Pre Development Consultation
Memoranda of Agreement - MOA
Federal agencies that administer grants and loans are required to meet the coordination and consultation requirements of various Federal environmental laws. Included among these statutes are the Endangered Species Act and Fish and Wildlife Coordination Act which require direct coordination with the Fish and Wildlife Service. In response to coordination and consultation requests, the Service evaluates the potential for Federally funded activities to impact endangered species and other public trust resources, particularly wetlands, streams, and migratory birds. Although the administering Federal agency is ultimately responsible for the content, conclusions, and effective outcome of such coordination, there are provisions for delegation of much of this responsibility to grant and loan applicants and their consultants. Indeed, this responsibility is routinely delegated to applicants as a matter of expediency. As a grant or loan applicant, you have likely been given written guidance to contact the Service and provide information regarding the location and nature of activities that you propose. This requires the submittal of project location maps and design/construction details to our office, and receipt of our response prior to submittal of a complete application to the lead Federal agency.
We have long recognized that certain categories of work result in no or insignificant adverse impacts to fish and wildlife resources. Coordination of such activities with the Service results in a waste of manpower and resources, and an unnecessary burden on applicants. For this reason, the Service has worked with several funding agencies to complete blanket consultations and programmatic coordination for applicable work categories that fulfill both Federal agency and applicant responsibilities pursuant to the Endangered Species Act and Coordination Act. This coordination and consultation is outlined in memoranda of agreement (MOA’s) that are specific to each agency and the categories of work that are routinely funded.
Copies of these memoranda are attached below for your use. Simply reference the appropriate MOA based on the source of your proposed funding. If activities which you propose are described within the MOA, it will be unnecessary for you to contact the Service and obtain our comments and opinions. We suggest that you reference the appropriate MOA and numbered work category when preparing your grant/loan application for submittal to the funding agency.
Note that not all Federal agencies that provide grants and loans are covered by a blanket consultation and programmatic coordination MOA. Some agencies, such as the Department of Housing and Urban Development, have declined to develop such agreements. Even though proposed activities may be identical to those listed in one of the MOA’s, the agreements are applicable only to those activities funded by the signatory lead Federal agency. Referencing the MOA of another agency will not fulfill your responsibilities and your application will likely be determined to be incomplete. Also be aware that consultation and coordination can only be provided for proposed activities. By regulation, consultation for activities which have already been completed (e.g., requests for reimbursement of expenditures already made) cannot be conducted. We strongly suggest that you coordinate prior to construction all activities that you suspect might be the subject of future requests for reimbursement (e.g., FEMA Flood Hazard Mitigation Funds).
For further information regarding the subject MOA’s, contact Robbie Sykes at 931.528.6481, ext. 209, or email email@example.com.
View Current MOA's
(.pdf - Acrobat Reader required)
MEMORANDUM OF AGREEMENT BETWEEN
DEPARTMENT OF ENVIRONMENT AND CONSERVATION
TENNESSEE STATE PARKS, FACILITIES MANAGEMENT
NASHVILLE, CENTRAL OFFICE AND
U.S. FISH AND WILDLIFE SERVICE TENNESSEE FIELD OFFICE