File Code:	2670	Date:	January 16, 2001	
Route To:	1900	
		
Subject:	Transmittal of the Final Memorandum of Agreement, Endangered Species Act Section 7 Programmatic Consultations and Coordination among Bureau of Land Management, Forest Service, National Marine Fisheries Service, and Fish and Wildlife Service	
		
To:	Regional Foresters	

This memorandum transmits the Memorandum of Agreement (MOA) on Section 7 Programmatic Consultations and Coordination among the Forest Service, Bureau of Land Management, Fish and Wildlife Service (FWS) and National Marine Fisheries Service (NMFS).  The MOA was signed on August 30, 2000.  It is effective immediately, and region’s are expected to fully implement the programmatic consultation process outlined in the MOA within one year of the signature date.  This MOA should be inserted into your 1998 FWS/NMFS Endangered Species Consultation Handbook as Appendix H.  

After the 9th Circuit Court of Appeals ruled in Pacific Rivers Council vs. Thomas (1994), that Forest Service Land and Resource Management Plans “constitute continuing agency action requiring consultation under 7(a)(2) of the Endangered Species Act,” the four signatory agencies determined that a process was needed to better facilitate completion of the increased programmatic consultation workload in an effective and timely manner.  The MOA meets this objective by establishing a “streamlined” procedure for completing section 7 programmatic consultations on land use plans and other programmatic-level documents (e.g., Land and Resource Management Plans, Resource Management Plans, and Management Framework Plans).  The MOA establishes a general framework for an efficient interagency cooperation process during plan development and provides guidelines and procedures for formal and informal consultations, as well as consideration of candidate species conservation during plan development.  The key to the cooperative process is early interagency communication, coordination, and concurrence on participation, timelines, information needs, and analyses.  Intensive up-front coordination between the agencies will allow for early identification and resolution of issues prior to the actual consultation.  

To facilitate implementation of the streamlined process, the MOA establishes interagency teams, called working groups, at various levels of management.  The MOA also creates an issue resolution procedure to facilitate interaction between the working groups and between the agencies.  This dispute resolution process directs working groups to elevate issues to the next higher issue resolution working group if consensus cannot be reached on what information is needed to complete consultation on a plan/program, the determination of effects, the adequacy of plan standards and guides, compliance with existing guidance, etc.  The issue resolution process is not to be used to elevate disagreements regarding the consulted agencies’ (FWS and NMFS) biological determinations during formal consultation (i.e., jeopardy analysis).

Regional Foresters										2

Enclosed in the MOA is implementation guidance for carrying out consultations at the plan and programmatic level.  The agencies have agreed to use this guidance when implementing the terms of the MOA.  As future needs are identified, revised guidance reflecting changes agreed to by the agencies may be issued with the approval of the heads of the four agencies.

As part of the initial efforts to implement the MOA, the agencies are working together to provide training for the staff and managers who will be directly involved in implementation of the MOA at the regional and forest levels.  All employees who will be implementing the MOA are expected to attend the training.  Eight sessions have been planned at various locations across the country starting in October 2000, continuing through April 2001.  An earlier memorandum was sent out on August 8, 2000, regarding this training process.  Please refer to that memorandum for further information on the workshops.

This MOA is effective immediately.  It applies to all lands managed by the Forest Service or Bureau of Land Management.  The provisions of this MOA will remain in effect until it is amended, superseded, or revoked.

Please contact Marc Bosch, TES Program Leader (202-205-1220) with any questions regarding the MOA.

/s/ Paul Brouha for

JAMES R. FURNISH
Deputy Chief for
   National Forest System

Enclosure

cc: 
Director, EMC
Deputy Chief, Research and Development
Deputy Chief, State & Private Forestry
Jan Poling, OGC