Article 66: Endangered Species Act (ESA)
(Category: environmental-and-historical-compliance)
Article Summary
Section 7 of the ESA requires Federal agencies to conserve federally listed threatened and endangered species and protect designated critical habitats. FEMA must consult with the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) to ensure proposed projects do not jeopardize listed species.
Even if a project qualifies for a statutory exclusion from NEPA review, FEMA is still legally bound to satisfy all ESA consultation mandates. Applicants must provide FEMA sufficient time to complete these environmental reviews before commencing physical work; failing to do so will jeopardize funding.
Five Key Takeaways for CTA FEMA Compliance
- Treat ESA as Separate from NEPA Clearances: Never assume a project is cleared just because it is exempt from NEPA; ensure a separate ESA critical habitat evaluation is logged.
- Provide FEMA Advance Review Windows: Factor explicit review pauses into your recovery timelines to allow specialists to complete consultations with the USFWS prior to mobilization.
- Flag Culvert and Drainage Work for Fish Habitat Reviews: Subject all minor drainage, bridge scour, or culvert replacement designs to an internal species review.
- Identify Undisturbed Ground Crossings Upfront: Flag any proposed staging areas, access roads, or alternate project footprints that cross into previously undisturbed native soils.
- Embed Stop-Work Clauses for Wildlife Encounters: Insert strict clauses into construction specifications requiring contractors to cease operations immediately if a listed species is sighted within the workspace.
