The Endangered  Species Act (ESA) ensures that Federal agencies  consider the effects that their actions may have on threatened and endangered  species. The law also requires that Federal agencies consult with the U.S.  Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service  to prevent or modify those projects that will jeopardize the continued  existence of any threatened or endangered species or that will result in the  destruction or adverse modification of the habitat for the species.
   While compliance issues may arise with projects  involving undisturbed sites (alternate and improved projects), or sites in or  by waterways, they also may arise with relatively minor activities, e.g., a  culvert replacement.
   Compliance with the ESA is often accomplished  during the National Environmental Policy Act (NEPA) compliance process;  however, ESA and NEPA are distinct laws with individual regulations and  requirements. Even if a project is exempted from compliance with NEPA, FEMA  must comply with the ESA before funding can be provided for that  project.
   Applicants must afford FEMA the opportunity to  satisfy these requirements before proceeding with the actual work. Failure to  do so may jeopardize FEMA funding.
   Reference:     Public Assistance Guide, FEMA 322, pages 129, 130