---
kind: "section"
citation: "16 U.S.C. § 1535"
title: "16"
title_heading: "Conservation"
number: "1535"
heading: "Cooperation with States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/1535"
units:
  - "Chapter 35 — Endangered Species"
---

# §1535. Cooperation with States

- (a) **Generally—** In carrying out the program authorized by this chapter, the [Secretary](/usc/16/1532.md?p=15) shall cooperate to the maximum extent practicable with the [States](/usc/16/544.md?p=r). Such cooperation shall include consultation with the [States](/usc/16/544.md?p=r) concerned before acquiring any land or water, or interest therein, for the purpose of [conserving](/usc/16/1532.md?p=3) any [endangered species](/usc/16/1532.md?p=6) or [threatened species](/usc/16/1532.md?p=20).
- (b) **Management agreements—** The [Secretary](/usc/16/1532.md?p=15) may enter into agreements with any [State](/usc/16/1532.md?p=17) for the administration and management of any [area](/usc/16/539m–1.md?p=1-A) established for the [conservation](/usc/16/1532.md?p=3) of [endangered species](/usc/16/1532.md?p=6) or [threatened species](/usc/16/1532.md?p=20). Any revenues derived from the administration of such [areas](/usc/16/539m–1.md?p=1-A) under these agreements shall be subject to the provisions of [section 715s of this title](/usc/16/715s.md).
- (c) **Cooperative agreements—**
  - (1) In furtherance of the purposes of this chapter, the [Secretary](/usc/16/1532.md?p=15) is authorized to enter into a cooperative agreement in accordance with this section with any [State](/usc/16/1532.md?p=17) which establishes and maintains an adequate and active program for the [conservation](/usc/16/1532.md?p=3) of [endangered species](/usc/16/1532.md?p=6) and [threatened species](/usc/16/1532.md?p=20). Within one hundred and twenty days after the [Secretary](/usc/16/1532.md?p=15) receives a certified copy of such a proposed [State](/usc/16/1532.md?p=17) program, he shall make a determination whether such program is in accordance with this chapter. Unless he determines, pursuant to this paragraph, that the [State](/usc/16/1532.md?p=17) program is not in accordance with this chapter, he shall enter into a cooperative agreement with the [State](/usc/16/1532.md?p=17) for the purpose of assisting in implementation of the [State](/usc/16/1532.md?p=17) program. In order for a [State](/usc/16/1532.md?p=17) program to be deemed an adequate and active program for the [conservation](/usc/16/1532.md?p=3) of [endangered species](/usc/16/1532.md?p=6) and [threatened species](/usc/16/1532.md?p=20), the [Secretary](/usc/16/1532.md?p=15) must find, and annually thereafter reconfirm such finding, that under the [State](/usc/16/1532.md?p=17) program—
    - (A) authority resides in the [State agency](/usc/16/1532.md?p=18) to [conserve](/usc/16/1532.md?p=3) resident [species](/usc/16/1532.md?p=16) of [fish or wildlife](/usc/16/1532.md?p=8) determined by the [State agency](/usc/16/1532.md?p=18) or the [Secretary](/usc/16/1532.md?p=15) to be endangered or threatened;
    - (B) the [State agency](/usc/16/1532.md?p=18) has established acceptable [conservation](/usc/16/1532.md?p=3) programs, consistent with the purposes and policies of this chapter, for all resident [species](/usc/16/1532.md?p=16) of [fish or wildlife](/usc/16/1532.md?p=8) in the [State](/usc/16/1532.md?p=17) which are deemed by the [Secretary](/usc/16/1532.md?p=15) to be endangered or threatened, and has furnished a copy of such plan and program together with all pertinent details, information, and data requested to the [Secretary](/usc/16/1532.md?p=15);
    - (C) the [State agency](/usc/16/1532.md?p=18) is authorized to conduct investigations to determine the status and requirements for survival of resident [species](/usc/16/1532.md?p=16) of [fish and wildlife](/usc/16/3102.md?p=17);
    - (D) the [State agency](/usc/16/1532.md?p=18) is authorized to establish programs, including the [acquisition](/usc/16/620e.md?p=1) of land or aquatic habitat or interests therein, for the [conservation](/usc/16/1532.md?p=3) of resident endangered or [threatened species](/usc/16/1532.md?p=20) of [fish or wildlife](/usc/16/1532.md?p=8); and
    - (E) provision is made for public participation in designating resident [species](/usc/16/1532.md?p=16) of [fish or wildlife](/usc/16/1532.md?p=8) as endangered or threatened; or

    that under the [State](/usc/16/1532.md?p=17) program—

    - (i) the requirements set forth in subparagraphs (C), (D), and (E) of this paragraph are complied with, and
    - (ii) plans are included under which immediate attention will be given to those resident [species](/usc/16/1532.md?p=16) of [fish and wildlife](/usc/16/3102.md?p=17) which are determined by the [Secretary](/usc/16/1532.md?p=15) or the [State agency](/usc/16/1532.md?p=18) to be endangered or threatened and which the [Secretary](/usc/16/1532.md?p=15) and the [State agency](/usc/16/1532.md?p=18) agree are most urgently in need of [conservation](/usc/16/1532.md?p=3) programs; except that a cooperative agreement entered into with a [State](/usc/16/1532.md?p=17) whose program is deemed adequate and active pursuant to [clause (i)](#c-1-i) and this clause shall not affect the applicability of prohibitions set forth in or authorized pursuant to [section 1533(d) of this title](/usc/16/1533.md?p=d) or [section 1538(a)(1) of this title](/usc/16/1538.md?p=a-1) with respect to the [taking](/usc/16/3102.md?p=18) of any resident endangered or [threatened species](/usc/16/1532.md?p=20).
  - (2) In furtherance of the purposes of this chapter the [Secretary](/usc/16/1532.md?p=15) is authorized to enter into a cooperative agreement in accordance with this section with any [State](/usc/16/1532.md?p=17) which establishes and maintains an adequate and active program for the [conservation](/usc/16/1532.md?p=3) of [endangered species](/usc/16/1532.md?p=6) and [threatened species](/usc/16/1532.md?p=20) of [plants](/usc/16/1532.md?p=14). Within one hundred and twenty days after the [Secretary](/usc/16/1532.md?p=15) receives a certified copy of such a proposed [State](/usc/16/1532.md?p=17) program, he shall make a determination whether such program is in accordance with this chapter. Unless he determines, pursuant to this paragraph, that the [State](/usc/16/1532.md?p=17) program is not in accordance with this chapter, he shall enter into a cooperative agreement with the [State](/usc/16/1532.md?p=17) for the purpose of assisting in implementation of the [State](/usc/16/1532.md?p=17) program. In order for a [State](/usc/16/1532.md?p=17) program to be deemed an adequate and active program for the [conservation](/usc/16/1532.md?p=3) of [endangered species](/usc/16/1532.md?p=6) of [plants](/usc/16/1532.md?p=14) and [threatened species](/usc/16/1532.md?p=20) of [plants](/usc/16/1532.md?p=14), the [Secretary](/usc/16/1532.md?p=15) must find, and annually thereafter reconfirm such finding, that under the [State](/usc/16/1532.md?p=17) program—
    - (A) authority resides in the [State agency](/usc/16/1532.md?p=18) to [conserve](/usc/16/1532.md?p=3) resident [species](/usc/16/1532.md?p=16) of [plants](/usc/16/1532.md?p=14) determined by the [State agency](/usc/16/1532.md?p=18) or the [Secretary](/usc/16/1532.md?p=15) to be endangered or threatened;
    - (B) the [State agency](/usc/16/1532.md?p=18) has established acceptable [conservation](/usc/16/1532.md?p=3) programs, consistent with the purposes and policies of this chapter, for all resident [species](/usc/16/1532.md?p=16) of [plants](/usc/16/1532.md?p=14) in the [State](/usc/16/1532.md?p=17) which are deemed by the [Secretary](/usc/16/1532.md?p=15) to be endangered or threatened, and has furnished a copy of such plan and program together with all pertinent details, information, and data requested to the [Secretary](/usc/16/1532.md?p=15);
    - (C) the [State agency](/usc/16/1532.md?p=18) is authorized to conduct investigations to determine the status and requirements for survival of resident [species](/usc/16/1532.md?p=16) of [plants](/usc/16/1532.md?p=14); and
    - (D) provision is made for public participation in designating resident [species](/usc/16/1532.md?p=16) of [plants](/usc/16/1532.md?p=14) as endangered or threatened; or

    that under the [State](/usc/16/1532.md?p=17) program—

    - (i) the requirements set forth in subparagraphs (C) and (D) of this paragraph are complied with, and
    - (ii) plans are included under which immediate attention will be given to those resident [species](/usc/16/1532.md?p=16) of [plants](/usc/16/1532.md?p=14) which are determined by the [Secretary](/usc/16/1532.md?p=15) or the [State agency](/usc/16/1532.md?p=18) to be endangered or threatened and which the [Secretary](/usc/16/1532.md?p=15) and the [State agency](/usc/16/1532.md?p=18) agree are most urgently in need of [conservation](/usc/16/1532.md?p=3) programs; except that a cooperative agreement entered into with a [State](/usc/16/1532.md?p=17) whose program is deemed adequate and active pursuant to [clause (i)](#c-2-i) and this clause shall not affect the applicability of prohibitions set forth in or authorized pursuant to [section 1533(d)](/usc/16/1533.md?p=d) or [section 1538(a)(1) of this title](/usc/16/1538.md?p=a-1) with respect to the [taking](/usc/16/3102.md?p=18) of any resident endangered or [threatened species](/usc/16/1532.md?p=20).
- (d) **Allocation of funds—**
  - (1) The [Secretary](/usc/16/1532.md?p=15) is authorized to provide financial assistance to any [State](/usc/16/1532.md?p=17), through its respective [State agency](/usc/16/1532.md?p=18), which has entered into a cooperative agreement pursuant to [subsection (c)](#c) of this section to assist in development of programs for the [conservation](/usc/16/1532.md?p=3) of endangered and [threatened species](/usc/16/1532.md?p=20) or to assist in monitoring the status of candidate [species](/usc/16/1532.md?p=16) pursuant to subparagraph (C) of [section 1533(b)(3) of this title](/usc/16/1533.md?p=b-3) and recovered [species](/usc/16/1532.md?p=16) pursuant to [section 1533(g) of this title](/usc/16/1533.md?p=g). The [Secretary](/usc/16/1532.md?p=15) shall allocate each annual appropriation made in accordance with the provisions of [subsection (i)](#i) of this section to such [States](/usc/16/544.md?p=r) based on consideration of—
    - (A) the international commitments of the [United States](/usc/16/1532.md?p=21) to protect [endangered species](/usc/16/1532.md?p=6) or [threatened species](/usc/16/1532.md?p=20);
    - (B) the readiness of a [State](/usc/16/1532.md?p=17) to proceed with a [conservation](/usc/16/1532.md?p=3) program consistent with the objectives and purposes of this chapter;
    - (C) the number of [endangered species](/usc/16/1532.md?p=6) and [threatened species](/usc/16/1532.md?p=20) within a [State](/usc/16/1532.md?p=17);
    - (D) the potential for restoring [endangered species](/usc/16/1532.md?p=6) and [threatened species](/usc/16/1532.md?p=20) within a [State](/usc/16/1532.md?p=17);
    - (E) the relative urgency to initiate a program to restore and protect an [endangered species](/usc/16/1532.md?p=6) or [threatened species](/usc/16/1532.md?p=20) in terms of survival of the [species](/usc/16/1532.md?p=16);
    - (F) the importance of monitoring the status of candidate [species](/usc/16/1532.md?p=16) within a [State](/usc/16/1532.md?p=17) to prevent a significant risk to the well being of any such [species](/usc/16/1532.md?p=16); and
    - (G) the importance of monitoring the status of recovered [species](/usc/16/1532.md?p=16) within a [State](/usc/16/1532.md?p=17) to assure that such [species](/usc/16/1532.md?p=16) do not return to the point at which the measures provided pursuant to this chapter are again necessary.

    So much of the annual appropriation made in accordance with provisions of [subsection (i)](#i) of this section allocated for obligation to any [State](/usc/16/1532.md?p=17) for any fiscal year as remains unobligated at the close thereof is authorized to be made available to that [State](/usc/16/1532.md?p=17) until the close of the succeeding fiscal year. Any amount allocated to any [State](/usc/16/1532.md?p=17) which is unobligated at the end of the period during which it is available for expenditure is authorized to be made available for expenditure by the [Secretary](/usc/16/1532.md?p=15) in conducting programs under this section.

  - (2) Such cooperative agreements shall provide for (A) the actions to be taken by the [Secretary](/usc/16/1532.md?p=15) and the [States](/usc/16/544.md?p=r); (B) the benefits that are expected to be derived in connection with the [conservation](/usc/16/1532.md?p=3) of endangered or [threatened species](/usc/16/1532.md?p=20); (C) the estimated cost of these actions; and (D) the share of such costs to be borne by the Federal Government and by the [States](/usc/16/544.md?p=r); except that—
    - (i) the Federal share of such program costs shall not exceed 75 percent of the estimated program cost stated in the agreement; and
    - (ii) the Federal share may be increased to 90 percent whenever two or more [States](/usc/16/544.md?p=r) having a common interest in one or more endangered or [threatened species](/usc/16/1532.md?p=20), the [conservation](/usc/16/1532.md?p=3) of which may be enhanced by cooperation of such [States](/usc/16/544.md?p=r), enter jointly into an agreement with the [Secretary](/usc/16/1532.md?p=15).

    The [Secretary](/usc/16/1532.md?p=15) may, in his discretion, and under such rules and regulations as he may prescribe, advance funds to the [State](/usc/16/1532.md?p=17) for financing the [United States](/usc/16/1532.md?p=21) pro rata share agreed upon in the cooperative agreement. For the purposes of this section, the non-Federal share may, in the discretion of the [Secretary](/usc/16/1532.md?p=15), be in the form of money or real property, the value of which will be determined by the [Secretary](/usc/16/1532.md?p=15), whose decision shall be final.

- (e) **Review of State programs—** Any action taken by the [Secretary](/usc/16/1532.md?p=15) under this section shall be subject to his periodic review at no greater than annual intervals.
- (f) **Conflicts between Federal and State laws—** Any [State](/usc/16/1532.md?p=17) law or regulation which applies with respect to the importation or exportation of, or interstate or [foreign commerce](/usc/16/1532.md?p=9) in, [endangered species](/usc/16/1532.md?p=6) or [threatened species](/usc/16/1532.md?p=20) is void to the extent that it may effectively (1) permit what is prohibited by this chapter or by any regulation which implements this chapter, or (2) prohibit what is authorized pursuant to an exemption or permit provided for in this chapter or in any regulation which implements this chapter. This chapter shall not otherwise be construed to void any [State](/usc/16/1532.md?p=17) law or regulation which is intended to [conserve](/usc/16/1532.md?p=3) migratory, resident, or introduced [fish or wildlife](/usc/16/1532.md?p=8), or to permit or prohibit sale of such [fish or wildlife](/usc/16/1532.md?p=8). Any [State](/usc/16/1532.md?p=17) law or regulation respecting the [taking](/usc/16/3102.md?p=18) of an [endangered species](/usc/16/1532.md?p=6) or [threatened species](/usc/16/1532.md?p=20) may be more restrictive than the exemptions or permits provided for in this chapter or in any regulation which implements this chapter but not less restrictive than the prohibitions so defined.
- (g) **Transition—**
  - (1) For purposes of this subsection, the term “establishment period” means, with respect to any [State](/usc/16/1532.md?p=17), the period beginning on December 28, 1973, and ending on whichever of the following dates first occurs: (A) the date of the close of the 120-day period following the adjournment of the first regular session of the legislature of such [State](/usc/16/1532.md?p=17) which commences after December 28, 1973, or (B) the date of the close of the 15-month period following December 28, 1973.
  - (2) The prohibitions set forth in or authorized pursuant to sections [1533(d)](/usc/16/1533.md?p=d) and [1538(a)(1)(B)](/usc/16/1538.md?p=a-1-B) of this title shall not apply with respect to the [taking](/usc/16/3102.md?p=18) of any resident [endangered species](/usc/16/1532.md?p=6) or [threatened species](/usc/16/1532.md?p=20) (other than [species](/usc/16/1532.md?p=16) listed in Appendix I to the [Convention](/usc/16/1532.md?p=4) or otherwise specifically covered by any other treaty or Federal law) within any [State](/usc/16/1532.md?p=17)—
    - (A) which is then a party to a cooperative agreement with the [Secretary](/usc/16/1532.md?p=15) pursuant to [subsection (c)](#c) of this section (except to the extent that the [taking](/usc/16/3102.md?p=18) of any such [species](/usc/16/1532.md?p=16) is contrary to the law of such [State](/usc/16/1532.md?p=17)); or
    - (B) except for any time within the establishment period when—
      - (i) the [Secretary](/usc/16/1532.md?p=15) applies such prohibition to such [species](/usc/16/1532.md?p=16) at the request of the [State](/usc/16/1532.md?p=17), or
      - (ii) the [Secretary](/usc/16/1532.md?p=15) applies such prohibition after he finds, and publishes his finding, that an emergency exists posing a significant risk to the well-being of such [species](/usc/16/1532.md?p=16) and that the prohibition must be applied to protect such [species](/usc/16/1532.md?p=16). The [Secretary](/usc/16/1532.md?p=15)’s finding and publication may be made without regard to the public hearing or comment provisions of [section 553 of title 5](/usc/5/553.md) or any other provision of this chapter; but such prohibition shall expire 90 days after the date of its imposition unless the [Secretary](/usc/16/1532.md?p=15) further extends such prohibition by publishing notice and a statement of justification of such extension.
- (h) **Regulations—** The [Secretary](/usc/16/1532.md?p=15) is authorized to promulgate such regulations as may be appropriate to carry out the provisions of this section relating to financial assistance to [States](/usc/16/544.md?p=r).
- (i) **Appropriations—**
  - (1) To carry out the provisions of this section for fiscal years after September 30, 1988, there shall be deposited into a special fund known as the cooperative [endangered species](/usc/16/1532.md?p=6) [conservation](/usc/16/1532.md?p=3) fund, to be administered by the [Secretary](/usc/16/1532.md?p=15), an amount equal to 5 percent of the combined amounts covered each fiscal year into the Federal aid to wildlife restoration fund under [section 669b of this title](/usc/16/669b.md), and paid, transferred, or otherwise credited each fiscal year to the Sport Fishing Restoration Account established under 1016 of the Act of July 18, 1984.
  - (2) Amounts deposited into the special fund are authorized to be appropriated annually and allocated in accordance with [subsection (d)](#d) of this section.

## Source credit

(Pub. L. 93–205, § 6, Dec. 28, 1973, 87 Stat. 889; Pub. L. 95–212, Dec. 19, 1977, 91 Stat. 1493; Pub. L. 95–632, § 10, Nov. 10, 1978, 92 Stat. 3762; Pub. L. 96–246, May 23, 1980, 94 Stat. 348; Pub. L. 97–304, §§ 3, 8(b), Oct. 13, 1982, 96 Stat. 1416, 1426; Pub. L. 100–478, title I, § 1005, Oct. 7, 1988, 102 Stat. 2307.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in text, was in the original “this Act” or “This Act”, meaning Pub. L. 93–205, Dec. 28, 1973, 81 Stat. 884, known as the Endangered Species Act of 1973, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables.

The Sport Fishing Restoration Account established under section 1016 of the Act of July 18, 1984, referred to in subsec. (i)(1), probably means the Sport Fish Restoration Account established by section 9504(a)(2)(A) of Title 26, Internal Revenue Code, which section was enacted by section 1016(a) of Pub. L. 98–369, div. A, title X, July 18, 1984, 98 Stat. 1019.

### Amendments

1988—Subsec. (d)(1). Pub. L. 100–478, § 1005(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “The Secretary is authorized to provide financial assistance to any State, through its respective State agency, which has entered into a cooperative agreement pursuant to subsection (c) of this section to assist in development of programs for the conservation of endangered and threatened species. The Secretary shall make an allocation of appropriated funds to such States based on consideration of—

“(A) the international commitments of the United States to protect endangered species or threatened species;

“(B) the readiness of a State to proceed with a conservation program consistent with the objectives and purposes of this chapter;

“(C) the number of endangered species and threatened species within a State;

“(D) the potential for restoring endangered species and threatened species within a State; and

“(E) the relative urgency to initiate a program to restore and protect an endangered species or threatened species in terms of survival of the species.

So much of any appropriated funds allocated for obligation to any State for any fiscal year as remains unobligated at the close thereof is authorized to be made available to that State until the close of the succeeding fiscal year. Any amount allocated to any State which is unobligated at the end of the period during which it is available for expenditure is authorized to be made available for expenditure by the Secretary in conducting programs under this section.”

Subsec. (i). Pub. L. 100–478, § 1005(b), added subsec. (i).

1982—Subsec. (d)(2)(i). Pub. L. 97–304, § 3(1), substituted “75 percent” for “66⅔ per centum”.

Subsec. (d)(2)(ii). Pub. L. 97–304, § 3(2), substituted “90 percent” for “75 per centum”.

Subsec. (i). Pub. L. 97–304, § 8(b), struck out subsec. (i) which authorized appropriations to carry out this section of $10,000,000 through the period ending Sept. 30, 1977, $12,000,000 for the period Oct. 1, 1977, through Sept. 30, 1980, and $12,000,000 for the period Oct. 1, 1980, through Sept. 30, 1982. See section 1542(b) of this title.

1980—Subsec. (i). Pub. L. 96–246 in par. (2) substituted “$12,000,000” for “$16,000,000” and “1980” for “1981”, and added par. (3).

1978—Subsec. (c). Pub. L. 95–632 designated existing provision as par. (1), and in par. (1) as so designated, redesignated pars. (1) to (5) as subpars. (A) to (E), respectively, and subpars. (A) and (B) of subpar. (E), as so redesignated, as cls. (i) and (ii), respectively, substituted “paragraph” for “subsection” in provision preceding subpar. (A), as so redesignated, “endangered or threatened species of fish or wildlife” for “endangered species or threatened species” in subpar. (D), as so redesignated, “subparagraphs (C), (D), and (E) of this paragraph” for “paragraphs (3), (4), and (5) of this subsection” in cl. (i) of subpar. (E), as so redesignated, “clause (i) and this clause” for “subparagraph (A) and this subparagraph” in cl. (ii) of subpar. (E), as so redesignated, and added par. (2).

1977—Subsec. (c). Pub. L. 95–212, § 1(1), inserted provisions that States in which the State fish and wildlife agencies do not possess the broad authority to conserve all resident species of fish and wildlife which the Secretary determines to be threatened or endangered may nevertheless qualify for cooperative agreement funds if they satisfy all other requirements and have plans to devote immediate attention to those species most urgently in need of conservation programs.

Subsec. (i). Pub. L. 95–212, § 1(2), substituted provisions authorizing appropriations of $10,000,000 to cover the period ending Sept. 30, 1977, and $16,000,000 to cover the period beginning Oct. 1, 1977, and ending Sept. 30, 1981, for provisions authorizing appropriations of not to exceed $10,000,000 through the fiscal year ending June 30, 1977.

### Statutory Notes and Related Subsidiaries

### Cooperative Agreements With States Unaffected by 1981 Amendment of Marine Mammal Protection Act

Nothing in the amendment of section 1379 of this title by section 4(a) of Pub. L. 97–58 to be construed as affecting in any manner any cooperative agreement entered into by a State under subsec. (c) of this section before, on, or after Oct. 9, 1981, see section 4(b) of Pub. L. 97–58, set out as a note under section 1379 of this title.