[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: 50CFR402.34]



[Page 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. 402.34  Oversight.



    (a) Through the periodic program evaluation set forth in the ACA, 

the Service will determine whether the implementation of this subpart by 

the Action Agency is consistent with the best available scientific and 

commercial information, the ESA, and section 7 regulations.

    (b) The Service Director may use the results of the periodic program 

evaluation described in the ACA to recommend changes to the Action 

Agency's implementation of the ACA. If and as appropriate, the Service 

Director may suspend any subunit participating in the ACA or exclude any 

subunit from the ACA.

    (c) The Service Director retains discretion to terminate the ACA if 

the Action Agency fails to comply with the requirements of this subpart, 

section 7 of the ESA, or the terms of the ACA. Termination, suspension, 

or modification of an ACA does not affect the validity of any NLAA 

determinations made previously under the authority of this subpart.