What does the Endangered Species Act have to do with USACE permitting?
The USACE cannot issue its Section 10 or Section 404 permits until it satisfies its obligation to consult with the US Fish and Wildlife Service (USFWS), for land-based species, or the National Marine Fisheries Service (NMFS) for aquatic species. In processing applications received, the USACE must ask the resource agencies whether protected species are in the area. If protected species may be in the area, the USACE must prepare a biological assessment evaluating any potential impacts. If the USACE and the resource agencies concur that there is no jeopardy, the permit can be issued. No permit can be issued until all protected species issues are resolved.
