UPDATED: June 22,2018
USFWS Section 7 Consultation for Federal Emergency Management Agency (FEMA) Conditional Letter of Map Revision (CLOMR) and CLOMR_F Letters of Request
In May 2016, FEMA released a guidance document to inform Conditional Letter of Map Change (CLOMC) applicants of their role, responsibilities and documentation requirements to comply with the Endangered Species Act (ESA) requirements of Standard 215.
Documentation that the project is compliant with the ESA may be in the form of a written and signed statement confirming that applicant(s) determined that there are no endangered or threatened species present in the area or that the type of action does not have any potential to cause adverse impacts that would result in a take.
The applicant is responsible for providing FEMA a written, signed justification that the project will not result in take. The determination is not required to come from, or be concurred by, the Services.
ESA Compliance Documentation for Non-Federal Projects
For FEMA ESA Compliance applicants must document one of the following:
ESA Compliance Documentation for Projects with Federal Actions
If a Federal entity is involved in a project requiring a CLOMR or CLOMR-F, then the applicant may use that Agency’s Section 7 consultation to demonstrate ESA compliance to FEMA.
The ESA documentation may include:
Checklist Aid for Applicants
The NFESO staff developed a checklist to assist applicants in documenting compliance with ESA when no potential for “Take” exists or, if a Federal entity is involved in the project, the applicant is using that Agencies’ Section 7 consultation to demonstrate ESA compliance.
Applicants may attach this checklist to the supporting species report, biological assessment, or federal ESA compliance documentation. Selecting the appropriate checkbox certifies compliance with ESA for CLOMC, CLOMR, or CLOMR-F applications and requires no further consultation with the Service.
As of July 2018, the North Florida Ecological Services Office (NFESO) will no longer provide signed stickers, letters, or individual project reviews for FEMA's CLOMC, CLOMR, or CLOMR-F that meet one of the listed criteria. The checklist incorporates the Service’s ESA regulations and FEMA Guidance for Flood Risk Analysis and Mapping Documentation of Endangered Species Act Compliance for Conditional Letters of Map Change, May 2016 (PDF available here ).
If you have any questions, please contact us by email at jaxregs @ fws.gov. Our agency appreciates your cooperation in the protection of Federally-listed species in Florida.