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<br />ENDANGERED SPECIES ACT OF 1973, Endangered Sp... 002571 Page 20 of 44 <br /> <br />with the requirements of subsection (a)(2) of this section. <br /> <br />(g) APPLICATION FOR EXEMPTION AND REPORT TO THE COMMITTEE.- <br />(1) A Federal agency, the Governor of the State in which an agency action will occur, <br />if any, or a permit or license applicant may apply to the Secretary for an exemption <br />for an agency action of such agency if, after consultation under subsection (a)(2), the <br />Secretary's opinion under subsection (b) indicates that the agency action would <br />violate subsection (a)(2). An application for an exemption shall be considered <br />initially by the Secretary in the manner provided for in this subsection, and shall be <br />considered by the Committee for a final determination under subsection (h) after a <br />report is made pursuant to paragraph (5). The applicant for an exemption shall be <br />referred to as the "exemption applicant" in this section. <br />(2)(A) An exemption applicant shall submit a written application to the Secretary, in <br />a form prescribed under subsection (t), not later than 90 days after the completion of <br />the consultation process; except that, in the case of any agency action involving a <br />permit or license applicant, such application shall be submitted not later than 90 days <br />after the date on which the Federal agency concerned takes final agency action with <br />respect to the issuance ofthe permit or license. For purposes of the preceding <br />sentence, the term "final agency action" means (i) a disposition by an agency with <br />respect to the issuance of a permit or license that is subject to administrative review, <br />whether or not such disposition is subject to judicial review; or (ii) if administrative <br />review is sought with respect to such disposition, the decision resulting after such <br />review. Such application shall set forth the reasons why the exemption applicant <br />considers that the agency action meets the requirements for an exemption under this <br />subsection. <br />(B) Upon receipt of an application for exemption for an agency action under <br />paragraph (1), the Secretary shall promptly <br />(i) notify the Governor of each affected State, if any, as determined by the Secretary, <br />and request the Governors so notified to recommend individuals to be appointed to <br />the Endangered Species Committee for consideration of such application; and <br />(ii) publish notice of receipt of the application in the Federal Register, including a <br />summary of the information contained in the application and a description of the <br />agency action with respect to which the application for exemption has been filed. <br />(3) The Secretary shall within 20 days after the receipt of an application for <br />exemption, or within such other period of time as is mutually agreeable to the <br />exemption applicant and the Secretary <br />(A) determine that the Federal agency concerned and the exemption applicant have- <br />(i) carried out the consultation responsibilities described in subsection (a) in good <br />faith and made a reasonable and responsible effort to develop and fairly consider <br />modifications or reasonable and prudent alternatives to the proposed agency action <br />which would not violate subsection (a)(2); <br />(ii) conducted any biological assessment required by subsection (c); and <br />(iii) to the extent determinable within the time provided herein, refrained from <br />making any irreversible or irretrievable commitment of resources prohibited by <br />subsection (d); or <br />(B) deny the application for exemption because the Federal agency concerned or the <br />exemption applicant have not met the requirements set forth in subparagraph (A) (i), <br /> <br />http://www . fws.gov /-rgendspp/ esa.html <br /> <br />9/30/97 <br />