Laserfiche WebLink
<br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp..~ 0 2 570 <br /> <br />Page 19 of44 <br /> <br />section 5703 of title 5 of the United States Code. <br />(5)(A) Five members of the Committee or their representatives shall constitute a <br />quorum for the transaction of any function of the Committee, except that, in no case <br />shall any representative be considered in detennining the existence of a quorum for <br />the transaction of any function ofthe Committee if that function involves a vote by <br />the Committee on any matter before the Committee. <br />(B) The Secretary of the Interior shall be the Chainnan of the Committee. <br />(C) The Committee shall meet at the call of the Chainnan or five of its members. <br />(D) All meetings and records of the Committee shall be open to the public. <br />(6) Upon request of the Committee, the head of any Federal agency is authorized to <br />detail, on a nonreimbursable basis, any of the personnel of such agency to the <br />Committee to assist it in carrying out its duties under this section. <br />(7)(A) The Committee may for the purpose of carrying out its duties under this <br />section hold such hearings, sit and act at such times and places, take such testimony, <br />and receive such evidence, as the Committee deems advisable. <br />(B) When so authorized by the Committee, any member or agent of the Committee <br />may take any action which the Committee is authorized to take by this paragraph. <br />(C) Subject to the Privacy Act, the Committee may secure directly from any Federal <br />agency infonnation necessary to enable it to carry out its duties under this section. <br />Upon request of the Chainnan of the Committee, the head of such Federal agency <br />shall furnish such information to the Committee. <br />(D) The Committee may use the United States mails in the same manner and upon the <br />same conditions as a Federal agency. <br />(E) The Administrator of General Services shall provide to the Committee on a <br />reimbursable basis such administrative support services as the Committee may <br />request. <br />(8) In carrying out its duties under this section, the Committee may promulgate and <br />amend such rules, regulations, and procedures, and issue and amend such orders as it <br />deems necessary. <br />(9) For the purpose of obtaining infonnation necessary for the consideration of an <br />application for an exemption under this section the Committee may issue subpoenas <br />for the attendance and testimony of witnesses and the production of relevant papers, <br />books, and documents. <br />(l0) In no case shall any representative, including a representative of a member <br />designated pursuant to paragraph (3 )(G) of this subsection, be eligible to cast a vote <br />on behalf of any member. <br /> <br />(f) REGULATlONS.-Not later than 90 days after the date of enactment of the <br />Endangered Species Act Amendments of 1978, the Secretary shall promulgate <br />regulations which set forth the form and manner in which applications for exemption <br />shall be submitted to the Secretary and the information to be contained in such <br />applications. Such regulations shall require that information submitted in an <br />application by the head of any Federal agency with respect to any agency action <br />include but not be limited to- <br />(l) a description of the consultation process carried out pursuant to subsection (a)(2) <br />of this section between the head of the Federal agency and the Secretary; and <br />(2) a statement describing why such action cannot be altered or modified to conform <br /> <br />http://www . fws.gov /~rgendspp/esa. html <br /> <br />9/30/97 <br />