An act to authorize appropriations to carry out the Endangered Species Act of 1973 during fiscal years 1980, 1981, and 1982, and for other purposes.
PL 96-159 (S.1143), enacted 12/28/1979

PUBLIC LAW 96-159—DEC. 28, 1979 
93 STAT. 1225 
Public Law 96-159 
96th Congress 
An Act 
To authorisse appropriations to carry out the Endangered Species Act of 1973 during 
fiscal years 1980,1981, and 1982, and for other purposes. 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled. That section 2(a)(5) 
of the Endangered Species Act of 1973 (16 U.S.C. 1531(a)(5)) is 
amended by striking out "fish and wildlife." and inserting in lieu 
thereof "fish, wildlife, and plants.". 
SEC. 2. Section 3(11) of the Endangered Species Act of 1973 (16 
U.S.C. 1532(11)) is amended by striking out "(A)" and all that follows 
thereafter and inserting in lieu thereof "violate section 7(aX2).". 
SEC. 3. Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 
1533) is amended— 
(1) by amending subsection (bXD by striking out "him" and 
inserting in lieu thereof the following: "him after conducting a 
review of 
the status of the species"; 
(2) by amending subsection (fK2XBXi) to read as follows: 
"(i) not less than 60 days before the effective date of the 
regulation, shall publish— 
"(I) a general notice and the complete text of the proposed 
regulation in the Federal Register, and 
"(II) if the proposed regulation specifies any critical habi-
tat, general notice of the regulation (including a summary of 
the text, and a map of the proposed critical habitat) in a 
newspaper of general circulation within or adjacent to such 
habitat;"; 
(3) by amending subsection (fX2)(BXiv)(II) by striking out "if 
requested," and inserting in lieu thereof "if requested within 15 
days after the date on which the public meeting is conducted,"; 
(4) by amending that part of subsection (fK2XC) which precedes 
clause (i) by inserting ", subsection (b)(4) of this section," immedi-
ately after "Neither subparagraph (A) or (B) of this paragraph"; 
(5) by amending subsection (fX2XCXii)— 
(A) by striking out "fish or wildlife," and inserting in lieu 
thereof "fish or wildlife or plants,", 
(B) by striking out "fish and wildlife," and inserting in lieu 
thereof "fish, wildlife, and plants,", 
(C) by striking out "120-day period" each place it appears 
therein and inserting in lieu thereof "240-day period , and 
(D) bv adding at the end thereof the following new sen-
tence: * If at any time after issuing an emergency regulation 
the Secretary determines, on the basis of the best scientific 
and commercial data available to him, that substantial 
evidence does not exist to warrant such regulation, he shall 
withdraw it."; and 
(6) by adding at the end thereof the following new subsection: 
"(h) AGENCY GUIDEUNES.—The Secretary shall establish, and pub-
lish in the Federal Register, agency guidelines to insure that the 
Dec. 28,1979 
[S. 1143] 
Endangered 
Species Act of 
1973, 
appropriation 
authorization. 
Publication in 
Federal 
Register. 
Publication in 
Federal 
Register. 
93 STAT. 1226 
PUBLIC LAW 96-159—DEC. 28, 1979 
purposes of this section are achieved efficiently and effectively. Such 
guidelines shall include, but are not limited to— 
"(1) procedures for recording the receipt and the disposition of 
petitions submitted under subsection (cX2) of this section; 
"(2) criteria for making the findings required under such 
subsection with respect to petitions; 
"(3) a ranking system to assist in the identification of species 
that should receive priority review for listing; and 
"(4) a system for developing and implementing, on a priority 
bgisis, recovery plans under subsection ^) of this section. 
Comments. 
The Secretary shall provide to the public notice of, and opportunity to 
submit written comments on, any guideline (including any amend-
ment thereto) proposed to be established under this subsection.". 
SEC. 4. Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 
1536) is amended— 
(1) by amending subsection (a)— 
(A) by striking out "(a) CONSULTATION.—" and inserting in 
lieu thereof "(a) FEDERAL AGENCY ACTIONS AND CONSULTA-
TIONS.—(1)"; 
(B) by striking out the third sentence thereof; and 
(C) by adding at the end thereof the following: 
"(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 require-
ments of this paragraph each agency shall use the best scientific and 
commercial data available. 
"(3) Each Federal agency shall confer with the Secretary on any 
agency action which is likely to jeopardize the continued existence of 
16 use 1533. 
any species proposed to be listed under section 4 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 subsec-
tion (d)."; 
(2) by amending the last sentence of subsection (b) to read as 
follows: "The Secretary shall suggest those resisonable and pru-
dent alternatives which he believes would not violate subsection 
(aX2) and can be taken by the Federal agency or the permit or 
license applicant in implementing the agency action."; 
(3) by amending each of subsections (b), (c), (d), (eX2), (f), (gXD 
and (5), (hXD, and (m) by striking out "subsection (a)" wherever it 
appears therein and inserting in lieu thereof "subsection (aX2)"; 
(4) by further amending subsection (c)— 
(A) by inserting "(1)" immediately after "BIOLOGICAL 
ASSESSMENT.—", and 
(B) by adding at the end thereof the following new 
paragraph: 
"(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 
PUBLIC LAW 96-159-DEC. 28, 1979 
93 STAT. 1227 
Secretary and under the supervision of the appropriate Federal 
agency."; 
(5) by striking out "avoid jeopardizing" and all that follows 
thereafter in subsection (d) and inserting in lieu thereof "not 
violate subsection (aX2)."; 
(6) by further amending subsection (gXD by striking out "may 
jeopardize" and all that follows thereafter in the first sentence 
thereof and inserting in lieu thereof "would violate subsection 
(aX2)."; 
(7) by amending subsection (gX2XA) by striking out "process." 
and inserting in lieu thereof "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, United States Code, with respect to the issuance of the 5 use 70i et seq. 
permit or license."; 
(8) by amending subsection (gX3) by redesignating subpara-
graph (B) as subparagraph (C), and by inserting immediately 
after subparagraph (A) the following new subparagraph: 
"(B) If biological opinions of both the Secretary of the Interior and 
the Secretary of Commerce indicate that an agency action would 
violate subsection (aX2), such Secretaries shall jointly convene a 
review board to consider any application for exemption filed with 
respect to such agency action. ; 
(9) by further amending subsection (gX5)— 
(A) by redesignating clauses (1) and (2) as clauses (A) and 
(B), respectively, 
(B) by inserting "the Federal agency concerned and" 
immediately before "such exemption applicant" in clause (B) 
(as so redesignated), 
(C) by redesignating subclauses (A), (B), and (C) as sub-
clauses (i), (ii), and (iii), respectively, 
(D) by striking out "will avoid jeopardizing" and all that 
follows thereafter in subclause (i) (as so redesignated) and 
inserting in lieu thereof "would not violate subsection 
(aX2);",and 
(E) by striking out "exemption applicant" and all that 
follows thereafter in the last sentence and inserting in lieu 
thereof "Federal agency concerned or the exemption appli-
cant has not met its respective requirements under sub-
clause (i), (ii), or (iii) shall be considered final agency action 
for purposes of chapter 7 of title 5 of the United States 
Code."; 
(10) by amending subsection (gX6) by striking out "subpara-
graphs (A), (B), and (C)" and inserting in lieu thereof "subclauses 
(i),(ii),and(iii)"; 
(11) by amending subsection (hX2) to read as follows: 
"(2XA) 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 biologi-
cal assessment; and 
"(ii) only if a biological assessment h£is been conducted under 
subsection (c) with respect to such agency action. 
"(B) An exemption shall be permanent under subparagraph (A) 
unless— 
93 STAT. 1228 
PUBLIC LAW 96-159—DEC. 28, 1979 
16 use 1537a. 
Membership. 
"(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 consulta-
tion under subsection (a)(2) or was not identified in any biological 
assessment conducted under subsection (c), 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 Commit-
tee shall meet with respect to the matter within 30 days after the date 
of the finding."; and 
(12) by amending the first sentence of subsection (q) to read as 
follows: "There are authorized to be appropriated to the Secre-
tary to assist review boards and the Committee in carrying out 
their functions under subsections (e), (f), (g), and (h) of this section 
not to exceed $600,000 for each of fiscal years 1979, 1980, 1981, 
and 1982.". 
SEC. 5. Section 8 of the Endangered Species Act of 1973 (16 U.S.C. 
1537) is amended— 
(1) by inserting "and plants" immediately after "fish or wild-
life" in subsection (bXD; 
(2) by inserting "or plants" immediately after "fish or wildlife" 
each place it appears in subsection (bX3); 
(3) by inserting "or plants" immediately after "fish or wildlife" 
in subsection (cXD; and 
(4) by striking out subsection (e). 
SEC. 6. (a) The Endangered Species Act of 1973 (16 U.S.C. 1531 et 
seq.) is further amended— 
(1) by adding immediately after section 8 the following new 
section: 
"CONVENTION IMPLEMENTATION 
"SEC. 8A. (a) MANAGEMENT AUTHORITY AND SCIENTIFIC AUTHOR-
ITY.—The Secretary of the Interior (hereinafter in this section 
referred to as the 'Secretary') is designated as the Management 
Authority and the Scientific Authority for purposes of the Conven-
tion and the respective functions of each such Authority shall be 
carried out through the United States Fish and Wildlife Service. 
"Ot)) MANAGEMENT AUTHORITY FUNCTIONS.—The Secretary shall do 
all things necessary and appropriate to carry out the functions of the 
Management Authority under the Convention. 
"(c) SCIENTIFIC AUTHORITY FUNCTIONS.—The Secretary shall do all 
things necessary and appropriate to carry out the functions of the 
Scientific Authority under the Convention. 
"(d) 
INTERNATIONAL CONVENTION ADVISORY COMMISSION.—(1) 
There is hereby established the International Convention Advisory 
Commission (hereinafter in this section referred to as the 
'Commission'). 
"(2) The Commission shall be composed of the following members: 
"(A) One member appointed by each of the following Federcd 
officers from his respective agency: 
"(i) The Secretary. 
"(ii) The Secretary of Agriculture, 
"(iii) The Secretary of Commerce. 
"(iv) The Director of the National Science Foundation. 
"(v) The Chairman of the Council on Environmental 
Quality. 
PUBLIC LAW 96-159—DEC. 28, 1979 
93 STAT. 1229 
"(B) One member appointed by the Secretary from among 
officers and employees of the State agencies having fish and 
wildlife conservation and management responsibilities, 
"(C) The Secretary of the Smithsonian Institution is invited to 
appoint a member. 
"(3)(A) Individuals who are appointed as members of the Commis-
sion under paragraph (2) must be scientifically qualified. 
"(B) The term of office of a member of the Commission appointed Term of office. 
under paragraph (2XB) is two years and an individual may be 
appointed under such paragraph for any number of terms; except 
that an individual may not be appointed under that paragraph for a 
term that would be a third consecutive term for that individual under 
that paragraph. 
"(C) While away from his home or regular place of business in the Travel expenses. 
performance of services for the Commission, a member appointed 
under paragraph (2) (B) or (C) shall be allowed travel expenses, 
including per diem in lieu of subsistence, in the same manner as the 
expenses authorized by section 5703(b) of title 5, United States Code, 
for persons in the Government service employed intermittently. 
"(D) Members of the Commission who are full-time officers or 
employees of the United States shall receive no additional compensa-
tion on account of their service on the Commission. 
"(4XA) The Commission shall elect a chairman from among its 
members. The term of office of the chairman is one year. 
"(B) No recommendation referred to in paragraph (5) shall be 
deemed to be a recommendation of the Commission unless a majority 
of the members of the Commission vote for that recommendation. 
"(5) The Commission shall make recommendations to the Secretary 
or his designee on all matters pertaining to the responsibilities of the 
Scientific Authority under the terms of the Convention. The Commis-
sion shall include with any such recommendation any written dis-
senting view made by any member. 
"(6) In the discharge of its responsibilities, the Commission shall, to 
the extent practicable, ascertain the views of, and utilize the exper-
tise of, the governmental and nongovernmental scientific communi-
ties, State agencies responsible for the conservation of wild fauna or 
flora, humane groups, zoological and botanical institutions, recre-
ational and commercial interests, the conservation community and 
others as appropriate. 
"(7) In any case in which the Scientific Authority decides not to 
accept a recommendation made by the Commission under paragraph 
(5), the Scientific Authority shall provide to the Commission a written 
explanation of the reasons for that decision and shall publish the 
explanation in the Federal Register. 
"(8XA) The Chairman of the Commission, with the concurrence of 
the Commission, shall appoint an Executive Secretary for the Com-
mission. The Executive Secretary shall carry out such duties and 
functions as shall be prescribed by the Commission, shall be 
appointed subject to the provisions of title 5, United States Code, 
governing appointments in the competitive service, and shall be paid 
in accordance with the provisions of chapter 51 and subchapter III of 
chapter 53 of such title relating to classification and General Sched- 5 USC 5101 et 
ule pay rates. 
seq., 5331. 
"(B) The Secretary shall provide the necessary staff and adminis-
trative support for the Commission. 
"(e) WiLDUFE PRESERVATION IN WESTERN HEMISPHERE.—The Presi-
dent shall designate those agencies of the Federal Government that 
shall act on behalf of, and represent, the United States in all regards 
Chairman. 
Recommendations 
to Secretary. 
Experts and 
consultants. 
Explanation, 
publication in 
Federal 
Register. 
Executive 
Secretary. 
93 STAT. 1230 
PUBLIC LAW 96-159—DEC. 28, 1979 
as required by the Convention on Nature Protection and Wildlife 
Preservation in the Western Hemisphere."; and 
(2) by amending the table of contents by inserting immediately 
after the section title for section 8 the following: 
"Sec. 8A. Convention implementation.". 
1
6 use 1537a 
(b) Until such time as the Chairman, Members, and Executive 
^°^- 
Secretary of the International Convention Advisory Commission are 
appointed, but not later than 90 days after the date of the enactment 
of this Act, the functions of the Commission shall be carried out by 
the Endangered Species Scientific Authority as established by Execu-
1
6 use 1
5
3
7 
tive Order Numbered 11911, with staff and administrative support 
^°^- 
being provided by the Secretary of the Interior as set forth in that 
Executive order. 
SEC. 7. Section 10(f) of the Endangered Species Act of 1973 (16 
U.S.C. 1539(f)) is amended— 
(1) in paragraph (4), by inserting "unless such exemption is 
renewed under paragraph (8)" after "certificate" in subpara-
graph (C); and 
(2) by adding at the end thereof the following new parsigraphs: 
"(8XA) Any person to whom a certificate of exemption has been 
issued under paragraph (4) of this subsection may apply to the 
Secretary for a renewal of such exemption for a period not to exceed 
three years beginning on the expiration date of such certificate. Such 
application shall be made in the same manner as the application for 
exemption was made under paragraph (3), but without regard to 
subparagraph (A) of 
such paragraph. 
"(B) If the Secretary approves any application for renewal of an 
exemption under this paragraph, he shall issue to the applicant a 
certificate of renewal of such exemption which shall provide that all 
terms, conditions, prohibitions, and other regulations made applica-
ble by the original certificate shall remain in effect during the period 
of the renewed. 
"(C) No exemption or renewal of such exemption made under this 
subsection shall have force and effect after the expiration date of 
the certificate of renewal of such exemption issued under this 
paragraph.". 
SEC. 8. Section 15 of the Endangered Species Act of 1973 (16 U.S.C. 
1542) is amended to read as follows: 
"AUTHORIZATION OF APPROPRIATIONS 
1
6 use 1535, 
"SEC. 15. Except as authorized in sections 6 and 7 of this Act, there 
i^36- 
are authorized to be appropriated— 
"(1) not to exceed $23,000,000 for each of fiscal years 1979 and 
1980, not to exceed $25,000,000 for fiscal year 1981, and not to 
exceed $27,000,000 for fiscal year 1982 to enable the Department 
of the Interior to carry out such functions and responsibilities as 
it may have been given under this Act; 
"(2) not to exceed $2,500,000 for each of fiscal years 1979 and 
1980, not to exceed $3,000,000 for fiscal year 1981, and not to 
exceed $3,500,000 for fiscal year 1982 to enable the Department 
of Commerce to carry out such functions and responsibilities as it 
may have been given under this Act; and 
PUBLIC LAW 96-159—DEC. 28, 1979 
93 STAT. 1231 
"(3) not to exceed $1,500,000 for 
fiscal 
year 1980, not to exceed 
$1,750,000 for fiscal year 1981, and not to exceed $1,850,000 for 
fiscal year 1982 to enable the Department of 
Agriculture to carry 
out its functions and responsibilities with respect to the enforce-
ment of this Act and the Convention which pertain to the 
importation or exportation of 
terrestrial plants.". 
Approved December 28, 1979. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 96-167 accompanying H.R. 2218 (Comm. on Merchant Marine 
and Fisheries) and No. 96-697 (Comi'n. of Conference). 
SENATE REPORT No. 96-151 (Comm. on Environment and Public Works). 
CONGRESSIONAL RECORD, Vol. 125 (1979): 
June 13, considered and passed Senate. 
Oct. 24, H.R. 2218 considered and passed House; passage vacated and S. 1143, 
amended, passed in lieu. 
Dec. 19, House and Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 15, No. 52: 
Dec. 28, Presidential statement.