Sec. 1035. Authority to assist other agencies to expedite review of proposed Department of Defense actions under the Endangered Species Act
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For any action by the Department of Defense that requires a section 7 consultation, the Secretary of Defense may transfer funds from accounts available for operation and maintenance and may detail personnel on a nonreimbursable basis to the head of the appropriate service to support such consultation. The Secretary may provide funds or detail personnel under this section only if— the Secretary determines that it is in the interest of national defense to complete a section 7 consultation for an action by the Department of Defense within a particular time period; the head of the appropriate service provides to the Secretary notice that the appropriate service does not have available funds or adequate personnel to complete such section 7 consultation within such time period; and the Secretary enters into an agreement with the head of the appropriate service that specifies the funds or personnel that the Secretary will provide to such service and requires that such funds or personnel be used only to contribute toward carrying out the section 7 consultation within such time period.
Funds received by the head of the appropriate service pursuant to subsection
(a)may be credited to appropriations available to such service for salaries and expenses. Subject to subsection (b), funds so credited shall be merged with and be available for the same purposes and for the same time period as the appropriations account to which such funds are credited. Funds or personnel provided to the head of the appropriate service under subsection
(a)may be used only to support activities that directly and meaningfully contribute to carrying out the section 7 consultation for which such funds or personnel are provided. The Secretary may not provide funds or personnel under this section in excess of an aggregate value of $1,000,000 in any fiscal year. Except as provided in paragraph (2), the authority to transfer funds or detail personnel under this section shall terminate on December 31, 2022. With respect to any section 7 consultation initiated prior to the date specified in paragraph
(1)and for which the Secretary began transferring funds or detailing personnel under this section before such date, the Secretary may continue to transfer funds and detail personnel in accordance with this section. In this section: The term head of the appropriate service has the meaning given the term Secretary in section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 ). The term section 7 consultation means consultation or conference by the Department of Defense with the Secretary (as defined in section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 )) under section 7 of such Act ( 16 U.S.C. 1536 ).
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Sec. 1035
Authority to assist other agencies to expedite review of proposed Department of Defense actions under the Endangered Species Act
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