USGS Guide to Federal Environmental Laws and Regulations
WATER RESOURCES RELATED ACTS & EXECUTIVE ORDERS
Table of Contents
Applicable Statutes
- Estuary Protection Act (PL 90-454; 16 U.S.C. 1221-1226)
- Wild and Scenic Rivers Act of 1968 (PL 90-542; 16 U.S.C. 1271-1287)
- National Marine Sanctuaries Act (PL 92-532; 16 U.S.C. 1431-1445a)
- Coastal Zone Management Act of 1972, as amended (PL 92-583; 16 U.S.C. 1451 et seq.)
- Marine Protection, Research, and Sanctuaries Act of 1972 (PL 92-532; 33 U.S.C. 1401-1445)
- Outer Continental Shelf Lands Act, as amended (PL 95-372; 43 U.S.C. 1331-1356)
- Clean Water Act (section 404) (PL 92-500; 33 U.S.C. 1251 et seq.) (under water quality page)
- Various Executive Orders
Purpose
Congress intended the Estuary Protection Act to strike a balance between the national need of conserving the beauty of the nation s estuaries and the need to develop these estuaries to further growth and development. States are given much of the responsibility of protecting, conserving, and restoring estuary areas.
Major Provisions by Section
- § 2 (16 U.S.C. 1223)- General study and inventory of estuaries and their natural resources
- The Secretary of the Interior is authorized, in cooperation with the States, to conduct an inventory and study of the Nation's estuaries. The study shall consider environmental and economic values and shall focus attention on whether any land or water area within an estuary should be acquired or administered by the Secretary or by a State or local subdivision.
- § 3 (16 U.S.C. 1224)- Agreements with States and subdivisions; equitable sharing of costs;
development improvements; availability of appropriations; State hunting and fishing laws applicable
- The Secretary of the Interior may enter into an agreement with
any State or local government for permanent management, development,
and administration of estuary area that government owns.
- § 4 (16 U.S.C. 1225)- Commercial and industrial development considerations; reports to Congress; recommendations
-
All Federal agencies shall give consideration to estuaries in planning for the use or development of water resources. This includes their importance for
commercial and industrial developments. All project plans and reports
affecting such estuaries shall contain a discussion by the Secretary of
Interior on the effects of the project and the Secretary's recommendations.
Purpose
The Wild and Scenic Rivers Act provides for the preservation of selected rivers due to their remarkable scenic, recreational, geologic, fish and wildlife, historic, or cultural values. The free-flowing state of rivers, and their adjacent
lands, is intended to be protected for the benefit and enjoyment of present and future generations. The Act institutes a National Wild and Scenic River
System, designates the components of that System, and prescribes the methods by which additional components might be added to the System in order to
carry out this goal.
Major Provisions by Section
- § 2 (16 U.S.C. 1273)- Composition; application; publication in Federal Register; expense; administration of federally owned lands
- Establishes the National Wild and Scenic Rivers System, with areas to be classified as wild , scenic , or recreational .
- § 3 (16 U.S.C. 1274)- Component rivers and adjacent lands
- Designates specific rivers and adjacent lands included in the National Wild and Scenic Rivers System.
- § 7 (16 U.S.C. 1278)- Restrictions on Water Resources Projects
- Components of the National and Wild Scenic Rivers System are protected to remain free-flowing, scenic, and/or natural. No Federal agency shall recommend
authorization of any water resources project or shall financially assist in such project that would have a direct and adverse effect on the values for
which the river was designated in the National Wild and Scenic River System.
- § 9 (16 U.S.C. 1280)- Federal mining and mineral leasing laws
- Mining regualtions shall provide safeguards against pollution of System rivers
or potential System additions and unnecessary impairment of the System scenery.
Pertinent Regulations
- 36 CFR Part 297- Wild and Scenic Rivers, Forest Service
Any Federally assisted water resources project on any part of a Wild
and Scenic River must be approved by the Secretary of Agriculture before any
license, permit, or other authorization may be issued. Federal agencies must
provide a notice of intent to issue licenses or permits no less than 60 days
prior to a project date to the Chief, Forest Service, U.S. Department of Agriculture, P.O. Box 2417, Washington, DC 20013. A
license/permit shall be granted if the project will not have an adverse effect
on the values for which a Wild and Scenic River was designated. The effects of
a proposed project shall be in compliance with NEPA
mainly by giving special attention to the environmental effects on the
resources protected by the Wild and Scenic Rivers Act.
- 43 CFR Part 8351- Designated National Area, Bureau of Land Management
Reiterates that Wild and Scenic Rivers shall be managed to protect the
natural, cultural, or historical features that make the river oustanding.
Lands and water administered by the Bureau of Land Management may see closed
or restricted uses if an authorized officer issues a written order
addressing any component of the Wild and Scenic Rivers Act.
- Environmental Statement Memorandum No. ESM 94-6- Nationwide Inventory
of Potential Wild and Scenic Rivers, DOI
Adopts for Departmental use the CEQ's procedures for interagency
consultation in order to avoid or mitigate adverse effects on rivers in the
Nationwide Rivers Inventory (NRI). Appendix I of the memorandum contains the Guide for
Identifying Potential Adverse Effects and Appendix II includes the
Presidential Memorandum, dated August 2, 1979.
- 516 DM 2 Appendix 2(2.2), DOI
Environmental documents (EA, EIS, FONSI) must be prepared for actions
which may adversely affect such unique geographic characteristics as wild
and scenic rivers.
- Presidential Memorandum for the Heads of Departments and Agencies, August 2, 1979
Underscores the need to strengthen the System by directing Federal
agencies to set an example of sound management for State, local and private
landowners by taking an aggressive role in protecting Wild and Scenic Rivers
which flow through public lands this includes all rivers and segments listed
in the (NRI) .
Special Note
The National Marine Sanctauries Act is really part of the Marine Protection, Research and Sanctuaries Act. It is often referred to as Title III of the MPRSA.
Purpose
Congress promulgated the National Marine Sanctuaries Act to designate marine areas
of special national significance as national marine sanctuaries and to provide
for the conservation and management of these areas. The Act was also written
to support research of the resources of designated marine sanctuaries.
Major Provisions by Section
- (16 U.S.C. 1433)- Sanctuary designation standards
- The Secretary of Commerce may designate national marine sanctuaries based on a number of ecological and practical factors, given here.
- (16 U.S.C. 1434)- Procedures for designation and implementation
- This section explains how to move a proposed marine
sanctuary site through the appropriate notice requirements, EIS
preparation, and other procedures, finally culminating with
publication in the Federal Register.
- (16 U.S.C. 1440)- Research, monitoring, and education
-
In order to fulfill the marine sanctuaries conservation and management purposes of the Act, the Secretary of Commerce will take action in order to promote sanctuary research, monitoring, and education programs.
Pertinent Regulations
- 15 CFR Part 922- National Marine Sanctuary Program Regulation, National Oceanic and Atmospheric Administration
Prescribes procedures to nominate and designate marine sanctuaries,
establish appropriate management systems within designated sanctuaries and
enforce compliance with these management systems. The policy and objective are
to identify and preserve distinctive areas for their conservation,
recreational, ecological, or esthetic values. The primary emphasis is on
protection of biological and natural resources.
Each marine sanctuary has specific regulations that detail the purpose for designation, the boundaries, definitions, allowed and prohibited activities, and procedures for permitting specific activities. Sanctuaries listed in other parts include:
- 15 CFR Part 929- Key Largo Marine Sanctuary
- 15 CFR Part 937- Looe Key National Marine Sanctuary
Coastal Zone Management Act of 1972, as amended (PL 92-583; 16 U.S.C. 1451 et seq.)
Purpose
To preserve, protect, develop, and restore or enhance the coastal zone,
the Coastal Zone Management Act (CZMA) encourages states to implement coastal zone management
programs by both authorizing suspension of its allocated federal funding
when a coastal state fails to adhere to its management program and by
mandating that federal activities in any states coastal zone be consistent with the states plan. Another intention of the act is to respond to changing circumstances of coastal environments. Nonpoint sources of coastal water pollution are targeted by the amendments of 1990.
Major Provisions by Section
- § 303 (16 U.S.C. 1452)- Congressional declaration of policy
- Along with the basic policies of the Act, this section requires that state coastal planning must balance economic development against environmental
protection.
- § 306 (16 U.S.C. 1455)- Administrative grants
- States that receive approval by the Department of Commerce to implement a coastal management program are eligible to receive grants from the Commerce Secretary. Requirements for the approval of state management programs are also
given.
- (16 U.S.C. 1455b)- Protecting coastal waters
- Each state with an approved coastal management program must submit a Coastal Nonpoint Pollution Control Program that includes management measures for
nonpoint source pollution to restore and protect coastal waters.
- ( 307 (16 U.S.C. 1456)- Coordination and cooperation
- Federal agencies are required to comply with applicable consistency provisions contained in the approved State program.
- § 312 (16 U.S.C. 1458)- Review of performance
- A provision is given for federal funding to be withdrawn if a state fails to adhere to its management program.
- § 315 (16 U.S.C. 1461)- National Estuarine Research Reserve System
- A National Estuarine Research Reserve System, complete with its
own grant mechanism, is established to acquire, develop, and operate
estuarine sanctuaries designated as national estuarine reserves.
Pertinent Regulations
- 15 CFR Part 921- National Estuarine Reserve Research System Regulations,
National Oceanic and Atmospheric Administration
Implements the Estuarine Sanctuaries Program to represent the various
regions and estuarine types in the U.S. through the National Estuarine
Research Reserve System. Part (d) of 921.1 states the limitations for habitat
manipulation for research purposes. Further sections provide definitions, the
biogeographic classification scheme which is based on regional variations in
the Nation's coastal zones, procedures for State application for
acquisition, development, and operation grants, and criteria for selection
of sanctuaries.
- 15 CFR Part 923- Coastal Zone management Program Development and Approval Regulations, National Oceanic and Atmospheric Administration
This part provides the requirements for state coastal management
program approval, as well as grant application procedures for program
development. States must develop a management program which identifies and
evaluates coastal resources. Subpart B concerns specific water uses that are
subject to the terms of the management program. Special management area follow
in Subpart C, while boundaries are discussed in D. Later, in Subpart H,
procedures for state program review and approval are given.
- 15 CFR Part 930- Federal Consistency with Approved Coastal Management
Programs, National Oceanic and Atmospheric Administration
Describes, in detail, the Federal consistency provisions of the CZMA.
Provides the ground rules and specific procedures which must be followed by
all State program agencies implementing approved coastal management programs
and all Federal agencies affected by such programs in matters relating to
consistency.
- 702 DM 1.1-1.8, Coastal Zone Management, DOI
Establishes Departmental policy, procedures and responsibilities for
participating in the development, review and implementation of, and
consistency with State coastal management programs under the CZMA.
Special Note
Title III of this act and subsequent reauthorization is commonly referred
to as the National Marine Sanctuaries Act. Title III is therefore covered
under the section for the National Marine Sanctuaries Act.
Purpose
Also known as the Ocean Dumping Act, the Marine Protection, Research and Sanctuaries Act
(MPRSA) was enacted to regulate the dumping of all types of materials into
ocean waters and to prevent or strictly limit the dumping into ocean waters of any material which would adversely affect human health,
welfare, or amenities, or the marine environment , ecologicalsystems, or economic potentialities .
Major Provisions by Section
- § 101 (33 U.S.C. 1411)- Prohibited acts
-
Because of this section, it is unlawful for any person to transport in or out of the United States any material for the purpose of
dumping it into ocean waters.
- § 102 (33 U.S.C. 1412)- Dumping permit program
-
This section allows permits to be issued by the EPA Administrator
for dumping material into ocean waters when the dumping will not unreasonably
degrade or endanger human health, welfare, the environment, or economic
potentialities.
- § 103 (33 U.S.C. 1413)- Dumping permit program for dredged material
-
Similar to § 102, this section authorizes the Secretary of the Army to issue permits for the transportation of dredged material for the purpose of disposal in the ocean where it is determined that the disposal will not unreasonably degrade human health, the environment, or economic potentialities.
Pertinent Regulations
- 33 CFR Part 320- General Regulatory Policies, Army Corps of Engineers
The Corps issues permits under several different acts, the Marine
Protection, Research and Sanctuaries Act being only one of them. The Secretary
of the Army, through the Corps, may issue permits for transportation of
dredged material when no adverse impacts to heath or the environment are
expected. Section 320.4 describes the general policies that the Corps will
follow in reviewing all Department of the Army permits. Such permits are to
consider public interest, effect on wetlands, fish and wildlife, water
quality, property ownership, energy conservation, navigation, environmental
benefits, and economics, among other things. The pertains particularly to
permits covered under § 103 of the Act.
- 33 CFR Part 324- Permits for Ocean Dumping of Dredged Material, Army Corps of Engineers
This part applies to activities of Federal agencies in relation to
special policies that the Corps must follow for the review of permits for
the transport and dumping of dredged materials into ocean waters. Focused
attention should be given to § 324.3(b). Here, it states, "Federal agencies are
not required to obtain and provide certification of compliance with effluent
limitations and water quality standards from state or interstate water
pollution control agencies in connection with activities involving the
transport of dredged material for dumping into ocean waters beyond the territorial sea."
- 33 CFR Part 325- Processing of Department of the Army Permits, Army Corps of Engineers
Contains general processing procedures for all Department of the
Army permits. Attention is given to transportation of dredged materials in
§ 325.1(d)(4). Federal agencies that initiate or authorize proposed actions that
include transportation of dredged materials must ensure that the appropriate
permits are obtained. In states with approved programs, permit application
is done through the appropriate state agency.
- 40 CFR Part 220- General, EPA
Part 220 of Title 40 is the introduction to subchapter H which outlines
the procedures and criteria for permit distribution by EPA pursuant to § 102 of
the Act. It also address § 103 procedures to be followed by the Army Corps of
Engineers. Other than when provided in those sections, it is unlawful to
transport any material for the purpose of dumping into ocean waters. Section 220.3 gives the categories of permits available
under § 102 of the Act. These include general, special, emergency, interim,
research, and incineration permits. The final section (220.4) presents the
various authorities to issue permits, such as the EPA Administrator and states
with applicable jurisdiction.
- 40 CFR Part 221- Applications for Ocean Dumping Permits under Section § 102 of the Act, EPA
The specific application procedures under § 102 of the Act are given.
Applications must be filed with the EPA Administrator or a Regional
Administrator. Any person may apply for a permit under subchapter H of this
title.
- 40 CFR Part 223 - Contents of Permits; Revision, Revocation or Limitation of Ocean Dumping Permits under Section 104(d) of the Act, EPA
Specifications are given for the exact contents of special, interim,
emergency, general and research permits as required under § 102 of the MPRSA. Revision procedures for such permits are also presented.
- 40 CFR Part 227- Criteria for the Evaluation of Permit Applications for Ocean Dumping of Materials, EPA
Along with 40 CFR Part 228, this regulation comprises the criteria
established pursuant to § 102 of the Act. The decision to issue or deny a
permit and to impose special conditions on any permit will be based on an
evaluation of the permit application in accordance to the criteria set forth
here. Subpart B provides the real guts of this part by examining
environmental impact. First, criteria for evaluating environmental impact
are given, followed by prohibited materials, constituents prohibited as
other than trace contaminants, limits established for specific wastes,
limitations in the disposal rates of toxic wastes, limitations on quantities
of waste materials, hazards to fishing, navigation, shorelines or beaches,
containerized wastes, insoluble wastes, and dredged materials.
- 40 CFR Part 228- Criteria for the Management of Disposal Sites for Ocean Dumping, EPA
Working closely with Part 227, this part relates to decisions to issue or
deny a permit based on the requirements for effective disposal site management
to prevent unreasonable degradation of the marine environment. Procedures
and criteria are given for the selection of sites by the EPA Administrator.
Most of what remains in this regulation are listings of both interim and final
designated dumping sites (§ 28.14 & 228.15). These listings need to be
referred to when any project requires the transport of material for the
purpose of ocean dumping.
Purpose
The Outer Continental Shelf (OCS) Lands Act provides for the expeditious and orderly development of the shelf while providing environmental safeguards. The Act takes measures
to include state and local governments in the policy and planning decisions
made by the Federal government relating to OCS actions. To
insure minimal endangerment to life or health, the Act presents precautions
and techniques to be used during shelf operations.
Major Provisions by Section
- (43 U.S.C. 1334)- Administration of leasing
-
The rules and regulations are given concerning leasing of the Outer Continental Shelf by the Secretary of the Interior.
- (43 U.S.C. 1337)- Grants of leases by Secretary
-
Much information is given concerning oil and gas leases, including bidding
guidelines and terms and provisions for exploration, development, and
production of minerals.
- (43 U.S.C. 1340)- Geological and geophysical explorations
-
Federal agencies are given the right to conduct geological and geophysical
explorations in the outer Continental Shelf as long as they do not
conflict with any lease under the Act. Further explanation is given of
plan approval and state concurrence. Drilling permits may be required by
approved plans.
- (43 U.S.C. 1344)- Outer Continental Shelf leasing program
-
This section presents a schedule of proposed oil and gas lease sales and other
information for the establishment of a outer Continental Shelf leasing
program.
- (43 U.S.C. 1346)- Environmental studies
-
The Secretary of the Interior is ordered to conduct studies of any areas included in oil and gas lease sales to predict impacts on the marine biota from pollution or large spills.
- (43 U.S.C. 1351)- Oil and gas development and production
-
Each lessee is required to submit a development and production plan to the Secretary of the Interior prior to development pursuant to an oil and gas lease for outer Continental Shelf areas.
Pertinent Regulations
- 30 CFR Part 250.34- Development and Production Plan, Minerals Management Service
Describes, among other things, the requirements for compliance with
§ 307(c)(3)(B) of the CZMA which governs the
consistency of Outer Continental Shelf Lands Act plans with approved State
coastal management programs.
- 30 CFR Part 251- Geological and Geophysical (G & G) Explorations of the Outer Continental Shelf, Minerals Management Service
The purpose of this regulation is stated as to prescribe policies,
procedures, and requirements for conducting geological and geophysical
activities associated with exploration for oil, gas, or sulphur not authorized
under a lease in the Outer Continental Shelf.
- 30 CFR Part 252- Outer Continental Shelf (OCS) Oil and Gas Information Program, Minerals Management Service
The procedures and requirements are presented for the submission of oil
and gas data and information resulting from exploration, development, and
production operations on the Outer Continental Shelf.
- 33 CFR Part 140- Outer Continental Shelf Activities- General,Coast Guard
Part 140 falls under Subchapter N of CFR Title 33. It is written to
promote safety of life and property on Outer Continental Shelf facilities,
vessels, and other units engaged in OCS activities, protect the marine
environment, and implement the Outer Continental Shelf Lands Act. The
provisions apply to OCS facilities and vessels and includes inspections by the
Coast Guard.
- Executive Order (E.O.) 11988- Floodplain Management
-
Issued by the President to avoid adverse impacts associated with the
occupancy and modification of floodplains and to avoid direct or indirect
support of floodplain development.
- Executive Order (E.O.) 11990- Protection of Wetlands
-
Issued by the President to avoid adverse impacts associated with the
destruction or modification of wetlands and to avoid direct or indirect
support of new construction in wetlands.
- PL 101-233 16 U.S.C. 4408- Restoration, management, and protection of wetlands and habitat for migratory birds on Federal lands.
-
The head of each Federal agency responsible for acquiring, managing, or
disposing of Federal lands and waters shall, to the extent consistent with the
mission of such agency and existing statutory authorities, cooperate with
the Director of the United States Fish and Wildlife Service to restore,
protect, and enhance the wetland ecosystems and other habitats for migratory
birds, fish, and wildlife within the lands and waters of each such agency.
- 516 DM 2 Appendix 2(2.2) & (2.9), Department of Interior
-
Environmental documents (EA, EIS, FONSI) must be prepared for actions
which may adversely affect the unique geographic characteristics of
floodplains and wetlands or which threaten to violate E.O.s 11988 and 11990.
- Floodplain Management Guidelines, Water Resources Council (WRC)
-
Provides explanation of key terms and floodplain management concepts
along with a section-by-section analyses of E.O. 11988. Further procedures are
given in the form of a decision making process leading from the
determination that a proposed action is or is not located in the base
floodplain, through the implementation of agency actions.
- Further Advice on EO 11988 Floodplain Management, Federal Emergency Management Agency (FEMA) and the Interagency Task Force on Floodplain Management
-
Emphasizes the requirement for agencies to select alternative sites for
projects outside of the floodplain and for preparation of mitigation
measures for unavoidable impacts.
- 520 DM 1- Floodplain Management and Wetlands Protection Procedures, DOI
-
Generally adopts the Water Resources Council (WRC) guidelines for
floodplain management. Requires bureaus to prepare written compliance
procedures and provides criteria for evaluation of bureau procedures.
Summarizes the WRC procedural steps.
- Coastal zone
- the coastal waters strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. (CZMA, 304(1))
- Designated river study areas
- rivers, or river segments, which have been designated by Congress to be studied for possible inclusion in the System. During the study period these areas are granted the same protection as rivers in the System.
- Estuarine reserve
- a research area which may include any part or all of an estuary, adjoining transitional areas, and adjacent uplands, constituting to the extent feasible a natural unit, set aside to provide scientists and students the opportunity to examine over a period of time the
ecological relationships within the area.
- Estuary
- that part of a river or stream or other body of water having unimpaired connection with the open sea, where the sea water is measurably diluted with fresh water derived from land drainage. (15 CFR Part 921.2)
- Marine environment
- those areas of coastal and ocean waters, the Great Lakes and their connecting waters, and submerged lands over which the United States exercises jurisdiction, including the exclusive
economic zone, consistent with international law. (NMSA, 1432(3))
- Nationwide Rivers Inventory (NRI)
- a candidate list, compiled with input from Federal land managing agencies, of rivers and river segments designated as having potential to become part of the System.
- Ocean waters
- those waters of the open seas lying seaward of the base line from which the territorial sea is measured, as provided for in the Convention on the Territorial Sea and the Contiguous Zone. (MPRSA, 3(b))
- Outer Continental Shelf (OCS)
- all submerged lands which lie seaward and outside the area of lands beneath navigable waters...and of which the subsoil and seabed appertain to the United States and are subject to
its jurisdiction and control. (OCSLA, 1331(a))
- Recreational river areas
- those rivers or sections of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past.
- Scenic river areas
- those rivers or sections of rivers that are free of impoundments, with shorelines or watersheds still largely
primitive and shorelines largely undeveloped, but accessible in places by roads.
- State program agency
- the state agency designated in the approved state program as the sole contact with Federal agencies on matters relating to consistency determination.
- Water resources project
- any dam, water conduit, resevoir, powerhouse, transmission line, or other project works under the Federal Power Act as amended, or other construction of developments which would affect
the free-flowing characteristics of a Wild and Scenic River or Study River. (36 CFR Part 297.3)
- Wild and scenic river
- a river and the adjacent area within the boundaries of a component of the Wild and Scenic Rivers System pursuant to section 3(a) or 2(a)(ii) of the Act. (36 CFR Part 297.3)
- Wild river areas
- those rivers or sections of rivers that are free of impoundments and generally inaccessible except by trail, with
watersheds or shorelines essentially primitive and waters unpolluted. These represent vestiges of primitive America.
- Estuarine areas
-
Non-compatible uses, including those uses which would cause significant short or long-term ecological change or would otherwise detract from or restrict the use of the sanctuary as a natural field laboratory, will be prohibited.
- Wild and scenic rivers
-
Any action which could alter the river segment's ability to meet eligibility and classification criteria for inclusion in the National Rivers System should be considered an adverse impact. Adverse effects on inventoried rivers may occur under conditions which include, but are not limited to:
- 1) destruction or alteration of all or part of the free flowing nature of the river
2) introduction of visual, audible, or other sensory intrusions
which are out of character with the river or alter its setting
3) deterioration of water quality
4) transfer or sale of property adjacent to an inventoried river
without adequate conditions or restictions for protecting the river and its
surrounding environment
Mining, which is generally prohibited in wild river areas. Surface coal
mining in wild, scenic, and recreational river areas is prohibited [SMCRA,
Section 522(e)(l)].
Such features as small water diversions and drainage ditches, flow
measurement devices and other minor structures are permitted when compatible
with the classification of the river area and provided that the area remains
natural in appearance and the structures harmonize with the surrounding
environment.
Examples of types of developments that would generally require
consultation with the NPS are given in Environmental Statement Memorandum
No. ESM94-6.
- Marine sanctuaries
-
See the respective regulation for any given sanctuary for specifically prohibited activities. In general, any activity which disturbs or adversely affects the seabed or the quality of the water column may be prohibited. This includes construction, discharging of substances, fishing and trawling operations, collecting, removing, or damaging any natural or man-made feature, specimen, or resource, injurious vessel operations, and hydrocarbon operations.
- Coastal zone management
-
(1) Federal activities directly affecting the coastal
zone, including all development projects.
(2) Federal licenses and permits.
(3) Federal activities described in detail in an OCS plan
submitted by an applicant to the Department of the Interior pursuant to the
Outer Continental Shelf Lands Act of 1953, as amended.
(4) Federal assistance to State and local Governments.
Estuarine areas
- Determine if any estuarine sanctuary is in an area that may be affected by the proposed action.
- If so, establish consultation with the Sanctuary and Reserves Program
Office, NOAA, to determine the nature of effect:
Sanctuary and Reserves Program Office
Office of Coastal Zone Management
1305 East West Hwy. Building 4
Silver Spring, MD 20910
Tel: (301) 713-3145
- Depending on the nature and extent of effect an environmental assessment oran environmental impact statement may be required.
Wild and scenic rivers
- Determine whether there is a listed Wild and Scenic River, a designated study area, or a river listed in the Nationwide Rivers Inventory (NRI) which has potential to be impacted by the project. The Wild and Scenic River Act as ammended contains lists for the first two and information on the NRI can be obtained by contacting the:
Recreation Resources Assistance Division
National Park Service
Washington, DC 20013-7123
Tel: (202) 343-3780
- Determination of possible effect. If the area affected by the proposal
contains a river or river segment which appears on the Inventory, then proceed
to determine if the effect might be adverse. If not, no further procedure
is required.
- Determination of adverse effect. If the proposal could have an adverse
effect, then an EA must be prepared. Sufficient time must be given to allow
NPS to comment and for the development of mitigation measures.
- Determination of whether the proposed action could foreclose options to
classify any portion of the NRI segment.
- Incorporate avoidance/mitigation measures into proposed action.
Consult with the Regional NPS office for further information or assistance with any of the above steps.
A copy of any documentation prepared in carrying out the above steps
should be sent to the NPS regional office.
Marine Sanctuaries
- Determine if any marine sanctuary is in an area that may be affected by the proposed action.
- If there is, establish consultation with the Sanctuary Programs Office, NOAA, to determine the nature of effect:
Director, Sanctuary Programs Office
Office of Coastal Zone Management
3300 Whitehaven St., N.W.
Washington, DC 20235
Tel: (202) 634-4236
- Depending on the nature and extent of effect an environmental assessment oran environmental impact statement may be required.
Coastal zone management
Specific procedures for Federal agency compliance
with state requirements for consistency determination are provided for in 15
CFR Part 930 and in the various approved state coastal management program
documents. USGS personnel responsible for or conducting project activities
in any coastal state should contact the state agency designated as the sole
contact in an approved management program or the NOAA Office of Ocean and
Coastal Resources, Coastal Programs Division.
Chief, Coastal Programs Division
1305 East-West Highway
Silver Spring, MD 20910
Tel: 301-713-3102
Fax: 301-713-4367
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U.S. Department of the Interior 
Cultural & Historic Resources