Section 7 Consultations regarding Covered Activities. Nothing in this Agreement is intended to alter the obligation of a federal agency to consult with USFWS or NMFS pursuant to Section 7 of FESA (16 U.S.C. §1536(a)) (e.g., for Clean Water Act Section 404 permits or Covered Activities funded wholly or in part by the Federal Highways Administration). Unless otherwise required by law or regulation, in any consultation under Section 7 involving the Permittees or an existing or prospective Third Party Participant and a proposed public or private project in the Plan Area that may adversely affect one or more Covered Species that are Federal Listed Species, USFWS and NMFS will ensure that the biological opinion for the proposed project is consistent with the biological opinion issued for the HCP/NCCP and the Federal Permits, provided that the proposed project itself is consistent with the HCP/NCCP and the Federal Permits. Unless otherwise required by law or regulation, USFWS and NMFS will not impose measures on a Permittee or an existing or prospective Third Party Participant in excess of those that have been or will be required by this Agreement, the HCP/NCCP, and the Permits. Before completing a Section 7 consultation for a Covered Activity in which USFWS or NMFS proposes to require a measure in excess of, or in conflict with, the requirements of this Agreement, the HCP/NCCP, or the Permits, USFWS or NMFS, as applicable, and the Federal action agency will meet and confer with the affected Permittee and, if there is one, the existing or prospective Third Party Participant, to discuss alternative ways to meet the applicable legal or regulatory requirements without the imposition of additional measures. If USFWS, NMFS, Permittee and (if there is one) Third Party Participant cannot agree on an alternative, the Permittee may initiate the dispute resolution procedure in Section 17.2.
