NEPA Support, including Section 7(a)(2) of the Endangered Species Act: Congress in 1973, defined how the Endangered Species Act applies to trust lands and Tribal lands has been defined by the Secretary of the Interior secretarial orders, legal decisions and policy. Since then, the following guidance continues to be implemented accordingly: • January 14-15, 2022: Department of the Interior Office of the Solicitor Memo No. 37063 “Withdrawal of Solicitor Opinion M-36936, ‘Application of Eagle Protection and Migratory Bird Treaty Acts to Reserved Indian Hunting Rights;’ Solicitor Opinion M-36926, ‘Application of the Endangered Species Act to Native Americans with Treaty Hunting and Fishing Rights;’ and Solicitor Opinion M-27690, ‘Migratory Bird Treaty Act’” and “Applicability of the Endangered Species Act and Migratory Bird Treaty Act to Reserved Tribal Hunting and Fishing Rights” • January 19, 2001: Secretarial Order No. 3225, “Endangered Species Act and Subsistence Uses in Alaska (Supplement to Secretarial Order 3206)” • June 5, 1997: Secretarial Order No. 3206, “American Indian Tribal Rights, Federal-Tribal Trust Responsibilities, and the Endangered Species Act” • Compliance with section 7(a)(1) of the Endangered Species Act, which charges federal agencies to aid in the conservation of listed species, and section 7(a)(2), which requires the agencies to ensure our activities are not likely to jeopardize the continued existence of federally listed species or destroy or adversely modify designated critical habitat; • Compliance with Congress in 1973, how the Endangered Species Act applies to trust lands and Tribal lands has been defined by the Secretary of the Interior secretarial orders, legal decisions and policy. Further guidance will be defined by the U.S. Fish and Wildlife Service (USFWS) for each NEPA action and outlined in the respective consultation documentation; • Provide literature reviews; • Ensure that NEPA documentation provides a means to conserve the ecosystems upon which endangered and threatened species depend and provide a program for the conservation of such species
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