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<br />0625J9 <br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... <br /> <br />Page 18 of 44 <br /> <br />such agency, except that if a permit or license applicant is involved, the 180-day <br />period may not be extended unless such agency provides the applicant, before the <br />close of such period, with a written statement setting forth the esti- mated length of <br />the proposed extension and the reasons therefor) and, before any contract for <br />construction is entered into and before construction is begun with respect to such <br />action. Such assessment may be undertaken as part of a Federal agency's compliance <br />with the requirements of section 102 of the National Environmental Policy Act of <br />1969 (42 U.S.c. 4332). <br />(2) Any person who may wish to apply for an exemption under subsection (g) of this <br />section for that action may conduct a biological assessment to identify any <br />endangered species or threatened species which is likely to be affected by such <br />action. Any such bio- logical assessment must, however, be conducted in cooperation <br />with the Secretary and under the supervision of the appropriate Federal agency. <br /> <br />(d) LIMITATION ON COMMITMENT OF RESOURCES.-After initiation of <br />consultation required under subsection (a)(2), the Federal agency and the permit or <br />license applicant shall not make any irreversible or irretrievable commitment of <br />resources with respect to the agency action which has the effect of foreclosing the <br />formulation or implementation of any reasonable and prudent alternative measures <br />which would not violate subsection (a)(2). <br /> <br />(e)( I ) ESTABLISHMENT OF COMMITTEE.- There is established a committee to be <br />known as the Endangered Species Committee (hereinafter in this section referred to <br />as the "Committee"). <br />(2) The Committee shall review any application submitted to it pursuant to this <br />section and determine in accordance with subsection (h) of this section whether or not <br />to grant an exemption from the requirements of subsection (a)(2) of this action for the <br />action set forth in such application. <br />(3) The Committee shall be composed of seven members as follows: <br />(A) The Secretary of Agriculture. <br />(B) The Secretary of the Army. <br />(C) The Chairman of the Council of Economic Advisors. <br />(D) The Administrator of the Environmental Protection Agency. Agency. <br />(E) The Secretary of the Interior. <br />(F) The Administrator of the National Oceanic and Atmospheric Administration. <br />(G) The President, after consideration of any recommendations received pursuant to <br />subsection (g)(2)(B) shall appoint one individual from each affected State, as <br />determined by the Secretary, to be a member of the Committee for the consideration <br />of the application for exemption for an agency action with respect to which such <br />recommendations are made, not later than 30 days after an application is submitted <br />pursuant to this section. <br />(4 )(A) Members of the Committee shall receive no additional pay on account of their <br />service on the Committee. <br />(B) While away from their homes or regular places of business in the performance of <br />services for the Committee, members of the Committee shall be allowed travel <br />expenses, including per diem in lieu of subsistence, in the same manner as persons <br />employed inter- mittently in the Government service are allowed expenses under <br /> <br />http://www.fws.gov/-r9endspp/esa.html <br /> <br />9/30/97 <br />