Wyoming Field Office Guidance for Requesting Project Review

This page is intended to help project proponents/applicants/agencies with submissions of proposed projects for review and ensure submissions include the appropriate level of information.

Without sufficient detail, review time may increase and/or result in additional information requests during the review process.

Submitting a Project for Review

1. Access the U.S. Fish and Wildlife Service (Service) online Information for Planning and Consultation (IPaC) tool to obtain an official species list. Use this for your effects determination (See 2e) and include it in your project submission. If you are a federal action agency submitting a project, see below Federal Action Agencies for additional information.
2. Check that you have all the appropriate project details. All submissions seeking review of a proposed project for compliance with Endangered Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.) should include the following information about the proposed project:
   1. A description of the proposed action, including:
      • Project title;
      • Project purpose;
      • Project location (i.e., legal description, county, etc.) and size (i.e., acres, linear miles, etc.);
      • Regulatory authority requiring Service review (e.g., Section 404 of the Clean Water Act, National Environmental Policy Act [NEPA], etc.), or federal nexus¹ and federal agency contact information, if applicable;
      • Timing and duration of the project (e.g. timeline); and,
      • Project activities/components and how they will be carried out (see Project Components below)
   2. Maps and/or shapefiles showing the project and surrounding area.
   3. Any relevant information, or supporting documents, regarding the habitat in/around the project, including photos, surveys, studies, etc., which provide information about the presence/absence, abundance, density, or occurrence of listed species and the condition and location of species’ habitat, including critical habitat.
   4. Conservation measures adopted to avoid, minimize, or compensate for impacts to listed species.
   5. Make an effects determination for each species (see Making and Effects Determination below).
3. Submit the proposed project to WyomingES@fws.gov² 

Making an Effects Determination

You have three choices for each listed species and/or critical habitat.

1. ‘No effect’ means there are no impacts from the project on listed species. ‘No effect’ does not include a small effect or an effect that is unlikely to occur. The Service is not required to provide concurrance on a ‘No effect’ determination. Document a clear rationale regarding how you arrived at the determination and retain for your own records. If a Service response (e.g., email, Service stamp, signed letter) is needed, please include that request with 
   project submission.
2. ‘May affect, not likely to adversely affect’ means that all impacts are either beneficial, insignificant, or discountable.
   • Beneficial effects have contemporaneous positive effects without any adverse impacts to the species or habitat.
   • Insignificant effects relate to the size of the impact (and do not reach a level where take³ occurs) and any potential impacts could not be meaningfully measured, detected, or evaluated.
   • Discountable effects are those extremely unlikely to occur and, consequently are not reasonably expected to occur.
3. ‘May affect, likely to adversely affect’ means that an adverse impact cannot be avoided. This could include a combination of beneficial and adverse impacts, even if the net effect is neutral or positive. Adverse impacts do not qualify as discountable, even if you are not certain they will occur. This is the appropriate determination if take³may occur, and this determination requires formal consultation with the Service. 

We recommend accessing the regulations for informal (50 CFR § 402.13) and formal consultation (50 CFR § 402.14) for a more detailed explanation of requirements for initiating the consultation process with the Service.

Federal Action Agencies

• Section 7 of the ESA requires Interagency Cooperation and, therefore, federal action agencies must make an effects determination for each listed and proposed⁴
  species, and proposed and designated critical habitat. Each federal agency must then consult with the Service to address those potential effects.
• Each federal agency shall confer with the Service on any project which is likely to jeopardize the continued existence of any species proposed to be listed, or result in the destruction or adverse modification of critical habitat proposed to be designated (50 CFR § 402.10).
• Designated non-federal representatives (e.g. contractors or consultants) consulting with the Service on behalf of the federal action agency must have documentation of formal designation (50 CFR § 402.08).

Additional Tips

Keep in mind the Service may not be familiar with your proposed project, so present a clear line of reasoning and explanation of the project and the components of its implementation. For example:

• A proposed new business may need a new access road, a power line, and a water line.
• The work would need staging areas, and a construction zone. Potentially, clearing of vegetation would occur first, using a bulldozer. Then, grading and laying foundations/roads using heavy equipment. Describe each step (pre-construction, construction, post construction), tools/equipment needed, potential impacts during each phase of construction, and an estimate of time needed to complete each phase.

¹ Is the project/action authorized, permitted, licensed, funded, or being carried out by a federal agency in whole or in part? (e.g., U.S. Army Corps of Engineers, Housing and Urban Development, Federal Highway Administration, Environmental Protection Agency, etc.) If so, that permitting, licensing, funding, etc. is the federal nexus.

² Do not email requests to individual staff biologists, or supervisors, as it could result in a longer review time.

³ In the ESA, section 9(a)(1) defines ’take’ as, ‘to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.’

⁴ Proposed species or critical habitat have a proposed rule published in the Federal Register to either be listed, or designated as critical habitat under section 4 of the ESA