Sec. 4. Determinations of endangered species and threatened species
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Section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) is amended— in subsection (a)— in paragraph (1), by inserting , with the consent of the Governor of each State in which the endangered species or threatened species is present, after The Secretary ; and in paragraph (2)(A)(ii), by inserting , with the consent of the Governor of each State in which the endangered species or threatened species is present, after , who ; in subsection (b)— by striking paragraph (3); by redesignating paragraphs
(4)through
(8)as paragraphs
(3)through (7), respectively; in paragraph
(6)(as so redesignated), strike paragraph (4), (5), or
(6)and insert paragraph (3), (4), or
(5); and by adding at the end the following: In this subsection, the term best scientific and commercial data includes any scientific evidence made available to the Secretary by any State agency. ; by striking subsection
(c)and inserting the following: In this subsection, the term joint resolution means only a joint resolution the matter after the resolving clause of which is as follows: That Congress approves the lists relating to endangered species and threatened species submitted by the Secretary of the Interior on ______. (the blank space being appropriately filled in). The Secretary of the Interior shall submit to Congress— a list of all species determined by the Secretary of the Interior or the Secretary of Commerce to be endangered species; and a list of all species determined by the Secretary of the Interior or the Secretary of Commerce to be threatened species. The lists described in paragraph
(2)shall not take effect until a joint resolution described in paragraph
(1)is enacted. Each list described in paragraph
(2)shall— refer to the species included on the list by any scientific and common name; and specify— with respect to the species over what portion of the range of the species that the species is endangered or threatened; and any critical habitat within the range. The Secretary of the Interior shall publish in the Federal Register each list approved in accordance with paragraph (3). On the date that is 5 years after the date on which a joint resolution is enacted in accordance with this subsection, each species listed on a list approved by the joint resolution shall be removed from the list. The Secretary of the Interior, in consultation with the Governor of each State in which the endangered species or threatened species is present, may submit to Congress a list that includes any species that was removed under subparagraph (A). The list described in clause
(i)shall not take effect until a joint resolution described in paragraph
(1)is enacted. ; in subsection (d)— in the first sentence, by striking Whenever any species and inserting Except as provided in subsection (j), whenever any species ; and in the second sentence, by striking The Secretary may and inserting Except as provided in subsection (j), the Secretary may ; in subsection (f)(1), by striking The Secretary shall and inserting Except as provided in subsection (j), the Secretary shall ; in subsection (g)(1), by striking The Secretary shall and inserting Except as provided in subsection (j), the Secretary shall ; in subsection (h)— in the matter preceding paragraph (1), by striking The Secretary shall and inserting Except as provided in subsection (j), the Secretary shall ; by striking paragraphs
(1)and (2); and by redesignating paragraphs
(3)and
(4)as paragraphs
(1)and (2), respectively; in subsection (i)— by striking or if the Secretary fails to adopt a regulation pursuant to an action petitioned by a State agency under subsection (b)(3), ; and by striking or petition ; and by adding at the end the following: In this subsection: The term Governor of a State means the Governor of a State in which an intrastate endangered species or intrastate threatened species is present. The term intrastate endangered species means an endangered species that the Governor of a State determines is present only within the State. The term intrastate threatened species means a threatened species that the Governor of a State determines is present only within the State. The Governor of a State may regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed before the date of enactment of this subsection. If the Governor of a State elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph (A), the Governor of the State shall, with respect to the management of the intrastate endangered species or intrastate threatened species on any land within the State, have the exclusive authority to, in accordance with the purposes and policy of this Act— promulgate or enforce any regulation or guidance; designate a critical habitat; issue a permit or license; develop or implement a recovery plan; and establish any goal with respect to the recovery plan. The management described in subparagraph
(B)shall be subject to the law of the State in which the land, including public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )), is located. The Governor of a State may, before the Secretary or any other person, regulate any intrastate endangered species or any intrastate threatened species listed under this section that is listed on or after the date of enactment of this subsection. If the Governor of a State elects to regulate an intrastate endangered species or an intrastate threatened species under subparagraph (A), subparagraphs
(B)and
(C)of paragraph
(2)shall apply. Any action by the Governor of a State under this subsection shall not be subject to judicial review in any court of the United States or in any State court. .
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