Timeline for Section 7 consultations

Section 7(b)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1536(b)(1)) is amended— (1) in subparagraph (A), by striking 90-day and inserting 60-day; (2) in subparagraph (B)— (A) in the matter preceding clause (i)— (i) by striking 90 days and inserting 60 days; and (ii) by striking 90th day and inserting 60th day; (B) in clause (i), in the matter preceding subclause (I), by striking 150th day and inserting 100th day; (C) in clause (ii), by striking 150 or more and inserting 100 or more; and (D) in the undesignated matter following clause (ii)— (i) by striking the preceding sentence and inserting subparagraph (B); and (ii) by striking The Secretary and inserting the following: (C) The Secretary; and (3) by inserting after subparagraph (C) (as so designated) the following: (D) If the consultation period proposed to be agreed to between the Secretary and the Federal agency under subparagraph (B) extends beyond 145 days and the Secretary and the Federal agency have not provided a written statement to, or obtained consent from, a permit or license applicant under clause (i) or (ii), as applicable, of that subparagraph during such period, the applicant shall be eligible for relief under section 706(1) of title 5, United States Code. (E) (i) In the case of an agency action that requires the preparation of an environmental document (as defined in section 3 of the National Environmental Policy Act of 1969), the consultation process under subsection (a)(2) shall be completed by not later than the date on which the applicable environmental document (as so defined) for the agency action is completed in accordance with section 107(g) of the National Environmental Policy Act of 1969 (42 U.S.C. 4336a(g)), unless the Secretary approves an extension of the deadline due to extraordinary circumstances beyond the control, and not due to any action, of the consulting parties. (ii) The requirement under clause (i) shall not be construed to extend the deadlines described in subparagraphs (A) through (D)..