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5050.4 3/21/80 carried out by such agency...does not jeopardize the continued existence of any endangered species or threatened species or result in the destruction or adverse modification of habitat of such species which is determined by the Secretary, after consultation as appropriate with the affected States, to be critical, unless such agency has been granted an exemption for such action by the Committee...." (b) The procedure to be followed to determine impacts on endangered or threatened species and on critical habitat varies depending on whether the proposed action has a significant impact on the environment or not. Any major Federal action designed primarily to result in the building of man- made structures and which significantly affects the quality of the human environment is defined as a "construction project" by the U.S. Fish and Wildlife Service and the National Marine Fisheries Service. This includes Federal actions such as permits, grants, licenses, and other forms of Federal authorization or approval which may result in construction. As soon as it appears that a proposed action will have a significant impact and therefore result in the preparation of an environmental impact statement, the sponsor shall institute the procedure below. In order to minimize delay, sponsors are encouraged to initiate this procedure as soon as thresholds in paragraph 47e are exceeded during the sponsor's assessment of the proposed action. 1 As required by section 7(c) of the Endangered Species Act Amendments, information shall be requested by FAA from the Regional Director of the U.S. Fish and Wildlife Service or the National Marine Fisheries Service, whichever has jurisdiction, on whether any species which is listed or proposed to be listed may be present in the area affected by the proposed action. If the reply from the Fish and Wildlife Service or National Marine Fisheries Service indicates that no such species are present, it may be assumed that there would be no significant impact on endangered or threatened species. The environmental assessment shall include the letter from the Fish and Wildlife Service or National Marine Fisheries Service. No further analysis is necessary. 2 If, however, the reply from the Fish and Wildlife Service or National Marine Fisheries Service indicates that endangered or threatened species may be present in the area affected by the proposed action, a biological assessment shall be prepared to identify whether the species or critical habitat are likely to be affected by the action and what those effects would be. If this biological assessment indicates no effects on the species or critical habitat, it may be assumed that there would be no significant impact on endangered or threatened species. The environmental assessment shall include the biological assessment. No further analysis is necessary. The FAA shall forward the biological assessment to the Fish and Wildlife Service or the National Marine Fisheries Service for its records. 3 If the biological assessment indicates an effect on endangered or threatened species or on critical habitat, the proposal is considered to be one with potential significant impact. Consultation under Page 44 Chap 5 Par 47