Categorical Exclusion Determination
Office of NEPA Policy and Compliance
March 16, 2017The U.S. Fish and Wildlife Service (USFWS) has done a preliminary evaluation of the relative costs and benefits, to the species, of creating the federally-threatened eastern prairie fringed orchid (EPFO) populations at Fermilab given the constraint that they might later be altered or eliminated if Fermilab's mission required an alternative use of the sites. Given the net benefit to the species, the USFWS can offer regulatory assurances through section 7 consultation process under the Endangered Species Act, and remove disincentives that might otherwise exist and prevent USDOE from providing endangered species habitat at Fermilab. The regulatory assurances can be provided through the Biological Opinion (BO), which was issued on February 27, 2017, evaluating USDOE's proposed project of creating, and later, at some point in the future removing, one or more EPFO populations at Fermilab. The BO authorizes orchid seed dispersal at Fermilab, management of any successfully created populations, and at some point in the future removal of those populations if needed in fulfillment of Fermilab's mission.