## [* *[Documentation Guide for]{.smallcaps}]{.underline}[:]{.smallcaps} THREATENED AND ENDANGERED SPECIES

### BACKGROUND

Threatened and Endangered Species are those plants or animals, which
after a review of the species\' status, the Secretary of the Interior
classifies as \"threatened" or \"endangered\", based on the best
available scientific and commercial data. The U.S. Fish and Wildlife
Service (USFWS) publish comprehensive notices containing the names of
species, which are considered to be candidates for listing as
"threatened\" or "endangered" under the Endangered Species Act of 1973.
The Endangered Species Act of 1973, as amended, (PL 93-205, 87 Stat. 884
(16 U.S.C. 1531 et seq.)) provides a means whereby the ecosystems upon
which threatened and endangered species depend, may be maintained, as
well as a program for the conservation of such species.

The Endangered Species Act provides that in addition to the Department
of the Interior, all other Federal departments and agencies in
consultation with and with the assistance of the Secretary of the
Interior shall utilize the departments\' and agencies\' authorities to
advance the purposes of the Act by executing programs for the
conservation of threatened and endangered species that are listed.

Section 7 of the Act requires that all Federal agencies, in consultation
with and with the assistance of the Secretary of the Interior, shall
ensure that its agency actions and activities authorized, funded or
carried out do not jeopardize the continued existence of threatened and
endangered species or result in the destruction or adverse modification
of the species\' critical habitat. The extent of a particular species\'
critical habitat is determined by the U.S. Fish and Wildlife Service.
Consult the USFWS Office or their website concerning the extent of a
species\' critical habitat.

The principal hazard to threatened and endangered species is the
destruction of their habitats by human activities associated with
industrialization, urbanization, agriculture, lumbering, recreation and
transportation.

Threatened and endangered species are those U.S. plant and animal
species that are reduced in numbers, making extinction a high
probability. The disappearance of these species would be a biological,
cultural and in some cases an economic loss to the nation. The species\'
continued existence contributes to scientific knowledge and
understanding, adds to recreational and commercial pursuits, and
provides interest, purpose and variety to human existence.

### POLICY

**The NRCS policy (GM 190 Part 410.22(b)) states:**

-   NRCS will assist in the conservation of threatened and endangered
    species, and consistent with legal requirements, avoid or prevent
    activities detrimental to such species. NRCS\'s concern for these
    species will not be limited to those listed by the Secretary of the
    Interior and published in the Federal Register, but will include
    species designated by state agencies as rare, threatened,
    endangered, etc.

Further:

-   Make full use of informal consultation with the USFWS as a vehicle
    to maintain constructive communication on all aspects of endangered
    species protection (GM 190 Part 410.22(c)(i)).

-   Initiate formal consultation as outlined in Title 50, Chapter IV,
    Part 402, Code of Federal Regulations, when the Environmental
    Evaluation (EE) identifies NRCS project-type activities that may
    affect a listed species or their critical habitat. (GM 190 Part
    410.22(c)(ii)).

-   The State Conservationist will determine for NRCS non-project-type
    activities, if the installation of one or more conservation
    practices will have a probable effect on any listed species or their
    habitat. If the Environmental Evaluation (EE) indicates the action
    may affect a listed species or result in the destruction or adverse
    modification of the habitat of a listed species that has been
    determined to be critical habitat, NRCS will advise the landuser of
    the requirements of the Endangered Species Act and recommend an
    alternative conservation treatment that avoids the adverse effects.

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-   Further assistance will be provided **only** if one of the
    alternative conservation treatments is selected for installation; or
    at the request of the landowners, NRCS will initiate formal
    consultation with the FWS as outlined in Title 50, Chapter IV, Part
    402 of the Code of Federal Regulations (CFR).

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-   If the EE indicates that the action will not affect the listed
    species or result in the destruction or adverse modification of
    critical habitat (or habitat that has not been determined to be
    critical habitat), formal consultation generally will not apply and
    shall not be initiated. (GM 190 Part 410.22(c)(iii)).

Links:

-   County Endangered Species List
    <http://ifw2es.fws.gov/EndangeredSpecies/lists/>

-   BISON-M web site <http://nmnhp.unm.edu/bisonm/bisonquery.php>

-   County endangered species list and plant database
    <http://nmrareplants.unm.edu/>

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  **Project:**                                           

  **Date:**                                              

  **Planner:**                                           
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**[[Casefile Documentation]{.underline}]{.smallcaps}: THREATENED &
ENDANGERED SPECIES**

When correctly and completely evaluated this will provide adequate
documentation for compliance with the National Environmental Policy Act
(NEPA). Attach to NM-ENV-1 when completed.

**STEP 1.** Advise landowner of the requirement for NRCS to consult with
US Fish and Wildlife Service if endangered species may be affected. If
landowner chooses not to consent, advise landowner that NRCS will
provide no further assistance until the consultation process has been
completed.

YES, Consent Provided Go to Step 2

NO, Consent Denied Terminate assistance.

**STEP 2.** Does the project occur in a county with Endangered Species
Act (ESA) Threatened or Endangered (T&E) Species or Designated Critical
Habitat (DCH)? \[Review County Endangered Species List at\]
<http://ifw2es.fws.gov/EndangeredSpecies/Lists/ListSpecies>.

NO YES

a.  If your answer is "No", go to step 3.

b.  If your answer is "Yes"; Obtain species information regarding
    habitat and location from BISON-M web site at
    <http://nmnhp.unm.edu/bisonm/bisonquery.php>.

**Go to step 3.**

**STEP 3**. Does the project occur in a habitat or location where
species **may occur**?

NO YES

a.  If your answer is "No", continue with the conservation planning
    process. On the NM-ENV-1, Special Environmental Concerns section,
    document that you have no habitat or locations where ESA species may
    occur.

b.  If your answer is "Yes", go to step 4.

**STEP 4**. What is the effect of the proposed action or activity on the
Threatened or Endangered species or its habitat?

*No Effect* (NE)

*May affect*, *Not Likely to Adversely Affect* (NLAA)

*Likely to Adversely Affect* (LAA)

a.  If your answer is "No Effect", (no positive or adverse effects),
    **document** how you reached that decision and proceed with
    planning. Attach additional documentation and reasoning for a "No
    Effect" decision.

b.  If your answer is "May affect, Not Likely to Adversely Affect" and
    the effects are consistent with the goals and aims of maintaining,
    protecting and preserving threatened and endangered species and
    their habitat (including ecosystem functions), document (describe)
    the effects and proceed with planning. Short-term adverse affects
    with long-term beneficial effects for both ESA species falls into
    this category. **Informal** Consultation with USFWS will still be
    required for positive effects. Go to Step 5.

c.  If your answer is "Likely to Adversely Affect" document (describe)
    the effects. **Formal** consultation with USFWS will be required for
    adverse effects. Go to Step 5.

**STEP 5**. Does the project have the potential for: a) long-term
adverse effects to ESA listed species or DCH (if unsure, contact State
Biologist.

Yes No

> a\. If Yes, Formal Consultation will be required. Additional time will
> be needed to complete consultation. Inform the landowner of the
> additional time requirement. There are ways to mitigate some long-term
> effects or ways to redesign the project to change the above answer.
> Early involvement with USFWS is required. Go to Step 8.
>
> b\. **If No Go to Step 6**.

**STEP 6**. Does the project have ESA T&E plants associated with the
project location? \[Use USFWS county endangered species list and plant
database on the web at
[http://nmrareplants.unm.edu/nmrptc](http://nmrareplnats.unm.edu/nmrptc)

Yes No

a.  If Yes, a plant survey will be required. Go to Step 7.

b.  If No, continue with the conservation planning process. On the
    NM-ENV-1, Special Environmental Concerns section, document that you
    have no species present that would require consultation.

**STEP 7**. Will a plant survey occur during the plant\'s flowering
period for proper identification of each species prior to project
Implementation (see ESA county plant list and Rare plants database
information.)

Yes No

a.  If Yes, conduct the appropriate plant survey(s) and send the survey
    report to the State Biologist. Go to Step 8 (Informal Consultation)
    or Step 10 (Formal Consultation).

b.  If No, you will have to conduct the plant survey **next season**;
    therefore, the project will have to be postponed until next year,
    **after the plant survey is completed**. Inform the landowner of the
    situation. Make arrangements for next year. Stop here.

**STEP 8**. **Informal Consultation**: If a "may affect" determination
has been made, then a Biological Evaluation (BE) of the effects of the
project on endangered species and designated critical habitat will be
prepared by the State Biologist and sent to the USFWS under the State
Conservationist\'s cover letter. A copy of the BE and cover letter will
be sent to you. Go to Step 9.

**STEP 9**. A Letter of Concurrence (LOC) will be sent to the State
Conservationist from USFWS regarding your project. USFWS tries to return
a LOC to NRCS within 30 days after the BE is approved; however, there is
no fixed time limit. A copy of the LOC will be sent to you and your Team
Leader along with a cover letter from the State Office that will let you
know whether project implementation can begin.

a.  Concurrence Letter, Stop process.

b.  No concurrence letter, Go to Step 10.

**STEP 10** If USFWS determines that our actions will Jeopardize the
species existence or it\'s habitat, they **will not concur** with our
decision of \"May Effect, Likely to Adversely Affect\" and we will not
be able to implement the project as designed. Go to Step 11 or stop
assistance to the landowner.

**STEP 11**. **Formal Consultation** is required for this project based
on the answers above. Contact with USFWS early in the process will help
to expedite consultation. Set up a meeting with the State Biologist and
State Resource Conservationist. At the meeting, the project can be
discussed, alternatives to the proposed project will be suggested that
will minimize effects of the action. At the meeting with USFWS, they
will suggest ways to make the project more T&E friendly. Go to Step 12.

**STEP 12**. The alternatives presented by USFWS must be presented to
the landowner. If the landowner accepts these changes, the consultation
may move back into the Informal Consultation arena, or the landowner may
accept these changes and it may still remain in the Formal Consultation
area. However, USFWS may not impose additional Terms and Conditions to
the project.

Does the landowner accept the changes to the design to minimize effects?

Yes No

a.  If Yes, Go to Step 13

b.  If No, Go to Step 11 or terminate assistance.

**STEP 13**. If the USFWS determines that our action will not Jeopardize
the species or it\'s habitat, the planner and State Biologist will
finish writing the Biological Assessment (BA) incorporating the
alternatives agreed upon by the landowner and USFWS. The USFWS will
concur with our decision of \"May Effect, Not Likely to Adversely
Affect\" in a Biological Opinion (BO). Within the BO the USFWS may
impose Terms & Conditions to our project (depending upon whether the
landowner accepted earlier changes to the project design to minimize
effects). The USFWS has 135 days in which to review our BA and return a
BO to the State Conservationist. A copy of the BO will be sent to you
along with a cover letter from the State Office that will let you know
whether project implementation can begin. Go to Step 14.

**STEP 14.** Does the BO contain Terms and Conditions from the USFWS?

Yes No

a.  If Yes, these Terms & Conditions **must** be carried out in order
    for NRCS to meet its ESA obligations. Go to Step 15.

b.  If No, the project can be implemented without additional activities.

**STEP 15**. Do the Terms & Conditions contain monitoring requirements?

Yes No

a.  If Yes, NRCS must complete the monitoring. If NRCS cannot complete
    the monitoring, we **cannot** implement the project.

b.  If No, Implement the project with the Terms & Conditions.

NOTES:

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Attach additional documentation if necessary.