PUBLIC LAW 95-632—NOV. 10, 1978
92 STAT. 3763
(5) by striking out "endangered species or threatened species" in subparagraph (D) (as so redesignated) and inserting in lieu thereof "endangered or threatened species of fish or wildlife"; (6) by striking out "paragraphs (3), (4), and (5) of this subsection" in clause (i) (as so redesignated) and inserting in lieu thereof "subparagraphs (C), (D), and (E) of this paragraph"; (7) by striking out "subparagraph (A) and this subparagraph" in clause (ii) (as so redesignated) and inserting in lieu thereof "clause (i) and this clause"; and (8) by adding at the end thereof the following new paragraph: Cooperative "(2) In furtherance of the purposes of this Act, the Secretary is agreement. authorized to enter into a cooperative agreement in accordance with 16 USC 1535. 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 Determination. 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 Act. Unless he determines, pursuant to this paragraph, that the State program is not in accordance with this Act, he shall enter into a cooperative agreement with the State for the purpose of assisting in implementation of the State program. In order State program, for a State program to be deemed an adequate and active program for annual the conservation of endangered species of plants and threatened reconfirmations. 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 Act, 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 Investigations. to determine the status and requirements for survival of resident species of plants; and "(D) provision is made for public participation in designating Public participation. 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 4(d) or section 9(a)(1) with 16 USC 1533, 1538.
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