cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
9 rows where part_number = 452 and title_number = 50 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 50:50:11.0.3.11.9.0.1.1 | 50 | Wildlife and Fisheries | IV | C | 452 | PART 452—CONSIDERATION OF APPLICATION BY THE SECRETARY | § 452.01 Purpose and scope. | FWS | This part prescribes the procedures to be used by the Secretary when examining applications for exemption from section 7(a)(2) of the Endangered Species Act. | ||||||
| 50:50:11.0.3.11.9.0.1.2 | 50 | Wildlife and Fisheries | IV | C | 452 | PART 452—CONSIDERATION OF APPLICATION BY THE SECRETARY | § 452.02 Definitions. | FWS | Definitions applicable to this part are contained in 50 CFR 450.01. | ||||||
| 50:50:11.0.3.11.9.0.1.3 | 50 | Wildlife and Fisheries | IV | C | 452 | PART 452—CONSIDERATION OF APPLICATION BY THE SECRETARY | § 452.03 Threshold review and determinations. | FWS | (a) Threshold determinations. Within 20 days after receiving an exemption application, or a longer time agreed upon between the exemption applicant and the Secretary, the Secretary shall conclude his review and determine: (1) Whether any required biological assessment was conducted; (2) To the extent determinable within the time period provided, whether the Federal agency and permit or license applicant, if any, have refrained from making any irreversible or irretrievable commitment of resources; and (3) Whether the Federal agency and permit or license applicant, if any, have carried out consultation responsibilities in good faith and have made a reasonable and responsible effort to develop and fairly consider modifications or reasonable and prudent alternatives to the proposed action which would not violate section 7(a)(2) of the Act. (b) Burden of proof. The exemption applicant has the burden of proving that the requirements of § 452.03(a) have been met. (c) Negative finding. If the Secretary makes a negative finding on any threshold determination, the Secretary shall deny the application and notify the exemption applicant in writing of his finding and grounds therefor. The exemption process shall terminate when the applicant receives such written notice. The Secretary's denial shall constitute final agency action for purposes of judicial review under chapter 7 of title 5 of the United States Code. (d) Positive finding. If the Secretary makes a positive finding on each of the threshold determinations, he shall notify the exemption applicant in writing that the application qualifies for consideration by the Endangered Species Committee. (e) Secretary of State opinion. The Secretary shall terminate the exemption process immediately if the Secretary of State, pursuant to his obligations under section 7(i) of the Act, certifies in writing to the Committee that granting an exemption and carrying out the proposed action would violate an international treaty obligation or other international obligatio… | ||||||
| 50:50:11.0.3.11.9.0.1.4 | 50 | Wildlife and Fisheries | IV | C | 452 | PART 452—CONSIDERATION OF APPLICATION BY THE SECRETARY | § 452.04 Secretary's report. | FWS | (a) Contents of the report. If the Secretary has made a positive finding on each of the threshold determinations, he shall proceed to gather information and prepare a report for the Endangered Species Committee: (1) Discussing the availability of reasonable and prudent alternatives to the proposed action; (2) Discussing the nature and extent of the benefits of the proposed action; (3) Discussing the nature and extent of the benefits of alternative courses of action consistent with conserving the species or the critical habitat; (4) Summarizing the evidence concerning whether the proposed action is of national or regional significance; (5) Summarizing the evidence concerning whether the proposed action is in the public interest; (6) Discussing appropriate and reasonable mitigation and enhancement measures which should be considered by the Committee in granting an exemption; and (7) Discussing whether the Federal agency and permit or license applicant, if any, have refrained from making any irreversible or irretrievable commitment of resources. (b) Preparation of the report. The report shall be prepared in accordance with procedures set out in § 452.05 and § 452.09. | ||||||
| 50:50:11.0.3.11.9.0.1.5 | 50 | Wildlife and Fisheries | IV | C | 452 | PART 452—CONSIDERATION OF APPLICATION BY THE SECRETARY | § 452.05 Hearings. | FWS | (a) Hearings. (1) To develop the record for the report under § 452.04, the Secretary, in consultation with the members of the Committee, shall hold a hearing in accordance with 5 U.S.C. 554, 555, and 556. (2) The Secretary shall designate an Administrative Law Judge to conduct the hearing. The Secretary shall assign technical staff to assist the Administrative Law Judge. (3) When the Secretary designates the Administrative Law Judge, the Secretary may establish time periods for conducting the hearing and closing the record. (4) The Secretary may require the applicant to submit further discussions of the information required by § 451.02(e)(5). This information will be made part of the record. (b) Prehearing conferences. (1) The Administrative Law Judge may, on his own motion or the motion of a party or intervenor, hold a prehearing conference to consider: (i) The possibility of obtaining stipulations, admissions of fact or law and agreement to the introduction of documents; (ii) The limitation of the number of witnesses; (iii) Questions of law which may bear upon the course of the hearings; (iv) Prehearing motions, including motions for discovery; and (v) Any other matter which may aid in the disposition of the proceedings. (2) If time permits and if necessary to materially clarify the issues raised at the prehearing conference, the Administrative Law Judge shall issue a statement of the actions taken at the conference and the agreements made. Such statement shall control the subsequent course of the hearing unless modified for good cause by a subsequent statement. (c) Notice of hearings. Hearings and prehearing conferences will be announced by a notice in the Federal Register stating: (1) The time, place and nature of the hearing or prehearing conference; and (2) the matters of fact and law to be considered. Such notices will ordinarily be published at least 15 days before the scheduled hearings. (d) Conduct of hearings —(1) Admissibility of evidence. Relevant, material, and reliable eviden… | ||||||
| 50:50:11.0.3.11.9.0.1.6 | 50 | Wildlife and Fisheries | IV | C | 452 | PART 452—CONSIDERATION OF APPLICATION BY THE SECRETARY | § 452.06 Parties and intervenors. | FWS | (a) Parties. The parties shall consist of the exemption applicant, the Federal agency responsible for the agency action in question, the Service, and intervenors whose motions to intervene have been granted. (b) Intervenors. (1) The Administrative Law Judge shall provide an opportunity for intervention in the hearing. A motion to intervene must state the petitioner's name and address, identify its representative, if any, set forth the interest of the petitioner in the proceeding and show that the petitioner's participation would assist in the determination of the issues in question. (2) The Administrative Law Judge shall grant leave to intervene if he determines that an intervenor's participation would contribute to the fair determination of issues. In making this determination, the Administrative Law Judge may consider whether an intervenor represents a point of view not adequately represented by a party or another intervenor. | ||||||
| 50:50:11.0.3.11.9.0.1.7 | 50 | Wildlife and Fisheries | IV | C | 452 | PART 452—CONSIDERATION OF APPLICATION BY THE SECRETARY | § 452.07 Separation of functions and ex parte communications. | FWS | (a) Separation of functions. (1) The Administrative Law Judge and the technical staff shall not be responsible for or subject to the supervision or direction of any person who participated in the endangered species consultation at issue; (2) The Secretary shall not allow an agency employee or agent who participated in the endangered species consultation at issue or a factually related matter to participate or advise in a determination under this part except as a witness or counsel in public proceedings. (b) Ex parte communications. The provisions of 5 U.S.C. 557(d) apply to the hearing and the preparation of the report. | ||||||
| 50:50:11.0.3.11.9.0.1.8 | 50 | Wildlife and Fisheries | IV | C | 452 | PART 452—CONSIDERATION OF APPLICATION BY THE SECRETARY | § 452.08 Submission of Secretary's report. | FWS | (a) Upon closing of the record, the Administrative Law Judge shall certify the record and transmit it to the Secretary for preparation of the Secretary's report which shall be based on the record. The Secretary may direct the Administrative Law Judge to reopen the record and obtain additional information if he determines that such action is necessary. (b) The Secretary shall submit his report and the record of the hearing to the Committee within 140 days after making his threshold determinations under § 452.03(a) or within such other period of time as is mutually agreeable to the applicant and the Secretary. | ||||||
| 50:50:11.0.3.11.9.0.1.9 | 50 | Wildlife and Fisheries | IV | C | 452 | PART 452—CONSIDERATION OF APPLICATION BY THE SECRETARY | § 452.09 Consolidated and joint proceedings. | FWS | (a) When the Secretary is considering two or more related exemption applications, the Secretary may consider them jointly and prepare a joint report if doing so would expedite or simplify consideration of the issues. (b) When the Secretaries of the Interior and Commerce are considering two or more related exemption applications, they may consider them jointly and prepare a joint report if doing so would expedite or simplify consideration of the issues. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);