Streamlined Consultation Training Modules

1. Streamlined Consultation Training Modules Module #1 - Frequently Asked Questions on the Section 7 Consultation Process Module #2 - An Overview of Streamlined Consultation Procedures Module #3 - Conducting Effective and Efficient Streamlined Section 7 Consultations Module #4 - Procedures for Elevating Unresolved Issues under the Streamlining Consultation Process Module #5 - Overview of Counterpart Regulations Module #6 - An Overview of Streamlined Consultation Procedures for Line Officers and Managers   Prepared for The Northwest Interagency ESA Website: www.blm.gov/or/esa

2. Module 4: Procedures for Elevating Unresolved Issues under the Streamlining Consultation Process Introduction • The streamlining procedures for elevating issues were developed by the FS, BLM, FWS and NMFS to rapidly resolve issues and complete consultations. • Elevation of issues is appropriate when resolution is not forthcoming. • Elevating an issue should not be considered a “failure.” • Elevations can indicate that the system is working to identify problems of conflicting policy or interpretation of technical issues. • Elevation of unresolved issues is critical to streamlining. (See interagency memo dated November 27, 2001)

3. Module 4: Procedures for Elevating Unresolved Issues under the Streamlining Consultation Process Level 1 Team Procedures For Elevating Issues to the Level 2 Team • Level 1 teams have been successful in resolving most consultation issues through good communication, collaboration and hard work. • Despite best intentions, questions and conflicts can arise, such as the information needed to complete a BA, determinations of effect, consistency of an action with relevant guidelines, or terms and conditions necessary for minimizing incidental take. • Level 1 teams should elevate issues to Level 2 when differences prevent consensus within timeframes. • Elevation of an issue should not prevent the team from working on other aspects of the consultation, or other consultations.

4. Module 4: Procedures for Elevating Unresolved Issues under the Streamlining Consultation Process • Many issues are resolved by Level 1 or Level 2 teams by consulting the Regional Technical Team (RTT), Interagency Coordinators Subgroup (ICS), National Riparian Service Team, and others to help resolve issues, technical questions, process and policy issues, or interpretation of existing streamlining guidance. • Level 1 and Level 2 should use these resources before elevating issues . • Level 1 and 2 should also consult the July 1999 Streamlining Consultation Procedures for Section 7 of the ESA to see if guidance for the issue has already been provided.

5. Module 4: Procedures for Elevating Unresolved Issues under the Streamlining Consultation Process • Elevation can be initiated by a short letter signed by any of the Level 1 team members. • Attachment 5a in the July 1999 Streamlined Consultation Procedures for Section 7 of the ESA provides an example of an outline for a written elevation request by a Level 1 team. • The request for elevation should clearly and concisely: - state the basis for disagreement or concern, - discuss why consensus cannot be reached by the Level 1 team, and - include a position statement written by the member(s) elevating the issue. • The elevation letter need not describe the issue in detail or necessarily discuss solutions, but may include suggested remedies offered by Level 1 members.

6. Module 4: Procedures for Elevating Unresolved Issues under the Streamlining Consultation Process Review/Elevation ProcessInformation & Oversight Level 1 Team Regional Technical Team Level 2 Team Regional Executives Interagency Coordinators National Dispute Panel Diagram 1. Illustration of the elevation process

7. Module 4: Procedures for Elevating Unresolved Issues under the Streamlining Consultation Process Field Manager, District Ranger and Field Supervisor Procedures For Elevating Issues to the Level 2 Team • Deciding officials such as Field Managers, District Rangers or Field Supervisors may elevate issues with coordination from the Level 1 team. • Both the Level 1 team and the deciding official are responsible for providing all necessary information to the Level 2 team. • The same process of submitting a request (Attachment 5a) as described for the Level 1 team applies to deciding officials.

8. Module 4: Procedures for Elevating Unresolved Issues under the Streamlining Consultation Process Level 2 Team Procedures For Resolving Elevated Issues • Level 2 should try to resolve issues and discuss any elevation from Level 1 as quickly as possible, preferably within two weeks. • The goal is to review the issue, determine a course of action, and identify a decision timeframe. • An elevation to Level 2 should result in one of the following outcomes: - resolution of the issue and guidance to the Level 1 team (or deciding official); or - elevation to the Regional Executives. • Either outcome should be documented in a letter to the Level 1 team or deciding official. • Attachment 5b in the July 1999 Streamlined Consultation Procedures for Section 7 of the ESA provides an example of a Level 2 response.

9. Module 4: Procedures for Elevating Unresolved Issues under the Streamlining Consultation Process Level 2 Team Procedures For Elevating Issues to the Regional Executives • Level 2 should try to resolve the issue prior to elevating to the Regional Executives, including help from the RTT and ICS. • The ICS will work with Level 2, RTT, and others to address the issue(s), make recommendations, or suggest elevation to the Regional Executives. • If the issue is not resolved, Level 2 should elevate to the Regional Executives with a short letter about the issue, with a "cc" to the ICS chairperson. • Attachment 5c in the July 1999 Streamlined Consultation Procedures for Section 7 of the ESA provides an example letter for elevating issue(s). • The elevation packet should describe the actions taken by Level 2.

10. Module 4: Procedures for Elevating Unresolved Issues under the Streamlining Consultation Process Regional Executive Procedures For Resolving Elevated Issues • The Regional Executives will assign the ICS to work with the Level 2 team, RTT, and others to address the elevation. • The Regional Executives will make an interagency decision and provide a written response to the Level 1 and 2 teams. Regional Executive Procedures For Elevating Issues to the National Dispute Panel • If the Regional Executives cannot resolve an issue, they elevate to the National Dispute Panel, along with information from the Level 1 and Level 2 teams. • When resolved, the response from the Panel will be routed through the Regional Executives and then from Level 2 to Level 1 for action.

11. Module 4: Procedures for Elevating Unresolved Issues under the Streamlining Consultation Process Modification of Procedures For Elevated Issues • Level 1 and 2 teams are encouraged to develop local elevation procedures that serve their circumstances in resolving issues quickly and constructively. • Local elevation procedures should address: - formats for written documentation, - joint Level 1 and 2 team discussions, and - time frames for a Level 2 team response.