{
  "id": "RL34641",
  "type": "CRS Report",
  "typeId": "REPORTS",
  "number": "RL34641",
  "active": false,
  "source": "EveryCRSReport.com, University of North Texas Libraries Government Documents Department",
  "versions": [
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      "source": "EveryCRSReport.com",
      "id": 353751,
      "date": "2009-06-05",
      "retrieved": "2016-04-07T02:27:22.809004",
      "title": "Changes to the Consultation Regulations of the Endangered Species Act (ESA)",
      "summary": "The Endangered Species Act (ESA) requires all federal agencies to consult with either the Fish and Wildlife Service or the National Marine Fisheries Service (the Services) to determine whether their actions may jeopardize the continued existence of a listed species or destroy or adversely modify designated critical habitat of listed species. In August 2008, FWS and NMFS proposed changes to the regulations that address the consultation process. Final regulations were published December 16, 2008, and took effect on January 15, 2009. On May 4, 2009, those regulations were withdrawn and the regulations that were in effect before the changes were reinstated. FWS and NMFS were authorized by P.L. 111-8, \u00a7 429 to make the substitution. This report explains what changes had been made to the consultation regulations and related issues.\nThe revisions were intended to do three things, according to the Services: clarify when consultation is applicable; clarify certain definitions; and establish time frames for consultation. The Services argued that the new regulations showed the ESA does not require consultation on greenhouse gas emissions\u2019 contribution to global warming and its associated impacts on listed species.\nThe revised regulations gave federal agencies greater discretion to determine when and how their actions may affect listed species. They also addressed issues of causation\u2014when an agency action truly affects the well-being of listed species or critical habitat. The changes modified definitions and altered the process for consultations. The definitions that were modified include cumulative effects, effects of an action, and biological assessment. The changes added criteria for determining when consultations do not apply. The Action Agency continued to determine whether consultation is required. The processes for formal and informal consultations were revised to include a 60-day deadline (which may be increased to 120 days) for the appropriate Service to concur in writing with an Action Agency\u2019s finding during informal consultation. If the Service failed to respond in writing, the project could continue without further consultation at the discretion of the Action Agency.\nCongress addressed the regulations. A provision in the 2009 Omnibus Appropriations Act (P.L. 111-8) allowed the Secretaries of the Interior and Commerce to withdraw the regulations without any administrative steps, putting the previous regulations back in effect, provided they acted within 60 days. Additionally, President Obama issued a memorandum directing those Secretaries to decide whether to develop new regulations that would \u201cpromote the purposes of the ESA.\u201d The memorandum also requested all agencies to exercise the discretion allowed under the revised regulations to \u201cfollow the prior longstanding consultation and concurrence practices\u201d of the Services.",
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      "typeId": "REPORTS",
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    },
    {
      "source": "University of North Texas Libraries Government Documents Department",
      "sourceLink": "https://digital.library.unt.edu/ark:/67531/metadc795788/",
      "id": "RL34641_2008Sep23",
      "date": "2008-09-23",
      "retrieved": "2016-01-13T14:26:20",
      "title": "Proposed Changes to Regulations Governing Consultation Under the Endangered Species Act (ESA)",
      "summary": "This report discusses the purpose of the Endangered Species Act (ESA), which is threefold: to provide a means to conserve ecosystems upon which endangered and threatened species depend; to provide a program to protect those species; and to take steps to achieve the purposes of related treaties and conventions.",
      "type": "CRS Report",
      "typeId": "REPORT",
      "active": false,
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          "format": "PDF",
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      "topics": [
        {
          "source": "LIV",
          "id": "Endangered species",
          "name": "Endangered species"
        },
        {
          "source": "LIV",
          "id": "Endangered animals",
          "name": "Endangered animals"
        },
        {
          "source": "LIV",
          "id": "Wildlife conservation",
          "name": "Wildlife conservation"
        }
      ]
    }
  ],
  "topics": [
    "Appropriations",
    "Environmental Policy"
  ]
}