16 U.S.C. § 1535 : US Code - Section 1535: Cooperation with States

Search 16 U.S.C. § 1535 : US Code - Section 1535: Cooperation with States

(a) Generally
In carrying out the program authorized by this chapter, the
Secretary shall cooperate to the maximum extent practicable with
the States. Such cooperation shall include consultation with the
States concerned before acquiring any land or water, or interest
therein, for the purpose of conserving any endangered species or
threatened species.
(b) Management agreements
The Secretary may enter into agreements with any State for the
administration and management of any area established for the
conservation of endangered species or threatened species. Any
revenues derived from the administration of such areas under these
agreements shall be subject to the provisions of section 715s of
this title.
(c) Cooperative agreements
(1) In furtherance of the purposes of this chapter, the Secretary
is authorized to enter into a cooperative agreement in accordance
with this section with any State which establishes and maintains an
adequate and active program for the conservation of endangered
species and threatened species. Within one hundred and twenty days
after the Secretary receives a certified copy of such a proposed
State program, he shall make a determination whether such program
is in accordance with this chapter. Unless he determines, pursuant
to this paragraph, that the State program is not in accordance with
this chapter, he shall enter into a cooperative agreement with the
State for the purpose of assisting in implementation of the State
program. In order for a State program to be deemed an adequate and
active program for the conservation of endangered species and
threatened species, the Secretary must find, and annually
thereafter reconfirm such finding, that under the State program -
(A) authority resides in the State agency to conserve resident
species of fish or wildlife determined by the State agency or the
Secretary to be endangered or threatened;
(B) the State agency has established acceptable conservation
programs, consistent with the purposes and policies of this
chapter, for all resident species of fish or wildlife in the
State which are deemed by the Secretary to be endangered or
threatened, and has furnished a copy of such plan and program
together with all pertinent details, information, and data
requested to the Secretary;
(C) the State agency is authorized to conduct investigations to
determine the status and requirements for survival of resident
species of fish and wildlife;
(D) the State agency is authorized to establish programs,
including the acquisition of land or aquatic habitat or interests
therein, for the conservation of resident endangered or
threatened species of fish or wildlife; and
(E) provision is made for public participation in designating
resident species of fish or wildlife as endangered or threatened;
or
that under the State program -
(i) the requirements set forth in subparagraphs (C), (D), and
(E) of this paragraph are complied with, and
(ii) plans are included under which immediate attention will be
given to those resident species of fish and wildlife which are
determined by the Secretary or the State agency to be endangered
or threatened and which the Secretary and the State agency agree
are most urgently in need of conservation programs; except that a
cooperative agreement entered into with a State whose program is
deemed adequate and active pursuant to clause (i) and this clause
shall not affect the applicability of prohibitions set forth in
or authorized pursuant to section 1533(d) of this title or
section 1538(a)(1) of this title with respect to the taking of
any resident endangered or threatened species.
(2) In furtherance of the purposes of this chapter the Secretary
is authorized to enter into a cooperative agreement in accordance
with this section with any State which establishes and maintains an
adequate and active program for the conservation of endangered
species and threatened species of plants. Within one hundred and
twenty days after the Secretary receives a certified copy of such a
proposed State program, he shall make a determination whether such
program is in accordance with this chapter. Unless he determines,
pursuant to this paragraph, that the State program is not in
accordance with this chapter, he shall enter into a cooperative
agreement with the State for the purpose of assisting in
implementation of the State program. In order for a State program
to be deemed an adequate and active program for the conservation of
endangered species of plants and threatened species of plants, the
Secretary must find, and annually thereafter reconfirm such
finding, that under the State program -
(A) authority resides in the State agency to conserve resident
species of plants determined by the State agency or the Secretary
to be endangered or threatened;
(B) the State agency has established acceptable conservation
programs, consistent with the purposes and policies of this
chapter, for all resident species of plants in the State which
are deemed by the Secretary to be endangered or threatened, and
has furnished a copy of such plan and program together with all
pertinent details, information, and data requested to the
Secretary;
(C) the State agency is authorized to conduct investigations to
determine the status and requirements for survival of resident
species of plants; and
(D) provision is made for public participation in designating
resident species of plants as endangered or threatened; or
that under the State program -
(i) the requirements set forth in subparagraphs (C) and (D) of
this paragraph are complied with, and
(ii) plans are included under which immediate attention will be
given to those resident species of plants which are determined by
the Secretary or the State agency to be endangered or threatened
and which the Secretary and the State agency agree are most
urgently in need of conservation programs; except that a
cooperative agreement entered into with a State whose program is
deemed adequate and active pursuant to clause (i) and this clause
shall not affect the applicability of prohibitions set forth in
or authorized pursuant to section 1533(d) or section 1538(a)(1)
of this title with respect to the taking of any resident
endangered or threatened species.
(d) Allocation of funds
(1) The Secretary is authorized to provide financial assistance
to any State, through its respective State agency, which has
entered into a cooperative agreement pursuant to subsection (c) of
this section to assist in development of programs for the
conservation of endangered and threatened species or to assist in
monitoring the status of candidate species pursuant to subparagraph
(C) of section 1533(b)(3) of this title and recovered species
pursuant to section 1533(g) of this title. The Secretary shall
allocate each annual appropriation made in accordance with the
provisions of subsection (i) of this section to such States based
on consideration of -
(A) the international commitments of the United States to
protect endangered species or threatened species;
(B) the readiness of a State to proceed with a conservation
program consistent with the objectives and purposes of this
chapter;
(C) the number of endangered species and threatened species
within a State;
(D) the potential for restoring endangered species and
threatened species within a State;
(E) the relative urgency to initiate a program to restore and
protect an endangered species or threatened species in terms of
survival of the species;
(F) the importance of monitoring the status of candidate
species within a State to prevent a significant risk to the well
being of any such species; and
(G) the importance of monitoring the status of recovered
species within a State to assure that such species do not return
to the point at which the measures provided pursuant to this
chapter are again necessary.
So much of the annual appropriation made in accordance with
provisions of subsection (i) of this section allocated for
obligation to any State for any fiscal year as remains unobligated
at the close thereof is authorized to be made available to that
State until the close of the succeeding fiscal year. Any amount
allocated to any State which is unobligated at the end of the
period during which it is available for expenditure is authorized
to be made available for expenditure by the Secretary in conducting
programs under this section.
(2) Such cooperative agreements shall provide for (A) the actions
to be taken by the Secretary and the States; (B) the benefits that
are expected to be derived in connection with the conservation of
endangered or threatened species; (C) the estimated cost of these
actions; and (D) the share of such costs to be borne by the Federal
Government and by the States; except that -
(i) the Federal share of such program costs shall not exceed 75
percent of the estimated program cost stated in the agreement;
and
(ii) the Federal share may be increased to 90 percent whenever
two or more States having a common interest in one or more
endangered or threatened species, the conservation of which may
be enhanced by cooperation of such States, enter jointly into an
agreement with the Secretary.
The Secretary may, in his discretion, and under such rules and
regulations as he may prescribe, advance funds to the State for
financing the United States pro rata share agreed upon in the
cooperative agreement. For the purposes of this section, the non-
Federal share may, in the discretion of the Secretary, be in the
form of money or real property, the value of which will be
determined by the Secretary, whose decision shall be final.
(e) Review of State programs
Any action taken by the Secretary under this section shall be
subject to his periodic review at no greater than annual intervals.
(f) Conflicts between Federal and State laws
Any State law or regulation which applies with respect to the
importation or exportation of, or interstate or foreign commerce
in, endangered species or threatened species is void to the extent
that it may effectively (1) permit what is prohibited by this
chapter or by any regulation which implements this chapter, or (2)
prohibit what is authorized pursuant to an exemption or permit
provided for in this chapter or in any regulation which implements
this chapter. This chapter shall not otherwise be construed to void
any State law or regulation which is intended to conserve
migratory, resident, or introduced fish or wildlife, or to permit
or prohibit sale of such fish or wildlife. Any State law or
regulation respecting the taking of an endangered species or
threatened species may be more restrictive than the exemptions or
permits provided for in this chapter or in any regulation which
implements this chapter but not less restrictive than the
prohibitions so defined.
(g) Transition
(1) For purposes of this subsection, the term "establishment
period" means, with respect to any State, the period beginning on
December 28, 1973, and ending on whichever of the following dates
first occurs: (A) the date of the close of the 120-day period
following the adjournment of the first regular session of the
legislature of such State which commences after December 28, 1973,
or (B) the date of the close of the 15-month period following
December 28, 1973.
(2) The prohibitions set forth in or authorized pursuant to
sections 1533(d) and 1538(a)(1)(B) of this title shall not apply
with respect to the taking of any resident endangered species or
threatened species (other than species listed in Appendix I to the
Convention or otherwise specifically covered by any other treaty or
Federal law) within any State -
(A) which is then a party to a cooperative agreement with the
Secretary pursuant to subsection (c) of this section (except to
the extent that the taking of any such species is contrary to the
law of such State); or
(B) except for any time within the establishment period when -
(i) the Secretary applies such prohibition to such species at
the request of the State, or
(ii) the Secretary applies such prohibition after he finds,
and publishes his finding, that an emergency exists posing a
significant risk to the well-being of such species and that the
prohibition must be applied to protect such species. The
Secretary's finding and publication may be made without regard
to the public hearing or comment provisions of section 553 of
title 5 or any other provision of this chapter; but such
prohibition shall expire 90 days after the date of its
imposition unless the Secretary further extends such
prohibition by publishing notice and a statement of
justification of such extension.
(h) Regulations
The Secretary is authorized to promulgate such regulations as may
be appropriate to carry out the provisions of this section relating
to financial assistance to States.
(i) Appropriations
(1) To carry out the provisions of this section for fiscal years
after September 30, 1988, there shall be deposited into a special
fund known as the cooperative endangered species conservation fund,
to be administered by the Secretary, an amount equal to 5 percent
of the combined amounts covered each fiscal year into the Federal
aid to wildlife restoration fund under section 669b of this title,
and paid, transferred, or otherwise credited each fiscal year to
the Sport Fishing Restoration Account established under 1016 of the
Act of July 18, 1984.
(2) Amounts deposited into the special fund are authorized to be
appropriated annually and allocated in accordance with subsection
(d) of this section.