Section seven of the Endangered Species Act requires a formal, interagency con- 

 sultation process in the event that man-induced activities might in any way produce 

 adverse impacts on a threatened or endangered species. It reads: 



The Secretary of the Interior shall review other programs administered 

 by him and utilize such programs in furtherance of the purpose of this 

 Act. All other Federal departments and agencies shall, in consultation 

 with and with the assistance of the Secretary, utilize their authorit- 

 ies in furtherance of the purposes of this Act by carrying out programs 

 for the conservation of endangered species and threatened species listed 

 to insure that actions authorized, funded, or carried out by them do not 

 jeopardize the continued existence of such endangered species and threat- 

 ened species which is determined by the Secretary, after consultation as 

 appropriate with the affected States, to be critical (Section 7, P.L. 93- 

 205, December, 1973). 



In accordance with Section seven, the U.S. Army Corps of Engineers initiated a 

 formal consultation process with the Fish and Wildlife Service on February 22, 1978. 

 The Corps of Engineers requested a biological opinion regarding the impacts of con- 

 struction of the proposed additional generating units and reregulating facility near 

 Libby on the bald eagle. 



The Regional Director of the Fish and Wildlife Service in Denver was delegated 

 the authority of responding to the Corps' request. Following a preliminary exam- 

 ination, it was concluded that insufficient information was available to permit a 

 sound biological opinion as to whether or not the additional generating units and 

 reregulating dam"... will jeopardize the continued existence of the endangered bald 

 eagle orresultin the destruction or adverse modification of its habitat." The 

 Fish and Wildlife Service therefore requested the Corps to provide specific infor- 

 mation regarding the number of eagles in the area, their nesting, perching, and 

 feeding habits and their seasonal movements. In response, the Corps has contracted 

 Dr. John Craighead of Missoula to perform studies at the site and provide the infor- 

 mation required. However, Dr. Craighead's results will not be available until April 

 or May, 1979, and another 60 days may be required for the Fish and Wildlife Service 

 to evaluate those findings and submit its biological opinion to the Corps. 



The federal regulations that establish procedures for interagency consultation 

 in accordance with Section seven of the Endangered Species Act of 1973, state: 



Until consultation has been completed and a biological opinion issued, 

 good faith consultation shall preclude a Federal agency from making an 

 irreversible or irretrievable commitment of resources which would fore- 

 close the consideration of modifications or alternatives to the ident- 

 ified activity or program." (Part 402, Chapter IV, Title 50 of the Code 

 of Federal Regulations). 



In spite of the obviously unsettled nature of the formal consultation process, 

 the Corps of Engineers has sought to begin construction activities that are directly 

 related to the reregulation dam project. A request was submitted to the Regional 

 Director of the Fish and Wildlife Service to consider construction of the haul bridge 

 as an activity separate from all other scheduled construction activities. In brief, 

 it v^as concluded by the Fish and Wildlife Service that construction of the haul bridge 

 alone would probably have minimal impact on the bald eagle or its habitat. The re- 

 quirements of Section 404 of the Federal Water Pollution Control Act were then met, 

 and v;ork on the haul bridge began following a 51-day delay of the regular construc- 

 tion schedule. 



The haul bridge will be a temporary structure with the single purpose of allow- 

 ing for the transport of fill material, personnel and supplies needed for construction 



