Laserfiche WebLink
<br />Attachment <br /> <br />, ' <br /> <br />Application of NEPA to Recovery Plans and Recovery <br />Actions Under the Endangered Species Act <br /> <br />Recovery Plans <br /> <br />Section 4(g) of ESA authorizes the Secretary of the Interior to develop <br />and implement plans for the conservation and survival of endangered and <br />threatened species. Development and approval of recovery plans are <br />considered categorically excluded under the Department's categorical <br />exclusion 8(6) in 516 OM 6, Appendix 1 and under 1.10 in 516 OM 2, Appendix <br />1 based on their consultative and technical assistance nature and because <br />speci'fic proposed tasks in the plan will be subject later to the NEPA <br />process. This determination is indicated in a memorandum from the Director <br />to the Regional Directors (through Assistant Solicitor - Fish and Wildlife), <br />dated November 5, 1986. <br />, <br /> <br />In unusual cases when a recovery plan itself is the vehicle for implementing <br />a specific proposed recovery task, an EA or EISmay be required if the <br />action is determined to be a major Federal action affecting the quality of <br />the human environment or if there is a need to determine if the proposed <br />action will cause significant impacts (30 AM 3.9). <br /> <br />Section 1003 of the Endangered Species Act Amendments of 1988 requires <br />that prior to final approval of a new or revised recovery plan, the <br />Secretary of the Interior shall "provide public notice and an opportunity <br />for public review and comment on such plan." As appropriate, this <br />requirement may be consolidated with interagency cooperation procedures <br />required by other statutes, such as NEPA [50 CFR 402.06(a)]. Fish and <br />Wildlife Service's (FWS) policies and guidelines for recovery planning <br />were revised in May 1990. <br /> <br />Recovery Actions <br /> <br />~ <br />t <br /> <br />The lead Federal agency that proposes or implements a specific recovery <br />task is responsible for complying with NEPA. The implementation of a <br />specific proposed recovery task could require the preparation of an EA or <br />EIS if a determination is made that it is a major Federal action <br />significantly affecting the quality of the human environment or if there <br />is a need to determine if the proposed action will cause significant impacts <br />(30 AM 3.9). Examples include the EA on the Grizzly Bear Population <br />Augmentation Test in Montana, EA on the Recovery Implementation Program <br />for Endangered Fish Species in the Upper Colorado River Basin of Colorado, <br />Utah, and Wyoming, and EA on Fakahatchee Strand: A Florida Panther Habitat <br />Preservation Proposal. <br />