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Code · BILL · 116th Congress · S. 4589 (Introduced in Senate) — To amend the Endangered Species Act of 1973 to increase transparency, to support regulatory certainty, and to reautho... · Sec. 101

Sec. 101. Technical corrections of gender-specific pronouns

1,704 words·~8 min read·/bill/116/s/4589/is/section-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 4 of the Endangered Species Act of 1973 ( 16 U.S.C. 1533 ) is amended— in subsection (a)(2)— by striking subparagraphs
(A)and
(B)and inserting the following: in any case in which the Secretary of Commerce determines that the species should be— listed as an endangered species or a threatened species, or changed in status from a threatened species to an endangered species— the Secretary of Commerce shall submit to the Secretary of the Interior a notice of the determination; and the Secretary of the Interior shall list the species in accordance with this section; or removed from any list published pursuant to subsection (c), or changed in status from an endangered species to a threatened species— the Secretary of Commerce shall recommend that action to the Secretary of the Interior; and the Secretary of the Interior, on concurrence with the recommendation, shall implement the action; and ; and by redesignating subparagraph
(C)as subparagraph
(B)and indenting the subparagraph appropriately; in subsection (b)— in paragraph (1)(A), by striking to him ; in paragraph (2), in the second sentence, by striking he determines each place it appears and inserting the Secretary determines ; in paragraph (3)(D)(ii), by striking the Secretary shall and all that follows through the period at the end and inserting the following: “the Secretary shall— determine the means by which to proceed with the requested revision; and promptly publish in the Federal Register a notice of the determination. ; in paragraph (5)(C), by striking he deems and inserting the Secretary determines to be ; in paragraph (6)(B)(ii), in the third sentence, by striking he determines and inserting the Secretary determines ; and in paragraph (7), in the third sentence of the undesignated matter following subparagraph (B), by striking he shall withdraw it and inserting the Secretary shall withdraw the regulation ; in subsection (c)(1), in the first sentence, by striking by him each place it appears and inserting by the Secretary ; in subsection (d), in the first sentence, by striking he deems and inserting the Secretary determines to be ; in subsection (e)— by redesignating subparagraphs
(B)and
(C)as paragraphs
(2)and (3), respectively, and indenting the paragraphs appropriately; and by striking and to the extent in the matter preceding subparagraph
(A)and all that follows through
(A)such species and inserting the following: to the extent the Secretary determines to be advisable, treat any species as an endangered species or threatened species, regardless of whether the species is listed pursuant to this section, if the Secretary finds that— the species ; and in subsection (f)(1), in the first sentence of the matter preceding subparagraph (A), by striking he finds and inserting the Secretary finds . Section 5(a)(2) of the Endangered Species Act of 1973 ( 16 U.S.C. 1534(a)(2) ) is amended by striking in him and inserting in the Secretary . Section 6 of the Endangered Species Act of 1973 ( 16 U.S.C. 1535 ) is amended— in subsection (c)— in paragraph (1), in the matter preceding subparagraph (A), by striking he each place it appears and inserting the Secretary ; and in paragraph (2), in the matter preceding subparagraph (A), by striking he each place it appears and inserting the Secretary ; in subsection (d)(2)— by striking the paragraph designation and all that follows through agreement; and in clause
(i)and inserting the following: A cooperative agreement under this section shall include provisions relating to— the benefits expected to be derived in connection with the conservation of each applicable endangered species or threatened species; the actions to be carried out by— the Secretary; and each applicable State; the estimated cost of the actions described in clause (ii); and subject to subparagraph (B), the Federal and non-Federal shares of those costs. In establishing the provisions required under subparagraph (A)(iv), the Secretary shall ensure that— the Federal share of the applicable program costs shall not exceed 75 percent of the estimated program cost, as stated in the cooperative agreement; but ; and in the undesignated matter following clause
(ii)of subparagraph
(B)(as so designated)— in the second sentence— by striking Secretary, whose decision and inserting the following: Secretary. A determination of the Secretary pursuant to subclause
(I); and by striking For the purposes and inserting the following: For purposes ; and in the first sentence, by striking The Secretary may, in his discretion, and under such rules and regulations as he may prescribe, advance and inserting the following: At the discretion of the Secretary, the Secretary, by regulation, may advance ; in subsection (e), by striking his periodic review and inserting periodic review by the Secretary ; and in subsection (g)(2)(B)(ii), in the first sentence, by striking applies such prohibition after he finds, and publishes his finding, that and inserting applies the prohibition after publishing a determination by the Secretary that . Section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) is amended— in subsection (a)— in paragraph (1), in the first sentence, by striking administered by him and utilize such and inserting administered by the Secretary, and use those ; and in paragraph (3), by striking his project and inserting the project of the applicant ; in subsection (b)(3)(A), in the second sentence, by striking which he and inserting that the Secretary ; and in subsection (g)— in paragraph (4), by striking requirements set forth in paragraph (3)(A) (i),
(ii)and
(iii)he shall, in consultation with the Members of the Committee, hold and inserting requirements under clauses (i), (ii), and
(iii)of paragraph (3)(A), the Secretary, in consultation with the Committee, shall hold ; and in paragraph (7), by striking such agency to the Secretary to assist him in carrying out his duties under and inserting the Federal agency to the Secretary to assist the Secretary in carrying out . Section 8 of the Endangered Species Act of 1973 ( 16 U.S.C. 1537 ) is amended— in subsection (a), in the second sentence, by striking he deems and inserting the President determines to be ; in subsection (b)(3), by striking as he and inserting as the Secretary ; in subsection (c)(1), by striking his department and inserting the Department of the Secretary ; and in subsection (d), by striking he deems and inserting the Secretary determines to be . Section 8A(c)(2) of the Endangered Species Act of 1973 ( 16 U.S.C. 1537a(c)(2) ) is amended by striking by him and inserting by the Secretary . Section 9 of the Endangered Species Act of 1973 ( 16 U.S.C. 1538 ) is amended— in subsection (d)(2)— in subparagraph (A), by striking by him each place it appears and inserting by the person ; and in subparagraph (B), by striking his place of business, an opportunity to examine his inventory and inserting the place of business of the person, an opportunity to examine the inventory of the person ; and in subsection (f)(1), in the third sentence— by striking as he and inserting as the Secretary ; and by striking if, in his discretion, he deems it and inserting as the Secretary determines to be . Section 10 of the Endangered Species Act of 1973 ( 16 U.S.C. 1539 ) is amended— in subsection (a), by striking he each place it appears and inserting the Secretary ; in subsection (b)— in paragraph (1), by striking applies to him and inserting submits to the Secretary an application ; and in paragraph (3)— in the first sentence, by striking as he deems fit and inserting as the Secretary determines to be appropriate ; and in the second sentence, by striking in his discretion ; in subsection (d)— by striking such endangered species, and
(3)will and inserting the following: an endangered species; and will ; by striking faith,
(2)if granted and exercised and inserting the following: faith; if granted and exercised, ; and by striking and
(b)of this section only if he finds and publishes his finding in the Federal Register that
(1)such and inserting the following: and
(b)only if the Secretary publishes in the Federal Register a determination by the Secretary that— the ; in subsection (e)(4), in the first sentence— by striking the provisions of paragraph
(1)of this subsection, whenever and inserting paragraph (1), in any case in which ; and by striking he may and inserting the Secretary may ; and in subsection (f), by striking he each place it appears and inserting the Secretary . Section 11 of the Endangered Species Act of 1973 ( 16 U.S.C. 1540 ) is amended— in subsection (a)— in paragraph (1), in the eighth sentence, by striking his action and inserting the action of the Secretary ; and in paragraph (3), by striking that he and inserting that the defendant ; in subsection (b)(3), by striking that he and inserting that the defendant ; in subsection (d), in the third sentence, by striking his official duties and inserting an official duty ; in subsection (e)— in paragraph (3), in the second sentence, by striking Such persons may make arrests without a warrant for any violation of this Act if he has reasonable grounds to believe that the person to be arrested is committing the violation in his presence or view and inserting An authorized person described in this paragraph may make an arrest without a warrant for any violation of this Act, if the authorized person has reasonable grounds to believe that the individual to be arrested is committing the violation in the presence or view of the authorized person ; and in paragraph (5), by striking the Secretary or by such persons as he may designate and inserting the Secretary (or a designee) ; and in subsection (g)(1), in the matter preceding subparagraph (A), by striking his own behalf and inserting behalf of the person . Section 15(b) of the Endangered Species Act of 1973 ( 16 U.S.C. 1542(b) ) is amended by striking to assist him and the Endangered Species Committee in carrying out their functions under sections 7 (e), (g), and
(h)and inserting to assist the Secretary and the Endangered Species Committee in carrying out subsections (e), (g), and
(h)of section 7 .
Connectionstraces to 10
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