U.S. Code » Title 16 » Chapter CHAPTER 35— ENDANGERED SPECIES

16 U.S.C. § 1534

Land acquisition

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(a) Implementation of conservation program; authorization of Secretary and Secretary of AgricultureThe Secretary, and the Secretary of Agriculture with respect to the National Forest System, shall establish and implement a program to conserve fish, wildlife, and plants, including those which are listed as endangered species or threatened species pursuant to section 1533 of this title. To carry out such a program, the appropriate Secretary—(1) shall utilize the land acquisition and other authority under the Fish and Wildlife Act of 1956, as amended [16 U.S.C. 742a et seq.], the Fish and Wildlife Coordination Act, as amended [16 U.S.C. 661 et seq.], and the Migratory Bird Conservation Act [16 U.S.C. 715 et seq.], as appropriate; and(2) is authorized to acquire by purchase, donation, or otherwise, lands, waters, or interest therein, and such authority shall be in addition to any other land acquisition authority vested in him.(b) Availability of funds for acquisition of lands, waters, etc.

Funds made available pursuant to chapter 2003 of title 54 may be used for the purpose of acquiring lands, waters, or interests therein under subsection (a) of this section.

(Pub. L. 93–205, § 5, Dec. 28, 1973, 87 Stat. 889; Pub. L. 95–632, § 12, Nov. 10, 1978, 92 Stat. 3766; Pub. L. 113–287, § 5(d)(32), Dec. 19, 2014, 128 Stat. 3267.)Editorial NotesReferences in Text

The Fish and Wildlife Act of 1956, as amended, referred to in subsec. (a)(1), is act Aug. 8, 1956, ch. 1036, 70 Stat. 119, which is classified generally to sections 742a to 742d and 742e to 742j–2 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 742a of this title and Tables.

The Fish and Wildlife Coordination Act, as amended, referred to in subsec. (a)(1), is act Mar. 10, 1934, ch. 55, 48 Stat. 401, which is classified generally to sections 661 to 666c–1 of this title. For complete classification of this Act to the Code, see section 661(a) of this title, Short Title note set out under section 661 of this title, and Tables.

The Migratory Bird Conservation Act, referred to in subsec. (a)(1), is act Feb. 18, 1929, ch. 257, 45 Stat. 1222, which is classified generally to subchapter III (§ 715 et seq.) of chapter 7 of this title. For complete classification of this Act to the Code, see section 715 of this title and Tables.

Amendments

2014—Subsec. (b). Pub. L. 113–287 substituted “chapter 2003 of title 54” for “the Land and Water Conservation Fund Act of 1965, as amended,”.

1978—Subsec. (a). Pub. L. 95–632, among other changes in text preceding par. (1), inserted reference to the Secretary of Agriculture with respect to the National Forest System and substituted the establishment and implementation of a plan to conserve plants for the establishment and implementation of a plan to conserve plants which were concluded in Appendices to the Convention.

Notes of Decisions
Cited in 15 cases, 1980–2016 · leading case: Babbitt v. Sweet Home Chapter, Communities for Great Ore., 515 U.S. 687 (1995).
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Babbitt v. Sweet Home Chapter, Communities for Great Ore., 515 U.S. 687 (1995). · cites it 2× “Section 5, 16 U. S. C. § 1534 , authorizes the Secretary, in cooperation with the States, see § 1535, to acquire land to aid in preserving such species.”
Sweet Home Chapter of Communities for a Great Oregon v. Bruce Babbitt, Sec'y of the Interior, 1 F.3d 1 (D.C. Cir. 1994). · cites it 2× “Section 1534 authorizes the Secretary of the Interior, as well as the Secretary of Agriculture with respect to the National Forest System, to acquire land as part of “a program to conserve fish, wildlife, and plants, including those which are listed as endangered species or…”
Miccosukee Tribe of Indians of Florida v. USA, 716 F.3d 535 (11th Cir. 2013). “The ESA makes it unlawful for any person — including the Corps 12 — to “take” any endangered species of fish or wildlife designated pursuant to 16 U.S.C. § 1534 (a)(1). To “take” a species includes to “harm” it.”
Sweet Home Chapter of Communities for a Great Oregon v. Bruce Babbitt, Sec'y of the Interior, 17 F.3d 1463 (D.C. Cir. 1994). · cites it 2× “The ESA pursues its conservation purposes through three basic mechanisms: (1) a federal land acquisition program, ESA § 5, 16 U.S.C. § 1534 ; (2) the imposition of strict obligations on federal agencies to avoid adverse impacts on endangered species, ESA § 7, 16 U.”
Markle Interests, L.L.C. v. United States Fish & Wildlife Serv., 827 F.3d 452 (5th Cir. 2016). “See 16 U.S.C. § 1534 (a). But the legal availability of other statutory conservation mechanisms, some arguably more intrusive of private property interests, does not undercut the Service’s separate statutory duty to designate as critical habitat unoccupied areas that are…”
Boundary Backpackers v. Boundary Cnty., 913 P.2d 1141 (Idaho 1996). “16 U.S.C. § 1534 . It is also contrary to the portion of the Endangered Species Act which requires the Secretary of the Interior and the Secretary of Commerce to develop and implement recovery plans for endangered species.”
People for Ethical Treatment of Animals, Inc. v. Miami Seaquarium, 189 F. Supp. 3d 1327 (S.D. Fla. 2016). “Section 7 mandates inter-agency cooperation, requiring all “federal agencies to ensure that none of their activities, including the granting of licenses and permits, will jeopardize the continued existence of endangered species or result in the destruction or adverse…”
Sweet Home Chapter of Communities for a Great Oregon v. Lujan, 806 F. Supp. 279 (D.D.C. 1992). · cites it 2× “See 16 U.S.C. § 1534 . However, nothing in the language of § 1534 or in the legislative history of the land acquisition provision suggests that Congress intended land acquisition to be the exclusive protective mechanism for listed species’ habitat.”
Sierra Club v. Marsh, 692 F. Supp. 1210 (S.D. Cal. 1988). · cites it 2× “When the resolution is read in conjunction with the LCP and the arguments made in support of the City’s opposition, it is clear that the City would not grant the United States the permit it seeks, or if it did so, would condition its issuance on terms which would render the…”
Calf Island Cmty. Trust, Inc. v. Young Mens Christian Assoc. of Greenwich, 392 F. Supp. 2d 241 (D. Conn. 2005). · cites it 3× “§ 742f, the Endangered Species Act of 1973, as amended, 16 U.S.C. § 1534 , and the Department of the Interior and Related Agencies Appropriation Acts, 1996 and 1997, Pub.”
Loggerhead Turtle v. Cnty. Council of Volusia Cnty., 92 F. Supp. 2d 1296 (M.D. Fla. 2000). “See 16 U.S.C. § 1534 (a)(2). 14 . As a threshold matter, Volusia County argues Plaintiffs’ suit is barred by the Eleventh Amendment because the County is an "arm of the state” and is thus entitled to sovereign immunity.”
Wilson v. Block, 708 F.2d 735 (D.C. Cir. 1983). “Section 5, 16 U.S.C. § 1534 , authorizes the Secretary to acquire land for the protection of listed species and other plants and wildlife.”
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