[Code of Federal Regulations]
[Title 50, Volume 7]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 50CFR402.31]

[Page 825-826]
 
                    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 
 
  Subpart C_Counterpart Regulations for Implementing the National Fire 
                                  Plan
 
Sec. 402.31  Purpose.

    The purpose of these counterpart regulations is to enhance the 
efficiency and effectiveness of the consultation process under section 7 
of the ESA for Fire Plan Projects by providing an optional alternative 
to the procedures found in Sec. Sec. 402.13 and 402.14(b) of this part. 
These regulations permit an Action Agency to enter into an Alternative 
Consultation Agreement (ACA) with the Service, as described in Sec. 
402.33, which will allow the Action Agency to determine that a Fire Plan 
Project is ``not likely to adversely affect'' (NLAA) a listed species or 
designated critical habitat without formal

[[Page 826]]

or informal consultation with the Service or written concurrence from 
the Service. An NLAA determination for a Fire Plan Project made under an 
ACA, as described in Sec. 402.33, completes the Action Agency's 
statutory obligation to consult with the Service for that Project. In 
situations where the Action Agency does not make an NLAA determination 
under the ACA, the Action Agency would still be required to conduct 
formal consultation with the Service when required by Sec. 402.14. This 
process will be as protective to listed species and designated critical 
habitat as the process established in subpart B of this part. The 
standards and requirements for formal consultation under subpart B for 
Fire Plan Projects that do not receive an NLAA determination are 
unchanged.