+-------+-----------------------+----------+----+---------------------+
| >     | > 2670/5100           |          | >  | July 6, 2004        |
|  File |                       |          |  D |                     |
| >     |                       |          | at |                     |
| Code: |                       |          | e: |                     |
+-------+-----------------------+----------+----+---------------------+
| >     |                       |          |    |                     |
| Route |                       |          |    |                     |
| > To: |                       |          |    |                     |
+-------+-----------------------+----------+----+---------------------+
|       |                       |          |    |                     |
+-------+-----------------------+----------+----+---------------------+
| > Sub | > Counterpart         |          |    |                     |
| ject: | > Regulations for     |          |    |                     |
|       | > Consultation under  |          |    |                     |
|       | > the Endangered      |          |    |                     |
|       | > Species Act         |          |    |                     |
+-------+-----------------------+----------+----+---------------------+
|       |                       |          |    |                     |
+-------+-----------------------+----------+----+---------------------+
| > To: | > Forest Supervisors, |          |    |                     |
|       | > RO Staff Directors, |          |    |                     |
|       | > CRGNSA Manager      |          |    |                     |
+-------+-----------------------+----------+----+---------------------+
|       |                       |          |    |                     |
+-------+-----------------------+----------+----+---------------------+
|       |                       |          |    |                     |
+-------+-----------------------+----------+----+---------------------+

Please reference the Washington Office letter (Enclosure 4) on the
Counterpart Regulations, authorized by 50 CFR 402.04 for consultation
under Section 7 of the Endangered Species Act, which allow the Forest
Service (FS) to make "not likely to adversely affect" (NLAA)
determinations for listed species or designated critical habitat without
obtaining written concurrence from the U.S. Fish and Wildlife Service
(FWS) and National Oceanic and Atmospheric Administration Marine
Fisheries Service (NOAA Fisheries) (FWS + NOAA = the Services) for
proposed actions that support the National Fire Plan (NFP).

We are very pleased to have this tool that was developed as part of the
Healthy Forest Initiative and is designed to help achieve implementation
of the fuels reduction and ecosystem restoration goals of the NFP. We
recommend that you closely review the WO letter, the Alternative
Consultation Agreement (ACA) (Enclosure 1), the directions on completing
the training course (Enclosure 2), and Questions and Answers (Enclosure
3) that have been developed as these materials lay out how the
counterpart regulations will be implemented.

The FS signed an ACA with the Services (March 3, 2004, Enclosure 1).
Each FS biologist, botanist, or ecologist who will be conducting effects
analyses for NFP projects, and each line officer responsible for
documenting compliance with the counterpart regulations, is required to
complete the web-based training (Enclosure 3). Journey-level biologists,
botanists, and ecologists are responsible for ensuring the adequacy of
Biological Evaluations and Biological Assessments with established FSM
2672.42 policy. Line officers with decision authority for the NFP
project being evaluated are responsible for documenting compliance with
the counterpart regulations. Appendix 1 of the ACA provides the form for
this documentation.

Each subunit (usually the Ranger District) will provide a list of names
of individuals who have completed the training requirements to the
appropriate local FWS Field Office (to the Field Office Supervisor) and
NOAA Fisheries prior to implementing the counterpart regulations. Please
send the letter to NOAA Fisheries via the e-mail address
([NMFS.nationalfireplan@noaa.gov](mailto:NMFS.Nationalfireplan@noaa.gov)),
and use the following letterhead:

> Laurie K. Allen, Director
>
> Office of Protected Resources
>
> NOAA Fisheries, SSMC3 - F/PR3
>
> 1315 East West Highway
>
> Silver Spring, MD 20910

After the training requirements have been met, the subunit must notify
the Services in writing that they will begin using the counterpart
regulations. Please send a copy of your list of trained personnel and
notification that you provide to the Services to Sarah Madsen, TES
Program Leader, in the Regional Office (<smadsen@fs.fed.us>).

It is critical that we maintain a complete project record for NFP
projects implemented under the counterpart regulations. In the future,
the WO may be adding this project tracking to the existing National Fire
Plan database. Until that time, please be sure to complete the form
included in Appendix 1 of the ACA for each project. The WO is developing
a form the field units will be able to use to maintain the list of
projects described in Section H of the ACA, so that information is
recorded consistently. We will forward the form when it is completed.

In addition, the FS, FWS, Bureau of Land Management, and NOAA Fisheries
developed the NFP Project Design and Consultation (PDC) process jointly
to identify criteria to reduce effects of a wide range of NFP projects.
Over 500 work elements are addressed, covering 50 species. The Services
have concurred with these criteria, which result in either "no effect"
or "may affect, not likely to adversely affect" determinations. For this
reason, use of these project design criteria, along with the
documentation and rationale provided by the process, is strongly
encouraged. The PDC process and documentation is located at
[www.or.blm.gov/fcp](../www.or.blm.gov/fcp).

The counterpart regulations and ACA can be viewed at the following site:
<http://endangered.fws.gov/consultations/forestplan.html>

If you have any questions regarding the counterpart regulations or ACA,
please contact\
Sarah Madsen at 503-808-2673 or Margaret Petersen at 503-808-2414.

  -----------------------------------------------------------------------

  /s/ Mike Ash (for)

  LINDA GOODMAN

  Regional Forester
  -----------------------------------------------------------------------

Enclosures:

1.  Alternative Consultation Agreement

2.  Training/Timeframe Information

3.  Frequently Asked Questions and Contacts

4.  Washington Office Letter

**Enclosure 1**

## ALTERNATIVE CONSULTATION AGREEMENT 

## TO IMPLEMENT SECTION 7 COUNTERPART REGULATIONS

**USDA FOREST SERVICE,**

**NATIONAL MARINE FISHERIES SERVICE**

**And**

**U.S. FISH AND WILDLIFE SERVICE**

**A. Background**

> 1\. This Alternative Consultation Agreement (ACA) has been prepared
> pursuant to the Joint Counterpart Endangered Species Act (ESA) Section
> 7 Consultation Regulations issued on December 8, 2003 (Federal
> Register, pages 68254-68265), to support implementation of the ESA.
> The counterpart regulations complement the general consultation
> regulations at 50 CFR 402 by providing an alternative process for
> completing section 7 consultations for Federal agency actions that
> authorize, fund, or carry out projects that support the National Fire
> Plan (NFP).
>
> 2\. The purpose of the counterpart regulations is to enhance the
> efficiency and effectiveness of the consultation process under section
> 7 of the ESA for NFP projects by providing an optional alternative to
> the procedures found in §§ 402.13 and 402.14(b) when the Forest
> Service determines a project is "not likely to adversely affect"
> (NLAA) any listed species or designated critical habitat.
>
> 3\. Implementation of the counterpart regulations and this ACA is
> expected to maintain the same level of protection for threatened and
> endangered species and designated critical habitat as under 50 CFR
> Part 402, Subpart B. It is expected that projects with NLAA
> determinations by the Forest Service would have been considered to be
> NLAA determinations by the National Marine Fisheries Service (NMFS) or
> U.S. Fish and Wildlife Service (FWS).

**B. Process and Procedures**

> 1\. The counterpart regulations (50 CFR 402.30 to 402.34) establish an
> alternative process for meeting the requirements of section 7 of the
> ESA on proposed projects that support the NFP, when the Forest Service
> determines that the project is NLAA any listed species and/or critical
> habitat. Fire Plan Projects (FPP) are actions determined by the Forest
> Service to be within the scope of the NFP, such as prescribed fire,
> mechanical fuels treatments (thinning and removal of fuels to
> prescribed objectives), emergency stabilization, burned area
> rehabilitation, road maintenance and operation activities, ecosystem
> restoration, and culvert replacement actions.

**C. Area of Implementation and Scope of Application**

1.  This agreement covers any Forest Service actions that authorize,
    fund, or carry out projects that support the NFP.

2.  All listed threatened, endangered and proposed species and all
    designated and proposed critical habitat are subject to this ACA.

3.  This ACA is effective upon signing by all parties.

4.  The Counterpart Regulations may be used after signing of the ACA,
    and when the required training has been completed. This ACA will
    remain in effect unless revoked by any party**.**

5.  Implementation of counterpart regulations and this ACA are subject
    to Forest Service Manual 2670.4 delegations of responsibilities.

**D. Personnel to Make NLAA Determinations and Document ESA Compliance**

1.  The counterpart regulations may be used by any Forest Service
    biologist, botanist or ecologist who conducts section 7 effects
    analyses for proposed actions that are Fire Plan Projects and make
    determinations of effect under the ESA and has completed the
    required training per section E. However, journey level biologists,
    botanists or ecologists are responsible for ensuring adequacy of
    biological evaluations and biological assessments with established
    FSM 2672.42 policy, and will be listed in Appendix 1.

2.  Responsibility for documenting compliance with the ESA under the
    counterpart regulations and for ensuring biologists have the
    required training lies with the line officer having decision
    authority for the project being evaluated, usually a District Ranger
    or a Forest Supervisor (FSM2670.45 and 2670.46). The form given in
    Appendix 1 will be used to document this for each applicable
    project.

**E. Developing and Maintaining Skills Necessary**

1.  The FWS, NMFS and Forest Service have developed a training program
    to provide Forest Service personnel identified in D. with the
    necessary skills to ensure consistent use and application of the
    standards of review as described in the ESA, the section 7
    implementing regulations, and the Consultation Handbook.

2.  The training program will be delivered via a web based system with
    one national meeting for regional contacts from the Forest Service,
    NMFS and FWS. The web based system will be delivered within 2 months
    of this agreement being signed. The national meeting may be used to
    train a select number of Forest Service subunits.

3.  The training program will include a mutually agreeable section 7
    curriculum developed and approved by NMFS and FWS to ensure that the
    Forest Service consistently uses and applies the standards of review
    as described in the ESA, the section 7 implementing regulations, the
    Consultation Handbook, and other existing training materials.

4.  Specifically, the training curriculum will consist of background on
    the regulation, the procedures outlined in this agreement, standards
    for conducting the not likely to adversely affect determination, as
    discussed in number E. 3, above, and developing administrative
    records.

5.  The Forest Service will maintain the skill level of its workforce
    who uses the Counterpart Regulations by developing and supporting
    the web-based training program. The web based training will be
    updated as needed.

6.  Line officers are responsible for documenting compliance with the
    ESA under the counterpart regulations and for ensuring biologists,
    botanists and ecologists have sufficient training. These line
    officers will be required to take the web-based training.

7.  Forest Service will identify those individuals who have completed
    the appropriate training on the counterpart regulations, and provide
    the Washington Office of the FWS and NMFS Director of Protected
    Resources in Silver Spring, Maryland, with a list of the names of
    these individuals, as well as of any additional personnel who
    subsequently complete this training.

8.  Each subunit that has fulfilled the training requirements must
    notify the appropriate FWS Field Office and NMFS' Director of
    Protected Resources in Silver Spring, Maryland, in writing, prior to
    implementing the counterpart regulation.

**F. Standards of Project Review**

> 1\. In assessing effects of proposed NFP actions, the Forest Service
> will consider the following standards in making NLAA determinations
> regarding individuals of the species or constituent elements of
> critical habitat: (1) direct and indirect effects of the proposed
> action, (2) effects of inter-related or inter-dependent actions, (3)
> the environmental baseline, and (4) whether effects are insignificant,
> discountable, wholly beneficial, or adverse.
>
> 2\. In so doing, the Forest Service must consider the best scientific
> and commercial data available and must provide a reasoned explanation
> for its conclusions.

**G. Incorporating New Information**

1.  National Forests and Grasslands shall maintain accurate, updated
    lists of threatened and endangered species and critical habitat that
    either occurs on National Forest System (NFS) lands or that could be
    affected by actions authorized, funded or carried out on NFS lands.

2.  When a species or critical habitat is proposed for listing or
    designation the FWS or NMFS will notify the Forest Service. Prior to
    or at the time of final listing or designation the FWS or NMFS will
    provide to the Forest Service any information that would be relevant
    to conducting an effects analysis for that species. Upon request,
    NMFS and FWS will provide the Forest Service with assistance
    relevant to conducting effects analysis for the proposed species;
    however, the obligation to obtain the best available scientific and
    commercial data is the Forest Service's ongoing responsibility under
    section 7(a) (2) of the ESA.

3.  The FWS and NMFS agree to share any new information on currently
    listed species and designated critical habitat that the FWS or NMFS
    receive that is relevant to conducting effects determinations. Upon
    request, NMFS and FWS will provide the Forest Service with
    assistance in determining whether their actions may affect listed
    species, where additional scientific and commercial data would
    provide a better information base from which to formulate an effects
    determination, and whether formal consultation is required.

4.  After determinations of effect are made and during actual project
    implementation under the counterpart regulations, the Forest Service
    shall consider any significant new information about the species,
    the action and the action area, as applicable, to ensure there is no
    new basis for different determinations of effect, additional
    determinations of effect, or a need to consult with the NMFS or FWS
    regarding ongoing projects. New species listings and new species
    occurrences in project areas are two examples of such new
    information.

**H. Maintaining a List and Record of Fire Plan Projects**

> 1\. Forest Service field units will maintain a list of NFP projects
> for which the counterpart consultation regulations were used.
> Annually, by March 1, each National Forest will provide their Regional
> Office with a list of NFP projects for which the counterpart
> regulations were used. This will include the project name, type of
> Fire Plan Project (e.g., thinning, prescribed fire, etc.), and a list
> of threatened or endangered species for which a NLAA determination was
> made. The Region, through the Washington Office of the Forest Service,
> will provide NMFS and FWS with these lists.
>
> 2\. The Forest Service will document the analysis used in making the
> NLAA determination in a biological assessment or a biological
> evaluation. The biological evaluation and/or biological assessment
> document will be used in the monitoring and periodic program
> evaluation.

**I. Monitoring and Periodic Program Evaluation**

> 1\. The purpose of the monitoring program is to evaluate whether the
> Forest Service is making NLAA determinations consistent with the best
> available scientific and commercial information, and in compliance
> with the ESA and the section 7 regulations.
>
> 2\. The monitoring program will be national in scope, with samples
> based at the subunit level (Ranger District) and completed one year
> following implementation of the regulation. The monitoring program
> will be conducted every three years following the first year.
>
> 3\. A national monitoring team (Team) will be comprised of individuals
> from the FWS, NMFS and Forest Service. The FWS and NMFS team members
> will be responsible for conducting the evaluation, with the Forest
> Service members available to provide any needed context and
> clarifications, and to answer questions on projects.
>
> 4\. As part of their annual project reporting requirement, each
> subunit (Ranger District) that uses the counterpart regulations must
> complete the procedural checklist certifying that the procedural
> requirements have been met (Appendix 2), and submit it annually by
> March 1 to its respective Forest Service regional office. If the
> procedural requirements have not been met, the subunit will discuss
> the appropriate remedies in the certification memo. The Forest Service
> will provide the Team with this information.
>
> 5\. The Team will take a random sample of projects from the Forest
> Service national list of fire plan projects that received NLAA
> determinations during the period under review. The sample will be
> sufficient to allow the FWS and NMFS to determine with a mutually
> agreed upon level of confidence that the Forest Service is making the
> determinations appropriately.
>
> 6\. The Forest Service will provide the Team with the biological
> assessment or biological evaluation for each project that has been
> selected.
>
> 7\. The Team will evaluate whether the Forest Service considered
> relevant information and used the best scientific and commercial data
> available in evaluating effects of the proposed action on listed
> species and critical habitat and in making the NLAA determination. It
> also will evaluate whether the Forest Service demonstrated a rational
> connection between that information, the proposed action and the NLAA
> determination. This includes identification of any direct effects,
> indirect effects, effects of any interrelated actions or
> interdependent actions and a description of how the effects are
> insignificant, discountable and/or beneficial.
>
> 8\. The Team will use the Evaluation Form (Appendix 3) to document
> results of each project review. If all of the determinations were made
> appropriately then no further remedy is needed. If a determination is
> found to be inappropriate, more intensive sampling of that office's
> National Fire Plan project records may be warranted. Corrective
> actions will be identified by the Team.
>
> For example, if the Team determines several determinations made for a
> fuel treatment project were not made consistent with the best
> available scientific and commercial information, the ESA, and the
> section 7 regulations, then the Team may recommend further focused
> review of determinations for similar types of projects.
>
> 9\. Within 45 days of completing the evaluation, a monitoring report
> will be prepared by the Team. Based on the results, the FWS and NMFS
> Service Directors may recommend changes to the Forest Service
> implementation of the ACA. If necessary, NMFS and/or FWS may suspend
> or exclude any subunit from participating under the ACA, or otherwise
> terminate or suspend this ACA.
>
> 10\. A Federal Register notice of monitoring report availability will
> be prepared by the NMFS or FWS, and the monitoring report will be
> posted on a NMFS and/or FWS website.

[\_/s/ Dale N. Bosworth\_\_\_\_\_\_\_\_\_\_\_\_]{.underline} \_[March 2,
2004]{.underline}\_\_\_

Dale N. Bosworth Date

Chief, Forest Service

[\_/s/ William T. Hogarth\_ \_\_\_]{.underline} \_[March 3,
2004]{.underline}\_\_\_

William T. Hogarth Date

Assistant Administrator for NOAA Fisheries

[\_/s/ Steve Williams\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}
\_[March 3, 2004]{.underline}\_\_\_

Steven A. Williams Date

Director, U.S. Fish and Wildlife Service

**Appendix 1**

**\
NATIONAL FIRE PLAN PROJECT\
ESA COMPLIANCE STATEMENT**

**PROJECT COMPLIANCE WITH THE ENDANGERED SPECIES ACT**

**CONSULTION REQUIREMENTS, USING THE**

**COUNTERPART CONSULTATION REGULATIONS**

**USDA FOREST SERVICE**

PROJECT NAME:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

STATE:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

FOREST SERVICE REGION:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

NATIONAL FOREST/GRASSLAND:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

RANGER DISTRICT:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DATE OF COMPLETED BE or BA:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

NAME OF JOURNEY-LEVEL BIOLOGIST, BOTANIST OR ECOLOGIST WHO ENSURED THE
ADEQUACY OF THE BE or BA:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

As proposed this project is within the scope of, and will support, the
National Fire Plan, because:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

The Not Likely to Adversely Affect (NLAA) effects analysis completed and
documented in the above BE or BA was done under the Section 7
counterpart regulations of the Endangered Species Act (Federal Register,
December 8, 2003), and is in compliance with those regulations and the
March 3, 2004 Alternative Consultation Agreement between the Forest
Service, FWS and NMFS.

SIGNATURE OF LINE OFFICER:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

NAME OF LINE OFFICER:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TITLE OF LINE OFFICER:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

DATE:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Appendix 2

Procedural Checklist to Certify that\
Procedural Requirements Have Been Met\
Pursuant to the ACA

(To be prepared by each Forest Service Ranger District for use by the
Monitoring Team)

Region \_\_\_\_\_\_\_\_Name of Forest and District
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ Certifying Line Officer
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

+---+--------------------------------------------------------+-----+-----+
| * |                                                        | ##  | ##  |
| * |                                                        | Yes |  No |
| C |                                                        |     |     |
| r |                                                        |     |     |
| i |                                                        |     |     |
| t |                                                        |     |     |
| e |                                                        |     |     |
| r |                                                        |     |     |
| i |                                                        |     |     |
| o |                                                        |     |     |
| n |                                                        |     |     |
| * |                                                        |     |     |
| * |                                                        |     |     |
|   |                                                        |     |     |
| C |                                                        |     |     |
| o |                                                        |     |     |
| n |                                                        |     |     |
| s |                                                        |     |     |
| u |                                                        |     |     |
| l |                                                        |     |     |
| t |                                                        |     |     |
| i |                                                        |     |     |
| n |                                                        |     |     |
| g |                                                        |     |     |
| a |                                                        |     |     |
| n |                                                        |     |     |
| d |                                                        |     |     |
| R |                                                        |     |     |
| e |                                                        |     |     |
| v |                                                        |     |     |
| i |                                                        |     |     |
| e |                                                        |     |     |
| w |                                                        |     |     |
| i |                                                        |     |     |
| n |                                                        |     |     |
| g |                                                        |     |     |
| B |                                                        |     |     |
| i |                                                        |     |     |
| o |                                                        |     |     |
| l |                                                        |     |     |
| o |                                                        |     |     |
| g |                                                        |     |     |
| i |                                                        |     |     |
| s |                                                        |     |     |
| t |                                                        |     |     |
| s |                                                        |     |     |
| h |                                                        |     |     |
| a |                                                        |     |     |
| v |                                                        |     |     |
| e |                                                        |     |     |
| : |                                                        |     |     |
+---+--------------------------------------------------------+-----+-----+
| 1 | Access to current published biological and ecological  |     |     |
|   | information                                            |     |     |
+---+--------------------------------------------------------+-----+-----+
| 2 | Access to current published biological and ecological  |     |     |
|   | information relevant to the conservation of the        |     |     |
|   | threatened and endangered species and designated       |     |     |
|   | critical habitat                                       |     |     |
+---+--------------------------------------------------------+-----+-----+
| 3 | Access to information on the methods and procedures    |     |     |
|   | for environmental assessments                          |     |     |
+---+--------------------------------------------------------+-----+-----+
| 4 | Access to current information on the environmental     |     |     |
|   | consequences of human actions on threatened and        |     |     |
|   | endangered species and designated critical habitat     |     |     |
+---+--------------------------------------------------------+-----+-----+
| 5 | Access to current information on the success or        |     |     |
|   | failure of actions intended to minimize affects on     |     |     |
|   | threatened and endangered species and designated       |     |     |
|   | critical habitat                                       |     |     |
+---+--------------------------------------------------------+-----+-----+
| 6 | Access to continued agency training and guidance on    |     |     |
|   | section 7                                              |     |     |
+---+--------------------------------------------------------+-----+-----+
| 7 | Access to biological assessment template and other     |     |     |
|   | tools where applicable (e.g., Northwest regional       |     |     |
|   | consultation tools)                                    |     |     |
+---+--------------------------------------------------------+-----+-----+

Appendix 3

Evaluation of Determination of Effects

Documents that Support NLAA Determinations

(To be used by the Monitoring Team)

Action Agency \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_Name of
Subunit \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name of
Project\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Team Representative \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

+---+--------------------------------------------------------+----+----+
| * |                                                        | ## | #  |
| * |                                                        |  Y | #  |
| P |                                                        | es | No |
| r |                                                        |    |    |
| o |                                                        |    |    |
| d |                                                        |    |    |
| u |                                                        |    |    |
| c |                                                        |    |    |
| t |                                                        |    |    |
| / |                                                        |    |    |
| C |                                                        |    |    |
| r |                                                        |    |    |
| i |                                                        |    |    |
| t |                                                        |    |    |
| e |                                                        |    |    |
| r |                                                        |    |    |
| i |                                                        |    |    |
| o |                                                        |    |    |
| n |                                                        |    |    |
| * |                                                        |    |    |
| * |                                                        |    |    |
+---+--------------------------------------------------------+----+----+
| 1 | Identifies proposed action clearly (includes a         |    |    |
|   | description of the various components of the action)   |    |    |
+---+--------------------------------------------------------+----+----+
| 2 | Identifies spatial and temporal patterns of the        |    |    |
|   | action's direct and indirect environmental effects,    |    |    |
|   | including direct and indirect effects of interrelated  |    |    |
|   | and interdependent actions                             |    |    |
+---+--------------------------------------------------------+----+----+
| 3 | Identifies Action Area clearly (based on information   |    |    |
|   | in 2.)                                                 |    |    |
+---+--------------------------------------------------------+----+----+
| 4 | Identifies all threatened and endangered species and   |    |    |
|   | any designated critical habitat that may be exposed to |    |    |
|   | the proposed action (includes a description of         |    |    |
|   | spatial, temporal, biological characteristics and      |    |    |
|   | constituent habitat elements appropriate to the        |    |    |
|   | project assessment)                                    |    |    |
+---+--------------------------------------------------------+----+----+
| 5 | Compares the distribution of potential effects         |    |    |
|   | (identified in 2) with the threatened and endangered   |    |    |
|   | species and designated critical habitat (identified in |    |    |
|   | 4) and establishes, using the best scientific and      |    |    |
|   | commercial data available, that (a) exposure is        |    |    |
|   | improbable or (b) if exposure is likely, responses are |    |    |
|   | insignificant, discountable, or wholly beneficial      |    |    |
+---+--------------------------------------------------------+----+----+
| 6 | Determination is based on best available scientific    |    |    |
|   | and commercial information                             |    |    |
+---+--------------------------------------------------------+----+----+

**Enclosure 2**

**Training Course for the**

**Endangered Species Act Counterpart Regulations**

A training course has been developed by the agencies responsible for the
counterpart regulations, and is available online for those who will be
using the regulations. Employees required to take the training include
action agency biologists, botanists and ecologists who conduct section 7
effects analyses for proposed actions that are Fire Plan Projects and
make determinations of effect under the Endangered Species Act, and line
officers who have decision authority for such projects (see Alternative
Consultation Agreement under "Resources".

**Accessing the Training Course**

1.  <http://www.ntc.blm.gov/blm_1386/html/gateway/ie/launcher.htm?C_ID=&Mode>=

2.  If a second screen appears asking whether to close a window, enter
    yes.

3.  If the display is too small, it can be made larger by right clicking
    on an open area of the desktop screen. Click on "properties",
    settings, and change the "screen resolution" to 800 x 600 pixels
    (change back after completing the course).

4.  To navigate the course follow the arrows, or click on "Go to Course
    Map". Take advantage of the Glossary, Resources, and Help sections
    at the top of the screen. An audio feature is also available

**Examination**

After completing the training course content material, counterpart
regulations users are required to pass a certification exam. Click on
"Certification Examination Link" on the last page of the course summary
to access the exam. Fill in all required information fields to ensure
the certification is registered with the agency.

**Time Requirement**

The training course and certification exam should take one to two hours
if the user is already familiar with the counterpart regulations and the
Alternative Consultation Agreement. Note that the separate certification
exam must be completed in a single session.

**Other Materials**

Please review the Alternative Consultation Agreement (ACA) to
familiarize yourself with reporting requirements. Attached for your use
is a table outlining the timeframes with important dates and materials
that must be provided internally or to the Services so that action
agency use of the counterpart regulations is consistent with the
requirements identified in the counterpart regulations and in the ACA.

**Further Questions**

If you have any questions or experience technical problems in accessing
training course material and certification exam, please contact:

**Forest Service:** David Pivorunas, 202-205-1213; or Marc Bosch,
202-205-1213

**BLM:** Peggy Olwell, 202-452-7764; or Karl Stein, 530-224-2156

**Timeframes for Counterpart Regulations Implementation Actions,**

**Consistent with the Regulations and the Forest Service and BLM**

**Alternative Consultation Agreements (ACA)**

+---------------------------------------------+------------+----------+
| **Activity**                                | **T        | **Ref    |
|                                             | imeframe** | erence** |
+---------------------------------------------+------------+----------+
| 1\. Alternative Consultation Agreement      | March 3,   | Regs.,   |
| (ACA) is signed                             | 2004       | ACA      |
+---------------------------------------------+------------+----------+
| 2\. Training is delivered to end users      | Within two | Regs.,   |
|                                             | months of  |          |
|                                             | ACA        | ACA, E.  |
|                                             | approval   | 2.       |
+---------------------------------------------+------------+----------+
| 3\. Training is completed for some end      | May 2004   | ACA, E.  |
| users.                                      | and        | 7.       |
|                                             | thereafter |          |
| With information from the training module,  |            |          |
| the action agency provides FWS and NMFS     |            |          |
| WO's with names.                            |            |          |
+---------------------------------------------+------------+----------+
| 4\. Training is completed for some end      | May 2004   | ACA, E.  |
| users. When done for any subunit, the       | and        | 8.       |
| subunit notifies FWS and NMFS of this, and  | thereafter |          |
| starts using the regulations. **1/**        |            |          |
+---------------------------------------------+------------+----------+
| 5\. FS and BLM subunits maintain lists of   | March 1,   | ACA,     |
| projects for which Regulations were used,   | 2005, and  | H.1.     |
| and submit lists to the respective FS       | annually   |          |
| Regional or BLM State Offices.              | thereafter |          |
|                                             |            |          |
| (That info. is provided to FS and BLM       |            |          |
| Washington Offices, who provide it to FWS   |            |          |
| and NMFS Washington Offices.)               |            |          |
+---------------------------------------------+------------+----------+
| 6\. Each subunit completes procedural       | March 1,   | ACA, I.  |
| checklist and submits it to the respective  | 2005, and  | 4.       |
| FS Regional or BLM State Offices. (That     | annually   |          |
| info. is provided to FS and BLM Wash.       | thereafter |          |
| Offices, who provide it to FWS and NMFS     |            |          |
| Wash. Offices.)                             |            |          |
+---------------------------------------------+------------+----------+
| 7\. Monitoring program is done by           | April 2005 | ACA, I.  |
| Monitoring Team. The team will determine    | and every  | 5.       |
| sample size and select a random sample of   | 3 years    |          |
| projects. Those project BEs and BAs will be | thereafter |          |
| submitted to the team.                      |            |          |
+---------------------------------------------+------------+----------+
| 8\. Monitoring team submits monitoring      | 45 days    | ACA, I.  |
| report to FWS and NMFS                      | after      | 9.       |
|                                             | completing |          |
|                                             |            |          |
|                                             | evaluation |          |
+---------------------------------------------+------------+----------+
| 9\. FR notice of monitoring report          | When       | ACA, I.  |
| availability is posted by FWS or NMFS and   | monitoring | 10       |
| report is posted on a website.              | report     |          |
|                                             | done       |          |
+---------------------------------------------+------------+----------+

**1/** To send a formal letter(s) that a subunit has completed training
and plans to implement the counterpart regulation, the NMFS email and
address are (email is preferred):

<NMFS.Nationalfireplan@noaa.gov> Laurie K. Allen, Director

> Office of Protected Resources
>
> NOAA Fisheries, SSMC3 - F/PR3
>
> 1315 East West Highway
>
> Silver Spring, MD 20910

For the FWS, send the letter to the subunit's normal FWS Field Office
Supervisor(s).

5 May 2004

**Enclosure 3**

**Counterpart Regulations**

**Frequently Asked Questions (FAQs)\
on Implementing the Counterpart Regulations\
for National Fire Plan Projects**

**References:**

Counterpart Regulations, Federal Register, December 8, 2003

<http://a257.g.akamaitech.net/7/257/2422/14mar20010800/edocket.access.gpo.gov/2003/pdf/03-30393.pdf>

Alternative Consultation Agreements, March 3, 2004

<http://www.blm.gov/nhp/spotlight/counterpart_regulations/BLM_ACA.pdf>

<http://www.fs.fed.us/biology/tes/index.html>

**1. Question:** What is the purpose of the Counterpart Regulations?

**Answer:** The purpose is to enhance the efficiency and effectiveness
of the consultation process under section 7 of the ESA for Fire Plan
Projects (FPP).

**2. Question:** How do the Counterpart Regulations relate to the
Healthy Forest Initiative and National Fire Plan (NFP)?

**Answer:** They were developed as part of the Initiative and are
designed to help achieve implementation of the fuels reduction and
ecosystem restoration goals of the NFP.

**3. Question:** Who has the responsibility for conducting and
documenting NLAA determinations made under the counterpart regulations?

**Answer:** The action agency.

**4. Question:** Is the same level of protection for TEP
species/Critical Habitat expected when implementing the counterpart
regulations?

**Answer:** Yes, Action Agency effects analyses will be the same as is
done now, and the level of protection is expected to be the same.

**5. Question:** If I make an NLAA determination for a National Fire
Plan project, will I still need written concurrence from the FWS or
NMFS?

**Answer:** No. Under the counterpart regulation, the action agency's
responsibility to do effects analysis and potentially make and document
a NLAA determination and compliance with the counterpart regulation now
becomes the final consultation requirement under the ESA.

**6. Question:** What kinds of projects can I use the counterpart
regulations on?

**Answer:** Projects that support the National Fire Plan.

**7. Question:** How do I determine whether a project supports the
National Fire Plan?

**Answer:** Based on project objectives and the activities proposed, the
line officer certifies whether the proposed action meets National Fire
Plan goals (firefighting, post-fire rehabilitation and restoration,
hazardous fuel reduction, and community wildland fire assistance). These
activities may include, but are not limited to: prescribed fire,
mechanical fuels treatments, emergency stabilization, burned area
rehabilitation, road maintenance and operations activities, ecosystem
restoration, and culvert replacement activities.

**8. Question:** For which species can I use the counterpart
regulations? What about designated critical habitat?

**Answer:** All ESA-listed and proposed species and designated critical
habitat that are within the action area of a fire plan project (FPP).

**9. Question:** Have the counterpart regulations and alternative
consultation agreement changed how I conduct and document a biological
assessment or biological evaluation (BA/E)?

**Answer:** No. However, there is a greater responsibility to create and
maintain the project record to demonstrate that you have used the best
available scientific and commercial information.

**10. Question:** I hear that training is required to use the
counterpart regulations. How do I obtain the required training?

**Answer:** Yes, training is required for action agency biologists and
line officers who will be implementing the counterpart regulations. The
training course and certification exam are available online at the
following address:
<http://www.ntc.blm.gov/blm_1386/html/gateway/ie/launcher.htm?C_ID=&Mode>=

**11. Question:** If I'm a journey level biologist, botanist or
ecologist who is responsible for ensuring and documenting BE/BA
adequacy, do I need to take the training and be certified?

**Answer:** Yes. Under the counterpart regulations, the action agencies
are assuming greater responsibility under the ESA, and must ensure
adequate training of all individuals who use and support the
regulations.

**12. Question:** As a line officer of a unit where we are implementing
the counterpart regulations, why do I have to take the training?

**Answer:** In order to certify actions are consistent with the National
Fire Plan and the ESA counterpart regulation, you must have an
understanding of the regulations.

**13. Question:** Why are line officers required to certify that their
projects are National Fire Plan projects?

**Answer:** Line officers are ultimately responsible for ensuring
actions comply with the requirements of the counterpart regulations,
which includes documenting that the project is within the scope of the
National Fire Plan.

**14. Question:** How do I determine what the environmental baseline is
for a species and what the status of the species is? Isn't that FWS's
and or NMFS's job?

**Answer:** The action agencies continue to have the responsibility to
know the action area environmental baseline and status of the species.
Further information can be found in the section 7 consultation handbook
and section 7 regulations.

**15. Question:** If I have a project that is LAA for a listed or
proposed species or designated critical habitat, can I use the
counterpart regulations?

**Answer:** No.

**16. Question:** What do I do if I have an NLAA for three species and
an LAA for a fourth species in my national fire plan project area?

**Answer:** The counterpart regulations apply to the first three species
while formal consultation must be initiated on the project for the
fourth species.

**17. Question:** My project involves the commercial harvest of about
500 acres of forest, and a component of the project includes fuels
reduction activities on about 200 acres. The NEPA document describes it
as one project. Can I use the counterpart regulations to satisfy section
7 consultation requirements on both activities?

**Answer:** If each project activity supports the National Fire Plan,
you can use the counterpart regulations. If they do not, only the
activities that support the National Fire Plan can be assessed under the
counterpart regulations, as long as the activities are not interrelated
and interdependent.

**18. Question:** After I have completed my BA/BE and a contract has
been let, what do I do if I learn about new information relevant to the
project and its effect to the listed species?

**Answer:** As before, you must re-analyze the project to determine
whether or not the effects determination remains valid.

**19. Question:** In the Pacific Northwest, will our level 1 teams still
be used for evaluating NLAA determinations for Fire Plan Projects (FPP)?

**Answer:** The use of level 1 teams for NLAA determinations on FPPs is
at the discretion of the action agency. If the counterpart regulations
are used, the final determination lies with the action agency.

**20. Question:** Can I share my draft BA/BE with FWS or NMFS to gain
their input?

**Answer:** Yes, the ACA allows the action agency to request assistance
relevant to the effects analysis.

**21. Question:** Can I send my final BE/BA to the FWS or NMFS, for
their records?

**Answer:** It is at the discretion of the action agency.

**22. Question:** Under the counterpart regulations, can a subunit
continue to use the streamlining procedures and associated tools for
FPPs?

**Answer:** Yes, if the action agency finds them useful and appropriate.

**23. Question:** Do I have to keep track of every project I use the
counterpart regulations on?

**Answer:** Yes. Completing Appendix 1 of the Alternative Consultation
Agreement will allow you and your state/regional office to track NFP
projects that used the counterpart regulations.

**24. Question:** I notice that there is going to be monitoring and
evaluations of field unit performance in implementing the counterpart
regulations. Who is going to do the evaluations, how often and for what
purpose?

**Answer:** At the end of the first year and every three years
thereafter, the FWS and NMFS will lead a national interagency monitoring
team. The purpose of the monitoring program is to evaluate whether the
action agency is making NLAA determinations on FPPs consistent with the
best available scientific and commercial information, and in compliance
with the ESA and the section 7 regulations.

**25. Question:** At the end of one year, how will I know if my project
is selected for the National Monitoring and Program Evaluation? And, if
so, what will I need to provide?

**Answer:** The National Interagency Monitoring Team will notify your
subunit. If one of projects is selected, you will need to provide the
Team with the project BE or BA.

**26. Question:** Given that my field unit has a limited budget, how do
I maintain access to the best available scientific and commercial
information?

**Answer:** Affordable access to information is available through the
internet (such as USDA Digitop, FWS/NMFS T&E species sites, etc.),
agency and other libraries, personal contacts, and species experts.
Contact your state/regional TES program leaders for more information.

**27. Question:** If a non-journey level biologist who has completed
counterpart regulations training conducts and documents the BA, what
role, if any, does a \"journey level biologist\" have?

**Answer:** The journey level biologist needs to ensure the adequacy of
the BA, and their name is provided on the ACA Appendix 1 form.

**28. Question:** My journey level botanist isn't interested in using
counterpart regulations. How do I get my potential NLAA FPP evaluated or
reviewed?

**Answer:** It is up to the line officer to ensure appropriate skills
are available and used if he/she chooses to use the counterpart
regulations.

**29. Question:** The FWS has listed a new species. It occurs in my FPP
project area and work activity is scheduled next month. What do I do?

**Answer:** You must re-analyze the project to determine whether or not
there are any effects, whether or not a NLAA determination is
appropriate and whether or not to utilize the counterpart regulations.

**30. Question:** What is the "subunit", the administrative office that
needs to report to the FWS and NMFS that it has completed training, and
intends to implement the Counterpart Regulations?

**Answer:** For the BLM, subunit refers to the Field Office or the
District office, and for the Forest Service it refers to the Ranger
District or Forest Supervisor's office.

**31. Question:** What is the role of Regional Contacts?

**Answer:** Regional Contacts serve as information resources to answer
questions arising from subunits with their state or region, and to
ensure consistency in analysis and reporting of Fire Plan Projects.
Those contacts are given in the following table.

**Agency Counterpart Regulation/Alternative Consultation Agreement
Implementation Contacts:**

  --------------- ------------- ------------------------------- ---------------------
  **United States                                               
  Fish and                                                      
  Wildlife                                                      
  Service**                                                     

  R1-WA/OR                      Kristi Young                    503-231-6845

  R1-CA/NV                      Vicki Campbell                  916-414-6464

  R2                            Delphina Montano                505-248-6401

  R3                            Jennifer Szymanski              612-713-5342

  R4                            Joe Johnston                    404-679-4155

  R5                            Glenn Smith                     413-253-8627

  R6                            Bridgett Fahey                  303-236-4258

  R6                            Ari Cornman                     303-236-4254

  National                      Rick Sayers                     703-358-2106

  **NOAA                                                        
  Fisheries**                                                   

  NWR                           Charley Rains                   208-378-5686

  NWR                           Steve Keller                    360-534-9309

  SWR                           Chuck Glasgow                   707-825-5170

  SWR                           Garwin Yip                      707-825-5166

  NER                           Pasquale Scida                  978-281-9208

  SER                           Stephania Bolden                727-570-5312

  National                      Ann Garrett                     301-713-1401

  **USDA Forest                                                 
  Service**                                                     

  R1              Tom Wittinger                                 406-329-3677

  R2              Nancy Warren                                  303-275-5064

  R3              Wally Murphy                                  505-842-3195

  R4              Lee Jacobsen                                  801-625-5664

  R5              Diane                                         707-562-8931
                  Macfarlane                                    

  R6              Sarah Madsen                                  503-808-2673

  R8              George                                        404-347-4085
                  Bukenhofer                                    

  R9              Steve Mighton                                 414-297-3612

  R10             Ellen                                         907-586-7919
                  Campbell                                      

  National        Marc Bosch                                    202-205-1220

  National        David                                         202-205-1213
                  Pivorunas                                     

  **Bureau of                                                   
  Land                                                          
  Management**                                                  

  Alaska                        John Payne                      907-271-3431

  Arizona                       Ted Cordery                     602-417-9242

  California                    James Newman                    916-978-4635

  Colorado                      Wes Anderson                    303-239-3608

  E. States                     Geoff Walsh                     703-440-1668

  Idaho                         Tim Burton                      208-373-3819

  Montana                       Gayle Sitter                    406-896-5293

  New Mexico                    Mike Howard                     505-525-4348

  New Mexico                    Paul Sawyer                     505-438-7516

  Nevada                        Randy McNatt                    775-861-6473

  Nevada                        Erick Campbell                  775-861-6471

  Oregon                        Barb Hill                       503-808-6052

  Oregon                        Joe Moreau                      503-808-6418

  Utah                          Ron Bolander                    801-539-4065

  Wyoming                       Jeff Carroll                    307-775-6090

  National                      Peggy Olwell                    202-452-7764

  **National Park                                               
  Service**                                                     

  National        Bruce                                         970-225-3591
                  Rittenhouse                                   

  National        Peter Dratch                                  970-225-3596

  **Bureau of                                                   
  Indian                                                        
  Affairs**                                                     

  National        John Vitello                                  202-208-5968
  --------------- ------------- ------------------------------- ---------------------

Each subunit that intends to implement the counterpart regulations must
send a formal letter(s) to the FWS and/or the NMFS that has completed
training. For the FWS, send the letter to the subunit's normal FWS Field
Office Supervisor(s). For NMFS, use this address in the letter, and
email it to the address given: (
[NMFS.nationalfireplan@noaa.gov](mailto:NMFS.Nationalfireplan@noaa.gov)
)

Laurie K. Allen, Director

Office of Protected Resources

NOAA Fisheries, SSMC3 - F/PR3

1315 East West Highway

Silver Spring, MD 20910

5 May 2004

**Enclosure 4**

+-------+-----------------------+----------+----+---------------------+
| >     | > 2670/5100           |          | >  | May 10, 2004        |
|  File |                       |          |  D |                     |
| >     |                       |          | at |                     |
| Code: |                       |          | e: |                     |
+-------+-----------------------+----------+----+---------------------+
| >     |                       |          |    |                     |
| Route |                       |          |    |                     |
| > To: |                       |          |    |                     |
+-------+-----------------------+----------+----+---------------------+
|       |                       |          |    |                     |
+-------+-----------------------+----------+----+---------------------+
| > Sub | > Counterpart         |          |    |                     |
| ject: | > Regulations for     |          |    |                     |
|       | > Consultation under  |          |    |                     |
|       | > the Endangered      |          |    |                     |
|       | > Species Act         |          |    |                     |
+-------+-----------------------+----------+----+---------------------+
|       |                       |          |    |                     |
+-------+-----------------------+----------+----+---------------------+
| > To: | > Regional Foresters, |          |    |                     |
|       | > Station Directors,  |          |    |                     |
|       | > Area Director, IITF |          |    |                     |
|       | > Director, and WO    |          |    |                     |
|       | > Staff               |          |    |                     |
+-------+-----------------------+----------+----+---------------------+
|       |                       |          |    |                     |
+-------+-----------------------+----------+----+---------------------+
|       |                       |          |    |                     |
+-------+-----------------------+----------+----+---------------------+

The U.S. Fish and Wildlife Service (FWS) and National Marine Fisheries
Service (NMFS) (the "Services") in cooperation with the Forest Service,
Bureau of Land Management (BLM), Bureau of Indian Affairs (BIA), and
National Park Service (NPS), have issued joint counterpart regulations
for consultation under Section 7 of the Endangered Species Act (ESA) to
streamline consultation on proposed projects that support the National
Fire Plan (NFP). These counterpart regulations, authorized by 50 CFR
402.04, were published in the Federal Register on December 8, 2003, and
complement the consultation process by providing an alternative process
for completing Section 7 consultation for projects that authorize, fund
or carry out actions that support the NFP.

The counterpart regulations allow the Forest Service to make "not likely
to adversely affect" (NLAA) determinations for listed species or
designated critical habitat without consulting with or obtaining written
concurrence from the Services for proposed actions that support the NFP.
The purpose of this memorandum is to inform field personnel of how the
Forest Service will implement the counterpart regulations.

On August 22, 2002, the President announced his Healthy Forests
Initiative: *An Initiative for Wildfire Prevention and Stronger
Communities**.*** The Healthy Forests Initiative recognizes that faster
environmental reviews of proposed land management projects may provide
greater benefits to humans, the range, forest lands, and wildlife by
reducing the risk of catastrophic wildfire while the reviews are
pending. To this end, the counterpart regulations were drafted to
expedite the informal Section 7 consultation process. The concurrence
process for NLAA determinations has diverted some resources from
projects in greater need of limited agency resources. The counterpart
regulations may be utilized for proposed projects that support the NFP,
such as prescribed fire, hazardous fuels reduction, ecosystem
restoration and maintenance of fire adapted ecosystems.

Implementation of the counterpart regulations requires each action
agency to develop an Alternative Consultation Agreement (ACA) with the
Services. The Forest Service signed an ACA with the Services on March 3,
2004 (Enclosure 1). The ACA makes it possible for any Forest Service
biologist, botanist or ecologist who has completed the required training
to conduct Section 7 effects analyses and make NLAA determinations of
effect for proposed actions that are within the scope of the NFP.
However, journey-level biologists, botanists or ecologists are
responsible for ensuring and documenting adequacy of the BE/BA with
existing policy, and line officers are responsible for documenting
compliance with the ESA and counterpart regulations.

All biologists, ecologists, botanists and line officers ("end users")
who will use the counterpart regulations are required to be certified as
having successfully completed this mandatory training. Training is
provided through a web-based interactive module, and is available to end
users through the internet at their computer work station (Enclosure 2).

A 1-day training and orientation session for regional threatened,
endangered and sensitive species program leaders was held March 24,
2004, in Phoenix, Arizona. This session was attended by Forest Service,
BLM, BIA, NPS, FWS and NMFS State/Regional personnel. The purposes of
the session were to explain the role and responsibilities of agency
personnel, ensure State/Regional personnel providing oversight
understand the counterpart regulations and the ACA, and train/certify
various Arizona-based end users who attended the session.

It is imperative that end users review the counterpart regulations and
the ACA, and take the appropriate training prior to implementation for
NFP projects. The counterpart regulations provide greater interagency
efficiencies for developing, analyzing, approving and implementing NFP
projects. The Forest Service also assumes greater responsibility for
ensuring that our actions do not jeopardize the continued existence of
listed species or adverse modification of designated critical habitat,
and for ESA compliance. It is anticipated that through proper use and
implementation of the counterpart regulations and the ACA, increased
consultation efficiencies will be realized.

Complete legal defensibility of our ESA effects analysis and
documentation for such projects is now Forest Service responsibility. It
is critical that we meet the conditions of the ACA and maintain a
complete project record for NFP projects implemented under the
counterpart regulations.

The counterpart regulations and ACA can be viewed at the following site:
<http://endangered.fws.gov/consultations/forestplan.html>

If you have any questions regarding the counterpart regulations or ACA,
please contact Marc Bosch, TES Program Leader, 202-205-1220, or
respective regional contacts (See Enclosure 3).

  -----------------------------------------------------------------------

  /s/ Thomas L. Tidwell

  TOM L. THOMPSON

  Deputy Chief for National Forest System
  -----------------------------------------------------------------------

Enclosures:

1\. Alternative Consultation Agreement

2\. Training/Timeframe Info

3\. Frequently Asked Questions and Contacts