Section 7 of the Endangered Species Act (ESA) requires federal agencies, in consultation with the Secretary (currently delegated to the United States Fish and Wildlife Service [USFWS]), to ensure that no action authorized, funded, or carried out by an agency is likely to jeopardize the continued existence of a threatened or endangered species, whether plant or wildlife, or would result in the destruction or adverse modification of critical habitats. The ESA requirements apply to oil and gas leasing and operations on split-estate lands, just as they do to federal lands (Onshore Order No. 1; 43 CFR 3164.1).

A proposed surface-disturbing federally related action cannot and must not be approved until all applicable federal statutory requirements have been met.