388 



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 Sec- 

 retary, 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 spe- 

 cies 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 pur- 

 suant to an exemption or permit provided for In this 

 chapter or In any regulation which Implements this 

 chapter. This chapter shall not otherwise be con- 

 strued to void any State law or regiilatlon which is 

 Intended to conserve migratory, resident, or intro- 

 duced 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 com- 

 mences after December 28, 1973, or (B) the date of 

 the close of the 15-month period following Decem- 

 ber 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 si>ecles 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 subsec- 

 tion (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 establish- 

 ment period when — 



(i) the Secretary applies such prohibition to 

 such sr)ecles at the request of the State, or 



(11) the Secretary applies such prohibition 

 after he finds, and publishes his finding, that an 

 emergency exists posing a significant risk to the 

 weU-belng of such species and that the prohibi- 

 tion 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 assist- 

 ance to States. 



(i) Authorization of appropriations. 



For the purposes of this section, there Is author- 

 ized to be appropriated through the fiscal year end- 

 ing June 30, 1977, not to exceed $10,000,000. (Pub. L. 

 93-205, § 6, Dec. 28, 1973, 87 Stat. 889.) 



§ 1536. Interagency cooperation. 



The Secretary shall review other programs admin- 

 istered by him and utilize such programs In further- 

 ance of the purposes of this chapter. All other 

 Federal departments and agencies shall. In consulta- 

 tion with and with the assistance of the Secretary, 

 utilize their authorities in furtherance of the pvti- 

 poses of this chapter by carrying out programs for 

 the conservation of endangered species and threat- 

 ened species listed pursuant to section 1533 of this 

 title and by taking such action necessary to Insure 

 that actions authorized, funded, or carried out by 

 them do not jeopardize the continued existence of 

 such endangered species and threatened species or 

 result In the destruction or modification of habitat 

 of such species which Is determined by the Secretary, 

 aiter consultation as appropriate with the affected 

 States, to be critical. (Puh. L. 93-205, § 7, Dec. 28, 

 1973, 87 Stat. 892.) 



§ 1537. International cooperation. 



(a) Financial assistance. 



As a demonstration of the commitment of the 

 United States to the worldwide protection of en- 

 dangered species and threatened species, the Presi- 

 dent may, subject to the provisions of section 724 

 of Title 31, use foreign currencies accruing to tlie 

 United States Government under the AgricxUturaJ 

 Trade Development and Assistance Act of 1954 or 

 any other law to provide to any foreign country 

 (with its consent) assistance in the development and 

 management of programs in that country which the 

 Secretary determines to be necessary or useful for 

 the conservation of any endangered species or 

 threatened species listed by the Secretary pursuant 

 to section 1533 of this title. The President shaU pro- 

 vide assistance (which includes, but is not limited to, 

 the acquisition, by lease or otherwise, of lands, 

 waters, or interests therein) to foreign countries 

 under this section under such terms and conditions 

 as he deems appropriate. Whenever foreign cur- 

 rencies are available for the provision of assistance 

 under this section, such currencies shall be used in 

 preference to funds appropriated under the author- 

 ity of section 1542 of this Utle. 



