WHAT THE LAW DOINCongress, in plain words

The law › Title 16, Conservation › Chapter 35

16 U.S.C. 1533: Determination of endangered species and threatened species

Created in 1973 by Public Law 93-205. Changed by 7 later laws. No bill we track in this Congress changes it.

27 other sections of the Code cite this one, including 10 U.S.C. 8635, 10 U.S.C. 8754, 16 U.S.C. 460k–1, 16 U.S.C. 460www, 16 U.S.C. 668dd.

1 part of federal rules cite it as their authority, written by National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Department of Commerce (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2022

    • Pub. L. 117–286 substituted "chapter 10 of title 5." for "the Federal Advisory Committee Act." Law text · (f)

    2003

    • Pub. L. 108–136, §318(a), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, and added subpar. (B). (National Defense Authorization Act for Fiscal Year 2004) Law text · (a)
    • Pub. L. 108–136, §318(b), inserted "the impact on national security," after "the economic impact,". (National Defense Authorization Act for Fiscal Year 2004) Law text · (b)

    1988

    • Pub. L. 100–478, §1002(a), added subcl. (iii). · (b)
    • Pub. L. 100–478, §1002(b), substituted "regulation of commerce or taking," for "regulation," in introductory provisions. · (e)
    • Pub. L. 100–478, §1003, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: "The Secretary shall develop and implement plans (hereinafter in this subsection referred to as 'recovery plans') for the conservation and survival of endangered species and threaten… · (f)
    • Pub. L. 100–478, §1004, added subsec. (g) and redesignated former subsecs. (g) and (h) as (h) and (i), respectively. · (g), (h), (i)

    1982

    • Pub. L. 97–304, §2(a)(1)(B), (D), inserted "promulgated in accordance with subsection (b)" after "shall by regulation" in introductory provisions preceding subpar. (A), and struck out provision following subpar. (E), which directed the Secretary, at the time regulations were propose… · (a)
    • Pub. L. 97–304, §2(a)(1)(A), redesignated subpar. (1) as (A). · (a)
    • Pub. L. 97–304, §2(a)(1)(A), (C), redesignated subpar. (2) as (B) and substituted "recreational," for "sporting,". · (a)
    • Pub. L. 97–304, §2(a)(1)(A), redesignated subpars. (3), (4), and (5) as (C), (D), and (E), respectively. · (a)
    • Pub. L. 97–304, §2(a)(1)(E), added par. (3). · (a)
    • Pub. L. 97–304, §2(a)(2), completely revised subsec. (b) by, among other changes, requiring the Secretary to base determinations regarding the listing or delisting of species "solely" on the basis of the best scientific and commercial data available, streamlining the listing process by… · (b)
    • Pub. L. 97–304, §2(a)(3)(A), struck out ", and from time to time he may by regulation revise," after "Federal Register" and inserted at end "The Secretary shall from time to time revise each list published under the authority of this subsection to reflect recent determinations, desi… · (c)
    • Pub. L. 97–304, §2(a)(3)(B), (C), redesignated par. (4) as (2). Former par. (2), directing the Secretary, within 90 days of the receipt of the petition of an interested person under section 553(e) of title 5, to conduct and publish in the Federal Register a review of the status of a… · (c)
    • Pub. L. 97–304, §2(a)(3)(B), struck out par. (3) which had provided that any list in effect on Dec. 27, 1973, of species of fish or wildlife determined by the Secretary of the Interior, pursuant to the Endangered Species Conservation Act of 1969, to be threatened with extinction be … · (c)
    • Pub. L. 97–304, §2(a)(3)(C), redesignated par. (4) as (2). · (c)
    • Pub. L. 97–304, §2(a)(4)(A), substituted "section 1535(c) of this title" for "section 1535(a) of this title". · (d)
    • Pub. L. 97–304, §2(a)(4)(B), (C), (D), redesignated subsec. (g) as (f) and substituted "recovery plans (1) shall, to the maximum extent practicable, give priority to those endangered species or threatened species most likely to benefit from such plans, particularly those species that a… · (f)
    • Pub. L. 97–304, §2(a)(4)(C), (E), redesignated subsec. (h) as (g), substituted reference to subsection (b)(3) of this section for reference to subsection (c)(2) of this section in par. (1), substituted "under subsection (a)(1) of this section" for "for listing" in par. (3), and substit… · (g)
    • Pub. L. 97–304, §2(a)(4)(C), (F), added subsec. (h) and redesignated former subsec. (h) as (g). · (h)

    1979

    • Pub. L. 96–159, §3(1), required the Secretary's determinations to be preceded with a review of the status of the species. · (b)
    • Pub. L. 96–159, §3(2), required publication of summary of text rather than of the complete text of proposed regulation specifying any critical habitat and inclusion of a map of the proposed critical habitat. · (f)
    • Pub. L. 96–159, §3(3), substituted "if requested within 15 days after the date on which the public meeting is conducted," for "if requested,". · (f)
    • Pub. L. 96–159, §3(4), (5), inserted in introductory text ", subsection (b)(4) of this section,"; and in cl. (ii), included reference to significant risk to wellbeing of any species of plants, inserted in item (II) reference to regulation applicable to resident species of plants,… · (f)
    • Pub. L. 96–159, §3(6), added subsec. (h). · (h)

    1978

    • Pub. L. 95–632, §11(1), inserted provision requiring the Secretary, at the time a regulation is proposed, to specify by regulation any habitat of the species involved which is considered a critical habitat providing the species was listed subsequent to Nov. 10, 1978. · (a)
    • Pub. L. 95–632, §11(7), added par. (4). · (b)
    • Pub. L. 95–632, §11(2), struck out "and shall" after "if any" and inserted ", and specify any critical habitat within such range" after "endangered or threatened". · (c)
    • Pub. L. 95–632, §11(6), substituted "within 90 days of the receipt of" for "upon" and "conduct and publish in the Federal Register a review of the status of" for "conduct a review of" and inserted a provision requiring that the review and findings be made and published prior to init… · (c)
    • Pub. L. 95–632, §11(3), added par. (4). · (c)
    • Pub. L. 95–632, §11(4)(A), substituted "Except as provided in subparagraph (B), in" for "In". · (f)
    • Pub. L. 95–632, §11(4)(B), (C), added subpar. (B), redesignated former subpar. (B) as (C), and as so redesignated, substituted "Neither subparagraph (A) or (B)" for "Neither subparagraph (A)". · (f), (C)
    • Pub. L. 95–632, §13, substituted "a summary by the Secretary of the data on which such regulation is based and shall show the relationship of such data to such regulations" for "a statement by the Secretary of the facts on which such regulation is based and the relationship of such … · (f)
    • Pub. L. 95–632, §11(4)(D), added pars. (4) and (5). · (f), (5)
    • Pub. L. 95–632, §11(5), added subsec. (g). · (g)

    1976

    • Pub. L. 94–359 substituted "subsection (b)(1)(A)" for "subsection (b)(A), (B), and (C)". · (f)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.