
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 16USC1536]

 
                         TITLE 16--CONSERVATION
 
                     CHAPTER 35--ENDANGERED SPECIES
 
Sec. 1536. Interagency cooperation


(a) Federal agency actions and consultations

    (1) The Secretary shall review other programs administered by him 
and utilize such programs in furtherance of the purposes of this 
chapter. All other Federal agencies shall, in consultation with and with 
the assistance of the Secretary, utilize their authorities in 
furtherance of the purposes of this chapter by carrying out programs for 
the conservation of endangered species and threatened species listed 
pursuant to section 1533 of this title.
    (2) Each Federal agency shall, in consultation with and with the 
assistance of the Secretary, insure that any action authorized, funded, 
or carried out by such agency (hereinafter in this section referred to 
as an ``agency action'') is not likely to jeopardize the continued 
existence of any endangered species or threatened species or result in 
the destruction or adverse modification of habitat of such species which 
is determined by the Secretary, after consultation as appropriate with 
affected States, to be critical, unless such agency has been granted an 
exemption for such action by the Committee pursuant to subsection (h) of 
this section. In fulfilling the requirements of this paragraph each 
agency shall use the best scientific and commercial data available.
    (3) Subject to such guidelines as the Secretary may establish, a 
Federal agency shall consult with the Secretary on any prospective 
agency action at the request of, and in cooperation with, the 
prospective permit or license applicant if the applicant has reason to 
believe that an endangered species or a threatened species may be 
present in the area affected by his project and that implementation of 
such action will likely affect such species.
    (4) Each Federal agency shall confer with the Secretary on any 
agency action which is likely to jeopardize the continued existence of 
any species proposed to be listed under section 1533 of this title or 
result in the destruction or adverse modification of critical habitat 
proposed to be designated for such species. This paragraph does not 
require a limitation on the commitment of resources as described in 
subsection (d) of this section.

(b) Opinion of Secretary

    (1)(A) Consultation under subsection (a)(2) of this section with 
respect to any agency action shall be concluded within the 90-day period 
beginning on the date on which initiated or, subject to subparagraph 
(B), within such other period of time as is mutually agreeable to the 
Secretary and the Federal agency.
    (B) In the case of an agency action involving a permit or license 
applicant, the Secretary and the Federal agency may not mutually agree 
to conclude consultation within a period exceeding 90 days unless the 
Secretary, before the close of the 90th day referred to in subparagraph 
(A)--
        (i) if the consultation period proposed to be agreed to will end 
    before the 150th day after the date on which consultation was 
    initiated, submits to the applicant a written statement setting 
    forth--
            (I) the reasons why a longer period is required,
            (II) the information that is required to complete the 
        consultation, and
            (III) the estimated date on which consultation will be 
        completed; or

        (ii) if the consultation period proposed to be agreed to will 
    end 150 or more days after the date on which consultation was 
    initiated, obtains the consent of the applicant to such period.

The Secretary and the Federal agency may mutually agree to extend a 
consultation period established under the preceding sentence if the 
Secretary, before the close of such period, obtains the consent of the 
applicant to the extension.
    (2) Consultation under subsection (a)(3) of this section shall be 
concluded within such period as is agreeable to the Secretary, the 
Federal agency, and the applicant concerned.
    (3)(A) Promptly after conclusion of consultation under paragraph (2) 
or (3) of subsection (a) of this section, the Secretary shall provide to 
the Federal agency and the applicant, if any, a written statement 
setting forth the Secretary's opinion, and a summary of the information 
on which the opinion is based, detailing how the agency action affects 
the species or its critical habitat. If jeopardy or adverse modification 
is found, the Secretary shall suggest those reasonable and prudent 
alternatives which he believes would not violate subsection (a)(2) of 
this section and can be taken by the Federal agency or applicant in 
implementing the agency action.
    (B) Consultation under subsection (a)(3) of this section, and an 
opinion issued by the Secretary incident to such consultation, regarding 
an agency action shall be treated respectively as a consultation under 
subsection (a)(2) of this section, and as an opinion issued after 
consultation under such subsection, regarding that action if the 
Secretary reviews the action before it is commenced by the Federal 
agency and finds, and notifies such agency, that no significant changes 
have been made with respect to the action and that no significant change 
has occurred regarding the information used during the initial 
consultation.
    (4) If after consultation under subsection (a)(2) of this section, 
the Secretary concludes that--
        (A) the agency action will not violate such subsection, or 
    offers reasonable and prudent alternatives which the Secretary 
    believes would not violate such subsection;
        (B) the taking of an endangered species or a threatened species 
    incidental to the agency action will not violate such subsection; 
    and
        (C) if an endangered species or threatened species of a marine 
    mammal is involved, the taking is authorized pursuant to section 
    1371(a)(5) of this title;

the Secretary shall provide the Federal agency and the applicant 
concerned, if any, with a written statement that--
        (i) specifies the impact of such incidental taking on the 
    species,
        (ii) specifies those reasonable and prudent measures that the 
    Secretary considers necessary or appropriate to minimize such 
    impact,
        (iii) in the case of marine mammals, specifies those measures 
    that are necessary to comply with section 1371(a)(5) of this title 
    with regard to such taking, and
        (iv) sets forth the terms and conditions (including, but not 
    limited to, reporting requirements) that must be complied with by 
    the Federal agency or applicant (if any), or both, to implement the 
    measures specified under clauses (ii) and (iii).

(c) Biological assessment

    (1) To facilitate compliance with the requirements of subsection 
(a)(2) of this section, each Federal agency shall, with respect to any 
agency action of such agency for which no contract for construction has 
been entered into and for which no construction has begun on November 
10, 1978, request of the Secretary information whether any species which 
is listed or proposed to be listed may be present in the area of such 
proposed action. If the Secretary advises, based on the best scientific 
and commercial data available, that such species may be present, such 
agency shall conduct a biological assessment for the purpose of 
identifying any endangered species or threatened species which is likely 
to be affected by such action. Such assessment shall be completed within 
180 days after the date on which initiated (or within such other period 
as is mutually agreed to by the Secretary and such agency, except that 
if a permit or license applicant is involved, the 180-day period may not 
be extended unless such agency provides the applicant, before the close 
of such period, with a written statement setting forth the estimated 
length of the proposed extension and the reasons therefor) and, before 
any contract for construction is entered into and before construction is 
begun with respect to such action. Such assessment may be undertaken as 
part of a Federal agency's compliance with the requirements of section 
102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332).
    (2) Any person who may wish to apply for an exemption under 
subsection (g) of this section for that action may conduct a biological 
assessment to identify any endangered species or threatened species 
which is likely to be affected by such action. Any such biological 
assessment must, however, be conducted in cooperation with the Secretary 
and under the supervision of the appropriate Federal agency.

(d) Limitation on commitment of resources

    After initiation of consultation required under subsection (a)(2) of 
this section, the Federal agency and the permit or license applicant 
shall not make any irreversible or irretrievable commitment of resources 
with respect to the agency action which has the effect of foreclosing 
the formulation or implementation of any reasonable and prudent 
alternative measures which would not violate subsection (a)(2) of this 
section.

(e) Endangered Species Committee

    (1) There is established a committee to be known as the Endangered 
Species Committee (hereinafter in this section referred to as the 
``Committee'').
    (2) The Committee shall review any application submitted to it 
pursuant to this section and determine in accordance with subsection (h) 
of this section whether or not to grant an exemption from the 
requirements of subsection (a)(2) of this section for the action set 
forth in such application.
    (3) The Committee shall be composed of seven members as follows:
        (A) The Secretary of Agriculture.
        (B) The Secretary of the Army.
        (C) The Chairman of the Council of Economic Advisors.
        (D) The Administrator of the Environmental Protection Agency.
        (E) The Secretary of the Interior.
        (F) The Administrator of the National Oceanic and Atmospheric 
    Administration.
        (G) The President, after consideration of any recommendations 
    received pursuant to subsection (g)(2)(B) of this section shall 
    appoint one individual from each affected State, as determined by 
    the Secretary, to be a member of the Committee for the consideration 
    of the application for exemption for an agency action with respect 
    to which such recommendations are made, not later than 30 days after 
    an application is submitted pursuant to this section.

    (4)(A) Members of the Committee shall receive no additional pay on 
account of their service on the Committee.
    (B) While away from their homes or regular places of business in the 
performance of services for the Committee, members of the Committee 
shall be allowed travel expenses, including per diem in lieu of 
subsistence, in the same manner as persons employed intermittently in 
the Government service are allowed expenses under section 5703 of title 
5.
    (5)(A) Five members of the Committee or their representatives shall 
constitute a quorum for the transaction of any function of the 
Committee, except that, in no case shall any representative be 
considered in determining the existence of a quorum for the transaction 
of any function of the Committee if that function involves a vote by the 
Committee on any matter before the Committee.
    (B) The Secretary of the Interior shall be the Chairman of the 
Committee.
    (C) The Committee shall meet at the call of the Chairman or five of 
its members.
    (D) All meetings and records of the Committee shall be open to the 
public.
    (6) Upon request of the Committee, the head of any Federal agency is 
authorized to detail, on a nonreimbursable basis, any of the personnel 
of such agency to the Committee to assist it in carrying out its duties 
under this section.
    (7)(A) The Committee may for the purpose of carrying out its duties 
under this section hold such hearings, sit and act at such times and 
places, take such testimony, and receive such evidence, as the Committee 
deems advisable.
    (B) When so authorized by the Committee, any member or agent of the 
Committee may take any action which the Committee is authorized to take 
by this paragraph.
    (C) Subject to the Privacy Act [5 U.S.C. 552a], the Committee may 
secure directly from any Federal agency information necessary to enable 
it to carry out its duties under this section. Upon request of the 
Chairman of the Committee, the head of such Federal agency shall furnish 
such information to the Committee.
    (D) The Committee may use the United States mails in the same manner 
and upon the same conditions as a Federal agency.
    (E) The Administrator of General Services shall provide to the 
Committee on a reimbursable basis such administrative support services 
as the Committee may request.
    (8) In carrying out its duties under this section, the Committee may 
promulgate and amend such rules, regulations, and procedures, and issue 
and amend such orders as it deems necessary.
    (9) For the purpose of obtaining information necessary for the 
consideration of an application for an exemption under this section the 
Committee may issue subpenas for the attendance and testimony of 
witnesses and the production of relevant papers, books, and documents.
    (10) In no case shall any representative, including a representative 
of a member designated pursuant to paragraph (3)(G) of this subsection, 
be eligible to cast a vote on behalf of any member.

(f) Promulgation of regulations; form and contents of exemption 
        application

    Not later than 90 days after November 10, 1978, the Secretary shall 
promulgate regulations which set forth the form and manner in which 
applications for exemption shall be submitted to the Secretary and the 
information to be contained in such applications. Such regulations shall 
require that information submitted in an application by the head of any 
Federal agency with respect to any agency action include, but not be 
limited to--
        (1) a description of the consultation process carried out 
    pursuant to subsection (a)(2) of this section between the head of 
    the Federal agency and the Secretary; and
        (2) a statement describing why such action cannot be altered or 
    modified to conform with the requirements of subsection (a)(2) of 
    this section.

(g) Application for exemption; report to Committee

    (1) A Federal agency, the Governor of the State in which an agency 
action will occur, if any, or a permit or license applicant may apply to 
the Secretary for an exemption for an agency action of such agency if, 
after consultation under subsection (a)(2) of this section, the 
Secretary's opinion under subsection (b) of this section indicates that 
the agency action would violate subsection (a)(2) of this section. An 
application for an exemption shall be considered initially by the 
Secretary in the manner provided for in this subsection, and shall be 
considered by the Committee for a final determination under subsection 
(h) of this section after a report is made pursuant to paragraph (5). 
The applicant for an exemption shall be referred to as the ``exemption 
applicant'' in this section.
    (2)(A) An exemption applicant shall submit a written application to 
the Secretary, in a form prescribed under subsection (f) of this 
section, not later than 90 days after the completion of the consultation 
process; except that, in the case of any agency action involving a 
permit or license applicant, such application shall be submitted not 
later than 90 days after the date on which the Federal agency concerned 
takes final agency action with respect to the issuance of the permit or 
license. For purposes of the preceding sentence, the term ``final agency 
action'' means (i) a disposition by an agency with respect to the 
issuance of a permit or license that is subject to administrative 
review, whether or not such disposition is subject to judicial review; 
or (ii) if administrative review is sought with respect to such 
disposition, the decision resulting after such review. Such application 
shall set forth the reasons why the exemption applicant considers that 
the agency action meets the requirements for an exemption under this 
subsection.
    (B) Upon receipt of an application for exemption for an agency 
action under paragraph (1), the Secretary shall promptly (i) notify the 
Governor of each affected State, if any, as determined by the Secretary, 
and request the Governors so notified to recommend individuals to be 
appointed to the Endangered Species Committee for consideration of such 
application; and (ii) publish notice of receipt of the application in 
the Federal Register, including a summary of the information contained 
in the application and a description of the agency action with respect 
to which the application for exemption has been filed.
    (3) The Secretary shall within 20 days after the receipt of an 
application for exemption, or within such other period of time as is 
mutually agreeable to the exemption applicant and the Secretary--
        (A) determine that the Federal agency concerned and the 
    exemption applicant have--
            (i) carried out the consultation responsibilities described 
        in subsection (a) of this section in good faith and made a 
        reasonable and responsible effort to develop and fairly consider 
        modifications or reasonable and prudent alternatives to the 
        proposed agency action which would not violate subsection (a)(2) 
        of this section;
            (ii) conducted any biological assessment required by 
        subsection (c) of this section; and
            (iii) to the extent determinable within the time provided 
        herein, refrained from making any irreversible or irretrievable 
        commitment of resources prohibited by subsection (d) of this 
        section; or

        (B) deny the application for exemption because the Federal 
    agency concerned or the exemption applicant have not met the 
    requirements set forth in subparagraph (A)(i), (ii), and (iii).

The denial of an application under subparagraph (B) shall be considered 
final agency action for purposes of chapter 7 of title 5.
    (4) If the Secretary determines that the Federal agency concerned 
and the exemption applicant have met the requirements set forth in 
paragraph (3)(A)(i), (ii), and (iii) he shall, in consultation with the 
Members of the Committee, hold a hearing on the application for 
exemption in accordance with sections 554, 555, and 556 (other than 
subsection (b)(1) and (2) thereof) of title 5 and prepare the report to 
be submitted pursuant to paragraph (5).
    (5) Within 140 days after making the determinations under paragraph 
(3) or within such other period of time as is mutually agreeable to the 
exemption applicant and the Secretary, the Secretary shall submit to the 
Committee a report discussing--
        (A) the availability of reasonable and prudent alternatives to 
    the agency action, and the nature and extent of the benefits of the 
    agency action and of alternative courses of action consistent with 
    conserving the species or the critical habitat;
        (B) a summary of the evidence concerning whether or not the 
    agency action is in the public interest and is of national or 
    regional significance;
        (C) appropriate reasonable mitigation and enhancement measures 
    which should be considered by the Committee; and
        (D) whether the Federal agency concerned and the exemption 
    applicant refrained from making any irreversible or irretrievable 
    commitment of resources prohibited by subsection (d) of this 
    section.

    (6) To the extent practicable within the time required for action 
under subsection (g) of this section, and except to the extent 
inconsistent with the requirements of this section, the consideration of 
any application for an exemption under this section and the conduct of 
any hearing under this subsection shall be in accordance with sections 
554, 555, and 556 (other than subsection (b)(3) of section 556) of title 
5.
    (7) Upon request of the Secretary, the head of any Federal agency is 
authorized to detail, on a nonreimbursable basis, any of the personnel 
of such agency to the Secretary to assist him in carrying out his duties 
under this section.
    (8) All meetings and records resulting from activities pursuant to 
this subsection shall be open to the public.

(h) Grant of exemption

    (1) The Committee shall make a final determination whether or not to 
grant an exemption within 30 days after receiving the report of the 
Secretary pursuant to subsection (g)(5) of this section. The Committee 
shall grant an exemption from the requirements of subsection (a)(2) of 
this section for an agency action if, by a vote of not less than five of 
its members voting in person--
        (A) it determines on the record, based on the report of the 
    Secretary, the record of the hearing held under subsection (g)(4) of 
    this section and on such other testimony or evidence as it may 
    receive, that--
            (i) there are no reasonable and prudent alternatives to the 
        agency action;
            (ii) the benefits of such action clearly outweigh the 
        benefits of alternative courses of action consistent with 
        conserving the species or its critical habitat, and such action 
        is in the public interest;
            (iii) the action is of regional or national significance; 
        and
            (iv) neither the Federal agency concerned nor the exemption 
        applicant made any irreversible or irretrievable commitment of 
        resources prohibited by subsection (d) of this section; and

        (B) it establishes such reasonable mitigation and enhancement 
    measures, including, but not limited to, live propagation, 
    transplantation, and habitat acquisition and improvement, as are 
    necessary and appropriate to minimize the adverse effects of the 
    agency action upon the endangered species, threatened species, or 
    critical habitat concerned.

Any final determination by the Committee under this subsection shall be 
considered final agency action for purposes of chapter 7 of title 5.
    (2)(A) Except as provided in subparagraph (B), an exemption for an 
agency action granted under paragraph (1) shall constitute a permanent 
exemption with respect to all endangered or threatened species for the 
purposes of completing such agency action--
        (i) regardless whether the species was identified in the 
    biological assessment; and
        (ii) only if a biological assessment has been conducted under 
    subsection (c) of this section with respect to such agency action.

    (B) An exemption shall be permanent under subparagraph (A) unless--
        (i) the Secretary finds, based on the best scientific and 
    commercial data available, that such exemption would result in the 
    extinction of a species that was not the subject of consultation 
    under subsection (a)(2) of this section or was not identified in any 
    biological assessment conducted under subsection (c) of this 
    section, and
        (ii) the Committee determines within 60 days after the date of 
    the Secretary's finding that the exemption should not be permanent.

If the Secretary makes a finding described in clause (i), the Committee 
shall meet with respect to the matter within 30 days after the date of 
the finding.

(i) Review by Secretary of State; violation of international treaty or 
        other international obligation of United States

    Notwithstanding any other provision of this chapter, the Committee 
shall be prohibited from considering for exemption any application made 
to it, if the Secretary of State, after a review of the proposed agency 
action and its potential implications, and after hearing, certifies, in 
writing, to the Committee within 60 days of any application made under 
this section that the granting of any such exemption and the carrying 
out of such action would be in violation of an international treaty 
obligation or other international obligation of the United States. The 
Secretary of State shall, at the time of such certification, publish a 
copy thereof in the Federal Register.

(j) Exemption for national security reasons

    Notwithstanding any other provision of this chapter, the Committee 
shall grant an exemption for any agency action if the Secretary of 
Defense finds that such exemption is necessary for reasons of national 
security.

(k) Exemption decision not considered major Federal action; 
        environmental impact statement

    An exemption decision by the Committee under this section shall not 
be a major Federal action for purposes of the National Environmental 
Policy Act of 1969 [42 U.S.C. 4321 et seq.]: Provided, That an 
environmental impact statement which discusses the impacts upon 
endangered species or threatened species or their critical habitats 
shall have been previously prepared with respect to any agency action 
exempted by such order.

(l) Committee order granting exemption; cost of mitigation and 
        enhancement measures; report by applicant to Council on 
        Environmental Quality

    (1) If the Committee determines under subsection (h) of this section 
that an exemption should be granted with respect to any agency action, 
the Committee shall issue an order granting the exemption and specifying 
the mitigation and enhancement measures established pursuant to 
subsection (h) of this section which shall be carried out and paid for 
by the exemption applicant in implementing the agency action. All 
necessary mitigation and enhancement measures shall be authorized prior 
to the implementing of the agency action and funded concurrently with 
all other project features.
    (2) The applicant receiving such exemption shall include the costs 
of such mitigation and enhancement measures within the overall costs of 
continuing the proposed action. Notwithstanding the preceding sentence 
the costs of such measures shall not be treated as project costs for the 
purpose of computing benefit-cost or other ratios for the proposed 
action. Any applicant may request the Secretary to carry out such 
mitigation and enhancement measures. The costs incurred by the Secretary 
in carrying out any such measures shall be paid by the applicant 
receiving the exemption. No later than one year after the granting of an 
exemption, the exemption applicant shall submit to the Council on 
Environmental Quality a report describing its compliance with the 
mitigation and enhancement measures prescribed by this section. Such a 
report shall be submitted annually until all such mitigation and 
enhancement measures have been completed. Notice of the public 
availability of such reports shall be published in the Federal Register 
by the Council on Environmental Quality.

(m) Notice requirement for citizen suits not applicable

    The 60-day notice requirement of section 1540(g) of this title shall 
not apply with respect to review of any final determination of the 
Committee under subsection (h) of this section granting an exemption 
from the requirements of subsection (a)(2) of this section.

(n) Judicial review

    Any person, as defined by section 1532(13) of this title, may obtain 
judicial review, under chapter 7 of title 5, of any decision of the 
Endangered Species Committee under subsection (h) of this section in the 
United States Court of Appeals for (1) any circuit wherein the agency 
action concerned will be, or is being, carried out, or (2) in any case 
in which the agency action will be, or is being, carried out outside of 
any circuit, the District of Columbia, by filing in such court within 90 
days after the date of issuance of the decision, a written petition for 
review. A copy of such petition shall be transmitted by the clerk of the 
court to the Committee and the Committee shall file in the court the 
record in the proceeding, as provided in section 2112 of title 28. 
Attorneys designated by the Endangered Species Committee may appear for, 
and represent the Committee in any action for review under this 
subsection.

(o) Exemption as providing exception on taking of endangered species

    Notwithstanding sections 1533(d) and 1538(a)(1)(B) and (C) of this 
title, sections 1371 and 1372 of this title, or any regulation 
promulgated to implement any such section--
        (1) any action for which an exemption is granted under 
    subsection (h) of this section shall not be considered to be a 
    taking of any endangered species or threatened species with respect 
    to any activity which is necessary to carry out such action; and
        (2) any taking that is in compliance with the terms and 
    conditions specified in a written statement provided under 
    subsection (b)(4)(iv) of this section shall not be considered to be 
    a prohibited taking of the species concerned.

(p) Exemptions in Presidentially declared disaster areas

    In any area which has been declared by the President to be a major 
disaster area under the Disaster Relief and Emergency Assistance Act [42 
U.S.C. 5121 et seq.], the President is authorized to make the 
determinations required by subsections (g) and (h) of this section for 
any project for the repair or replacement of a public facility 
substantially as it existed prior to the disaster under section 405 or 
406 of the Disaster Relief and Emergency Assistance Act [42 U.S.C. 5171 
or 5172], and which the President determines (1) is necessary to prevent 
the recurrence of such a natural disaster and to reduce the potential 
loss of human life, and (2) to involve an emergency situation which does 
not allow the ordinary procedures of this section to be followed. 
Notwithstanding any other provision of this section, the Committee shall 
accept the determinations of the President under this subsection.

(Pub. L. 93-205, Sec. 7, Dec. 28, 1973, 87 Stat. 892; Pub. L. 95-632, 
Sec. 3, Nov. 10, 1978, 92 Stat. 3752; Pub. L. 96-159, Sec. 4, Dec. 28, 
1979, 93 Stat. 1226; Pub. L. 97-304, Secs. 4(a), 8(b), Oct. 13, 1982, 96 
Stat. 1417, 1426; Pub. L. 99-659, title IV, Sec. 411(b), (c), Nov. 14, 
1986, 100 Stat. 3741, 3742; Pub. L. 100-707, title I, Sec. 109(g), Nov. 
23, 1988, 102 Stat. 4709.)

                       References in Text

    The Privacy Act, referred to in subsec. (e)(7)(C), is Pub. L. 93-
579, Dec. 31, 1974, 88 Stat. 1896, as amended, which enacted section 
552a of Title 5, Government Organization and Employees, and provisions 
set out as notes under section 552a of Title 5. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 552a of Title 5 and Tables.
    The National Environmental Policy Act of 1969, referred to in 
subsec. (k), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended, 
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title 
42, The Public Health and Welfare. For complete classification of this 
Act to the Code, see Short Title note set out under section 4321 of 
Title 42 and Tables.
    The Disaster Relief and Emergency Assistance Act, referred to in 
subsec. (p), is Pub. L. 93-288, May 22, 1974, 88 Stat. 143, as amended, 
known as The Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, which is classified principally to chapter 68 (Sec. 5121 et seq.) 
of Title 42. For complete classification of this Act to the Code, see 
Short Title note set out under section 5121 of Title 42 and Tables.


                               Amendments

    1988--Subsec. (p). Pub. L. 100-707 substituted ``the Disaster Relief 
and Emergency Assistance Act'' for ``the Disaster Relief Act of 1974'' 
and ``section 405 or 406 of the Disaster Relief and Emergency Assistance 
Act'' for ``section 401 or 402 of the Disaster Relief Act of 1974''.
    1986--Subsec. (b)(4)(C). Pub. L. 99-659, Sec. 411(b)(1)-(3), added 
subpar. (C).
    Subsec. (b)(4)(iii), (iv). Pub. L. 99-659, Sec. 411(b)(4)-(6), added 
cl. (iii), redesignated former cl. (iii) as (iv), and in cl. (iv), as so 
redesignated, inserted reference to cl. (iii).
    Subsec. (o). Pub. L. 99-659, Sec. 411(c)(1), in introductory 
provisions, inserted ``, sections 1371 and 1372 of this title,'', and 
substituted ``any'' for ``either'' after ``implement''.
    Subsec. (o)(2). Pub. L. 99-659, Sec. 411(c)(2), substituted 
``subsection (b)(4)(iv)'' for ``subsection (b)(4)(iii)'' and inserted 
``prohibited'' before ``taking of the species''.
    1982--Subsec. (a)(3), (4). Pub. L. 97-304, Sec. 4(a)(1), added par. 
(3) and redesignated former par. (3) as (4).
    Subsec. (b). Pub. L. 97-304, Sec. 4(a)(2), incorporated existing 
provisions into pars. (1)(A) and (3)(A) and added pars. (1)(B), (2), 
(3)(B), and (4).
    Subsec. (c)(1). Pub. L. 97-304, Sec. 4(a)(3), inserted ``, except 
that if a permit or license applicant is involved, the 180-day period 
may not be extended unless such agency provides the applicant, before 
the close of such period, with a written statement setting forth the 
estimated length of the proposed extension and the reasons therefor'' 
after ``agency'' in parenthetical provision.
    Subsec. (e)(10). Pub. L. 97-304, Sec. 4(a)(4), struck out provision 
that, except in the case of a member designated pursuant to paragraph 
(3)(G) of this subsection, no member could designate any person to serve 
as his or her representative unless that person was, at the time of such 
designation, holding a Federal office the appointment to which was 
subject to the advice and consent of the United States Senate.
    Subsec. (g)(1). Pub. L. 97-304, Sec. 4(a)(5)(B), substituted ``An 
application for an exemption shall be considered initially by the 
Secretary in the manner provided for in this subsection, and shall be 
considered by the Committee for a final determination under subsection 
(h) of this section after a report is made pursuant to paragraph (5)'' 
for ``An application for an exemption shall be considered initially by a 
review board in the manner provided in this subsection, and shall be 
considered by the Endangered Species Committee for a final determination 
under subsection (h) of this section after a report is made by the 
review board''.
    Subsec. (g)(2)(A). Pub. L. 97-304, Sec. 4(a)(5)(C)(i), substituted 
``An exemption applicant shall submit a written application to the 
Secretary, in a form prescribed under subsection (f) of this section, 
not later than 90 days after the completion of the consultation process; 
except that, in the case of any agency action involving a permit or 
license applicant, such application shall be submitted not later than 90 
days after the date on which the Federal agency concerned takes final 
agency action with respect to the issuance of the permit or license'' 
for ``An exemption applicant shall submit a written application to the 
Secretary, in a form prescribed under subsection (f) of this section, 
not later than 90 days after the completion of the consultation process; 
or, in the case of any agency action involving a permit or license 
applicant, not later than 90 days after the date on which the Federal 
agency concerned takes final agency action, for purposes of chapter 7 of 
title 5, with respect to the issuance of the permit or license'' and 
inserted provision that, ``For purposes of the preceding sentence, the 
term `final agency action' means (i) a disposition by an agency with 
respect to the issuance of a permit or license that is subject to 
administrative review, whether or not such disposition is subject to 
judicial review; or (ii) if administrative review is sought with respect 
to such disposition, the decision resulting after such review.''
    Subsec. (g)(2)(B). Pub. L. 97-304, Sec. 4(a)(5)(C)(ii), inserted 
``(i)'' after ``the Secretary shall promptly'', struck out ``to the 
review board to be established under paragraph (3) and'' after 
``individuals to be appointed'' in cl. (i) as so designated, and added 
cl. (ii).
    Subsec. (g)(3). Pub. L. 97-304, Sec. 4(a)(5)(D), (E), redesignated 
par. (5) as (3) and substituted provisions directing the Secretary, 
within 20 days after the receipt of an application for exemption, or 
within such other period of time as is mutually agreeable to the 
exemption applicant and the Secretary, to (A) determine that the Federal 
agency concerned and the exemption applicant have (i) carried out the 
consultation responsibilities described in subsection (a) of this 
section in good faith and made a reasonable and responsible effort to 
develop and fairly consider modifications or reasonable and prudent 
alternatives to the proposed agency action which would not violate 
subsection (a)(2) of this section, (ii) conducted any biological 
assessment required by subsection (c) of this section, and (iii) to the 
extent determinable within the time provided herein, refrained from 
making any irreversible or irretrievable commitment of resources 
prohibited by subsection (d) of this section, or (B) deny the 
application for exemption because the Federal agency concerned or the 
exemption applicant have not met the requirements set forth in 
subparagraph (A)(i), (ii), and (iii), and providing that the denial of 
an application under subparagraph (B) shall be considered final agency 
action for purposes of chapter 7 of title 5, for provisions placing upon 
the review board appointed under former par. (3) the duty to make a full 
review of the consultation carried out under subsection (a)(2) of this 
section, and within 60 days after its appointment or within such longer 
time as was mutually agreed upon between the exemption applicant and the 
Secretary, to make a determination, by a majority vote, (A) whether an 
irresolvable conflict existed and (B) whether the Federal agency 
concerned and such exemption applicant had (i) carried out its 
consultation responsibilities as described in subsection (a) of this 
section in good faith and made a reasonable and responsible effort to 
develop and fairly consider modifications or reasonable and prudent 
alternatives to the proposed agency action which would not violate 
subsection (a)(2) of this section, (ii) conducted any biological 
assessment required of it by subsection (c) of this section, and (iii) 
refrained from making any irreversible or irretrievable commitment of 
resources prohibited by subsection (d) of this section, and providing 
that any determination by the review board that an irresolvable conflict 
did not exist or that the Federal agency concerned or the exemption 
applicant had not met its respective requirements under subclause (i), 
(ii), or (iii) was to be considered final agency action for purposes of 
chapter 7 of title 5. Former par. (3), providing for the establishment 
and functions of a review board to consider applications for exemptions 
and to submit reports to the Endangered Species Committee, was struck 
out.
    Subsec. (g)(4). Pub. L. 97-304, Sec. 4(a)(5)(D), (F), redesignated 
par. (6) as (4) and substituted ``If the Secretary determines that the 
Federal agency concerned and the exemption applicant have met the 
requirements set forth in paragraph (3)(A)(i), (ii), and (iii) he shall, 
in consultation with the Members of the Committee, hold a hearing on the 
application for exemption in accordance with sections 554, 555, and 556 
(other than subsection (b)(1) and (2) thereof) of title 5 and prepare 
the report to be submitted pursuant to paragraph (5)'' for ``If the 
review board determines that an irresolvable conflict exists and makes 
positive determinations under subclauses (i), (ii), and (iii) of 
paragraph (5), it shall proceed to prepare the report to be submitted 
under paragraph (7)''. Former par. (4), directing the Secretary to 
submit the application to the review board immediately after its 
appointment under paragraph (3), and to submit to the review board, in 
writing, his views and recommendations with respect to the application 
within 60 days after receiving a copy of any application under paragraph 
(2), was struck out.
    Subsec. (g)(5). Pub. L. 97-304, Sec. 4(a)(5)(G), redesignated par. 
(7) as (5) and substituted ``Within 140 days after making the 
determinations under paragraph (3) or within such other period of time 
as is mutually agreeable to the exemption applicant and the Secretary, 
the Secretary shall submit'' for ``Within 180 days after making the 
determinations under paragraph (6), the review board shall submit'' in 
the provisions preceding subpar. (A), and added subpar. (D). Former par. 
(5) redesignated (3) and amended.
    Subsec. (g)(6). Pub. L. 97-304, Sec. 4(a)(5)(H), redesignated par. 
(8) as (6). Former par. (6) redesignated (4) and amended.
    Subsec. (g)(7). Pub. L. 97-304, Sec. 4(a)(5)(I), redesignated par. 
(10) as (7) and substituted ``Upon request of the Secretary, the head of 
any Federal agency is authorized to detail, on a nonreimbursable basis, 
any of the personnel of such agency to the Secretary to assist him in 
carrying out his duties under this section'' for ``Upon request of a 
review board, the head of any Federal agency is authorized to detail, on 
a nonreimbursable basis, any of the personnel of such agency to the 
review board to assist it in carry out its duties under this section''. 
Former par. (7) redesignated (5) and amended.
    Subsec. (g)(8). Pub. L. 97-304, Sec. 4(a)(5)(J), redesignated par. 
(12) as (8) and substituted ``records resulting from activities pursuant 
to this subsection'' for ``records of review boards''. Former par. (8) 
redesignated (6).
    Subsec. (g)(9). Pub. L. 97-304, Sec. 4(a)(5)(D), struck out par. (9) 
which had provided that the review board, in carrying out its duties, 
could (A) sit and act at such times and places, take such testimony, and 
receive such evidence, as the review board deemed advisable, (B) subject 
to the Privacy Act of 1974 [5 U.S.C. 552a], request of any Federal 
agency or applicant information necessary to enable it to carry out such 
duties, and upon such request the head of such Federal agency would 
furnish such information to the review board, and (C) use the United 
States mails in the same manner and upon the same conditions as a 
Federal agency.
    Subsec. (g)(10). Pub. L. 97-304, Sec. 4(a)(5)(I), redesignated par. 
(10) as (7).
    Subsec. (g)(11). Pub. L. 97-304, Sec. 4(a)(5)(D), struck out par. 
(11) which had provided that the Administrator of the General Services 
Administration provide to a review board, on a reimbursable basis, such 
administrative support services as the review board requested.
    Subsec. (g)(12). Pub. L. 97-304, Sec. 4(a)(5)(J), redesignated par. 
(12) as (8).
    Subsec. (h)(1). Pub. L. 97-304, Sec. 4(a)(6), substituted ``within 
30 days after receiving the report of the Secretary pursuant to 
subsection (g)(5) of this section'' for ``within 90 days of receiving 
the report of the review board under subsection (g)(7) of this section'' 
in provisions preceding subpar. (A), substituted ``report of the 
Secretary, the record of the hearing held under subsection (g)(4) of 
this section and on such other testimony'' for ``report of the review 
board and on such other testimony'' in subpar. (A) preceding cl. (i), 
and added cl. (iv).
    Subsec. (o). Pub. L. 97-304, Sec. 4(a)(7), substituted 
``Notwithstanding sections 1533(d) and 1538(a)(1)(B) and (C) of this 
title or any regulation promulgated to implement either such section (1) 
any action for which an exemption is granted under subsection (h) of 
this section shall not be considered to be a taking of any endangered 
species or threatened species with respect to any activity which is 
necessary to carry out such action; and (2) any taking that is in 
compliance with the terms and conditions specified in a written 
statement provided under subsection (b)(4)(iii) of this section shall 
not be considered to be a taking of the species concerned'' for 
``Notwithstanding sections 1533(d) and 1538(a) of this title or any 
regulations promulgated pursuant to such sections, any action for which 
an exemption is granted under subsection (h) of this section shall not 
be considered a taking of any endangered or threatened species with 
respect to any activity which is necessary to carry out such action''.
    Subsec. (q). Pub. L. 97-304, Sec. 8(b), struck out subsec. (q) which 
authorized appropriations of $600,000 for each of fiscal years 1979, 
1980, 1981, and 1982 in carrying out functions under subsecs. (e), (f), 
(g), and (h) of this section. See section 1542(c) of this title.
    1979--Subsec. (a). Pub. L. 96-159, Sec. 4(1), designated existing 
provisions as par. (1); struck out third sentence requirement that each 
Federal agency, in consultation with and with the assistance of the 
Secretary, insure that any action authorized, funded, or carried out by 
such agency (referred to as ``agency action'') did not jeopardize the 
continued existence of any endangered species or threatened species or 
result in the destruction or adverse modification of habitat of such 
species which was determined by the Secretary, after consultation as 
appropriate with the affected States, to be critical, unless the agency 
was granted an exemption for such action by the Committee pursuant to 
subsec. (h) of this section; and added pars. (2) and (3), incorporating 
former third sentence provisions.
    Subsec. (b). Pub. L. 96-159, Sec. 4(2), (3), substituted ``he 
believes would not violate subsection (a)(2) of this section and'' for 
``he believes would avoid jeopardizing the continued existence of any 
endangered or threatened species or adversely modifying the critical 
habitat of such species, and which'' before ``can be taken'' and 
introductory ``subsection (a)(2) of this section'' for ``subsection (a) 
of this section''.
    Subsec. (c). Pub. L. 96-159, Sec. 4(3), (4), substituted 
``subsection (a)(2)'' for ``subsec. (a)'' of this section, designated 
existing provisions as so amended par. (1), and added par. (2).
    Subsec. (d). Pub. L. 96-159, Sec. 4(3), (5), substituted 
introductory words ``subsection (a)(2)'' for ``subsection (a)'' of this 
section and ``alternative measures which would not violate subsection 
(a)(2) of this section'' for ``alternative measures which would avoid 
jeopardizing the continued existence of any endangered or threatened 
species or adversely modifying or destroying the critical habitat of any 
such species''.
    Subsecs. (e)(2), (f). Pub. L. 96-159, Sec. 4(3), substituted 
``subsection (a)(2)'' for ``subsection (a)''.
    Subsec. (g)(1). Pub. L. 96-159, Sec. 4(3), (6), substituted in first 
sentence ``subsection (a)(2)'' for ``subsection (a)'' of this section 
and ``agency action would violate subsection (a)(2) of this section'' 
for ``agency action may jeopardize the continued existence of any 
endangered or threatened species or destroy or adversely modify the 
critical habitat of such species''.
    Subsec. (g)(2)(A). Pub. L. 96-159, Sec. 4(7), required exemption 
applicant, to submit a written application, in the case of any agency 
action involving a permit or license applicant, not later than 90 days 
after the date on which the Federal agency concerned takes final agency 
action, for purposes of chapter 7 of Title 5, with respect to the 
issuance of the permit or license.
    Subsec. (g)(3). Pub. L. 96-159, Sec. 4(8), added subpar. (B), and 
redesignated former subpar. (B) as (C).
    Subsec. (g)(5). Pub. L. 96-159, Sec. 4(3), (9), substituted in 
introductory text and cl. (i) ``subsection (a)(2)'' for ``subsection 
(a)'' of this section; redesignated as cls. (A) and (B) former cls. (i) 
and (ii); inserted in cl. (B) ``the Federal agency concerned and'' 
before ``such exemption applicant''; redesignated as subcls. (i) to 
(iii) former subcls. (A) to (C); substituted in subcl. (i) ``agency 
action which would not violate subsection (a)(2) of this section'' for 
``agency action which will avoid jeopardizing the continued existence of 
an endangered or threatened species or result in the adverse 
modification or destruction of a critical habitat''; and substituted in 
last sentence ``the Federal agency concerned or the exemption applicant 
has not met its respective requirements under subclause (i), (ii), or 
(iii)'' for ``the exemption applicant has not met the requirements of 
subparagraph (A), (B), or (C)'' preceding ``shall be considered final 
agency action''.
    Subsec. (g)(6). Pub. L. 96-159, Sec. 4(10), substituted ``subclauses 
(i), (ii), and (iii)'' for ``subparagraphs (A), (B), and (C)'' of 
paragraph (5).
    Subsec. (h)(1). Pub. L. 96-159, Sec. 4(3), substituted ``subsection 
(a)(2)'' for ``subsection (a)'' of this section.
    Subsec. (h)(2). Pub. L. 96-159, Sec. 4(11), in subpar. (A), 
substituted ``paragraph (1)'' for ``subsection (h) of this section'', 
inserted cl. (i), incorporated existing provisions in text designated 
cl. (ii), inserting thereto ``with respect to such agency action''; in 
subpar. (B), incorporated existing provision in cl. (i), inserted 
findings provision respecting the extinction of a species that was not: 
the subject of consultation or identified in any biological assessment 
under subsec. (a)(2) or (c) of this section, added cl. (ii), deleted 
prior requirement for a Committee determination within 30 days of the 
Secretary's finding that an exemption would result in extinction of the 
species whether to grant an exemption for the agency notwithstanding 
such finding, and superseded the same with requirement that the 
Committee meet with respect to the matter within 30 days after the date 
of such a finding.
    Subsec. (m). Pub. L. 96-159, Sec. 4(3), substituted ``subsection 
(a)(2)'' for ``subsection (a)'' of this section.
    Subsec. (q). Pub. L. 96-159, Sec. 4(12), authorized appropriations 
of $600,000 for fiscal years 1980 through 1982, and deleted 
appropriations authorization of $300,000 for period beginning Oct. 1, 
1979, and ending Mar. 3, 1980, and requirement that the Chairman of the 
Committee report to the Congress before end of fiscal year 1979 with 
respect to adequacy of the budget authority.
    1978--Subsec. (a). Pub. L. 95-632 designated existing provision as 
subsec. (a), inserted reference to agency action, substituted ``adverse 
modification'' for ``modification'', and provided for the grant of an 
exemption for agency action by the Endangered Species Committee pursuant 
to subsec. (h) of this section.
    Subsecs. (b) to (q). Pub. L. 95-632 added subsecs. (b) to (q).


                        Deferral of Agency Action

    Pub. L. 105-18, title II, Sec. 3003, June 12, 1997, 111 Stat. 176, 
provided that:
    ``(a) Consultation and Conferencing.--As provided by regulations 
issued under the Endangered Species Act (16 U.S.C. 1531 et seq.) for 
emergency situations, formal consultation or conferencing under section 
7(a)(2) or section 7(a)(4) of the Act [16 U.S.C. 1536(a)(2), (4)] for 
any action authorized, funded or carried out by any Federal agency to 
repair a Federal or non-Federal flood control project, facility or 
structure may be deferred by the Federal agency authorizing, funding or 
carrying out the action, if the agency determines that the repair is 
needed to respond to an emergency causing an imminent threat to human 
lives and property in 1996 or 1997. Formal consultation or conferencing 
shall be deferred until the imminent threat to human lives and property 
has been abated. For purposes of this section, the term repair shall 
include preventive and remedial measures to restore the project, 
facility or structure to remove an imminent threat to human lives and 
property.
    ``(b) Reasonable and Prudent Measures.--Any reasonable and prudent 
measures specified under section 7 of the Endangered Species Act (16 
U.S.C. 1536) to minimize the impact of an action taken under this 
section shall be related both in nature and extent to the effect of the 
action taken to repair the flood control project, facility or 
structure.''


                 Translocation of California Sea Otters

    Pub. L. 99-625, Sec. 1, Nov. 7, 1986, 100 Stat. 3500, provided that:
    ``(a) Definitions.--For purposes of this section--
        ``(1) The term `Act' means the Endangered Species Act of 1973 
    (16 U.S.C. 1531 et seq.).
        ``(2) The term `agency action' has the meaning given that term 
    in section 7(a)(2) of the Act [16 U.S.C. 1536(a)(2)].
        ``(3) The term `experimental population' means the population of 
    sea otters provided for under a plan developed under subsection (b).
        ``(4) The phrase `parent population' means the population of sea 
    otters existing in California on the date on which proposed 
    regulations setting forth a proposed plan under subsection (b) are 
    issued.
        ``(5) The phrase `prospective action' refers to any prospective 
    agency action that--
            ``(A) may affect either the experimental population or the 
        parent population; and
            ``(B) has evolved to the point where meaningful consultation 
        under section 7(a)(2) or (3) of the Act [16 U.S.C. 1536(a)(2), 
        (3)] can take place.
        ``(6) The term `Secretary' means the Secretary of the Interior.
        ``(7) The term `Service' means the United States Fish and 
    Wildlife Service.
    ``(b) Plan Specifications.--The Secretary may develop and implement, 
in accordance with this section, a plan for the relocation and 
management of a population of California sea otters from the existing 
range of the parent population to another location. The plan, which must 
be developed by regulation and administered by the Service in 
cooperation with the appropriate State agency, shall include the 
following:
        ``(1) The number, age, and sex of sea otters proposed to be 
    relocated.
        ``(2) The manner in which the sea otters will be captured, 
    translocated, released, monitored, and protected.
        ``(3) The specification of a zone (hereinafter referred to as 
    the `translocation zone') to which the experimental population will 
    be relocated. The zone must have appropriate characteristics for 
    furthering the conservation of the species.
        ``(4) The specification of a zone (hereinafter referred to as 
    the `management zone') that--
            ``(A) surrounds the translocation zone; and
            ``(B) does not include the existing range of the parent 
        population or adjacent range where expansion is necessary for 
        the recovery of the species.
    The purpose of the management zone is to (i) facilitate the 
    management of sea otters and the containment of the experimental 
    population within the translocation zone, and (ii) to prevent, to 
    the maximum extent feasible, conflict with other fishery resources 
    within the management zone by the experimental population. Any sea 
    otter found within the management zone shall be treated as a member 
    of the experimental population. The Service shall use all feasible 
    non-lethal means and measures to capture any sea otter found within 
    the management zone and return it to either the translocation zone 
    or to the range of the parent population.
        ``(5) Measures, including an adequate funding mechanism, to 
    isolate and contain the experimental population.
        ``(6) A description of the relationship of the implementation of 
    the plan to the status of the species under the Act and to 
    determinations of the Secretary under section 7 of the Act [16 
    U.S.C. 1536].
    ``(c) Status of Members of the Experimental Population.--(1) Any 
member of the experimental population shall be treated while within the 
translocation zone as a threatened species for purposes of the Act, 
except that--
        ``(A) section 7 of the Act [16 U.S.C. 1536] shall only apply to 
    agency actions that--
            ``(i) are undertaken within the translocation zone,
            ``(ii) are not defense-related agency actions, and
            ``(iii) are initiated after the date of the enactment of 
        this section [Nov. 7, 1986]; and
        ``(B) with respect to defense-related actions within the 
    translocation zone, members of the experimental population shall be 
    treated as members of a species that is proposed to be listed under 
    section 4 of the Act [16 U.S.C. 1533].
For purposes of this paragraph, the term `defense-related agency action' 
means an agency action proposed to be carried out directly by a military 
department.
    ``(2) For purposes of section 7 of the Act [16 U.S.C. 1536], any 
member of the experimental population shall be treated while within the 
management zone as a member of a species that is proposed to be listed 
under section 4 of the Act [16 U.S.C. 1533]. Section 9 of the Act [16 
U.S.C. 1538] applies to members of the experimental population; except 
that any incidental taking of such a member during the course of an 
otherwise lawful activity within the management zone, may not be treated 
as a violation of the Act or the Marine Mammal Protection Act of 1972 
[16 U.S.C. 1361 et seq.].
    ``(d) Implementation of Plan.--The Secretary shall implement the 
plan developed under subsection (b)--
        ``(1) after the Secretary provides an opinion under section 7(b) 
    of the Act [16 U.S.C. 1536(b)] regarding each prospective action for 
    which consultation was initiated by a Federal agency or requested by 
    a prospective permit or license applicant before April 1, 1986; or
        ``(2) if no consultation under section 7(a)(2) or (3) regarding 
    any prospective action is initiated or requested by April 1, 1986, 
    at any time after that date.
    ``(e) Consultation and Effect of Opinion.--A Federal agency shall 
promptly consult with the Secretary, under section 7(a)(3) of the Act 
[16 U.S.C. 1536(a)(3)], at the request of, and in cooperation with, any 
permit or license applicant regarding any prospective action. The time 
limitations applicable to consultations under section 7(a)(2) of the Act 
apply to consultations under the preceding sentence. In applying section 
7(b)(3)(B) with respect to an opinion on a prospective action that is 
provided after consultation under section 7(a)(3), that opinion shall be 
treated as the opinion issued after consultation under section 7(a)(2) 
unless the Secretary finds, after notice and opportunity for comment in 
accordance with section 553 of title 5, United States Code, that a 
significant change has been made with respect to the action or that a 
significant change has occurred regarding the information used during 
the initial consultation. The interested party may petition the 
Secretary to make a finding under the preceding sentence. The Secretary 
may implement any reasonable and prudent alternatives specified in any 
opinion referred to in this subsection through appropriate agreements 
with any such Federal agency, prospective permit or license applicant, 
or other interested party.
    ``(f) Construction.--For purposes of implementing the plan, no act 
by the Service, an authorized State agency, or an authorized agent of 
the Service or such an agency with respect to a sea otter that is 
necessary to effect the relocation or management of any sea otter under 
the plan may be treated as a violation of any provision of the Act or 
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).''

                  Section Referred to in Other Sections

    This section is referred to in sections 1532, 1539, 1542, 3645 of 
this title; title 23 section 108.
