How does the Section 7 consultation apply to HUD-assisted projects?
Date Published: May 2014
Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536 et seq.) mandates consultation to resolve potential impacts to endangered and threatened species and critical habitats—both those listed and those proposed for listing on the Federal list. The Department of Interior has issued implementing regulations at 50 CFR part 402 which are the procedures for consultation with the Department of Interior (Fish and Wildlife Service) or the Department of Commerce (National Marine Fisheries Service) depending on the species involved. Consultation is required if the HUD-assisted project may affect any endangered or threatened species or critical habitat. Generally, this applies to assisted activities that propose new construction, conversion of land use, major rehabilitation of existing buildings, and the acquisition of undeveloped land.