Guidance

FHWA provides the following guidance to help transportation agencies comply with ecological laws and regulations pertaining to endangered species, invasive species, and wetland protection and mitigation.

Endangered Species

• Management of the Endangered Species Act (ESA) Environmental Analysis and Consultation Process
• Endangered Species Act Legal Analysis
• Removal of the Bald Eagle from the Threatened and Endangered Species List
  • Summary of National Bald Eagle Management Guidelines (Activity Specific)
• The ESA Section 7 Consultation website provides information and web tools to help guide transportation project proponents through the process of completing a Biological Assessment (BA). The site provides a template for developing a BA as well as an Online File Cabinet tool, designed to facilitate collaboration among BA preparers, colleagues, and reviewers during the BA document preparation process.

Invasive Species

• Guidance on 23 U.S.C. §329 on the Control of Noxious Weeds and Aquatic Noxious Weeds and Establishment of Native Species — August 10, 2005
• Federal Highway Administration Guidance on Invasive Species — August 10, 1999

Wetlands

• Army Corps of Engineers Regulatory Guidance Letter on Jurisdictional Determinations
• Guidance on 23 U.S.C. §328 Environmental Restoration and Pollution Abatement
• Federal-aid Eligibility for Long-Term Management Activities in Wetland and Natural Habitat Mitigation — October 3, 2008
• Federal-aid Eligibility of Wetland and Natural Habitat Mitigation — March 10, 2005
• Federal Guidance on the Use of the TEA-21 Preference for Mitigation Banking to fulfill Mitigation Requirements under Section 404 of the Clean Water Act — July 23, 2003
• Information and Guidance on Jurisdictional Coverage of Isolated, Non-Navigable Intrastate Waters — January 17, 2003
• Information and Guidance on the Wetlands Mitigation Action Plan and the revised Corps Regulatory Guidance Letter – January 13, 2003
• Information and Guidance on Section 404 Nationwide Permits — February 7, 2002
• Information on the new Regulatory Guidance Letter from the Corps of Engineers on Compensatory Wetland Mitigation — November 8, 2001
• Information and Additional Guidance on the language in TEA-21 that established the preference for using wetland mitigation banks — August 13, 2001
• Legal Analysis of New Supreme Court case on Wetlands — February 8, 2001
• Information and Guidance on the Supreme Court Ruling on Isolated Wetlands — January 12, 2001
• Legal Analysis of New Supreme Court case on Wetlands — February 8, 2001
• Information and Guidance on the Supreme Court Ruling on Isolated Wetlands — January 12, 2001
• Federal Guidance on the Use of In-Lieu-Fee arrangements for Compensatory Mitigation under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act — November 7, 2000
• Use of Private Wetland Mitigation Banks Memorandum — December 18, 1995
• Use of Private Wetland Mitigation as Compensatory Mitigation for Highway Project Impacts Memorandum — July 5, 1995
• Funding for Establishment of Wetland Mitigation Banks Memorandum — October 24, 1994
• Wetland Banking and Banking Agreements Memorandum — April 22, 1993

Questions and feedback should be directed to Marlys Osterhues (marlys.osterhues@dot.gov, 202-366-2052).