In a state as vast and ecologically diverse as Texas, completing project reviews to ensure they protect wildlife and their habitats can be a complex undertaking. That complexity is heightened by the presence of more than 100 federally threatened or endangered species across the state that must be considered before projects are permitted. Streamlining Endangered Species Act Section 7 Section 7
Section 7 Consultation
The Endangered Species Act (ESA) directs all Federal agencies to work to conserve endangered and threatened species and to use their authorities to further the purposes of the Act. Section 7 of the Act, called "Interagency Cooperation," is the mechanism by which Federal agencies ensure the actions they take, including those they fund or authorize, do not jeopardize the existence of any listed species.
Learn more about Section 7 consultations is a significant undertaking, but a recently completed collaborative pilot project will greatly improve consultation completion times for a host of project types in the state and serve as a blueprint for the Service’s Determination Key work plan to develop similar productivity tools across the nation.
What Are Determination Keys?
Photo By Hagerty, Ryan/USFWS
Determination Keys are digital decision trees which help applicants and the service process project proposals, and if applicable, automatically issue concurrence letters to quickly move projects forward. This tool’s development reflects a broader push to modernize conservation delivery through technology, interagency coordination, and proactive planning.
The Texas-wide Determination Key builds on the success of a pilot Determination Key for Arlington, Texas, which covers 112 counties and 13 listed species in the state. Statewide expansion and inclusion of more species and critical habitats will provide consistency and reduce regulatory uncertainty across the state.
Determination Keys provide several benefits for the applicant, the Service, and at-risk species. “Determination Keys promote species and habitat conservation through the consistent application of expert-developed conservation measures”, explains Adam Zerrenner, a Service Biologist who helped build the product. “By improving the speed and ease of processing routine and predictable projects, our biologists can focus their time on complex consultations and species conservation efforts.” The decisions documented by this tool are based on the best available scientific information and supported by analyses completed by Service biologists. As new information becomes available, the Determination Key is updated by Service biologists.
Promoting Efficiency
By offering upfront analysis of project proposals, this process saves time and minimizes compliance uncertainty. Determination Keys are one of the features available through the Service’s web-based environmental review process streamlining tool, called IPaC (Information for Planning and Consultation). Since its launch in 2010, IPaC has issued more than 2.7 million letters nationwide.
The efficient and timely completion of consultations is important to ensure that projects minimize effects to endangered or threatened species or their habitats while also ensuring that energy, transportation, telecommunication and other projects with a federal nexus don’t face delays or undo financial burdens. Determination Keys are especially useful for routine and predictable projects, including larger right-of-way projects related to energy, telecommunication, and/or transportation, like those completed by Texas Department of Transportation (TxDOT).
“TxDOT looks forward to using the new USFWS statewide Texas Determination Key to streamline consultations and improve transportation project delivery outcomes,” said the Lauren Young, Environmental Project Planner with TxDOT.
Looking Ahead
Following three outreach meetings in December of 2025 and trainings for staff and partners, the Texas Determination Key is now available for use. The knowledge gained from its development and implementation will support similar products across the Nation. In addition, recent improvements to ECOSphere and IPaC allow for the use of Determination Keys for the implementation of programmatic formal consultations, greatly expanding the potential benefits of this tool.
By integrating technology, science, and collaboration, the Service is advancing its goal to make ESA consultations more efficient, transparent, and conservation-focused. As Determination Keys and other tools continue to evolve, the Service remains committed to supporting biologists and partners, while conserving species and their habitats.
