Sec. 2. Endangered Species Act of 1973 definitions
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Section 3(20) Endangered Species Act of 1973 ( 16 U.S.C. 1532(20) ) is amended by— striking The term and inserting ; and The term
(A)by adding at the end the following: For the purposes of applying subparagraph (A), the term foreseeable future means the period of time extending into the future within which the Secretary, based on the best scientific and commercial data available, is able to determine that a factor described in subparagraphs
(A)through
(E)of section 4(a)(1) is likely to occur with respect to the species. . 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— outside the current or historic range of the threatened species or endangered species; or 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: The terms best scientific and commercial data available and best scientific data available — mean all relevant and objective scientific and commercial information available at the time of the agency action; and include credible and reliable data, quantitative analyses, conceptual and numerical models, and model results that— account for known or potential sources or error; are applied using prevailing principles, methods, tools, and professional standards of practice; and are impartially gathered and objectively applied without reliance on precautionary assumptions in favor of a species or other assumptions or policy prescriptions that bias the application. . Section 7 of the Endangered Species Act of 1973 ( 16 U.S.C. 1536 ) is amended by adding at the end the following: In this section, the term environmental baseline — means the condition of the species or the critical habitat of the species in the area directly affected by the agency action at the time of the proposed agency action, 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, local, and private actions and other human activities in the area directly affected by the agency action; the anticipated effects of each proposed Federal project within the area directly affected by the agency action 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; existing structures and facilities and the past, present, and future effects of the physical existence of such structures and facilities on the species or the critical habitat of the species; and the effects of Federal actions being carried out at the time of the proposed agency action and existing Federal facilities that are not within the discretion of the Secretary to modify. .
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