Response: A section has been added to the handbook on coordination with other environmental reviews which addresses how the NEPA and the section 7 processes can be undertaken simultaneously to minimize the need for extended consultation time frames.
A section has also been added to the handbook which outlines streamlined consultation processes which are currently ongoing between the Services and other agencies on various programs, and encourages the Services to look for ways to implement such processes for other existing programs.
Issue 5: Commenters requested that the handbook clarify the role and authority of Federal agencies in the section 7 process, and also clarify the involvement of State agencies, Tribal [[Page ]] governments, and other non-federal parties, especially applicants for Federal permits or funds. Response: The Services have revised the handbook to better recognize the authority of Federal action agencies and to stress that the Services will work cooperatively with these agencies during consultation, particularly in developing the scope of the proposed action, identifying adverse effects to listed species, developing reasonable and prudent alternatives to avoid jeopardy, and developing reasonable and prudent measures to minimize the impacts of incidental take.
The Services acknowledge that the action agency can best judge if an action is technologically feasible and within their authority to carry out. In addition, the Services have revised the handbook to encourage the inclusion of State and Tribal governments in the consultation process.
State and Tribal governments, as managers of land and wildlife resources, often have information and expertise available which is important to the consultation.
The Services are committed to notifying affected State and Tribal governments of ongoing consultations, and requesting that they supply any information pertinent to the consultation. While the Services recognize that it is the decision of the Federal action agency to include these governmental agencies in the formal consultation process, we will encourage Federal agencies to do so. Likewise, we will encourage the action agency to include entities such as local governments and outside interest groups.
Response: The Services have added language and examples, where appropriate, to clarify all section 7 processes that commenters questioned. We provided new flow charts for Informal, Formal, Early, and Emergency Consultation processes, and for Conference processes. Appendix C includes recent examples of various types of consultations. The handbook is approximately double-sided pages in length. The Services have made numerous reforms in the consultation handbook to encourage better coordination, shortened consultation timeframes, and streamlined consultation processes.
Improvements include:. Incorporating language and policies which encourage early coordination with all parties with an interest in the consultation, including other Federal agencies, applicants, State agencies, and Tribal governments. Such application shall set forth the reasons why the exemption applicant considers that the agency action meets the requirements for an exemption under this subsection.
B Upon receipt of an application for exemption for an agency action under paragraph 1 , the Secretary shall promptly i notify the Governor of each affected State, if any, as determined by the Secretary, and request the Governors so notified to recommend individuals to be appointed to the Endangered Species Committee for consideration of such application; and ii publish notice of receipt of the application in the Federal Register, including a summary of the information contained in the application and a description of the agency action with respect to which the application for exemption has been filed.
The denial of an application under subparagraph B shall be considered final agency action for purposes of chapter 7 of title 5, United States Code. Any final determination by the Committee under this subsection shall be considered final agency action for purposes of chapter 7 of title 5 of the United States Code.
If the Secretary makes a finding described in clause i , the Committee shall meet with respect to the matter within 30 days after the date of the finding. The Secretary of State shall, at the time of such certification, publish a copy thereof in the Federal Register. All necessary mitigation and enhancement measures shall be authorized prior to the implementing of the agency action and funded concurrently with all other project features.
Notwithstanding the preceding sentence the costs of such measures shall not be treated as project costs for the purpose of computing benefit-cost or other ratios for the proposed action. Any applicant may request the Secretary to carry out such mitigation and enhancement measures. The costs incurred by the Secretary in carrying out any such measures shall be paid by the applicant receiving the exemption. No later than one year after the granting of an exemption, the exemption applicant shall submit to the Council on Environmental Quality a report describing its compliance with the mitigation and enhancement measures prescribed by this section.
These alternatives are often developed with input and assistance from the agency itself. Alternatives must:. In some cases, the USFWS finds that an action may adversely affect a species, but not jeopardize its continued existence. Under most circumstances, the ESA prohibits take, which is defined as harming includes killing or harassing a listed species. Incidental take — take that results from a federal action but is not the purpose of the action — may be allowed when the USFWS approves it through an incidental take statement.
The statement includes the amount or extent of anticipated take due to the action, reasonable and prudent measures to minimize the take, and terms and conditions that must be observed when implementing those measures. With an BO that determines adverse effects, the agency can adopt the reasonable and prudent measures outlined in an incidental take statement and proceed with the project.
An agency may apply for an exemption if it believes it cannot comply with the requirements of the BO. To be considered by the Committee for an exemption, an agency must have carried out the consultation in good faith and made a reasonable effort to develop and consider modifications or alternatives to the proposed action.
It must also have completed a BA, and refrained from making any irreversible or irretrievable commitment of resources to the project during consultation. Click here to download the ESA Section 7 Handbook Section 7 directs all federal agencies to ensure that any action they authorize, fund, or carry-out does not jeopardize the continued existence of an endangered or threatened species or designated or proposed critical habitat collectively, referred to as protected resources.
Informal Section 7 Consultation The Section 7 process usually begins as informal consultation. West, Suite Bloomington, MN Enter Search Term s :.
Guidances Section 7 Consultation - A brief explanation of the consultation process Section 7 Consultation Slideshow - a narrated slideshow that provides a brief overview of Section 7.
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