South Dakota Ecological Services Field Office

USFWS SOUTH DAKOTA ON-LINE PROJECT REVIEW PROCESS

In an effort to ensure continuity of operations of the South Dakota Ecological Services Field Office, please submit ALL project review requests in electronic format (email) until further notice. All project requests located within the South Dakota Office area of responsibility should be sent to southdakotafieldoffice@fws.gov. Other general correspondence for the South Dakota Ecological Services Field Office should be sent electronically to Sharon Blair.

• Looking for a species list?
• Seeking USFWS/Service’s environmental review of a project?
• Conducting scoping for a project?
• Initiating consultation for endangered species impacts from a project?
• Looking for guidance on endangered species, migratory birds, eagles, or NEPA for your project?

Then you have come to the right place!

This website provides an on-line Project Review Process for use by landowners, applicants, consultants, agency personnel, and any other individual or entity requiring U.S. Fish and Wildlife Service (Service) review or approval of their project within South Dakota. Complete this on-line process before contacting our office.

This on-line Project Review Process provides step-by-step instructions:

1. Allowing you to identify federally listed threatened and endangered species, federal candidate species, federally proposed species, federally designated critical habitat, and other federal trust resources that may be present in your project area.
2. Allowing you to determine if your project will adversely affect any of the above listed resources.
3. Informing you if additional consultation with the Service is necessary.

At the end of this Project Review Process you will:

1. Have a complete Project Review Package, which is required for our review.
2. Be able to determine if additional consultation with the Service is necessary OR be able to certify that you have completed required coordination with the Service under the Endangered Species Act¹ (ESA)

Wind energy projects:Follow our Project Review process (Step 1 below) and submit a complete Project Review Package to the Service for review regardless of the outcome in the Project Review Process. For more information, visit the FWS's Wind Energy webpage.

Communication tower projects: Additional information on communication towers and a self-certification procedure can be found here.

Before getting started, some things to consider….

Migratory Birds and Eagles

Please note that this step-wise project process does not currently address the Bald and Golden Eagle Protection Act (BGEPA) or the Migratory Bird Treaty Act (MBTA). Additional guidance for the BGEPA and for the MBTA is located here. Please utilize this guidance and include any information regarding your project’s impacts to bald and golden eagles or migratory birds in any project review request to our office.

National Environmental Policy Act

Our step-wise process provides information for your project review under the National Environmental Policy Act of 1969, as amended (NEPA) for federally listed species. However, these steps do not address other requirements under NEPA (i.e., wetlands, floodplains, and other important environmental resources). Compliance with NEPA is a separate process, that completed alone, does not ensure compliance with the ESA. The Federal action agency, not the Service, must ensure that all of the requirements necessary to comply with NEPA are met. For more information on NEPA compliance visit the Service’s national NEPA webpage.

To begin the project review process, proceed to Step 1.

¹Endangered Species Act of 1973 (16 U.S.C. 1531-1544, 87 Stat. 884), as amended.

STEP 1 - Determine your Action Area

The  action area action area
All areas to be affected directly or indirectly by the federal action and not merely the immediate area involved in the action.

Learn more about action area  is defined by federal regulation (50 CFR §402.02) as all areas to be affected directly or indirectly by the action and not merely the immediate area involved in the action. This analysis is not limited to the "footprint" of the action nor is it limited by the federal agency's authority. This action area will be the area referenced in all project review steps that follow. Failure to correctly define the action area as instructed will result in incorrect outcomes and may not comply with the ESA.

Consider the following activities when delineating your action area:

• Ground disturbance (including access roads)
• Changes in water quality and quantity (both surface and underground water)
• Air quality
• Lighting effects
• Noise disturbance

Image Details

STEP 2 – Delineate your action area and obtain an Official Species List

To accomplish these required tasks, you will be directed to use the Service's ‘Information, Planning and Conservation’ system ( IPaC IPaC
Information for Planning and Consultation (IPaC) is a project planning tool that streamlines the USFWS environmental review process

Learn more about IPaC  ). Use the stepwise process below to navigate the IPaC system. NOTE: you will need to come back to this webpage to complete the Project Review Process

Click here to open IPaC (https://ipac.ecosphere.fws.gov/ - a new window will open – do not close the Project Review window, as you will be coming back to this page). Follow these steps in IPaC to obtain an Official Species List:

Define your Action Area

• Click on the GET STARTED button in the middle of the page
• Click on the ENTER PROJECT LOCATION button
• Define your project location:
  • Use the + or – icons in the top right corner of the map or the Find Location option to locate your general project area
    • You also have the option to UPLOAD A SHAPE FILE in place of drawing your project boundaries
    • We do not recommend using the SELECT BY STATE OR COUNTY option, as this will result in list that has the potential to incorporate species that does not occur within your action area. The State/County option may be used for programmatic type requests.
  • Next, you will chose one of the three options – SKETCH, POLYGON, or LINE to draw your Action Area.
  • After drawing your Action Area, the map will automatically zoom in to your area. From there you can either confirm and CONTINUE or START OVER to further refine your Action Area.

Obtain an Official Species List

• Once your Action Area has been confirmed, you may click the REVIEW SPECIES AND RESOURCES button to look over the list for your Action Area. Do not send us this list as it is not considered the Official Species List.
• Your next step is to request an Official Species List by clicking on the REGULATORY DOCUMENTS tab near the top of the page and then click on REQUEST OFFICIAL SPECIES LIST.
  • You will be prompted to enter project and contact information.
  • After completing the requested information, click on the SUBMIT OFFICIAL SPECIES LIST REQUEST button.
  • An Official Species List will be emailed to the address you provided.

STEP 3 – Species Conclusion Table

You will need to complete a Species Conclusions Table using an official species list that is less than 90 days old. In the following section you will be completing the Species / Critical Habitat Column of the Species Conclusion Table.

Species and/or Critical Habitat Identified

If the Species List does not identify any listed or candidate species or designated critical habitat, then none are known to occur in the action area ,

• Enter “None identified” in the “Species/Critical Habitat” column and enter “no effect” in your “ESA Determination” column in your Species Conclusions Table (Table 1)
• Until the proposed project is implemented, check IPaC every 90 days to ensure that listed / candidate species information for the action area is current. If any changes to the species list occur, you must complete this Project Review Process for the newly identified species
• Proceed to STEP 4 below

If the Species List identifies critical habitat, listed or candidate species then these species may be present in the action area,

• Enter all of the species in the “Species/Critical Habitat” column in your Species Conclusions Table (Table 2)
• Enter all designated critical habitats and their associated species name in the “Species/Critical Habitat” column in your Species Conclusions Table (Table 3)
• The “Habitat Determination, Notes/Documentation and ESA Determination” cannot be completed at this point. The following Steps will guide you to completing the remainder of your Species Conclusion Table

Otherwise continue to Step 4.

STEP 4 – State Coordination

The Service recommends coordinating with the South Dakota Game, Fish, and Parks Natural Heritage Program (SDGFP) to address any state resource concerns. Each agency maintains a different database and has differing expertise and responsibilities regarding biological resources.

These agencies may identify biological resources, other than federally listed species, that they have authority over and may occur within your action area. Any environmental concerns raised by either the SDGFP must be coordinated with them, not the Service.

The Service recommends including any correspondence from SDGFP in your Project Review Package. However, the Service will not require that such correspondence be received from these agencies prior to submitting your Project Review Package. Meaning you can submit your Project Review Package without correspondence from SDGFP.

STEP 5 – Suitable Habitat

Now you need to determine whether the species identified in your Species Conclusion Table may occur in your action area based on habitat and if designated critical habitat may be altered. Species range information from IPAC is a more coarse scale determination and the distribution of a species within its range is usually not uniform. In this step you will be completing the “Habitat Determination” and “Notes / Documentation” columns of the Species Conclusion Table, which is the finest-scale determination of potential species presence..

Species:

• Review the species information provided in:
  • IPaC - you can return to the IPaC webpage you left open at STEP 2 and select the link for species info in the table
  • Information provided by SDGFP and SDNHI, and
  • Any other sources of information (e.g., habitat assessments, species surveys) available to determine whether the action area contains potential habitat for each species
    • Any species surveys that may result in take must be conducted by an Approved Surveyor.
    • If you have a previous survey of your site, consult the guidelines for survey expiration for plants and animals. Surveys are valid for a certain period of time based on the species’ life history. If your existing survey is no longer valid or the survey does not include the entire action area, a new survey may be needed.
• If you can confirm that potential habitat is absent within the action area:
  • Enter “no habitat present” in the “Habitat Determination” column of your Species Conclusions Table for the appropriate species (Table 4)
  • Enter the document source(s) of information you consulted and why you reached that conclusion in the “Notes / Documentation” column of the Species Conclusions Table (Table 4)
• If there may be habitat for a listed/candidate/proposed species or if you are uncertain about whether the habitat types may support any listed/candidate/proposed species, a habitat assessment is recommended
  • If the habitat assessment concludes that habitat is absent, Enter “no habitat present” in the “Habitat Determination” column of your Species Conclusions Table for the appropriate species
    • Enter the document source(s) of information you consulted and why you reached that conclusion in the “Results / Notes / Documentation” column of the Species Conclusions Table
    • Add habitat assessment reports to your Project Review Package
  • If habitat is confirmed to be present at the site (Table 4), enter ‘habitat present’ in the Habitat Determination column of the Species Conclusion Table for the appropriate species
    • Additional coordination with the Service is recommended
    • Species surveys may be recommended. (Please note that some species have seasonal restrictions when a survey can be conducted. Additionally, the timeframe a survey is considered valid can vary depending on the species)

Critical Habitat:

• If your Official Species List indicates that a species’ critical habitat exists within your project area, you must determine whether your project will alter the existing habitat
  • For example: repaving an existing road with no increase in road size in right-of-ways would not result in an alteration of the existing habitat
  • If existing habitat within critical habitat will be altered by the project, annotate by placing “alteration to critical habitat” in the conclusion column and document the type of alteration in the notes column
  • If existing habitat will not be altered by the project, annotate “no alteration to existing habitat” in the conclusion column and document the reason for determining no alteration in the notes column

Step 6

The "Species / Critical Habitat”, “Habitat Determination" and “Notes / Documentation” columns should be filled by this point. You will now need to complete the "ESA Determination" column in your Species Conclusions Table using the table below to assist you. The below table shows all the possible conclusions for each species and critical habitat and the “ESA Determinations” based on your conclusions.

After completing your Species Conclusion Table, proceed to Task 7 by selecting one of the following two options:

FEDERAL NEXUS - If your projects or program is authorized, funded, permitted, or implemented by a federal agency, or is on federal land, proceed to STEP 7a

NO FEDERAL NEXUS - If your project or program is not authorized, funded, permitted, or implemented by a federal agency, or is not on federal land, proceed to STEP 7b

STEP 7a – Completion and Submission of Projects with a Federal Nexus

Completion:

• If your “ESA Determination” for all species listed on your “Species Conclusion Table is “no effect” and there is no critical habitat present:
  • Please include a letter briefly describing the project, including location, modifications, and federal nexus, on company letterhead
  • If you do send Project Review Package because cooperative agencies require a response, the SD ESFO will review and respond
  • You should print off the Project Review Package to include in your files as documentation of ESA compliance
• If your “ESA Determination” for any species is “not likely to adversely affect” or for critical habitat is “not likely to adversely modify,”
  • Complete and print the [(currently disabled)- Online Concurrence Letter (PDF)]. Include this letter with your Project Review Package.
  • At a minimum, a complete review package consists of an Online Concurrence Letter, an Official Species List, a map, a completed Species Conclusion Table and a letter briefly describing the project, including location, modifications, and federal nexus, on company letterhead. Any additional documentation, such as survey reports, should also be submitted if they have a direct influence on the decision
  • If you are not a federal agency, please submit a letter from the federal agency acting as your nexus designating your organization as their non-federal representative
  • Submit the complete Project Review Package to this office at: southdakotafieldoffic@fws.gov
  • You will receive a response within 45 days
• If your “ESA Determination” for any species is “may affect, likely to adversely affect” or for critical habitat is “likely to adversely modify,”
  • Complete and print the [(currently disabled) - Online BA/BE Review Request Form (PDF) ]. Include this letter with your Project Review Package. (The red text in the letter are the sections that need completion.)
  • Develop and submit a Biological Evaluation (BE) or Biological Assehttps://www.fws.gov/media/south-dakota-esfo-ba-be-review-requestssment (BA). For more information on a BE and BA, click here
  • At a minimum, a complete review package consists of an Online Project Review Request Letter, an Official Species List, a map, a completed Species Conclusion Table. Any additional documentation, such as survey reports, should also be submitted if they have a direct influence on the decision
  • Submit the complete Project Review Package to this office at: southdakotafieldoffice@fws.gov
  • If you have not heard back from our office within 60 days after submission, we recommend coordinating with our office prior to proceeding with your project

Submission

• Please ensure you provide all of the requested information as we will not respond to your request until we receive a complete Project Review Package
• We request that you submit Project Review Packages electronically to us at:  southdakotafieldoffice@fws.gov
  • Please note that any single email, including attachments, must be smaller than 25 MB. If a single email would be larger than 25 MB, please spread out multiple attachments among several emails (use the same subject name and project reference in all emails related to an individual project); otherwise mail a hard copy or DVD to our office
• Project reviews submitted by email will receive a return receipt to inform you that your project package has been successfully submitted
  • Return receipt note: Our email return receipt is limited to provide only one response per email address every four hours. If you submit multiple requests within a four hour window, you may use the return receipt email from your initial project request as proof of additional project submittals
• Electronic correspondence will be processed faster; if this is not practical, please mail a hard copy or DVD containing the project review package to our office
  • Allow an additional 5 days for review of mailed packages
• Maintain a complete copy of the project review package since it will become an integral part of your official record of compliance

Please do not submit both an electronic and hardcopy request, as this will only increase our processing time and delay our response.

Fish and Wildlife Service Response:

 Upon receipt of your project review package, please allow the SDESFO 45 days (electronic submittal) and 50 days (hard copy submittal) to review the information provided and respond, if necessary.

STEP 7b – Completion and Submission of Projects with NO Federal Nexus

Completion:

• If your “ESA Determination” for each species and critical habitat is “no effect,”
  • You may print off the Project Review Package to include in your files for compliance under Section 9 of the ESA
  • No further coordination with this office is necessary
• If your ESA Determination” for any species is “may affect, likely to adversely affect” or “not likely to adversely affect” or for critical habitat is “likely to adversely modify," or “not likely to adversely modify”:
  • Complete and print the Online Project Review Request Form (PDF). Include this letter with your Project Review Package.
  • At a minimum, a complete review package consists of an Online Project Review Request Letter, an Official Species List, a map, a completed Species Conclusion Table and a letter briefly describing the project, including location, modifications, and federal nexus, on company letterhead. Any additional documentation, such as survey reports, should also be submitted if they have a direct influence on the decision
  • Submit the Project Review Package to this office for review under Section 9 of the ESA
  • The SD ESFO will contact you within 45 of project submission.  If you do not receive a response within 45 days, please contact us at southdakotafieldoffice@fws.gov
• Please ensure you provide all of the requested information as we will not respond to your request until we receive a complete Project Review Package
• We request that you submit Project Review Packages electronically to us at: southdakotafieldoffice@fws.gov
  • Please note that any single email, including attachments, must be smaller than 25 MB. If a single email would be larger than 25 MB, please spread out multiple attachments among several emails (use the same subject name and project reference in all emails related to an individual project); otherwise mail a hard copy or DVD to our office
• Project reviews submitted by email will receive a return receipt to inform you that your project package has been successfully submitted
  • Return receipt note: Our email return receipt is limited to provide only one response per email address every four hours. If you submit multiple requests within a four hour window, you may use the return receipt email from your initial project request as proof of additional project submittals
• Electronic correspondence will be processed faster; if this is not practical, please mail a hard copy or DVD containing the project review package to our office
  • Allow an additional 5 days for review of mailed packages
• Maintain a complete copy of the project review package since it will become an integral part of your official record of compliance

Please do not submit both an electronic and hardcopy request, as this will only increase our processing time and delay our response.

Fish and Wildlife Service Response:

 Upon receipt of your project review package, please allow the SDESFO 45 days (electronic submission) and 50 days (hard copy submission) to review the information provided and respond, if necessary. 

This concludes the Project Review process.