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Army and NOAA Sign Memorandum to Advance Endangered Species Act Consultations

January 06, 2022

NOAA and Army (Civil Works) sign memorandum which will advance maintenance of the nation’s infrastructure and reduce permit backlog while ensuring Endangered Species Act protections.

Bridge at sunset Beach bridge at sunset. Credit: Shutterstock

The U.S. Department of Army’s Office of the Assistant Secretary of the Army for Civil Works and the NOAA Administrator  signed a joint resolution memorandum. It articulates a national-level clarification on how the effects of projects involving existing structures, such as bulkheads and piers, on listed species and designated critical habitat in Endangered Species Act (ESA) Section 7 consultations are evaluated. The joint resolution memorandum was developed with the assistance of the White House Council on Environmental Quality.

The ESA requires the Army Corps of Engineers to consult with NOAA Fisheries before undertaking work or issuing permits to maintain structures that may affect species or habitat protected by the ESA. Consistent with the agencies’ respective statutory authorities and regulations, the memorandum explains how the agencies consult on infrastructure and maintenance projects that are important to the nation, while protecting species and habitat as required by the ESA.

Learn more about the memorandum