section 7 of the endangered species act of 1973
DESCRIPTION
Section 7 of the Endangered Species Act of 1973. Office of Location and Environment. Purpose of Endangered Species Act. Insure that an action by FHWA will not jeopardize the continued existence of an endangered species or result in the destruction or - PowerPoint PPT PresentationTRANSCRIPT
Section 7 of the Endangered Species Act of 1973
Office of Location and Environment
District Spring Meeting 2
Purpose of Endangered Species Act
Insure that an action by FHWA will not jeopardize the continued existence of an endangered species or result in the destruction or adverse modification of critical habitat, in accordance with Section 7(a)(2) of the Endangered Species Act.
2/21/2014
District Spring Meeting 3
Purpose of Endangered Species Act
Consult with the Services (and/or Iowa DNR) and use their assistance regarding FHWA’s duty to not jeopardize a listed species.
2/21/2014
District Spring Meeting 4
Purpose of Endangered Species Act
Promote stewardship and conservation of species and the habitats they depend on.Enhance certainty for all parties and reduce unanticipated project delays and costs.
2/21/2014
District Spring Meeting 52/21/2014
District Spring Meeting 6
Section 7 Process
Determine what species to look for:• Send letter to Iowa DNR
http://www.iowadot.gov/ole/OLESite/Local.aspx?tabname=localce
• Send letter to USFWS http://www.iowadot.gov/ole/OLESite/Local.aspx?tabname=localce
2/21/2014
District Spring Meeting 72/21/2014
District Spring Meeting 8
Section 7 Process
Describe the habitat in your project area:• Determine soil typehttp://websoilsurvey.nrcs.usda.gov/app/HomePage.htm• Describe vegetation• Provide photographs• Use habitat guidance for Topeka shiner and
Indiana bat2/21/2014
District Spring Meeting 9
Section 7 Process
Review Habitat Characteristics:Using the response letters from USFWS and Iowa DNR, look up the species cited on each agency’s website. The websites describe the habitats needed for each species. http://www.fws.gov/midwest/endangered/lists/iowa_cty.html
https://programs.iowadnr.gov/naturalareasinventory/pages/Query.aspx2/21/2014
District Spring Meeting 10
USFWS Habitat List:
2/21/2014
District Spring Meeting 112/21/2014
District Spring Meeting 12
Iowa DNR Habitat List:
2/21/2014
District Spring Meeting 132/21/2014
District Spring Meeting 142/21/2014
District Spring Meeting 152/21/2014
District Spring Meeting 16
Section 7 Process
Is there Habitat? • No – Complete the Determination of Effect
Form and indicate that there is “No Effect”. Section 7 is Complete.
• http://www.iowadot.gov/ole/OLESite/Local.aspx?tabname=localce
• Yes – Move on to the next step.
2/21/2014
District Spring Meeting 17
Section 7 Process
Determine if the project will affect potentially suitable habitat:• No – Complete the Determination of Effect
Form and mark there is “No Effect”. Section 7 is Complete.
• Yes – Move on to the next step.
2/21/2014
District Spring Meeting 18
Section 7 Process
Are there measures that can be taken to avoid potential impacts to habitat? • Yes – Complete the Determination of Effect
Form and mark there is “No Effect”, describe how it was avoided. Section 7 is Complete.
• No – Move on to the next step.
2/21/2014
District Spring Meeting 19
Section 7 ProcessAre there measures that can be taken to minimize potential impacts to habitat?• Yes – Complete the Determination of Effect Form and
mark “May Affect – Not likely to adversely affect” with the noted measures. Complete letter exchange with Iowa DNR and Iowa DOT will consult with USFWS on behalf of Federal Highway Administration (FHWA).
• No – Will require more coordination with Iowa DOT, USFWS, and Iowa DNR.
2/21/2014
District Spring Meeting 20
Status of Current Events:
Iowa DOT and FHWA are currently working on a Section 7 programmatic agreement with USFWS to exclude certain project types from review. Those projects types will be given a “no effect” determination. Reduce the amount of Section 7 Reviews.
2/21/2014
District Spring Meeting 21
Status of Current Events:
For projects needing review, the programmatic agreement will outline basic steps and measures to be taken. A new Instructional Memorandum via the DOT’s Office of Local Systems. It is intended that LPA’s will be able to clearly meet the requirements of the Endangered Species Act by following the new I.M.
2/21/2014
District Spring Meeting 22
Status of Current Events:
The timeline for this programmatic agreement is 6-12 months. Continue to work with your District Local Systems Engineer.
2/21/2014
District Spring Meeting 23
Contact Information
2/21/2014
Mary Kay Solberg515.239.1741
District Spring Meeting 24
What is needed for NEPA?
When submitting project concept include:• Environmental Data Sheet• Response letters from USFWS and Iowa DNR• Determination of Effect (consider all species
from USFWS and Iowa DNR letters)• Photos of impact area (habitat)• Figure of Potential Impact Area (including all
easements and fee titles)
2/21/2014
District Spring Meeting 25
Questions
2/21/2014