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Last modified
7/14/2009 5:02:30 PM
Creation date
5/20/2009 5:14:13 PM
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Template:
UCREFRP
UCREFRP Catalog Number
7393
Author
Harrington, W.
Title
Endangered Species Protection and Water Resource Development.
USFW Year
1980.
USFW - Doc Type
LA-8278-MS,
Copyright Material
NO
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<br />Perhaps the most widely publicized change in the 1978 Amendments was the <br />establishment of a process by which some proj ect might be exempted from the <br />requirements of the Act. To rule on exemptions, a seven-member Endangered <br />Species Committee was established, consisting of the Secretary of Agriculture, <br />the Secretary of the Army, the Chairman of the Council of Economic Advisers, <br />the Administrator of the Environmental Protection Agency, the Secretary of the <br />Interior, the Administrator of the National Oceanic and Atmospheric Adminis- <br />tration, and one member from the state or states affected by the action under <br />consideration.* <br /> <br />The exemption process will work in the following way. If the b,ological <br />opinion concludes that a federal action will "jeopardize the continued exis- <br />tence of any endangered or threatened species or destroy or adversely modify <br />the critical habitat," any of the principles (the federal agency, the governor <br />of the state in which the action was to have taken place, or the licensee) may <br />apply to the Secretary of the Interior for an exemption. Thereupon, a three- <br />member review board is appointed to consider the application. After determin- <br />ing that an "irresolvable conflict" does in fact exist and that the exemption <br />applicant has carried out the consultation responsibilities in good faith, the <br />review board prepares a report on the application for the Endangered Species <br />Committee. Although not required, the review board may (and probably will) <br />conduct one or more adjudicatory hearings. Upon receiving the review board's <br />report, the Committee may grant the exemption (possibly conducted on the per- <br />formance of certain enhancement measures) if five of its members so vote. Any <br />outcome of the exemption process may be reviewed in the Court of Appeals. <br />The importance of the exemption process could be less than meets the eye. <br />In the first place, it is clear that Congress did not envision that very many <br />exemptions would be considered, much less granted. The Endangered Species <br />Committee is composed of seven very high-ranking officials--presumably very <br />busy people. It is true that the Committee members may appoint representatives <br />to attend hearings in their absence, but anyone so appointed must be in a pos- <br />ition requiring Senate approval. These are also very demanding jobs. Also, <br />such representatives can only attend hearings and discussions; voting can only <br /> <br />*In the Tellico Case, for example, this vote went to the Governor of Tennessee. <br />In the Grayrocks Case, the vote was shared by the Governors of Nebraska and <br />Wyoming. <br /> <br />19 <br />
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