Implementing Endangered Species Act (ESA) Section 7 (a)(1) Conservation Planning During US Army Corps of Engineers (USACE) Coastal Engineering Projects

Abstract

This technical note was developed by the US Army Engineer Research and Development Center–Environmental Laboratory (ERDC-EL) to provide guidance to the US Army Corps of Engineers (USACE) on implementing Endangered Species Act* (ESA) Section 7(a)(1) conservation planning, in coordination with the US Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NMFS) during coastal engineering projects. USACE expends ~$200–$300 million each year on compliance, conservation, and other activities associated with the ESA (USACE 2022), and these expenditures often exceed those of other federal agencies (for example, US Bureau of Land Management) that have jurisdiction over far greater land holdings than USACE. To streamline the ESA compliance process, lower costs, and generate more positive outcomes for federally listed threatened and endangered species (TES), USACE was directed in June 2015 by the Deputy Commanding General (DCG) for Civil and Emergency Operations to proactively identify and incorporate conservation benefits into all projects when and where opportunities arise, under the authority of Section 7(a)(1) of the ESA (USACE 2015). The DCG identified Section 7(a)(1) conservation planning as a mechanism to efficiently achieve project purposes, create environmental value, and streamline the ESA Section 7(a)(2) consultation process.