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Platte River Draft Programmatic Environmental Impact Statement <br />the Program in the applicable final biological opinion for the specific project. The Program, through its <br />programmatic biological opinion, only provides the ESA compliance measures for effects to the target <br />species and their designated critical habitats. <br />In order to comply with the ESA, Federal -nexus Program activities must complete site - specific <br />consultations for effects to non - target listed species. Water Action Plan projects and willing seller /lessor <br />of water activities are examples where the Program and the Service must consider other listed species <br />and consult under ESA Section 7 if needed. Depending on the significance of the Federal action, <br />additional NEPA analyses may also "tier" off the programmatic EIS. For example, prior to construction, <br />a site - specific NEPA evaluation must be conducted for the local (non- target species) effects of the <br />Pathfinder Modification Project. <br />Future Section 7 consultations could result in one of three possible outcomes for Federal -nexus projects <br />(note: non - Federal nexus projects do not consult under the ESA): <br />Complete a streamlined consultation (below) for an existing Federal project (i.e., the project is <br />"covered" by the Program's habitat and water management activities). <br />Complete a streamlined consultation for a new Federal project (i.e., the project is "covered" by <br />one of the Program's depletion management plans). <br />Complete Section 7 consultation without relying on Program activities. Individual water <br />project owners and operators would be responsible for complying with Section 7 of the ESA <br />(note: it is the project applicant's decision whether to elect to participate in the Program or not <br />for ESA compliance purposes). <br />A "streamlined" consultation is one where: (1) all ESA requirements for Section 7 consultation are still <br />completed, (2) the effects to the target species and their critical habitats were analyzed in the <br />programmatic EIS and programmatic biological opinion, and (3) the Program's actions or depletion <br />management plans can be used as ESA compliance measures for that project's effects to the target <br />species and their critical habitats in Nebraska. <br />See the "Water" section in the Governance Committee Program Document for a more detailed discussion <br />of the coordination between the Service, States, and the Governance Committee during Section 7 <br />consultations as part of the Program. <br />December 2003 <br />