[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR650.22]

[Page 520-522]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 650_COMPLIANCE WITH NEPA--Table of Contents
 
                Subpart B_Related Environmental Concerns
 
Sec. 650.22  Rare, threatened, and endangered species of plants and animals.

    (a) Background. (1) A variety of plant and animal species of the 
United States are so reduced in numbers that they are threatened with 
extinction. The disappearance of any of these would be a biological, 
cultural, and in some instances an economic loss. Their existence 
contributes to scientific knowledge and understanding, and their 
presence adds interest and variety to life.
    (2) The principal hazard to threatened and endangered species is the 
destruction or deterioration of their habitats by human activities such 
as industrialization, urbanization, agriculture, lumbering, recreation, 
and transportation. These activities of man will continue but the 
necessity of recognizing their adverse impacts and selecting 
alternatives that minimize or eliminate such impacts on threatened and 
endangered species is imperative.
    (3) The Endangered Species Act of 1973 (Pub. L. 93-205, 87 Stat. 884 
(16 U.S.C. 1531 et seq.)) provides a means whereby the ecosystems upon 
which endangered and threatened species depend may be maintained and a 
program

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for the conservation of such species. The Act also provides that, in 
addition to the Department of the Interior, ``All other federal 
departments and agencies shall, in consultation with and with the 
assistance of the Secretary (of Interior), utilize their authorities for 
the conservation of endangered species and threatened species listed 
pursuant to section 4 of this Act and by taking such action necessary to 
insure that actions authorized, funded, or carried out by them do not 
jeopardize the continued existence of such endangered species and 
threatened species or result in the destruction or modification of 
habitat of such species which is determined by the Secretary, after 
consultation as appropriate with the affected states, to be critical.'' 
The Act also:
    (i) Defines endangered species as any species in danger of 
extinction throughout all or a significant portion of its range and 
threatened species as any species likely to become an endangered species 
within the foreseeable future throughout all or a significant portion of 
its range. The Act uses the category ``threatened.'' The term ``rare'' 
is not used.
    (ii) Further defines species as including any subspecies of fish or 
wildlife or plants and any other group of fish and wildlife of the same 
species or smaller taxa in common spatial arrangements that interbreed 
when mature.
    (iii) Provides for the Secretary of the Interior to enter into 
cooperative agreements with states for the purpose of implementing state 
programs for the conservation of endangered and threatened fish and 
wildlife. This assistance may include financial grants.
    (iv) Provides national lists of endangered and threatened animal and 
plant species to be maintained by the Secretary of the Interior and 
published in the Federal Register. When resident fish and wildlife are 
added to the list, the affected states are to be consulted by the 
Secretary. The Secretary of the Smithsonian Institution is preparing a 
list of endangered or threatened plant species.
    (b) Policy. The Act gives NRCS additional direction for 
participation in the conservation and protection of endangered and 
threatened species. As the principal federal agency concerned with land 
use planning of privately owned rural land and with professional 
conservation employees headquartered in almost every county, NRCS is 
uniquely capable of playing a vital role. Additional training will be 
provided as needed to meet NRCS responsibilities. NRCS will assist in 
the conservation of threatened and endangered species and consistent 
with legal requirements avoid or prevent activities detrimental to such 
species. NRCS concern for these species will not be limited to those 
listed by the Secretary of the Interior and published in the Federal 
Register, but will include species designated by state agencies as rare, 
threatened, endangered, etc.
    (c) Responsibility--(1) NRCS national office. The Administrator will 
arrange for consultation and coordination of NRCS national office 
activities with the U.S. Fish and Wildlife Service, other federal 
agencies, and national organizations.
    (2) Technical service center. The TSC director will, within the 
group of states served by the TSC arrange for consultation and 
coordination with regional representatives of the U.S. Fish and Wildlife 
Service, other Federal agencies, and national and regional 
organizations.
    (3) NRCS state office. The state conservationist will arrange for 
consultation and coordination with the state fish and game or 
conservation agency, other state agencies, state organizations and 
foundations, conservation districts, and state representatives of 
federal agencies and national organizations.
    (d) Coordination and implementation. (1) The NRCS national office 
will:
    (i) Within the framework of national legislation, USDA agreements, 
and NRCS objectives, develop NRCS policies and directives for guiding 
agency efforts that will protect threatened and endangered species and 
for avoiding actions that jeopardize the continued existence of such 
species and their critical habitats.
    (ii) Maintain needed liaison and develop mutual understanding with 
the U.S. Fish and Wildlife Service and other concerned federal agencies.
    (iii) Establish procedures for periodic review of NRCS participation 
in the

[[Page 522]]

national effort to conserve these species.
    (2) The TSC director will: (i) Within the framework of NRCS policies 
and guidelines, arrange for needed liaison and understanding with 
regional counterparts of other federal agencies within the group of 
states served by the TSC and keep state conservationists informed of 
developments within such states.
    (ii) Provide guidance and assistance to state conservationists in 
carrying out NRCS policies and guidelines.
    (3) The state conservationist will develop procedures to establish 
working relationships with other concerned federal agencies, state fish 
and wildlife or conservation agencies, conservation districts, concerned 
scientists in state university systems and natural history museums, and 
other informed persons and organizations to offer assistance in:
    (i) Preparing or maintaining lists of the state's threatened and 
endangered species.
    (ii) Determining the geographic occurrence of endangered and 
threatened species, the nature of their habitat, and that portion of the 
habitat that is critical to the survival, maintenance, or increase of 
these species.
    (iii) Discussing the kinds of measures important to preserve their 
habitat.
    (iv) A monitoring program that would obtain advanced warning of 
actions or conditions that could further endanger these species, thereby 
enabling NRCS and others to take appropriate protective action.
    (v) Assisting recovery teams, as appropriate, in preparing species 
recovery plans of those endangered and threatened species included in 
Federal lists.
    (4) The state conservationist will also:
    (i) Keep NRCS area and field offices informed of species listed as 
being threatened or endangered, geographic area in which they are found, 
and information such as their numbers, preferred habitat, and critical 
factors.
    (ii) Review the status of threatened and endangered species each 
December and send a report of the review to the Administrator.
    (5) NRCS district conservationists within the geographic range of 
threatened and endangered species will examine conservation district 
programs and NRCS operations to evaluate their effects on these species, 
and recommend to district officials and the state conservationist any 
action needed for their protection.
    (6) NRCS field employees within the geographic range of threatened 
and endangered species will be continually alert to conditions, actions, 
or trends that may adversely affect the welfare of these species and 
report adverse situations to the state conservationist.