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Section 7 of the Endangered Species Act of 1973

Section 7 of the Endangered Species Act of 1973. Office of Location and Environment. Purpose of Endangered Species Act. Insure that an action by FHWA will not jeopardize the continued existence of an endangered species or result in the destruction or

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Section 7 of the Endangered Species Act of 1973

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  1. Section 7 of the Endangered Species Act of 1973 Office of Location and Environment

  2. Purpose of Endangered Species Act Insure that an action by FHWA will not jeopardize the continued existence of an endangered species or result in the destruction or adverse modification of critical habitat, in accordance with Section 7(a)(2) of the Endangered Species Act. District Spring Meeting

  3. Purpose of Endangered Species Act Consult with the Services (and/or Iowa DNR) and use their assistance regarding FHWA’s duty to not jeopardize a listed species. District Spring Meeting

  4. Purpose of Endangered Species Act Promote stewardship and conservation of species and the habitats they depend on. Enhance certainty for all parties and reduce unanticipated project delays and costs. District Spring Meeting

  5. District Spring Meeting

  6. Section 7 Process Determine what species to look for: • Send letter to Iowa DNR http://www.iowadot.gov/ole/OLESite/Local.aspx?tabname=localce • Send letter to USFWS http://www.iowadot.gov/ole/OLESite/Local.aspx?tabname=localce District Spring Meeting

  7. District Spring Meeting

  8. Section 7 Process Describe the habitat in your project area: • Determine soil type http://websoilsurvey.nrcs.usda.gov/app/HomePage.htm • Describe vegetation • Provide photographs • Use habitat guidance for Topeka shiner and Indiana bat District Spring Meeting

  9. Section 7 Process Review Habitat Characteristics: Using the response letters from USFWS and Iowa DNR, look up the species cited on each agency’s website.The websites describe the habitats needed for each species.  http://www.fws.gov/midwest/endangered/lists/iowa_cty.html https://programs.iowadnr.gov/naturalareasinventory/pages/Query.aspx District Spring Meeting

  10. USFWS Habitat List: District Spring Meeting

  11. District Spring Meeting

  12. Iowa DNR Habitat List: District Spring Meeting

  13. District Spring Meeting

  14. District Spring Meeting

  15. District Spring Meeting

  16. Section 7 Process Is there Habitat?  • No – Complete the Determination of Effect Form and indicate that there is “No Effect”. Section 7 is Complete. • http://www.iowadot.gov/ole/OLESite/Local.aspx?tabname=localce • Yes–  Move on to the next step. District Spring Meeting

  17. Section 7 Process Determine if the project will affect potentially suitable habitat: • No – Complete the Determination of Effect Form and mark there is “No Effect”. Section 7 is Complete. • Yes–  Move on to the next step. District Spring Meeting

  18. Section 7 Process Are there measures that can be taken to avoid potential impacts to habitat? • Yes – Complete the Determination of Effect Form and mark there is “No Effect”, describe how it was avoided. Section 7 is Complete. • No– Move on to the next step. District Spring Meeting

  19. Section 7 Process Are there measures that can be taken to minimize potential impacts to habitat? • Yes – Complete the Determination of Effect Form and mark “May Affect – Not likely to adversely affect” with the noted measures. Complete letter exchange with Iowa DNR and Iowa DOT will consult with USFWS on behalf of Federal Highway Administration (FHWA). • No –Will require more coordination with Iowa DOT, USFWS, and Iowa DNR. District Spring Meeting

  20. Status of Current Events: Iowa DOT and FHWA are currently working on a Section 7 programmatic agreement with USFWS to exclude certain project types from review. Those projects types will be given a “no effect” determination. Reduce the amount of Section 7 Reviews. District Spring Meeting

  21. Status of Current Events: For projects needing review, the programmatic agreement will outline basic steps and measures to be taken. A new Instructional Memorandum via the DOT’s Office of Local Systems. It is intended that LPA’s will be able to clearly meet the requirements of the Endangered Species Act by following the new I.M. District Spring Meeting

  22. Status of Current Events: The timeline for this programmatic agreement is 6-12 months. Continue to work with your District Local Systems Engineer. District Spring Meeting

  23. Contact Information District Spring Meeting

  24. What is needed for NEPA? When submitting project concept include: • Environmental Data Sheet • Response letters from USFWS and Iowa DNR • Determination of Effect (consider all species from USFWS and Iowa DNR letters) • Photos of impact area (habitat) • Figure of Potential Impact Area (including all easements and fee titles) District Spring Meeting

  25. Questions District Spring Meeting

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