[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: 50CFR402.32]

[Page 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. 402.32  Scope.

    (a) Section 402.33 establishes a process by which an Action Agency 
may determine that a proposed Fire Plan Project is not likely to 
adversely affect any listed species or designated critical habitat 
without conducting formal or informal consultation or obtaining written 
concurrence from the Service.
    (b) Section 402.34 establishes the Service's oversight 
responsibility and the standard for review under this subpart.
    (c) Nothing in this subpart C precludes an Action Agency at its 
discretion from initiating early, informal, or formal consultation as 
described in Sec. Sec. 402.11, 402.13, and 402.14, respectively.
    (d) The authority granted in this subpart is applicable to an Action 
Agency only where the Action Agency has entered into an ACA with the 
Service. An ACA entered into with one Service is valid with regard to 
listed species and designated critical habitat under the jurisdiction of 
that Service whether or not the Action Agency has entered into an ACA 
with the other Service.