[Code of Federal Regulations]

[Title 50, Volume 7]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 50CFR402.33]



[Page 752-753]

 

                    TITLE 50--WILDLIFE AND FISHERIES

 

CHAPTER IV--JOINT REGULATIONS (UNITED STATES FISH AND WILDLIFE SERVICE, 

 

PART 402_INTERAGENCY COOPERATION_ENDANGERED SPECIES ACT OF 1973, AS 

AMENDED--Table of Contents

 

  Subpart C_Counterpart Regulations for Implementing the National Fire 

                                  Plan

 

Sec. 402.33  Procedures.



    (a) The Action Agency may make an NLAA determination for a Fire Plan 

Project without informal consultation or written concurrence from the 

Director if the Action Agency has entered into and implemented an ACA. 

The Action Agency need not initiate formal consultation on a Fire Plan 

Project if the Action Agency has made an NLAA determination for the 

Project under this subpart. The Action Agency and the Service will use 

the following procedures in establishing an ACA.

    (1) Initiation: The Action Agency submits a written notification to 

the Service Director of its intent to enter into an ACA.

    (2) Development and Adoption of the Alternative Consultation 

Agreement: The Action Agency enters into an ACA with the Service 

Director. The ACA will, at a minimum, include the following components:

    (i) A list or description of the staff positions within the Action 

Agency that will have authority to make NLAA determinations under this 

subpart C.

    (ii) Procedures for developing and maintaining the skills necessary 

within the Action Agency to make NLAA determinations, including a 

jointly developed training program based on the needs of the Action 

Agency.

    (iii) A description of the standards the Action Agency will apply in 

assessing the effects of the action, including direct and indirect 

effects of the action and effects of any actions that are interrelated 

or interdependent with the proposed action.

    (iv) Provisions for incorporating new information and newly listed 

species or designated critical habitat into the Action Agency's effects 

analysis of proposed actions.

    (v) A mutually agreed upon program for monitoring and periodic 

program evaluation to occur at the end of the first year following 

signature of the ACA and periodically thereafter.

    (vi) Provisions for the Action Agency to maintain a list of Fire 

Plan Projects for which the Action Agency has made NLAA determinations. 

The Action Agency will also maintain the necessary records to allow the 

Service to complete the periodic program evaluations.

    (3) Training: Upon completion of the ACA, the Action Agency and the 

Service will implement the training program outlined in the ACA to the 

mutual satisfaction of the Action Agency and the Service.



[[Page 753]]



    (b) The Action Agency may, at its discretion, allow any subunit of 

the Action Agency to implement this subpart as soon as the subunit has 

fulfilled the training requirements of the ACA, upon written 

notification to the Service. The Action Agency shall at all times have 

responsibility for the adequacy of all NLAA determinations it makes 

under this subpart.

    (c) The ACA and any related oversight or monitoring reports shall be 

made available to the public through a notice of availability in the 

Federal Register.