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Tribal Energy and Environmental Information Clearinghouse
Tribal Energy and Environmental Information Clearinghouse: Environmental resources for tribal energy development
Energy Resources Assessments & Monitoring Laws & Regulations
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TEEIC Laws & Regulations Section Guide

Endangered Species Act (ESA)

Legislation providing a means for listing native animal and plant species as endangered and giving them and their habitats limited protection. The ESA (16 USC 1531 et seq.) is jointly administered by the U.S. Fish and Wildlife Service (USFWS) and the National Oceanic and Atmospheric Administration, National Marine Fisheries Service (NMFS). The Act requires federal agencies, in consultation with the USFWS and/or the NMFS, to ensure that their actions are not likely to jeopardize the continued existence of any listed species or result in adverse effects on designated critical habitat of such species. It also prohibits any action that causes a "taking" of any listed species of endangered fish or wildlife; the removal of any endangered plant from an area under federal jurisdiction; and the import, export, and interstate and foreign commerce of listed species. The full suite of ESA regulations promulgated by the USFWS is available at 50 CFR 17. The full suite of ESA regulations promulgated by the NMFS is available at 50 CFR 216-296.

Regulations Applicable to Energy Development

The entire suite of ESA regulations issued by the USFWS and NMFS may be applicable to energy development activities. The NMFS regulations include a section specific to threatened salmon and steelhead species and actions taken in compliance with tribal resource management plans.

Relevant Web Site(s)

Specific Tribal Program(s)


This statute may apply to the following energy resources:
Biomass, Carbon Sequestration, Coal, Geothermal, Hydrokinetic, Low-Head Hydropower, Oil & Gas, Solar, Transmission, Wind
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