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Welcome to Nebraska Ecological Services Field Office Project Planning and Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7 Technical Assistance Website 

Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7 Consultation Technical Assistance Overview

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Context 

The Endangered Species Act of 1973�(Act) requires all Federal agencies to use their authorities to conserve endangered and threatened species in consultation with U.S. Fish and Wildlife Service (Service). Section 7(a)(2) directs all Federal agencies to ensure that the actions they authorize, fund, or carry out do not jeopardize the continued existence of or destroy or adversely modify federally designated critical habitat.

Section 7(a)(2) Responsibilities 

Under the Section 7 implementing regulations (), Federal agencies must review their actions to determine whether they may affect listed species or federally designated critical habitat. To accomplish this, Federal agencies must determine if listed species or critical habitat are within theâ€�action area. We explain how to do that inâ€�Step 1 of this guidance. 

If listed species or critical habitat may be present in the action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area , agencies must evaluate the potential effects of their action (seeâ€�Step 2 a²Ô»åâ€�Step 3 of this guidance). If none are present or affected, no consultation is required.

Step 1. Identify Presence

Determine the presence of listed species or critical habitat in the action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area

1.A. Action Area

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Action area refers to the area directly or indirectly affected by the proposed action. This area will usually be larger than the project footprint. To determine your action area, begin with the project footprint and add the area that will be impacted by the project actions. To identify the range of impacts, consider the effects the action may have on the environment such as:

• Ground disturbance
• Changes in ground or surface water quality or quantity
• Air quality impacts
• Lighting impacts
• Noise disturbance

1.B. Official Species List 

An official species list, sometimes referred to as a resource list, is a letter that assists in the evaluation of potential impacts of your project. It includes a list of federally listed species and designated critical habitats that may be in your action area and should be considered under Section 7 of the Endangered Species Act. Use the Service's Information for Planning and Consultation () system to generate an official species list following the steps below.

1. Navigate to IPaC IPaC
   Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process
   
   Learn more about IPaC . Note: A beta version of IPaC is available for testing at . This beta version should be used for testing projects only. The use of the beta version does not generate an official record and cannot be reviewed by Service staff.
2. Click “Log Inâ€� then “Create a New Projectâ€� or continue working on one of your saved projects. Enter your project location information. Please draw or upload your project action area. Confirm the location.
3. Click "Define the Project". Please enter the requested information (e.g., project name, project description). Click "Start Review."  Click "Continue."  Click "Yes, Request a Species List." Review information, select "lead agency" and project "classification".
4. Click “Submit official species list request".

1.C. Identify Species Presence

Each species requires specific resources and environmental conditions to support viable populations. To determine whether the species on your official species list may be present within the action area, begin by assessing whether suitable conditions exist. Compare the resource requirements outlined for each species in the official species list and in the with the known characteristics of your action area. For some projects and species, surveys are needed to identify species presence. If a survey is warranted, please review any relevant survey protocols and coordinate with the field office in advance. If suitable conditions exist and survey data is unavailable, assume species presence.

1.D. Identify Critical Habitat Presence

Critical habitat is an official designation under the Endangered Species Act. All Federal agencies must ensure that their actions are not likely to result in the destruction or adverse modification of the physical and biological features of federally designated critical habitat. In Nebraska, critical habitat is designated for the Salt Creek Tiger Beetle, Topeka Shiner, and Whooping Crane. To identify whether critical habitat exists in the action area, compare the physical and biological features outlined in the official species list and in the Nebraska Conservation Measures Document and your knowledge of the action area. 

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Step 2. Identify Effects

±õ²Ôâ€�step 1, you identified the presence of species and critical habitat in the action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area . In this step, you will determine whether your project may affect a listed species or critical habitat and whether consultation is required. 

2.A. Describe the action and the effects of the action

Stressors

•   Stressors are direct or indirect impacts to species or critical habitat as a result of the action. Identify the possible environmental consequences of the action that may result in alteration physical, chemical, or biological that can induce an adverse organism response. Deconstruct the action into its component parts to be sure that you do not miss any part of the action that could cause effects to the species.

Exposure

•  Determine whether any of the species are likely to be exposed to stressors caused by the proposed action. Consider all consequences of the action and assess the potential for each life stage of the species that occurs in the action area to be exposed to the stressors. Species may be exposed to stressors even if the species is not present when the project is implemented. For example, removal of northern long-eared bat maternity roost trees during the winter would affect females when they emerge from caves in the spring. 

Response

• Determine the possible response of species or critical habitat as a result of stressor exposure. Determine whether and how the species or critical habitat are likely to respond or change upon exposure. 

2.B. Make effect determinations

Consider the presence, stressors, exposure, and response of species and critical habitat identified above. Using this information, determine if the project actions may affect each listed species or critical habitat in the action area based on the categories listed below.

For threatened and endangered species and critical habitat:

The Federal action agency is responsible for making effect determinations for species with the status of threatened or endangered and designated critical habitat that are within the project action area. There are three determinations that can be assigned to each species on the official species list: "No effect", "May affect, not likely to adversely affect", or "May affect, likely to adversely affect". See Table 2 for more details on effect determinations. Based on your assessment of the project, determine which of the following effect outcomes is appropriate for each species.

• No effect: This determination means there are zero possible effects to the species and may be appropriate if the species is not present in the action area or there are no relevant stressors.
• May affect, not likely to adversely affect: This determination means impacts to the species are possible, but they do not rise to the level of adverse impact on the species. In some cases, adverse impacts can be avoided or minimized through voluntary implementation of conservation measures. Conservation measures for Nebraska species are found on the Nebraska Conservation Measures Document. This determination may be appropriate if adverse impacts can be avoided or minimized through the implementation of conservation measures to the extent that the impacts to the species are considered discountable, insignificant, or wholly beneficial.
• May affect, likely to adversely affect: This determination means there is possible negative consequences to listed species or resources. These determinations require formal consultation and written concurrence from the Service.

For proposed, candidate, or species with other designations:

• No Jeopardy: This determination means the action is not reasonably expected to reduce the likelihood of the survival and recovery of a listed species.
• Jeopardy: This determination means the action may reasonably expected to reduce the likelihood of the survival and recovery of a listed species.

2.C. If you cannot conclude that the effects of the action will be wholly beneficial, insignificant, or discountable, check the Nebraska Conservation Measures Document to determine whether there any measures that may be implemented to avoid or minimize the negative effects.   

• If you modify your proposed action to include conservation measures, assess how inclusion of those measures will likely change the effects of the action.
• Conservation measures may, for example, alter or eliminate the exposure of species or critical habitat PBFs to stressors or they may modify how the species or PBFs are likely to respond to such exposure. Repeat Step 2 and document your conclusion, as appropriate. Be sure to identify the specific conservation measures you intend to incorporate and their associated biological consequences. 

Note that for some species or projects, will present you with Determination Keys.â€� You may be able to use one or more Determination Keys to reach an effect determination and conclude consultation on your action. 

2.D. If you cannot conclude that effects of the action will be wholly beneficial, insignificant, or discountable, contact the appropriate Nebraska Ecological Services Field Office at [email protected] for assistance. 

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Step 3. State Coordination

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In step 2, you determined the effects of the project actions on each listed species and designated critical habitat present in your action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area . In this step, you will coordinate with the state, Nebraska Game and Parks Commission (NGPC).

In addition, all federally listed species are also state listed under the Nebraska Nongame and Endangered Species Conservation Act. There may be state-listed species affected by the proposed project that are not federally listed. To determine if the proposed project may affect state-listed species, we recommend that the project proponent visit Nebraska Game and Park Commission Environmental Review webpage at  or contact the Nebraska Game and Parks Environmental Review team ([email protected]), Nebraska Game and Parks Commission, 2200 North 33rd Street, Lincoln, Nebraska 68503-0370, (402) 471-5554.

Step 4: Package submittal

In step 3, you coordinated with NGPC. In this step, you will prepare to submit consultation request to our office.

Upon completion of these steps, you have determined the effects of the project on the federally protected fish and wildlife resources in your action area. Using the materials you generated above, you can submit an informal consultation request to the Nebraska Ecological Services Field office to satisfy your ESA Section 7 Section 7
Section 7 Consultation The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.

Learn more about Section 7 consultation requirement. Please include all of the information listed below in an email titled with the IPaC IPaC
Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process

Learn more about IPaC project code, the project name, and "consultation request" to [email protected] 

1. IPaC generated Official Species List
2. Any applicable DKey results or verification letters
3. Biological assessment* that includes:
   1. Project name
   2. IPaC project code
   3. Internal agency project code (if applicable)
   4. Federal action agency / Federal nexus
   5. Project location (lat, long) a brief description and relevant maps
   6. Brief project description including all information from step 2.A.
   7. Request for informal consultation
   8. Effect determinations for all species and critical habitat listed in the official species list
   9. Justification for each effect determination
   10. Your contact information
4. State Coordination NGPC outcomes or communication

*PLEASE NOTE: IPaC offers the Consultation Package Builder (step 3 in IPaC) as a tool to generate a biological assessment. Consultation Package Builder is an optional service and is not required for project review. It is intended to help guide you through organizing the information needed for consultation. The biological assessment can also be generated in a word processor including all of the information above.

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