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GAO-09-225R: 

United States Government Accountability Office: 
Washington, DC 20548: 

December 19, 2008: 

The Honorable Nick J. Rahall, II: 
Chairman:
Committee on Natural Resources:
House of Representatives: 

The Honorable Peter DeFazio:
House of Representatives: 

The Honorable Jay Inslee:
House of Representatives: 

Subject: Endangered Species Act: Many GAO Recommendations Have Been 
Implemented, but Some Issues Remain Unresolved: 

The Endangered Species Act (ESA) of 1973 protects plant and animal 
species that are either facing extinction (endangered species) or are 
likely to face extinction in the foreseeable future (threatened 
species) and protects the ecosystems upon which they depend. The act 
includes provisions for listing species that need protection, 
designating habitat deemed critical to a listed species' survival, 
developing recovery plans, and protecting listed species against 
certain harms caused by federal and nonfederal actions. Since the act's 
inception, more than 1,300 species occurring in the United States or 
its territories have been placed on the list of threatened and 
endangered species. The Department of the Interior's U.S. Fish and 
Wildlife Service (FWS) and the Department of Commerce's National Marine 
Fisheries Service (NMFS)--collectively referred to as "the services"-- 
are responsible for administration and implementation of the ESA, but 
all federal agencies have responsibilities for protecting species under 
the act.[Footnote 1] 

The act has long been a lightning rod for political debate about the 
extent to which the nation's natural resources should be protected and 
how best to protect them. Proponents of the act believe that it is 
important to preserve the unique characteristics of each species as a 
practical response to the impact that humans are having on the earth, 
and some believe that there is a moral obligation to do so. Some 
critics of the act deemphasize the importance of preserving every 
individual species and argue that doing so, in many cases, is too 
costly--especially when implementation of the act results in 
restricting the use of public and private land and resources. Others 
question the validity and completeness of the data used to make 
decisions under the act. Litigation regarding various aspects of 
implementation of the act has consumed considerable program resources. 

Over the last 10 years, we have reported on many of the major program 
areas of the ESA--listing, critical habitat, recovery, and the 
consultation process by which federal agencies ensure that their 
actions do not cause certain harms to listed species--and have made a 
number of recommendations for improvements. This report discusses 
recommendations that have been implemented and those that have not. 
Three of the five enclosures to this report contain background on the 
ESA (enclosure I), a report-by-report summary of the actions taken to 
implement GAO recommendations (enclosure II), and a list of GAO reports 
that discuss the ESA but do not contain recommendations related to its 
implementation (enclosure III). 

To conduct this follow-up review, we gathered information on agency 
actions from program officials and reviewed documentation where 
appropriate. We conducted this performance audit from August 2008 to 
December 2008 in accordance with generally accepted government auditing 
standards. Those standards require that we plan and perform the audit 
to obtain sufficient, appropriate evidence to provide a reasonable 
basis for our findings and conclusions based on our audit objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. We provided 
a draft of this report to those federal agencies to which we made prior 
recommendations: the U.S. Department of Agriculture (USDA), Commerce, 
the Department of Defense (DOD), and Interior. 

Summary: 

FWS, NMFS, and other federal agencies have implemented a majority of 
the recommendations that we have made over the last 10 years to 
strengthen implementation of the act. For example, FWS and NMFS have 
directed staff to include time and cost estimates for recovering 
species in recovery plans as well as a discussion of the five criteria 
used to make listing and delisting decisions to reduce confusion about 
when it is appropriate to propose delisting a species. In addition, 
FWS, NMFS, and some federal agencies they consult with on federal 
actions have continued to work together to improve efficiencies in the 
consultation process by adding guidance, expanding training, and 
disseminating information about the process. The agencies have also 
evaluated and incorporated improvements to the process, including 
"streamlining," in which interagency teams of biologists seek consensus 
on proposed actions prior to formal consultation. Furthermore, FWS and 
other agencies have signed memorandums of understanding to enhance and 
encourage collaboration for the conservation of listed species. For 
example, in 2005, USDA, DOD, and Interior signed an interagency action 
plan for endangered species management affecting DOD lands. As we have 
previously mentioned, we discuss other recommendations that have been 
implemented in enclosure II. 

Almost one-third of our recommendations, however, have not been 
implemented. Specifically, 

* FWS has yet to clarify the role of critical habitat and how and when 
it should be designated, as we recommended in 2002 and 2003.[Footnote 
2] As we noted in our reports, the critical habitat process has been 
the subject of significant litigation, largely due to FWS not 
designating habitat when required, and has consumed significant program 
resources. FWS has drafted a policy document that is going through 
departmental review, and, in 2006, the service convened a team to 
provide recommendations to the Secretary of the Interior regarding 
changes to the regulations implementing the act. FWS does not expect 
the policy or regulations to be final until the spring of 2009 or 
later. Delays have been caused by higher-priority work; court 
decisions, including adverse rulings; and other policy decisions. 

* FWS has not issued annual endangered species expenditure reports in a 
timely fashion, as we recommended in 2003.[Footnote 3] Reports for 
fiscal years 2005 and 2006 were issued in December 2008; the report for 
expenditures in fiscal year 2007 is expected to be issued in early 
2009. An FWS official told us that FWS has issued these reports late 
because of delays in receiving data from some states, but that the 
agency is implementing a new process to improve their timeliness in 
issuing future reports. 

* FWS, NMFS, and other federal agencies either have not resolved 
certain disagreements in the consultation process or have not ensured 
that their agreements are disseminated to all staff involved in 
consultations, as we recommended in 2004.[Footnote 4] For example, the 
agencies disagree about how to evaluate the impact of ongoing water 
operations--such as dam operations--that began before enactment of the 
ESA. Some agency officials believe that these types of disagreements 
are inherent, given the competing priorities of some agency missions 
and implementation of the ESA, and need to be dealt with on a case-by- 
case basis. However, other officials believe that additional guidance 
would be helpful in resolving these disagreements. 

* FWS and NMFS are not tracking the amount of time spent by federal 
agencies during "preconsultation"; that is, the time spent preparing 
for consultation before the process officially begins. We recommended 
in 2004 that the agencies do so in response to a myriad of concerns 
about the length of time spent in preconsultation.[Footnote 5] FWS and 
NMFS officials told us that they have not tracked time in 
preconsultation because doing so is difficult. NMFS officials said that 
they have instead focused resources on higher-priority activities. FWS 
recently formed an oversight committee for their consultation tracking 
system and will consider tracking preconsultation activities. We 
recognize the difficulty that may be involved in tracking the time 
spent, and it appears that concerns about the time spent in 
preconsultation have lessened now that the agencies have more 
experience with the process. 

* Although it has plans to do so, FWS has not periodically assessed 
expenditures on species in relation to their relative priority, nor has 
it publicly discussed the factors other than relative priority that 
affect funding decisions, as we recommended in 2005.[Footnote 6] FWS 
plans to implement both recommendations beginning with the fiscal year 
2008 Recovery Report to Congress, which the agency expects to issue by 
December 2009. We made this recommendation to improve transparency 
about funding decisions because a number of species that receive 
significant funding are lower in priority than other species that 
receive little or no funding. 

* FWS, the Farm Service Agency (FSA), and the Natural Resources 
Conservation Service are working together to add FSA to an existing 
memorandum of understanding for coordinating conservation programs that 
can benefit threatened and endangered species, as we recommended in 
2006; these agencies plan to modify the current memorandum of 
understanding by September 2009.[Footnote 7] 

Agency Comments: 

Interior provided additional details on the actions it has taken to 
address those of our recommendations that have not yet been 
implemented, and we have incorporated these details as appropriate. 
Commerce had no comments on the draft report, but noted that it was 
committed to providing guidance as needed and working with FWS with an 
ultimate goal of clarifying issues surrounding the consultation 
process. USDA provided technical clarifications that we have 
incorporated. DOD had no comments on the draft report. Interior's 
comment letter is presented in enclosure IV. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies of this report 
to interested congressional committees; the Secretaries of Agriculture, 
Commerce, Defense, and the Interior; and other interested parties. In 
addition, the report will be available at no charge on the GAO Web site 
at [hyperlink, http://www.gao.gov]. 

If you or your offices have questions about this report, please contact 
me at (202) 512-3841 or nazzaror@gao.gov. Contact points for our 
Offices of Congressional Relations and Public Affairs may be found on 
the last page of this report. Key contributors to this report are 
listed in enclosure V. 

Signed by: 

Robin M. Nazzaro:
Director, Natural Resources and Environment: 

Enclosures - 5: 

[End of section] 

Enclosure I: 

Background: 

The purpose of the Endangered Species Act (ESA) of 1973 is to conserve 
threatened and endangered species and the ecosystems upon which they 
depend. An endangered species is a species facing extinction throughout 
all, or a significant portion of, its range; threatened species are 
those likely to become endangered in the foreseeable future. The 
process to "list" species for protection under the act begins either 
through the Department of the Interior's U.S. Fish and Wildlife 
Service's (FWS) or the Department of Commerce's National Marine 
Fisheries Service's (NMFS) own initiative or through a petition 
(referred to as a 90-day petition) from an interested person, and it is 
governed by the act, federal regulations, and other guidance that the 
services may issue. If petitioned, the services must comply with time 
frames in the act for responding with a decision about whether a 
species warrants listing. As of November 2008, 1,331 species that occur 
in the United States or its territories were listed for protection 
under the act. FWS has primary responsibility for the vast majority of 
these species; FWS and NMFS share responsibility for 6 species of sea 
turtles. When a species is listed, the act also generally requires the 
agencies to designate critical habitat--which is habitat essential to 
species conservation. As of November 2008, the services had designated 
critical habitat for 520 species. 

The act requires the services to develop recovery plans for the 
conservation and survival of threatened and endangered species, unless 
the services determine that a plan will not promote their conservation. 
The act directs the services, to the maximum extent practicable, to 
incorporate in each recovery plan (1) a description of the site- 
specific management actions necessary to achieve the plan's goal for 
the conservation and survival of the species; (2) objective, measurable 
criteria that will result in a determination that the species can be 
"delisted," or removed from the list of threatened and endangered 
species; and (3) estimates of the time and cost required to carry out 
the measures needed to achieve the plan's goal. A recovery plan may 
include a variety of methods and procedures to recover listed species, 
such as habitat acquisition and restoration to prevent extinction or 
further decline, and other on-the-ground activities for managing and 
monitoring endangered species. The act requires the services to 
establish guidelines for prioritizing the development and 
implementation of recovery plans for species. 

As of November 2008, 1,128 species had approved recovery plans. The act 
requires that the Secretaries of Commerce and the Interior report 
biennially to certain congressional committees on efforts to develop 
and implement recovery plans and on the status of all species for which 
plans have been developed. The act also requires FWS to submit to 
Congress on or before January 15 of each year a report of the prior 
fiscal year's federal expenditures for the conservation of threatened 
and endangered species on a species-by-species basis as well as 
expenditures by states receiving federal assistance for such 
conservation activities. 

Before authorizing, funding, or carrying out activities, federal 
agencies must determine whether these activities might affect a listed 
species or designated critical habitat. If effects are likely, the 
agencies must consult with FWS and/or NMFS to ensure that the 
activities will not jeopardize a species' continued existence or 
adversely modify its designated critical habitat. To initiate the 
consultation process, an agency submits a biological assessment or 
similar document to the services that describes the proposed activity 
and its likely effects on listed species and habitat. Consultation 
usually ends with the services issuing their own assessments of the 
likely effects, including any recommendations or requirements to 
mitigate these effects. Although there are set time frames for 
completing consultations, federal agencies and the services often 
discuss proposed activities' designs, effects, mitigation, 
documentation, or other matters in "preconsultation" sessions, which 
occur before these time frames begin. 

[End of section] 

Enclosure II: 

Summary of GAO Recommendations and Implementation Status: 

GAO-01-203 - Fish and Wildlife Service: Challenges to Managing the 
Carlsbad, California, Field Office's Endangered Species Workload: 

(1) FWS should ensure that the Carlsbad field office's new computerized 
project-tracking system for consultations and habitat conservation 
plans is properly implemented and that procedures are developed to 
periodically review the data to determine that they are promptly and 
accurately entered. 

Agency Actions: 

* The Carlsbad field office developed a computerized database in 2001 
to track workload, including section 7 consultations and habitat 
conservation plans. Supervisory staff developed quality control 
measures and applied them to the database to help ensure consistency 
and accuracy of the information entered in the database, and the 
database administrator implemented random checks on projects entered in 
the database to ensure that data for all required fields are properly 
entered. 

GAO Analysis: 

* This recommendation has been implemented. 

(2) FWS should assess whether a computerized project-tracking system, 
such as the one being implemented in the Carlsbad office, will allow 
consistency and accuracy in obtaining and reporting information on the 
status of consultations and the habitat conservation plan workload and, 
if so, consider whether such a system should be implemented Service- 
wide. 

Agency Actions: 

* FWS determined that a computerized project tracking system would 
assist in improving consistency and accuracy in obtaining and reporting 
information on the status of consultations and the habitat conservation 
plan workload. 

* FWS implemented a nationwide database--the Tracking and Integrated 
Logging System (TAILS)--in 2007 that tracks consultations and plans to 
expand TAILS to include habitat conservation plans in 2009. 

GAO Analysis: 

* This recommendation has been implemented. 

FWS should ensure that the Carlsbad field office complies with federal 
internal control standards by centrally locating all files on 
consultations and habitat conservation plans. Furthermore, the Carlsbad 
office should develop procedures to periodically review these files to 
determine if they contain the complete history of the projects, 
including documentation of all agreements between the applicant and the 
Service. 

Agency Action: 

* In 2001, the Carlsbad field office purchased additional file storage 
equipment to centralize all files originating in fiscal year 2001. All 
project files are now kept in the centralized filing area, and each 
file is cross-referenced with a unique number that corresponds to its 
entry in the new computerized database for tracking the office's 
workload. The office's filing system is also cross-referenced with 
TAILS. 

GAO Analysis: 

* This recommendation has been implemented. 

(4) FWS should identify and assess options for improving the Carlsbad 
office's ability to hire and retain staff. 

Agency Action: 

* Interior worked with the Office of Personnel Management to establish 
an open register for fish and wildlife biologist positions to help 
improve the field office's ability to more quickly recruit qualified 
candidates. Use of the open register became effective in February 2001. 
FWS officials believed that by filling vacancies, it would contribute 
to improving the staff retention rate by redistributing and reducing 
the high workloads that were the cause of some staff separations. 

GAO Analysis: 

* This recommendation has been implemented. However, a Carlsbad 
official told us that the high cost of living and high workloads 
continue to be issues for employee retention. This official said that 
although reduced, loss of staff to other offices and other federal 
agencies continues. 

(5) FWS should revise its customer service policy to include specific 
requirements for a customer complaint system and make that system 
easily accessible to the public. 

Agency Action: 

* FWS implemented a customer service center that receives questions and 
complaints from the public and can be accessed via the FWS Web site or 
a toll-free number, which receives most of the inquiries and is run by 
a contractor. FWS has written procedures for handling complaints, and 
the contractor responds to routine questions and refers complex calls 
to FWS headquarters. The contractor also refers issues to headquarters 
when it detects particular patterns in the types of calls or concerns 
that are raised. 

GAO Analysis: 

* This recommendation has been implemented. 

GAO-02-581 - Endangered Species Program: Information on How Funds Are 
Allocated and What Activities Are Emphasized: 

(1) FWS should expedite its efforts to develop guidance on designating 
critical habitat for listed species. 

Agency Action: 

* In 1999, Interior published a notice in the Federal Register 
soliciting comments on its intention to develop guidance to clarify the 
role of critical habitat in conserving endangered species. This notice 
acknowledged the need for a more efficient and cost-effective process 
for designating critical habitat, because responding to critical 
habitat litigation had significantly delayed other service listing 
activities. FWS has drafted a critical habitat policy that is going 
through departmental review, and, in 2006, the service convened a team 
to provide recommendations to the Secretary of the Interior regarding 
changes to the regulations implementing the act. The draft critical 
habitat guidance is again being reviewed and revised by FWS to address 
a recent opinion from Interior's Office of the Solicitor and draft 
internal guidance on critical habitat exclusions. FWS does not expect 
the policy or regulations to be final until the spring of 2009 or 
later. Delays have been caused by higher-priority work; court 
decisions, including adverse rulings; and other policy decisions. 

GAO Analysis: 

* This recommendation has not been implemented. 

(2) FWS should review the processes being used across the agency to 
charge staff time to different program areas. 

Agency Action: 

* In 2005, FWS implemented activity-based costing, which is intended-- 
among other things--to ensure that employees record work as it was 
actually performed, as opposed to how the work was planned or budgeted. 

GAO Analysis: 

* This recommendation has been implemented. 

GAO-03-23 - Endangered Species: Research Strategy and Long-Term 
Monitoring Needed for the Mojave Desert Tortoise Recovery Program: 

(1) FWS should develop and implement a coordinated research strategy 
for the desert tortoise that would link land management decisions with 
research results. 

Agency Actions: 

* Interior has taken a number of actions to coordinate research and 
land management decisions. In 2004, FWS created a Desert Tortoise 
Recovery Office (DTRO) that organizes regular meetings of the Desert 
Tortoise Management Oversight Group, which federal, state, and local 
land managers and researchers attend. Topics discussed at these 
meetings include the status of monitoring efforts, planned management 
actions, and recovery plan revision. The DTRO is supported by a Science 
Advisory Committee that advises the office and its cooperators on the 
overall scientific direction of the recovery effort, assesses the 
efficacy of monitoring, prioritizes research and research-based 
recovery actions, evaluates research results and recovery progress, and 
consults outside scientific experts, as necessary. In 2006, the U.S. 
Geological Survey issued a report that evaluated the effectiveness of 
recovery actions and made recommendations for additional science and 
monitoring, which the DTRO and its cooperators are working to 
implement. In addition, the revised draft recovery plan for the 
tortoise, which was issued in August 2008, also places a strong 
emphasis on coordinating research and management. 

GAO Analysis: 

* This recommendation has been implemented. 

(2) FWS should periodically reassess the desert tortoise recovery plan 
to determine whether scientific information developed since its 
publication could alter implementation actions or allay some of the 
uncertainties about the plan's recommendations. 

Agency Actions: 

* In 2003, FWS appointed a committee to carry out a scientific 
assessment of the desert tortoise recovery plan in advance of any 
renewal or revision of the plan. The committee reported their findings 
in October 2004. Primary findings were that the recovery plan was 
fundamentally strong, but that it could benefit substantially from 
revision in several areas. FWS issued a draft revised recovery plan in 
August 2008. 

GAO Analysis: 

* This recommendation has been implemented. 

(3) The Secretary of the Interior should work with the Secretary of 
Defense and other agencies and organizations involved in tortoise 
recovery to identify and assess options for securing continued funding 
for rangewide population monitoring, such as developing memorandums of 
understanding between organizations. 

Agency Actions: 

* A number of federal and state land management agencies have signed a 
memorandum of agreement for conserving and enhancing the California 
deserts for current and future generations, including carrying out 
recovery actions for the desert tortoise. Signatories include the 
Bureau of Land Management (BLM), FWS, National Park Service, U.S. 
Forest Service, Bureau of Indian Affairs, U.S. Geological Survey, Army, 
Navy, Air Force, Marines, California state parks, California Department 
of Transportation, and three large California counties. These entities 
meet regularly to discuss impacts on the California desert and what 
resources and management actions are needed to address these impacts, 
including actions for desert tortoise recovery. In addition, the 
agencies on the Desert Tortoise Management Oversight Group are 
preparing to sign a charter for their group that will include a 
commitment to seek funding for monitoring. 

GAO Analysis: 

* This recommendation has been implemented. 

(4) FWS should issue the annual expenditure reports as required by the 
law, and advise Congress if reports are incomplete because not all 
agencies have provided the information requested. 

Agency Actions: 

* FWS did not provide the reports for expenditures on endangered 
species in fiscal years 2005 and 2006 to Congress until December 2008. 
FWS has gathered data needed for the fiscal year 2007 report and 
expects to send it to Congress in early 2009. An FWS official 
attributed the delays primarily to delays in receiving information from 
several state agencies on their expenditures for endangered species. 
FWS is implementing a new process for collecting data from the states 
and is now working to complete the reports in a more timely fashion. 

GAO Analysis: 

* This recommendation has not been implemented, but FWS has plans to do 
so. 

GAO-03-803 - Endangered Species: Fish and Wildlife Service Uses Best 
Available Science to Make Listing Decisions, but Additional Guidance 
Needed for Critical Habitat Designations: 

(1) FWS should provide clear strategic direction for the critical 
habitat program, within a specified time frame, by clarifying the role 
of critical habitat and how and when it should be designated, and 
recommending policy/guidance, regulatory, and/or legislative changes 
necessary to provide the greatest conservation benefit to threatened 
and endangered species in the most cost-effective manner. 

Agency Actions: 

* In 1999, Interior published a notice in the Federal Register 
soliciting comments on its intention to develop guidance to clarify the 
role of critical habitat in conserving endangered species. This notice 
acknowledged the need for a more efficient and cost-effective process 
for designating critical habitat, because responding to critical 
habitat litigation had significantly delayed other service listing 
activities. FWS has drafted a critical habitat policy that is going 
through departmental review, and, in 2006, the service convened a team 
to provide recommendations to the Secretary of the Interior regarding 
changes to the regulations implementing the act. The draft critical 
habitat guidance is again being reviewed and revised by FWS to address 
a recent opinion from Interior's Office of the Solicitor and draft 
internal guidance on critical habitat exclusions. FWS does not expect 
the policy or regulations to be final until the spring of 2009 or 
later. Delays have been caused by higher-priority work; court 
decisions, including adverse rulings; and other policy decisions. 

GAO Analysis: 

* This recommendation has not been implemented. 

GAO-03-976 - Military Training: Implementation Strategy Needed to 
Increase Interagency Management for Endangered Species Affecting 
Training Ranges: 

The Secretaries of Defense, the Interior, and Agriculture should 
jointly develop and implement an interagency strategy that includes a 
systematic methodology to identify opportunities for cooperative 
management efforts, funding sources, science and technology sources, 
and goals and criteria to measure success. 

Agency Actions: 

* The three departments signed an interagency action plan for 
endangered species management affecting Department of Defense (DOD) 
lands in 2005 that includes an interagency strategy with the elements 
described in our recommendation. 

GAO Analysis: 

* This recommendation has been implemented. 

(2) The Secretaries of Defense, the Interior, and Agriculture should 
jointly develop a comprehensive training program for federal land 
managers, to include senior executives, regional, and on-site staff to 
identify and implement opportunities for interagency cooperation. 

Agency Actions: 

* The three departments established a joint working group and developed 
a plan to identify opportunities for cooperative management and 
training. 

* DOD developed a Web-based system, Defense Environmental Network & 
Information Exchange, which contains a detailed calendar that provides 
users with information on upcoming events such as training courses, 
seminars, and conferences on environmental stewardship--including 
endangered species management--at DOD, other federal agencies, the 
private sector, and international sites. 

* The U.S. Geological Survey manages a Web-based exchange called "The 
National Biological Information Infrastructure," which allows land 
managers to share information within and across agencies and 
organizations. The data repository provides information on research and 
monitoring efforts as well as training conferences for land managers, 
researchers, and others. 

GAO Analysis: 

* This recommendation has been implemented. 

(3) The Secretaries of Defense, the Interior, and Agriculture should 
jointly create a centralized or easily accessible source of information 
on cooperative management efforts that includes elements such as 
lessons learned, best practices, and agency contacts for federal land 
managers. 

Agency Actions: 

* The departments established a joint working group and created the 
"Threatened and Endangered Species Document and Data Repository," which 
allows federal land managers to share information within and across 
agencies and organizations on threatened and endangered species 
research and monitoring efforts as well as other species information. 

GAO Analysis: 

* This recommendation has been implemented. 

(4) Matter for Congressional Consideration - Congress may wish to 
consider requiring the Secretaries of Defense, the Interior, and 
Agriculture to jointly report each year on their efforts to manage 
cooperatively for endangered species affecting military training ranges 
and share the burden of land use restrictions. 

Congressional Actions: 

* Rather than requiring annual reports, Congress has required reports 
on individual efforts to manage endangered species affecting military 
training ranges. For example, the 2004 National Defense Authorization 
Act directed the Secretary of Defense to establish a task force--made 
up of representatives from the military, state and federal wildlife 
agencies, and wildlife and environmental interest groups--to explore 
ways to resolve conflicts between training and species protection at 
the Barry M. Goldwater Range in Arizona. The act also required the 
Secretary of the Interior to prepare a report, in consultation with the 
Secretaries of Agriculture and Defense, on water-use management 
measures and conservation measures at Fort Huachuca, Arizona, and 
Sierra Vista subwatershed. 

GAO Analysis: 

* This matter for congressional consideration has been implemented. 

GAO-04-93 - Endangered Species: More Federal Management Attention Is 
Needed to Improve the Consultation Process: 

(1) FWS and NMFS should work together with the action agencies we 
reviewed (and others the services may deem appropriate) to determine 
how best to capture the level of effort devoted to preconsultation in 
their data systems and ensure that such information is gathered, 
maintained, and used to manage the process effectively. 

Agency Actions: 

* NMFS and FWS have determined that it is difficult to capture the 
level of effort in preconsultation, the sometimes lengthy discussions 
that occur before formal consultation with agencies. NMFS officials 
stated that it is difficult to discern how much work during 
preconsultation should be attributed to the ESA because preconsultation 
often includes discussion of other subjects, such as compliance with 
other federal, state, and local requirements. NMFS officials also 
stated that determining the level of effort was not a priority, given 
limited resources. FWS officials had similar concerns, although the 
agency has recently formed an oversight committee for its consultation 
tracking system and will consider tracking preconsultation activities. 

GAO Analysis: 

* This recommendation has not been implemented, and it is unclear 
whether the agencies will do so for the reasons stated above. However, 
we recognize the difficulty that may be involved in tracking the time 
spent, and it appears that concerns about the time spent in 
preconsultation have lessened now that the agencies have more 
experience with the process. 

(2) FWS, NMFS, the U.S. Army Corps of Engineers (Corps), the Bureau of 
Reclamation, BLM, and the U.S. Forest Service should work together to 
resolve disagreements about when consultation is needed and how 
detailed an analysis is necessary given a proposed activity's likely 
effects on species or habitat, and ensure that their agreements are 
disseminated quickly to all staff involved in consultations as well as 
to the public. 

Agency Actions: 

* FWS, NMFS, BLM, and the Forest Service have continued to devote 
significant effort to supporting the use of "streamlining," a process 
in which interagency teams of biologists seek consensus on proposed 
actions before formal consultation. Officials at some of these agencies 
noted that most disagreements about when consultation is needed have 
been resolved using these interagency teams. The Corps issued guidance 
for compliance with consultation requirements that includes, among 
other things, clarification on when consultation is needed and when 
disagreements over projects should be brought to the attention of 
managers. An FWS official we spoke with said that disagreements or 
confusion about what is needed for consultation tends to subside over 
time as federal agencies get more experience with the process and as 
FWS and NMFS become more familiar with agency actions that need to go 
through consultation. Some officials also noted that disagreements 
become more likely as the types of actions that must be consulted on 
change or increase in complexity. 

GAO Analysis: 

* This recommendation has not been fully implemented. While we 
recognize that disagreements are somewhat inherent in the consultation 
process and will continue to arise, we found that disagreements persist 
among FWS, NMFS, and the Bureau of Reclamation over the definition of 
environmental baseline, particularly in the case of ongoing operations-
-an issue we discussed in our report--as well as with regard to the 
extent of federal discretion over certain activities. Some officials at 
these agencies asserted that such disagreements are inevitable, since 
agencies' normal operations sometimes affect threatened or endangered 
species, but they believe that the agencies have sufficient processes 
in place to work through these disagreements. Furthermore, some agency 
officials believe that these cases need to be resolved on a case-by- 
case basis because of their uniqueness or complexity. However, other 
officials told us that additional policy and guidance on how to handle 
these issues would be helpful. The differences of opinion on this issue 
are an indication that the agencies either continue to have 
disagreements that could be resolved through additional policy or 
guidance, or that they need to better communicate to staff involved in 
consultations about how to handle these situations. 

(3) The Secretaries of the Interior and Defense, the Under Secretary of 
Commerce for Oceans and Atmosphere, and the Chief of the Forest Service 
should work together to refine guidance, as needed, on the type and 
specificity of documentation required in consultations. 

Agency Action: 

* NMFS, FWS, BLM, the Forest Service, and the Corps have taken a 
variety of steps to implement this recommendation, including issuing 
guidance documents, expanding training, and disseminating information 
on agency Web sites. 

GAO Analysis: 

* This recommendation has been implemented. 

(4) The Secretaries of the Interior and Defense, the Under Secretary of 
Commerce for Oceans and Atmosphere, and the Chief of the Forest Service 
should work together to evaluate efforts to improve the consultation 
process, such as programmatic consultations and streamlining, and use 
the results as a basis for future management actions. 

Agency Actions: 

* NMFS and FWS, working with other agencies, have participated in 
various reviews of consultation improvement efforts. For example, a 
FWS/NMFS analysis of BLM and Forest Service projects done through an 
expedited consultation process for activities conducted under the 
National Fire Plan found that a significant percentage of projects did 
not meet the documentation criteria for describing the project area, 
the project, the species affected, and the likely effects. As a result, 
NMFS and FWS officials provided feedback to agency staff involved in 
the consultations about ways to improve the assessments. In addition, 
BLM and Forest Service officials increased their oversight and added 
guidance for these types of projects. The agencies have continued to 
expand their use of streamlining and programmatics to other types of 
federal actions and other areas of the country. 

GAO Analysis: 

* This recommendation has been implemented. 

GAO-05-211 - Endangered Species: Fish and Wildlife Service Generally 
Focuses Recovery Funding on High-Priority Species, but Needs to 
Periodically Assess Its Funding Decisions: 

(1) FWS should periodically assess the extent to which it is following 
its recovery priority guidelines and identify how factors other than 
those in the guidelines are affecting its funding allocation decisions. 

Agency Action: 

* FWS has made plans to assess recovery program funding periodically 
and identify factors other than priority number that may have 
influenced the level of funding certain species receive. 

GAO Analysis: 

* This recommendation has not been implemented, but FWS has plans to do 
so. 

(2) FWS should report the factors affecting species expenditures 
publicly, for example, in its biennial recovery reports to Congress. 

Agency Action: 

* FWS has made plans to discuss factors that influence the level of 
funding certain species receive beginning in the 2008 Recovery Report 
to Congress, which the agency expects to issue by December 2009. 

GAO Analysis: 

* This recommendation has not been implemented, but FWS has plans to do 
so. 

GAO-05-906 - Wind Power: Impacts on Wildlife and Government 
Responsibilities for Regulating Development and Protecting Wildlife: 

(1) The Director of FWS should develop consistent communication for 
state and local wind power regulators. This communication should alert 
regulators to (a) the potential wildlife impacts that can result from 
wind power development; (b) the various resources that are available to 
help them make decisions about permitting such facilities, including 
FWS state offices, states' natural resource agencies, and FWS's 
voluntary interim guidelines--and any subsequent revisions--on avoiding 
and minimizing wildlife impacts from wind turbines; and (c) any 
additional information that FWS deems appropriate. 

Agency Actions: 

* FWS developed consistent communication about the potential wildlife 
impacts from wind power and the resources available to help regulators 
make decisions about permitting wind power and provided this 
communication through a number of conferences and meetings. For 
example, FWS cosponsored a regional conference in the Great Lakes area 
that addressed wildlife impacts of wind power development. The 
conference was, in part, targeted at and attended by state and local 
regulators. At the conference, federal agencies and other presenters 
provided information on the possible wildlife impacts of wind power 
development. At other conferences and meetings, FWS alerted regulators 
to the effects of wind development on wildlife by informing them about 
the availability of expert agency staff, such as migratory bird 
specialists in field offices. 

* In response to requests from state agencies, FWS has assisted a 
number of states, including California, Colorado, New York, and Ohio, 
in developing guidelines for wind power. 

* FWS is updating its interim voluntary wind turbine guidelines, which 
inform wind developers about how to address potential wildlife effects 
and are similarly useful for wind power regulators. A federal advisory 
committee, which includes representatives from two states, first met to 
address these guidelines in February 2008. FWS expects this to be a 
multiyear effort, with final guidelines to be completed around late 
2010. After the guidelines become final, FWS will provide information 
about them in press releases, public workshops and conferences, 
symposia, and other forums. 

GAO Analysis: 

* This recommendation has been implemented. 

GAO-06-463R - Endangered Species: Time and Costs Required to Recover 
Species Are Largely Unknown: 

(1) FWS and NMFS should implement their current recovery planning 
guidance when drafting or revising recovery plans so that recovery 
plans routinely estimate the overall time and cost to recover species 
and report this information in a single location (e.g., in the biennial 
recovery reports to Congress). 

Agency Actions: 

* In 2006, NMFS issued a memorandum reiterating its guidance that 
estimates of the overall time and cost to recover species be included 
in all new recovery plans. 

* In 2008, FWS issued a memorandum to its regional offices reiterating 
the need to routinely estimate the overall time and cost to recover 
species in all new and revised recovery plans. Estimating time and 
costs to recover species has been in FWS guidance since 1990. 

* The Report to Congress on the Recovery of Threatened and Endangered 
Species, Fiscal Years 2005-2006, includes time and cost estimates for 
species for which recovery plans contain such estimates. However, 
because plans for the majority of listed species were not originally 
completed with time and cost estimates and have not been revised 
recently, most species in the report lack such estimates. 

GAO Analysis: 

* This recommendation has been implemented. 

(2) FWS and NMFS should include in recovery plan guidance direction 
that all new and revised recovery plans have either recovery criteria 
evidencing consideration for all five delisting factors or a statement 
regarding why it is not practicable to do so. 

Agency Actions: 

* In 2006, NMFS revised its interim guidance and issued a memorandum 
directing that recovery plans include evidence that all five delisting 
factors were considered and state if a factor is not considered a 
threat to the species. 

* In 2008, FWS issued a memorandum to its regional offices directing 
that recovery plans include evidence that all five delisting factors 
were considered and state if a factor is not considered a threat to the 
species. 

GAO Analysis: 

* This recommendation has been implemented. 

GAO-07-35 - USDA Conservation Programs: Stakeholder Views on 
Participation and Coordination to Benefit Threatened and Endangered 
Species and Their Habitats: 

(1) The Chief of the Natural Resources Conservation Service (NRCS) and 
the Director of FWS should work with the Association of Fish and 
Wildlife Agencies (AFWA) to incorporate monitoring and reporting 
mechanisms in their memorandum of understanding prior to finalizing it 
for implementation. 

Agency Action: 

* In 2007, NRCS and FWS signed a memorandum of understanding with AFWA 
that incorporated monitoring and reporting measures. 

GAO Analysis: 

* This recommendation has been implemented. 

(2) The Chief of NRCS, the Administrator of the Farm Service Agency 
(FSA), and the Director of FWS, in cooperation with AFWA, should 
include FSA as an additional partner to the memorandum of understanding 
or develop a separate memorandum to address coordination. 

Agency Action: 

* FSA has agreed to become a signatory party to the 2007 memorandum of 
understanding between NRCS, FWS, and AFWA. NRCS, FWS and AFWA will work 
with FSA to incorporate within the memorandum of understanding the 
appropriate conservation activities and programs administered by FSA 
which benefit threatened and endangered species. The agencies plan to 
modify the current memorandum of understanding by September 2009. 

GAO Analysis: 

* This recommendation has not been implemented, but the agencies have 
plans to do so. 

[End of section] 

Enclosure III: 

GAO Reports Discussing the Endangered Species Act, but Containing No 
Recommendations Regarding Its Implementation: 

U.S. Fish and Wildlife Service: Endangered Species Act Decision Making. 
[hyperlink, http://www.gao.gov/products/GAO-08-688T]. Washington, D.C.: 
May 21, 2008. 

Military Training: Compliance with Environmental Laws Affects Some 
Training Activities, but DOD Has Not Made a Sound Business Case for 
Additional Environmental Exemptions. [hyperlink, 
http://www.gao.gov/products/GAO-08-407]. Washington, D.C.: March 7, 
2008. 

Endangered Species: Many Factors Affect the Length of Time to Recover 
Select Species. [hyperlink, http://www.gao.gov/products/GAO-06-730]. 
Washington, D.C.: September 6, 2006. 

Endangered Species Act: Successes and Challenges in Agency 
Collaboration and the Use of Scientific Information in the Decision 
Making Process. [hyperlink, http://www.gao.gov/products/GAO-05-732T]. 
Washington, D.C.: May 19, 2005. 

Protected Species: International Convention and U.S. Laws Protect 
Wildlife Differently. [hyperlink, 
http://www.gao.gov/products/GAO-04-964]. Washington, D.C.: September 
15, 2004. 

Endangered Species: Despite Consultation Improvement Efforts in the 
Pacific Northwest, Concerns Persist about the Process. [hyperlink, 
http://www.gao.gov/products/GAO-03-949T]. Washington, D.C.: June 25, 
2003. 

International Environment: U.S. Actions to Fulfill Commitments Under 
Five Key Agreements. [hyperlink, 
http://www.gao.gov/products/GAO-03-249]. Washington, D.C.: January 29, 
2003. 

Transboundary Species: Potential Impact to Species. [hyperlink, 
http://www.gao.gov/products/GAO-03-211R]. Washington, D.C.: October 31, 
2002. 

Columbia River Basin Salmon and Steelhead: Federal Agencies' Recovery 
Responsibilities, Expenditures and Actions. [hyperlink, 
http://www.gao.gov/products/GAO-02-612]. Washington, D.C.: July 26, 
2002. 

International Environment: U.S. Actions to Fulfill Commitments Under 
Five Key Agreements. [hyperlink, 
http://www.gao.gov/products/GAO-02-960T]. Washington, D.C.: July 24, 
2002. 

Canada Lynx Survey: Unauthorized Hair Samples Submitted for Analysis. 
[hyperlink, http://www.gao.gov/products/GAO-02-496T]. Washington, D.C.: 
March 6, 2002. 

Unauthorized Hair Samples Submitted for Analysis. [hyperlink, 
http://www.gao.gov/products/GAO-02-488R]. Washington, D.C.: March 6, 
2002. 

Accidental Contamination of Samples Used in Canadian Lynx Study 
Rendered the Study's Preliminary Conclusion Invalid. [hyperlink, 
http://www.gao.gov/products/GAO-01-1018R]. Washington, D.C.: August 14, 
2001. 

Endangered Species Act: Fee-Based Mitigation Arrangements. [hyperlink, 
http://www.gao.gov/products/GAO-01-287R]. Washington, D.C.: February 
15, 2001. 

Fish and Wildlife Service: Weaknesses in the Management of the 
Endangered Species Program Workload at the Carlsbad, California Field 
Office. [hyperlink, http://www.gao.gov/products/GAO/T-RCED-00-293]. 
Washington, D.C.: September 14, 2000. 

Army Corps of Engineers: An Assessment of the Draft Environmental 
Impact Statement of the Lower Snake River Dams. [hyperlink, 
http://www.gao.gov/products/GAO/RCED-00-186]. Washington, D.C.: July 
24, 2000. 

Department of Commerce, National Oceanic and Atmospheric 
Administration: Endangered and Threatened Species; Threatened Status 
for Two Chinook Salmon Evolutionarily Significant Units (ESUs) in 
California. [hyperlink, http://www.gao.gov/products/GAO/OGC-00-5]. 
Washington, D.C.: October 15, 1999. 

Endangered Species: Caribou Recovery Program Has Achieved Modest Gains. 
[hyperlink, http://www.gao.gov/products/GAO/RCED-99-102]. Washington, 
D.C.: May 13, 1999. 

International Environment: Literature on the Effectiveness of 
International Environmental Agreements. [hyperlink, 
http://www.gao.gov/products/GAO/RCED-99-148]. Washington, D.C.: May 1, 
1999. 

Department of Commerce, National Oceanic and Atmospheric 
Administration: Endangered and Threatened Species of Salmonids. 
[hyperlink, http://www.gao.gov/products/GAO/OGC-99-38]. Washington, 
D.C.: April 7, 1999. 

Water Resources: Corps of Engineers' Actions to Assist Salmon in the 
Columbia River Basin. [hyperlink, 
http://www.gao.gov/products/GAO/RCED-98-100]. Washington, D.C.: April 
27, 1998. 

[End of section] 

Enclosure IV: 

Comments from the Department of the Interior: 

United States Department of the Interior: 
Office Of The Secretary: 
Washington, D.C. 20240: 

December 16, 2008: 

Ms. Robin Nazzaro: 
Director, Natural Resources and Environment: 
U.S. Government Accountability Office: 
441 G Street, N.W. 
Washington, D.C. 20548: 

Dear Ms. Nazzaro: 

We appreciate the opportunity to review and comment on the draft 
report, Endangered Species Act: Many GAO Recommendations Have Been 
Implemented but Some Issues Remain Unresolved," (GAO-09-225R). 

Over the past 10 years, we have implemented most of GAO's 
recommendations made on various program areas of the Endangered Species 
Act. The enclosure provides updates to actions we have taken to meet 
the few recommendations that remain open. 

We hope these comments will assist you in preparing the final report. 

Sincerely, 

Signed by: 
Lyle Laverty: 
Assistant Secretary for Fish and Wildlife and Parks: 

[End of section] 

Enclosure V: 

GAO Contact and Staff Acknowledgments: 

GAO Contact: 

Robin Nazzaro at (202) 512-3841 or nazzaror@gao.gov: 

Staff Acknowledgments: 

In addition to the individual named above, Richard P. Johnson, Trish 
McClure (Assistant Director), Benjamin Shouse, and Bruce Skud made key 
contributions to this report. 

[End of section] 

Footnotes: 

[1] FWS has primary responsibility for freshwater and terrestrial 
species, while NMFS has primary responsibility for most marine species 
and anadromous fishes, which spend portions of their life cycle in both 
fresh and salt water. 

[2] GAO, Endangered Species Program: Information on How Funds Are 
Allocated and What Activities Are Emphasized, [hyperlink, 
http://www.gao.gov/products/GAO-02-581] (Washington, D.C.: June 25, 
2002), and Endangered Species: Fish and Wildlife Service Uses Best 
Available Science to Make Listing Decisions, but Additional Guidance 
Needed for Critical Habitat Designations, [hyperlink, 
http://www.gao.gov/products/GAO-03-803] (Washington, D.C.: Aug. 29, 
2003). 

[3] GAO, Endangered Species: Research Strategy and Long-Term Monitoring 
Needed for the Mojave Desert Tortoise Recovery Program, [hyperlink, 
http://www.gao.gov/products/GAO-03-23] (Washington, D.C.: Dec. 9, 
2002). 

[4] GAO, Endangered Species: More Federal Management Attention Is 
Needed to Improve the Consultation Process, [hyperlink, 
http://www.gao.gov/products/GAO-04-93] (Washington, D.C.: Mar. 19, 
2004). 

[5] [hyperlink, http://www.gao.gov/products/GAO-04-93]. 

[6] GAO, Endangered Species: Fish and Wildlife Service Generally 
Focuses Recovery Funding on High-Priority Species, but Needs to 
Periodically Assess Its Funding Decisions, [hyperlink, 
http://www.gao.gov/products/GAO-05-211] (Washington, D.C.: Apr. 6, 
2005). 

[7] GAO, USDA Conservation Programs: Stakeholder Views on Participation 
and Coordination to Benefit Threatened and Endangered Species and Their 
Habitats, [hyperlink, http://www.gao.gov/products/GAO-07-35] 
(Washington, D.C.: Nov. 15, 2006). 

[End of section] 

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