The Role of ICS and Management Prepared for: The Interagency Section 7 Streamlined Consultation Training Summit (February 18, 2004)

The ICS Role in the Elevation Process Informal ElevationInformal Elevation –Level 1 and 2 Teams should utilize the ICS (as well as other entities such as RTT, IC’s, IIT, Nat’l Riparian Service Team, etc.) to help resolve field implementation issues, technical questions, process problems, and policy issues or interpretation of existing streamlining guidance

The Role of ICS in the Elevation Process (continued) Formal ElevationFormal Elevation –Level 2 Teams should elevate unresolved issues to the Regional Executives with a “cc” to the ICS chair –ICS then has the responsibility to work with the Level 2 Team, RTT, and others to address the issue(s)

The Role of ICS in the Elevation Process (continued) Formal Elevation (continued)Formal Elevation (continued) –Elevated issues should be in a form that accurately captures the issue(s), and actions taken by Level 2 Team to resolve the issue(s) –ICS will make recommendations for resolution of issues or further elevation to the Regional Executives

The Role of ICS in the Elevation Process (continued) Formal Elevation (continued)Formal Elevation (continued) –The Regional Executives make the interagency decision and the outcome will be documented and distributed to appropriate interagency staff –If a consultation issue(s) cannot be resolved at the Regional Executive level, it will be elevated to the National Dispute Resolution Panel

The Role of Management Managers need to familiarize themselves with ESA and the Section 7 Streamlining ProceduresManagers need to familiarize themselves with ESA and the Section 7 Streamlining Procedures Managers need to be actively engaged in the processManagers need to be actively engaged in the process Managers need to demonstrate commitment to our “Shared Mission”Managers need to demonstrate commitment to our “Shared Mission”

The Role of Management Managers need to ensure that project proposals are getting to Level 1 Teams as early in the NEPA process as possibleManagers need to ensure that project proposals are getting to Level 1 Teams as early in the NEPA process as possible Managers need to ensure that projects are fully described and their effects are identified and appropriately analyzedManagers need to ensure that projects are fully described and their effects are identified and appropriately analyzed

The Role of Management (continued) All managers for all agencies need to involve their employees in the process as early as possibleAll managers for all agencies need to involve their employees in the process as early as possible It’s not OK to come in at the “eleventh hour”It’s not OK to come in at the “eleventh hour”

The Role of Level 1 Teams and Management Level 1 Teams should not be redesigning projects outside the scope of the original project proposalLevel 1 Teams should not be redesigning projects outside the scope of the original project proposal Who decides what’s inside or outside the scope of the original project proposal? – the line manager.Who decides what’s inside or outside the scope of the original project proposal? – the line manager.

The Role of Level 1 Teams and Management (continued) Level 1 Teams do have a role as a “recommending body” to suggest modifications to a preferred alternative, if and when they see opportunities to minimize impacts to listed species and their habitat, while staying within the purpose and need, and scope of the original projectLevel 1 Teams do have a role as a “recommending body” to suggest modifications to a preferred alternative, if and when they see opportunities to minimize impacts to listed species and their habitat, while staying within the purpose and need, and scope of the original project

The Role of Level 1 Teams and Management (continued) Any final decisions with respect to modification of the preferred alternatives lies with the line managerAny final decisions with respect to modification of the preferred alternatives lies with the line manager However, it should also be noted that any final determination in a biological assessment lies with the action agency biologist and/or Level 1 TeamHowever, it should also be noted that any final determination in a biological assessment lies with the action agency biologist and/or Level 1 Team

What Did He Just Say? When it comes to project modification or project mitigation, the Level 1 Team plays a “recommending” roleWhen it comes to project modification or project mitigation, the Level 1 Team plays a “recommending” role The line manager makes the final decision as to whether to buy into the recommendation or notThe line manager makes the final decision as to whether to buy into the recommendation or not

But... Ignoring or declining said recommendations are not without consequenceIgnoring or declining said recommendations are not without consequence For example, by declining these recommendations, the Level 1 Team and/or action agency biologist may have to make a LAA determination whereas they may have been able to make a NLAA determination if the recommendations were adopted.For example, by declining these recommendations, the Level 1 Team and/or action agency biologist may have to make a LAA determination whereas they may have been able to make a NLAA determination if the recommendations were adopted.

Keep in Mind & Remember There are trade-offs involved hereThere are trade-offs involved here In order to be successful, it will require some “give and take”, and constant involvement and communicationIn order to be successful, it will require some “give and take”, and constant involvement and communication Level 1 Teams, Level 2 Teams, and all Line Managers have a responsibility to our “Shared Mission”Level 1 Teams, Level 2 Teams, and all Line Managers have a responsibility to our “Shared Mission”

Our “Shared Mission” Per the August 30, 2000 Interagency Memorandum of Agreement regarding ESA Section 7 Programmatic Consultation and Coordination, our “Shared Mission” is:Per the August 30, 2000 Interagency Memorandum of Agreement regarding ESA Section 7 Programmatic Consultation and Coordination, our “Shared Mission” is: –“… enhance conservation of imperiled species while delivering appropriate goods and services provided by the lands and resources managed by the signatory agencies”

Roles & Responsibilities Role: It’s perfectly OK for Level 1 Teams and action agency biologists to question project proposals and make recommendationsRole: It’s perfectly OK for Level 1 Teams and action agency biologists to question project proposals and make recommendations Role & Responsibility: It’s also the line managers role & responsibility to listen to and consider these recommendationsRole & Responsibility: It’s also the line managers role & responsibility to listen to and consider these recommendations Responsibility: However, we all need to recognize that at a certain point in the process, the line manager needs to balance this input with everything else they have to consider (budgets, personnel, etc) and make the final decisionResponsibility: However, we all need to recognize that at a certain point in the process, the line manager needs to balance this input with everything else they have to consider (budgets, personnel, etc) and make the final decision

Roles & Responsibilities Role: It’s perfectly OK for line managers to question BA effects analysis and determinations and to question the need for additional mitigation requirementsRole: It’s perfectly OK for line managers to question BA effects analysis and determinations and to question the need for additional mitigation requirements Role & Responsibility: It’s the Level 1 Teams and action agency biologists role & responsibility to respond to these questionsRole & Responsibility: It’s the Level 1 Teams and action agency biologists role & responsibility to respond to these questions Responsibility: However, at a certain point in the process, the Level 1 Team or action agency biologist needs to make their final determinationResponsibility: However, at a certain point in the process, the Level 1 Team or action agency biologist needs to make their final determination

Questions? Comments?