50 CFR § 450.01 - General Provisions.

This Part 450 of Title 50 of the Code of Federal Regulations concerns the process of application for and determination of an exemption from the requirements of section 7(a)(2) of the Endangered Species Act. Part 450 provides for the definitions to apply to terms used in the Subchapter C. Section 7(a)(2) of the Act requires every federal agency, in consultation with and with the assistance of the Secretary, to insure that any action it authorises, funds, or carries out, in the United States or upon the high seas, is not likely to jeopardise the continued existence of any listed species or results in the destruction or adverse modification of critical habitat. Upon receipt of an application for exemption, the Secretary shall promptly notify the Governors of each affected State, if any, as determined by the Secretary, and request the Governors to recommend individuals to be appointed to the Endangered Species Committee for consideration of the application. Applications for exemption should be made to the appropriate Secretary. Within 30 days of receiving the Secretary’s report and record, the Committee shall grant an exemption for an agency action if, by a vote in which at least five of its members concur. Under section 7(h)(2) of the Act, an exemption granted by the Endangered Species Committee shall constitute a permanent exemption with respect to all endangered or threatened species for the purposes of completing such agency action (1) Regardless of whether the species was identified in the biological assessment, and (2) Only if a biological assessment has been conducted under section 7(c) of the Act with respect to such agency action.