Other Federal Requirements

Natural Environment

Memorandum

SUBJECT: ACTION: Endangered Species Act

FROM: James Shrouds, Director, Office of Natural and Human Environment

TO: The Attention of Division Administrators and Division Environmental Staff (in both FLHP and Federal Aid Divisions)

DATE: February 22, 2005

Attached is important legal and program guidance on ESA consultation under Section 7. It was developed jointly between FHWA and USFWS. Please read it carefully, and rely on it in your coordination with F&WS. Note especially the provisions at the end for an elevation procedure in the event of not meeting the time frames outlined in this guidance.

This ESA guidance focused on USFWS since most states are dealing with species listed by USFWS. We expect this spirit of interagency cooperation will extend to the National Marine Fisheries Service as we continue to coordinate on joint training and integrated planning efforts to ensure ESA compliance for marine listed species.

I particularly want to thank Lance Hanf, Dan Mathis, and Mary Gray for their work in laying the foundation for this important guidance.