§12805.__Cooperative agreements

The commissioner may enter into agreements with federal agencies, other states, political subdivisions of this State or private persons for the establishment and maintenance of programs for the conservation of endangered or threatened species and may receive all federal funds allocated for obligations to the State pursuant to these agreements.

§12806. State and local cooperation

1.__Review.__A state agency or municipal government may not permit, license, fund or carry out projects that will:

A.__Significantly alter the habitat identified under section 12804, subsection 2 of any species designated as threatened or endangered under this subchapter; or

B.__Violate protection guidelines set forth in section 12804, subsection 3.

The commissioner shall make information under section 12804 available to all other state agencies and municipal governments for the purposes of review.

2.__Variance.__Notwithstanding subsection 1, state agencies and municipal governments may grant a variance from this section provided that:

A.__The commissioner certifies that the proposed action would not pose a significant risk to any population of endangered or threatened species within the State; and

B.__A public hearing is held on the proposed action.

3.__Pending applications.__Notwithstanding Title 1, section 302, applications pending at the time of adoption of habitats and guidelines under section 12804, subsections 2 and 3 are governed by this section.