ESA Counterpart Regulations and NW Project Design Criteria for National Fire Plan Projects

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This section contains information and links for the ESA Counterpart Regulations that were developed for use only on National Fire Plan projects. It also contains information and tools for the design criteria for National Fire Plan projects.

The U.S. Forest Service, Bureau of Land Management, U.S. Fish and Wildlife Service, and National Marine Fisheries Service jointly agreed to revoke the March 4, 2004 National Fire Plan Counterpart Regulations Alternative Consultation Agreements, effective October 1, 2011.

The following information has been retained only as background on the Counterpart Regulations and how they worked.

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Counterpart Regulations for National Fire Plan Projects

What are the Counterpart Regs?
Powerpoint presentation that summarizes the key points of the regulations and associated processes.
June 8, 2004. (PPT, 79kb)

FAQs on the Counterpart Regs
May 5, 2004. (DOC, 96kb)

Counterpart Regulations for NFP - Federal Register of December 8, 2003
December 8, 2003. (PDF, 84kb)

BLM Alternative Consultation Agreement (ACA) - March 3, 2004
March 3, 2004. (PDF, 418kb)

BLM WO Letter on the Counterpart Regulations and ACA - IB No. 2004-008 of April 18, 2004
April 18, 2004. (PDF, 17kb)

BLM OR/WA Letter on OR/WA Supplemental Direction for Implementation of NFP Counterpart Regulations - IM No. OR-2004-085
June 16, 2004. (DOC, 217kb)

Att. 1 - Counterpart Regulations and Alternative Consultation Agreement
April 08, 2004. (PDF, 342kb) 
Att.2 - Training for Implementing the Joint Counterpart Endangered Species Act - Section 7 Consultation Regulations
May 12, 2004. (PDF, 444kb) 
Att.3 - National Fire Plan Counterpart Regulations Project Tracking
June 16, 2004. (XLS, 16kb) 

ID BLM Letter on Implementing Counterpart Regulations - IM ID-2004-069
May 27, 2004. (PDF, 190kb)

FS Alternative Consultation Agreement (ACA) - March 4, 2004
March 4, 2004. (DOC, 96kb)

FS WO Letter Counterpart Regulations for Consultation under ESA - May 10, 2004
May 10, 2004. (DOC, 48kb)

FS Region 6 Letter Counterpart Regulations - July 6, 2004
July 6, 2004. (DOC, 148kb)

Standards of Review for Determining Project Effects
Powerpoint program that addresses the standards of review from the Counterpart Regulations Training Course.
May 24, 2004. (PPT, 325kb)

2008 Evaluation of BLM and FS use of Counterpart Regulations

Use of ESA Section 7 Counterpart Regulations for Projects that Support the National Fire Plan. Program Review: Year One. NMFS, USFWS, USFS, BLM Report.
January 11, 2008 (PDF, 765kb)

Forest Service / Bureau of Land Management Action Plan for Activities Responsive to the Year One ESA Counterpart (CR) Report Recommendations.
February 7, 2008 (DOC, 56kb)

FS WO Letter on Counterpart Regulations Action Plan Items and Detailed Checklist for Documenting ESA Effects in the Biological Assessements and Evaluations.
June 27, 2008 (DOC, 59kb)

Counterpart Regulations Alternative Consultation Agreement Appendix 3 Supplement: Detailed "Checklist" of Components that Support ESA NLAA Determinations in Biological Assesment / Biological Evaluation (BAs/BEs) Documents. To be used by Biologists when Preparing ESA Section 7(a)(2) effects analyses and by line officers when using BA/BEs for project decision-making.
June 20, 2008 (DOC, 57kb)

Northwest Interagency National Fire Plan Project Design Criteria Process

Northwest Interagency NFP Fire Plan Project Design Criteria and Consultation Process Link
This process, although no longer updated, is useful for the design of "not likely to adversely affect" NFP projects. It is a complimentary tool for NLAA project design for both the Counterpart Regulations (see above) and the regular streamlined consultation procedures.

Northwest Interagency National Fire Plan Consultation Process Establishment Memo (DOC)
BLM/FS/FWS/NOAA Fisheries Memorandum. February 8, 2002. This is the original executive memo issuing the Northwest interagency NFP project design process and establishing expedited consultation agreement.

Northwest Interagency National Fire Plan Consultation Process - No Longer Updated (PDF)
BLM/FS/FWS/NOAA Fisheries Memorandum. January 10, 2005. This memo issues regional executive decision to no longer update the project design process. The process remains posted for use as a tool to aid ESA consultation and the design of "not likely to adversely affect" National Fire Plan projects.

Salmonid Project Design Criteria Link Salmonid information from Northwest interagency NFP Design and Consultation Process was updated in 2004 based on review information. These updated criteria also facilitates design of "not likely to adversely affect" NFP projects.