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DRAFT-05/IO/85 <br />existence of any endangered species or threatened species, <br />or (b) result in destruction of or adverse modification of <br />critical habitat where such critical habitat has been <br />designated. If jeopardy or adverse modification is found, <br />the Secretary shall suggest "reasonable and prudent <br />alternatives" which can be taken by the Federal agency or <br />applicant in implementing the agency action. The relevant <br />portions of Section 7 of the Endangered Species Act are <br />included below: <br />(a)(2) Each federal agency shall, in <br />consultation with and with the assistance of <br />the Secretary, insure that any action <br />authorized, funded, or carried out by such <br />agency (hereianfter in this section referred <br />to as an "agency action") is not likely to <br />jeopardize the continued existence of any <br />endangered species or,threatened species or <br />result in the destruction or adverse modification <br />of the habitat of such species which is <br />determined by the Secretary,. after consultation <br />as appropriate with affected states, to be <br />critical, unless such agency has been granted _ <br />an exemption .., pursuant to subsection (h) <br />of this section. ... <br />(b)(3)(A) Promptly after conclusion of <br />consultation ..., the Secretary shall provide <br />to the federal agency and the applicant, if <br />any, a written statement setting forth the <br />Secretary's opinion, and a summary of the <br />information on which the opinion is based, <br />detailing how the agency action affects the <br />species or its critical habitat. If jeopardy <br />or adverse modification is found, the <br />Secretary shall suggest those reasonable and <br />prudent alternatives which he believes would <br />not violate subsection (a)(2) and can be <br />taken by the federal agency or applicant in <br />implementing the agency action. <br />(b)(4) If after consultation under <br />subsection (a)(2), the Secretary concludes <br />that-- <br />17 <br />