Sec. 2. Endangered Species Act of 1973 definitions
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/bill/119/hr/1897/ih/section-2·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The final rule titled Endangered and Threatened Wildlife and Plants; Regulations for Listing Species and Designating Critical Habitat (84 Fed. Reg. 45020; published August 27, 2019) shall have the force and effect of law with respect to the use of the term foreseeable future . Section 3(2) Endangered Species Act of 1973 ( 16 U.S.C. 1532(2) ) is amended by inserting or public display or education aimed at the preservation or conservation of a species after organizations . Section 3(3) of the Endangered Species Act of 1973 ( 16 U.S.C. 1532(3) ) is amended by striking and transplantation, and, in the extraordinary case where population pressures within a given ecosystem cannot be otherwise relieved, may include and inserting transplantation, and, at the discretion of the Secretary, .
Section 3(5) of the Endangered Species Act of 1973 ( 16 U.S.C. 1532(5) ) is amended by adding at the end the following: For the purpose of designating critical habitat for a threatened species or an endangered species under this Act, the term habitat — means the abiotic and biotic setting that currently or periodically contains the resources and conditions necessary to support 1 or more life processes of the threatened species or endangered species; and does not include an area visited by only vagrant individual members of the threatened species or endangered species.
If the setting described in clause (i)(I) does not support all of the life processes of the relevant threatened species or endangered species, the threatened species or endangered species must be able to access, from the setting, other areas necessary to support its remaining life processes. . Section 3 of the Endangered Species Act of 1973 ( 16 U.S.C. 1532 ) is amended— by redesignating paragraphs
(2)through
(10)as paragraphs
(3)through (11), respectively; and by inserting after paragraph
(1)the following: Section 7(n) of the Endangered Species Act of 1973 ( 16 U.S.C. 1536(n) ) is amended by striking section 3(13) and inserting section 3(14) . The term best scientific and commercial data available includes data submitted to the Secretary by a State, Tribal, or local government. . Section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) is amended by adding at the end the following: For the purpose of carrying out a consultation under this section with respect to a threatened species or an endangered species, the term environmental baseline — means the condition of the species or the critical habitat of the species in the action area, without the consequences to the species or the critical habitat of the species caused by the proposed action; and includes— the past and present effects of all Federal, State, and private actions and other human activities in the action area; the anticipated effects of each proposed Federal project within the action area for which a consultation under this section has been completed; the effects of State and private actions that are contemporaneous with the consultation in process; and existing structures and facilities and the past, present, and future effects on the species or the critical habitat of the species from the physical existence of such structures and facilities. .
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- 84 FR 45020
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