Pennsylvania Threatened and Endangered Species Review may now require a completed Federal IPaC Evaluation

Under section 7 of the Endangered Species Act of 1973 (ESA), a Federal agency or its designated representative needs to determine whether their proposed projects may affect threatened or endangered species or designated critical habitat (United States Fish and Wildlife Services [USFWS], 2025). On June 16, 2025, the USFWS announced that any project in Pennsylvania that has a completed Pennsylvania Natural Diversity Index (PNDI) search performed may also require the completion of USFWS Information for Planning and Consulting (IPaC) project planning tool. Comparable to the PNDI, the IPaC tool is an online database used to evaluate proposed projects and determine potential impacts to any federally listed or candidate species and its associated critical habitat.

When a completed PNDI receipt is received, further instructions may indicate the need for an IPaC review. The completion of the IPaC tool begins with defining the project location, describing the project activities and anticipated timeline, and potential impacts to natural resources (i.e. wetlands/watercourses, proposed tree-clearing, etc.).

After this information is entered into the IPaC tool, the next step will be to obtain an “Official Species List” (OSL). The OSL will detail any federally listed or candidate species and its associated critical habitat that may be impacted as a result of the project. It should be noted that the OSL is valid for 90 days. Upon the receipt of the OSL, there are two ways to determine what effects the proposed project may have on the species and their critical habitat.

Option one, if applicable and available, would include working through the species IPaC Determination Key (Dkey). Dkeys are logically structured sets of questions designed to assist users in determining if a project qualifies for a pre-determined consultation outcome based on existing programmatic consultations or internal Service standing analyses (USFWS, 2025). Working through a Dkey is not required, but in most cases would expedite project review.

The second option for evaluating project impacts in relation to the OSL is to apply an internal evaluation project. This would include reviewing the proposed project and its potential effects on the species included in the OSL, and making an independent determination based on this review. Potential effects could include direct effects, indirect effects, and cumulative effects (USFWS, 2025).

Whether working through the Dkeys or making an internal evaluation, there are three potential effect outcomes: “may affect, is likely to adversely affect”, “may effect, is not likely to adversely affect,” or “no effect”.  If a determination of “no effect” is reached, the ESA review is complete. If a “may affect” determination is reached, the applicant should review any conservation measures that must be implanted for the ESA determination to remain valid. Conservation measures are listed in the Dkeys or can be provided by contacting the USFWS.

Once an OSL determination is completed, a “Technical Assistance Letter” (TAL) will be generated. The TAL records the IPaC determination and details the project effects and the possibility of potential impacts to the species listed on the OSL. An example of the TAL details can be seen below.

Acting as a steppingstone in the threatened and endangered species due diligence process, the IPaC tool works seamlessly with Pennsylvania’s PNDI search tool to expedite the project review process. Liberty is available to answer any questions regarding the PNDI search and/or IPaC tool procedures or assist in any threatened or endangered species needs. Please direct any questions or requests for assistance to Shannon Ryan at (717)-517-5000, extension 2220, or at sryan@libertyenviro.com

The PNDI Search can be accessed at https://conservationexplorer.dcnr.pa.gov/

The USFWS IPaC tool can be accessed at https://ipac.ecosphere.fws.gov/

The ESA of 1973 is available at https://www.fws.gov/law/endangered-species-act

Source

United States Fish and Wildlife Service (USFWS), Pennsylvania Field Office. April 22, 2025. “Guidance for Completing Project Reviews Under the Endangered Species Act in Pennsylvania”.