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[DATE]
SENT VIA U.S. MAIL &
[NAME, TITLE] [ADDRESS] [EMAIL]
RE: [NAME OF COUNTY]’s Right to Participate in Federal Decision-Making under the Endangered Species Act
Dear [NAME],
We are writing to you to inform you of our legal right to participate in any action taken by the U.S. Fish & Wildlife Service under the Endangered Species Act. It is the intention of [NAME OF COUNTY] to coordinate with the U.S. Fish & Wildlife Service in such actions since they affect our local environment, community, and economy. We therefore request that you recognize our right to participate in the relevant federal decision-making processes, and cooperate with [NAME OF COUNTY] in a meaningful manner as is required by the Endangered Species Act.
The U.S. Fish & Wildlife Service (“Service”) is required to notify all state and local governments regarding any action it will take under the Endangered Species Act (“ESA”) – perhaps one of the most pervasive environmental statutes affecting local communities across the West. See 16 U.S.C. § 1533(b)(5)(A). The Service is legally required to provide actual notice to local governments of all proposed listings, de-listings or reclassifications of endangered or threatened species, all proposed additions or changes in critical habitat designations, and all proposed protective regulations or recovery plans for listed species. Id. The term “actual notice” under the ESA mandates that the Service timely provides the county with a letter regarding any of the above ESA actions; general newspaper notice or publication in the Federal Register is not sufficient. See 16 U.S.C. § 1533(b)(5)(A)(ii). The Service is also required to proactively invite each affected county to comment on the proposed Service actions. Thus, the participation of county governments, such as [NAME OF COUNTY], is required by the ESA and is in addition to and separate from that of the general public.
Additionally, the comments and participation of the county governments should be taken seriously by the Service. For example, once notified, the county is then able to offer comments and apprise the Service of the effect of the proposed action or regulation on the local economy. Should the local government disagree with the Service decision, the Service must specifically respond to the local government’s comments. In addition, while the proposed listing of a species excludes all economic impact analysis, the designation of critical habitats by the Service is based upon, among other things, the economic impact of the designation on the local communities. See 16 U.S.C. § 1533(b)(2). Such information should be based directly on discussions with the county government. Finally, the comments of the affected counties must also be considered by other federal agencies, such as the U.S. Forest Service and the Bureau of Land Management, prior to the implementation of any new or revised recovery plans. See 16 U.S.C. § 1533(f)(5). Thus, the participation of county government in these federal decision-making processes is required by the ESA and such participation must be taken seriously by the federal government.
In conclusion, [NAME OF COUNTY] requests to be directly notified whenever the Service makes any decision to go forward with any action under the ESA, as required by the Act. Please direct any correspondence to:
[CONTACT PERSON NAME] [CONTACT PERSON ADDRESS] [CONTACT PERSON EMAIL/PHONE]
We look forward to working with the Service in this matter and await your reply.
Sincerely,
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