Streamlined Consultation Training Modules
Module #1 - Frequently Asked Questions on the Section 7 Consultation Process
Module #2 - An Overview of Streamlined Consultation
Procedures
Module #3 - Conducting Effective and Efficient Streamlined Section 7
Consultations
Module #4 - Procedures for Elevating Unresolved Issues under the Streamlining
Consultation Process
Module #5 - Overview of Counterpart Regulations
Module #6 - An Overview of Streamlined Consultation Procedures for Line
Officers and Managers
Prepared for The Northwest Interagency ESA Website: www.blm.gov/or/esa
Module 2: An Overview of Streamlined Consultation Procedure
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Introduction
The Endangered Species Act (ESA) of 1973 required all Federal agencies to
address the conservation of endangered and threatened species.
Section 7(a)(1) directs Federal agencies to carry out programs for the
conservation of endangered and threatened species.
Section 7(a)(2) directs Federal agencies to ensure that actions they
authorize, fund or conduct are not likely to jeopardize the continued
existence of listed species or to destroy or adversely modify critical habitat.
ESA section 7 regulations are codified at 50 CFR Part 402 and established
the procedures governing how Federal agencies consult with the FWS and
NMFS on actions that may affect listed species or critical habitat. These
regulations also established conference procedures that address proposed
species and proposed critical habitat.
Module 2: An Overview of Streamlined Consultation Procedure
The Origin of the Consultation Streamlining Process
 Prior to the 1990s, the FWS, NMFS, FS and the BLM experienced a gradual
but manageable workload increase in implementing the ESA because there
were not many listed species in the Pacific Northwest.
 Between 1990 and 1999, however, the number of listed species in
Washington more than doubled to 40, Oregon nearly doubled to 49, and
Idaho nearly tripled to 20.
 During the same period, forest health workload on FS and BLM lands
significantly increased the consultation workload, but staffing levels did
not increase accordingly.
Module 2: An Overview of Streamlined Consultation Procedure
The Origin of the Consultation Streamlining Process (cont.)
 High workloads required conducting consultations in an efficient and effective
manner.
 Over the last two decades, there has been a growing recognition of integrating
Federal agency obligations under sections 7(a)(1) and 7(a)(2) to achieve
efficiency and effectiveness of the consultation process relative to the
conservation purposes of the ESA.
 A formal interagency effort to streamline consultation in the Pacific Northwest
via enhanced collaboration and integration began in the mid 1990s, with
interagency guidance issued on July 27, 1999. This guidance has helped
promote conservation of listed species and efficient regulatory compliance and
certainty.
Module 2: An Overview of Streamlined Consultation Procedure
The Purpose of Streamlined Consultation
 Streamlined consultation procedures were developed to:
1) Enhance interagency cooperation for conserving listed and proposed species
and designated and proposed critical habitat;
2) Efficiently conclude consultation on actions that comply with management
plans and programmatic consultations; and
3) Use interagency teams early in project planning to address concerns with
listed species and critical habitat, and to review the adequacy of BAs and
effects determinations and develop the framework for BOs.
 Another goal of streamlining is to complete consultation within the timeframes
needed to meet NEPA requirements and project schedules. Streamlining
provides for consultation to occur concurrently with project planning and
NEPA.
Module 2: An Overview of Streamlined Consultation Procedures
The following comparisons help distinguish streamlined section 7 consultation from more
conventional applications of the section 7 implementing regulations.
Streamlined Section 7 Consultation
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Interagency coordination starts early in
planning process
Interagency team reviews effects of the
proposed action in early stages of planning
Interagency team agrees by consensus on the
information included in the BA
BA and environmental assessment (EA)
drafted concurrently
BO drafted concurrently with BA for likely to
adversely affect (LAA) determinations
Informal consultation completed in 30 days or
less after final BA is submitted by action
agency to FWS/NMFS for written concurrence
Formal consultation and BO completed in 60
days or less after final BA is submitted by
action agency
Conventional Section 7 Consultation
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Interagency coordination usually starts after
request for consultation
Action agency biologist or botanist makes
effect determinations
Action agency biologist or botanist develops
the BA
BA drafted primarily after EA is drafted
BO drafted after request for formal
consultation based on LAA determinations
Informal consultation completed after action
agency BA is submitted and reviewed for
sufficiency by FWS/NMFS; no set deadline for
FWS/NMFS response
Formal consultation and BO completed within
135 days after an adequate BA is received by
FWS/NMFS
Module 2: An Overview of Streamlined Consultation Procedure
Participants
Streamlining has been adopted by the FS, BLM, FWS and the NMFS within
the following geographic locations:
 FS Regions 1 (Northern Idaho & Montana), 4 (Southern Idaho Utah,
Nevada, and western Wyoming), 5 (California), and 6 (Oregon &
Washington)
 BLM State Offices, Field Offices and Resource areas in Northern California,
Idaho, Montana, Oregon, Washington
 FWS Regions 1 (Idaho, Oregon and Washington), Region 6 - (Montana
only), and 8 (California only)
 NMFS, Northwest Region (Idaho, Oregon and Washington) and Southwest
Region (California)
Module 2: An Overview of Streamlined Consultation Procedure
Interagency Teams
Level 1 Interagency Teams
 Level 1 teams are the core component of streamlining and are comprised of
fish, wildlife, and plant biologists designated by the four consulting
agencies to serve as team members.
 While each team member represents their respective agency, the most
important task of these individuals is to function together as a consultation
team. The team's role is to assist land managers in designing programs and
activities to minimize adverse impacts to listed and proposed species and
critical habitats.
 Level 1 teams reach determinations and findings by consensus though open
communication and collaboration. Most teams designate a Team Leader to
keep their work focused and to serve as a primary contact for Level 2.
Module 2: An Overview of Streamlined Consultation Procedure
The primary functions and duties of Level 1 Interagency Teams are as follows:
 1. Support development of BAs by identifying information needs;
recommending the appropriate scale of analysis; sorting, batching, and
prioritizing proposed actions; and reviewing findings of action agency
regarding consistency of proposed actions (relative to listed and proposed
species and proposed or designated critical habitat) with existing
conservation strategies, management plans and guidance, and/or
programmatic consultations.
 2. Review adequacy of draft BAs and information supporting effects
determinations.
 3. Discuss and agree upon possible reasonable and prudent measures and
terms and conditions to avoid or minimize incidental take in the BO.
 4. Serve as advisors to their respective Level 2 team and elevate
consultation issues as necessary.
 5. Report on the progress of consultation to their respective Level 2 team
and lines officers.
Module 2: An Overview of Streamlined Consultation Procedure
Level 2 Interagency Teams
 The Level 2 Team is comprised of staff supervisors and line officers who
ensure Level 1 teams successfully accomplish their duties.
The key duties of Level 2 teams are to:
 1. Ensure that Level 1 teams have sufficient resources and time to complete
consultations.
 2. Identify time frames and work priorities for consultations conducted by
the Level 1 team.
 3. Oversee and monitor performance of Level 1 teams and make
adjustments in workload or priorities as needed.
 4. Resolve disputed issues involving effects determinations, information
needs for BAs, or other matters elevated by the Level 1 team.
 5. Elevate unresolved issues to the Regional Executives with a cc to the
Interagency Coordinating Subgroup (ICS) chair.
Module 2: An Overview of Streamlined Consultation Procedure
Management Liaison
 A management liaison can be a Level 2 team member, line officer, or
supervisor whose role is to work with the Level 1 team leader as a facilitator
between Level 1 and Level 2 teams.
The key duties of a management liaison are as follows:
 1. Attends Level 1 meetings to promote cooperation and collaboration to
improve the effectiveness and efficiency of streamlining without swaying
the outcome of any consultation
 2. Observes Level 1 team dynamics and performance and is a resource to
help resolve Level 1 team issues.
 3. Works with the Level 1 team leader to alert the Level 2 team when
prescribed timelines are not being met and why.
Module 2: An Overview of Streamlined Consultation Procedure
Regional Technical Team (RTT)
 The RTT is comprised of technical specialists from regional/state offices of
the BLM, FS, FWS and NMFS that are not line officers or decision makers.
The primary functions and duties of the RTT include:
 1. Providing oversight and technical assistance on the consultation
streamlining process.
 2. Maintaining, updating, or revising streamlining procedures.
 3. Serving as primary advisors to the Interagency Coordinators Subgroup
(ICS) and Regional Executives on streamlining procedures and options for
resolution of issues elevated by Level 2.
 4. Facilitating consistency and communication among teams and across
regions/states.
 5. Providing support to Level 1 and 2 teams upon request from the
Regional Executives and the ICS, and helping to resolve technical questions
without formal elevation when possible.
 6. Maintaining and updating procedures, materials and information on
the streamlining website.
Module 2: An Overview of Streamlined Consultation Procedure
Interagency Coordinators Subgroup (ICS)
 The ICS is comprised of BLM, FS, FWS and NMFS senior staff in the Pacific
Northwest to provide oversight and resolution of issues for streamlining.
The ICS members function as key advisors to the Regional Executives and
Level 2 teams. ICS members are not line officers and do not make policy
decisions.
The primary functions and duties of the ICS include:
 1. Improving consultation efficiency and effectiveness by providing
updated streamlined consultation guidance.
 2. Providing policy leadership by investigating and clarifying policy issues
that require regional or national resolution.
 3. Promoting streamlined consultation training.
Module 2: An Overview of Streamlined Consultation Procedure
Regional Executives
 The Regional Executives of the BLM, FS, FWS, and the NMFS have decision
authority for issue resolution and policy guidance .
The primary functions and duties of the Regional Executives in the
consultation streamlining process include:
 1. Making decisions concerning policy and operational issues.
 2. Determining if issue elevation to the National Dispute Panel is
necessary.
Module 2: An Overview of Streamlined Consultation Procedure
National Dispute Panel
 The National Dispute Panel was established by a Memorandum of
Agreement on salvage-related activities under Public Law 104-19.
 The panel is comprised of representatives from the BLM, FS, FWS, NMFS
and EPA at the national level to resolve issues elevated by the Regional
Executives within 14 days after receipt of the issue.
Module 2: An Overview of Streamlined Consultation Procedure
Forest Supervisors and District Rangers, BLM Resource Area and District
Managers, FWS/NMFS Staff Biologists and Non-consulting Resource
Specialists:
 Personnel from the BLM, FS, FWS, and NMFS that do not serve as members of
Level 1, Level 2, RTT, ICS, or the Regional Executives , but are still integral to
the success of streamlining.
 Line managers who have decision-making authority in the NEPA process can
set sideboards for the scope of analysis and help clarify the feasibility of
potential methods for reducing adverse impacts of proposed actions on listed
species and critical habitat.
 Biologists not serving as Level 1 team members and other specialists can often
provide additional critical information.
Module 2: An Overview of Streamlined Consultation Procedure
Primary Phases of the Streamlined Consultation Process
 Early coordination during project planning, interagency collaboration on
document development, open exchanges of information and quick resolution
of elevated issues are all trademarks of successful streamlined consultations;
they occur over three primary phases:
 Phase 1: Early discussions by the Level 1 team about the proposed action, listed
species and critical habitat, their status in the action area; potential effects,
best available information, and preliminary effect determinations.
Module 2: An Overview of Streamlined Consultation Procedure
Primary Phases (cont.)
Phase 2: Development of BAs
 Phase 2 involves preparation of the BA by the Level 1 team based on
discussions, information, and preliminary effects determinations developed
during Phase 1. Phase 2 achieves consensus on what information will be
included in the final BA so that additional requests for information will not be
necessary. The BA should explain how the action is consistent with the land
management plan to evaluate effects of an action on listed or proposed species
and critical habitat.
 The action agency finalizes the BA with a written request to FWS/NMFS for
concurrence on NLAA determinations and requests initiation of formal
consultation for LAA determinations. Actions determined to have No Effect on
listed species or critical habitat do not require a response from FWS/NMFS.
 The Level 1 team must agree that the final BA is complete before it is submitted
to the FWS/NMFS.
Module 2: An Overview of Streamlined Consultation Procedure
Primary Phases (cont.)
Phase 3: Preparation of Letters of Concurrence (LOCs) and Biological Opinions (BOs)
 The FWS and NMFS are responsible for preparing LOCs and BOs. Both LOCs and BOs
can involve Level 1 team collaboration in writing, reviewing and editing.
 The FWS/NMFS retain statutory responsibility to develop reasonable and prudent
measures and terms and conditions to avoid or minimize incidental take of listed species.
However, they are generally based on Level 1 discussions of possible measures to
minimize adverse effects . In practice, Level 1 teams often collaborate and discuss RPM's
and T&C's in advance of a BO being issued by the FWS or NMFS.
 Under streamlining, the FWS/NMFS will respond to a request within 30 days for
concurrence after receipt of an agreed-upon final BA and within 60 days for formal
consultation after receipt of a final BA. The same time frames apply for reinitiation of
consultation (See Module 1).
 These timeframes are considered deadlines. The 60-day time frame for BOs may be
extended when consultations involve large-scale, complex, or programmatic actions. If
an extension is needed, the Level 1 and 2 teams must identify the need and concur on the
extension of the BO response prior to submitting the final BA.
Module 2: An Overview of Streamlined Consultation Procedure
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Issue Elevation Process
Resolving issues quickly and constructively is a key to streamlining. Elevation
of issues is prudent when substantial progress toward resolution is not
happening. Elevations should not be considered “failures” but that conflicting
policy or differences in interpretation of standards or direction may exist.
Level 1 teams should elevate issues when differences in interpretation preclude
achieving a consensus or clarification of policy is needed. The Level 1 team
should make every attempt to resolve the issue prior to elevation, including
seeking advice and guidance from the RTT.
Elevation is appropriate when direction is needed regarding timeframes or
workload priorities or guidance is needed on technical or policy issues.
Deciding officials such as Field Managers, District Rangers or Field Supervisors
may also elevate issues in coordination with the Level 1 team.
Module 2: An Overview of Streamlined Consultation Procedure
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Issue Elevation Process (cont.)
The Level 2 team members should discuss the elevation as soon as possible, preferably
within two weeks. Level 2 should review the issue, determine a course of action, and
identify a timeframe for reaching a Level 2 decision.
An elevation to Level 2 should either: resolve the issue with guidance to Level 1 (or
deciding official), or elevate to the Regional Executives. Either outcome should be
documented in a letter to Level 1 or the deciding official.
The Level 2 team should attempt to resolve the issue prior to higher elevation, including
seeking the advice of the RTT and the ICS. However, if resolution is not forthcoming,
Level 2 should elevate by letter to the Regional Executives (with a cc to the ICS chair).
The Regional Executives may designate staff (such as the RTT or ICS) to assist in
developing a response to make an interagency decision and provide direction or
instruction to the Level 1 and 2 teams. If the Regional Executives cannot resolve the
issue, it should be elevated to the National Dispute Panel with all the supporting
information provided by the Level 1 and Level 2 teams. When the issue is resolved, the
response and direction will be routed through the Regional Executives to the Level 2
team(s) and then to the Level 1 team(s) for action.