Identifying Appropriate Agencies and Stakeholders
The Commission requires all applicants to follow the consultation procedures in section 4.38 of our regulations. This information informs the Commission that the applicant has notified all relevant federal and state agencies, and other interested stakeholders, of the applicant's proposed project. Consultation provides tribes, non-governmental organizations, and stakeholders an opportunity to voice any concerns or request any studies that may be relevant to the proposed project. Consulting with the relevant federal and state agencies also ensures the applicant complies with other federal statutes, such as the Endangered Species Act (ESA), the National Historic Preservation Act (NHPA), and Magnuson-Stevens Fishery Act (Essential Fish Habitat). The applicant must document that all three stages of the consultation process has been fully satisfied.
Applicants should consult with the following agencies and stakeholders. Depending on the scope of the project, others may need to be consulted.
- Water resource and water quality agencies
- State fish and wildlife agencies
- U.S. Fish and Wildlife Service
- National Marine Fisheries Service (if migratory fish are in the project vicinity);
- Land or facility managing agencies (such as the Forest Service, Bureau of Reclamation, or the Army Corps of Engineers if the project occupies or affects federal lands or facilities)
- National Park Service
- Environmental Protection Agency
- State Historic Preservation Officer;
- Indian tribes and county and local municipalities in the project vicinity; and
- Private property owners on or bordering the project;
Non-governmental organizations also may have an interest in the project. For contact information for the potential stakeholders listed above and others you may consider contacting by state, see: Initial Consultation Contact List.
The applicant may request the Commission waive any or all of the consultation requirements. A waiver request must provide the following information:
- Documentation that the applicant has informed the agencies of its proposed project and its intent to request waiver of consultation requirements. Proof may be in the form of copies of the letters sent to the agencies.
- Documentation of agency concurrence that it supports waiver of consultation.