[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: 50CFR402.34]

[Page 827]
 
                    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. 402.34  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.