43 C.F.R. § 9.3
What programs and activities of the Department are subject to these regulations?
Cite as 43 C.F.R. § 9.3 (2026)
(a) The Secretary publishes in the
Federal Register
a list of the Department's programs and activities that are subject to these regulations and a list of programs and activities that have existing consultation processes.
(b) With respect to programs and activities that a state chooses to cover, and that have existing consultation processes, the state must agree to adopt those existing processes.