387 



dices to the Convention. To carry out such program, 

 he- 

 el) shall utilize the land acquisition and other 

 authority under the Pish and WildlUe Act of 1956. 

 as amended, the Fish and Wildlife Coordination 

 Act, as amended, and the Migratory Bird Con- 

 servation Act, as appropriate; and 



(2) Is authorized to acquire by purchase, dona- 

 tion, or otherwise, lands, waters, or Interest there- 

 in, and such authority shall be In addition to any 

 other land acquisition authority vested In him. 

 (b) Funds made available pursuant to the Land 

 and Water Conservation F^^nd Act of 1965, as 

 amended, may be used for the purt>ose of acquiring 

 lands, waters, or Interests therein under subsection 

 (a) of this section. (Pub, L. 93-205, § 5, Dec. 28, 1973, 

 87 Stat. 889.) 



§ 1535. Cooperation with the States. 



(a) Generally. 



In carrying out the program authorized by this 

 chapter, the Secretary shall cooperate to the maxi- 

 mum extent practicable with the States. Such co- 

 operation shall include consultation with the States 

 concerned before acquiring any land or water, or in- 

 terest therein, for the purpose of conserving any en- 

 dangered 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 en- 

 dangered species or threatened species. Any reve- 

 nues derived from the administration of such areas 

 under these agreements shall be subject to the pro- 

 visions of section 715s of this title. 



(c) Cooperative agreements. 



In furtherance of the purposes of this chapter, 

 the Secretary is authorized to enter into a coopera- 

 tive agreement in accordance \ylth this section with 

 any State which establishes and maintains an ade- 

 quate and active program for the conservation of 

 endangered species and threatened species. Within 

 one hundred and twenty days sifter 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 subsection, 

 that the State program is not In accordance with this 

 chapter, he shall enter into a cooperative agree- 

 ment 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 un- 

 der the State program — 



(1) authority resides in the States agency to 

 conserve resident species of fish or wildlife deter- 

 mined by the State agency or the Secretary to be 

 endangered or threatened; 



(2) the State agency has established accept- 

 able conservation programs, consistent with the 

 purposes and policies of this chapter, for all resi- 

 dent 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 de- 

 tails, information, and data requested to the 

 Secretary; 



(3) the State agency is authorized to conduct 

 Investigations to determine the status and require- 

 ments for survival of resident species of flsh and 

 wildlife; 



(4) the State agency is authorized to establish 

 programs, including the acquisition of land or 

 aquatic habitat or interests therein, for the con- 

 servation of resident endangered species or threat- 

 ened species; and 



(5) provision is made for public partlcliMition In 

 designating resident species of flsh or wUdlife as 

 endangered or threatened. 



(d) Allocation of funds. 



( 1 ) The Secretary is authorized to provide finan- 

 cial 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 con- 

 servation of endangered and threatened species. The 

 Secretary shall make an allocation of appropriated 

 funds 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 objec- 

 tives and purposes of this chapter; 



(C) the number of endangered species and 

 threatened species within a State; 



(D) the potential for restoring endangered spe- 

 cies and threatened species within a State; and 



(E) the relative urgency to initiate a program 

 to restore and protect an endangered species or 

 threatened species in terms of survival of the 

 si>ecles. 



So much of any approiJriated funds allocated for 

 obligation to any State for any fiscal year as re- 

 mains unobligated at the close thereof is author- 

 ized to be made available to that State luitil the 

 close of the succeeding fiscal year. Any amount al- 

 located to any State which is unobligated at the end 

 of the period during which It is available for expend- 

 iture is authorized to be made available for ex- 

 jjenditure 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 en- 

 dangered 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 66% per centum of the estimated 

 program cost stated in the agreement; and 



(II) the Federal share may be increased to 75 

 per centum 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. 



