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f) Management Decisions: Decisions regarding the listing of a species, designation of critical habitat and <br />approval of recovery plans shall be made by the Secretary, without delegation, after: <br />(1) consultation with the appropriate agency, regional director, as well as the designee of the tribes, <br />and the Governor of the state or states impacted by the decision; <br />(2) a hearing in the affected area upon receipt of a petition therefore by an interested party, if such a <br />hearing is determined by the Secretary to be in the public interest; and <br />(3) the Secretary's independent review of the record with respect to the proposal. <br />g) Cost - Benefit Analysis: <br />(1) An economic analysis shall be conducted for listing of species, not just the incremental effect of <br />critical habitat designation. <br />(2) NEPA: Actions under the Act, including the listing process, critical habitat designation, <br />preparation of cost benefit analysis and biological opinions, and preparation of recovery plans, <br />shall be taken only after compliance with the National Environmental Policy Act. <br />(3) Economic and Social Impacts: The Act shall be implemented in a manner that minimizes <br />adverse social, cultural and economic impacts. <br />h) Periodic Review: The Act shall provide for periodic review of species listings, critical habitat <br />designations and recovery plans to determine if such actions continue to be necessary for the continued existence <br />of a species. <br />i) Reconsideration: When petitioned by an affected tribe, state legislature, or Governor, the federal <br />government shall take immediate steps to review, document, reconsider and, where appropriate, rescind previous <br />action in the administration of the Act. Such actions shall include public hearings in each affected area. <br />j) Indirect Effects: Review of indirect effects of the proposed Federal action shall be limited to those effects <br />which would not occur but for the proposed Federal action and are reasonably certain to occur. <br />k) Public participation: Activities such as listing, critical habitat designation, development of reasonable <br />and prudent alternatives, recovery plans and efforts to recover the species shall be open to public participation. The <br />federal government shall fully inform the public, and other governmental entities, of the social and economic costs <br />and benefits of designating critical habitat. <br />Property Rights: <br />a) No Involuntary Appropriation: The Act shall not be used or construed to permit or justify the involuntary <br />appropriation of property of others, including contractual rights in existence at the time of a listing of a species for <br />any purpose, including but not limited to, a taking of a property right for purposes of mitigating federal action <br />under the Act. <br />b) Fair Compensation: The federal government shall fairly and timely compensate property owners when <br />the Act results in a taking of private property. <br />C) Federal "Standing" for Litigation: Individuals or entities whose property or economic interest may be <br />adversely impacted by actions taken under the Act shall have standing as parties in any litigation under the Act and <br />shall have "applicant" status in any action under the Act, including Section 7 consultations. <br />4. Interrelation With Other Laws: The Act shall be carried out in a manner consistent with other federal laws, <br />authorities and purposes, including the trust responsibility of the United States. The Act shall not abrogate, <br />supersede, supervene or supplant the United States Constitution, Bill of Rights, other federal law or state law <br />regarding water or other property rights. <br />2 <br />