50 CFR 402.08
§ 402.08 Designation of non-Federal representative.
United States · 50 CFR — Wildlife and Fisheries · Status: effective
Cite this
- Citation
- 50 CFR 402.08, § 402.08 Designation of non-Federal representative, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/420663
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Full text
A Federal agency may designate a non-Federal representative to conduct informal consultation or prepare a biological assessment by giving written notice to the Director of such designation. If a permit or license applicant is involved and is not the designated non-Federal representative, then the applicant and Federal agency must agree on the choice of the designated non-Federal representative. If a biological assessment is prepared by the designated non-Federal representative, the Federal agency shall furnish guidance and supervision and shall independently review and evaluate the scope and contents of the biological assessment. The ultimate responsibility for compliance with section 7 remains with the Federal agency.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.