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Code · BILL · 114th Congress · H.R. 2178 (Introduced in House) — To restore employment and educational opportunities in, and improve the economic stability of, counties containing Na... · Sec. 105

Sec. 105. Expedited compliance with Endangered Species Act

296 words·~1 min read·/bill/114/hr/2178/ih/section-105

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If the Secretary makes a determination that a proposed covered active management project is not likely to jeopardize the continued existence of any species listed as endangered or threatened under section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ), the Secretary shall— prepare an explanation of the basis for the determination; and submit the determination and explanation to the Secretary of the Interior or the Secretary of Commerce, as appropriate. Within 30 days after receiving a determination made by the Secretary under subsection (a), the Secretary of the Interior or the Secretary of Commerce, as appropriate, shall provide a written response to the Secretary concurring in or rejecting the Secretary’s determination.
If the Secretary of the Interior or the Secretary of Commerce rejects the determination made by the Secretary under subsection (a), the written response of the Secretary of the Interior or the Secretary of Commerce under paragraph
(1)shall include recommendations for measures that— will avoid the likelihood of jeopardy to an endangered or threatened species; can be implemented in a manner consistent with the intended purpose of the covered active management project; can be implemented consistent with the scope of the Secretary’s legal authority and jurisdiction; and are economically and technologically feasible. In addition to recommendations made under subsection (b)(2) when the Secretary of the Interior or the Secretary of Commerce rejects a determination issued by the Secretary under subsection (a), the Secretary of the Interior or the Secretary of Commerce, as the case may be, shall engage in formal consultation with the Secretary pursuant to section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ). The Secretaries shall complete such consultation within 90 days after the submission of the written response under subsection (b).
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Sec. 105
Expedited compliance with Endangered Species Act
U.S.C.§ 1533
U.S.C.§ 1536
Cites 2Cited by 0 across 0 sources
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