6883
xvEPA
United States
Environmental Protection
Agency
Federal Activities
(A-104)
21E4001
January 1991
Cross-Cutting
Environmental Laws
A Guide for Federal/State
Project Officers
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Endangered Species Act
National Historic Preservation Act
Archeological and Historic Preservation Act
Wild and Scenic Rivers Act
Fish and Wildlife Coordination Act
Coastal Zone Management Act
Coastal Barriers Resources Act
Wilderness Act
Farmland Protection Policy Act
Executive Order 11990-Protection of Wetlands
Executive Order 11988-Protection of Floodplains
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Introduction
Congress has passed a number of environmental laws which address the federal
responsibility for protecting and conserving special resources. Examples of such laws are
the Endangered Species Act, the National Historic Preservation Act, and the Wild and
Scenic Rivers Act. The U.S. Environmental Protection Agency (EPA) refers to these laws
generally as "cross-cutters" because the requirement to comply with them cuts across all
federal programs. A list of cross-cutting environmental laws (other than those
administered by EPA) is included at the end of this section.
The cross-cutters require federal agencies to consider the impact that their
programs and individual actions might have on particular resources and such
consideration must be documented as part of the agency's decision-making process.
Federal undertakings that could have an effect include agency activities which would
physically disrupt the environment, such as construction projects, and the issuance of
grants and permits for projects that could also have an impact. All federal agencies must
comply with these laws in carrying out activities unless a statute provides for an
exemption or deferral because of an emergency or some other situation. In some cases,
states administering federal programs have the lead in cross-cutter compliance.
Most federal agencies administering the cross-cutters have developed regulations
or guidance which lay out procedures for federal agency compliance. Many of the
procedures require federal agencies to consult with these "administering agencies", and to
provide an opportunity for public comment before making a decision on an action. The
administering agencies have the expertise and oftentimes the public has information about
a resource to help in determining the impact of a federal undertaking on the resource and
what steps should be taken to avoid or mitigate adverse impacts.
Consultation with administering agencies usually begins early in the planning
stages of a program or project. This avoids delays that might be incurred from having to
address an impact later on in an undertaking when it may be more difficult and time-
consuming for an agency to make changes. The evaluation that is conducted under cross-
cutters is usually integrated into other statutory reviews, such as the environmental reviev
carried out under the National Environmental Policy Act (NEPAJ- This reduces paperwork
and the potential for delays.
This pamphlet gives an overview of cross-cutting environmental laws
administered by federal agencies other than EPA. It is intended as a guide, primarily for
EPA staff and state staffs, who carry out actions for which EPA is responsible. The
information provided in this pamphlet, however, may also be useful to other agencies, as
well. The cross-cutters addressed in this pamphlet include the following:
Endangered Species Act
National Historic Preservation Act
Archeological and Historic Preservation Act
Wild and Scenic Rivers Act -_. M
Fish and Wildlife Coordination Act --
Coastal Zone Management Act
Coastal Barriers Resources Act of/
Wilderness Act J ' L
Farmland Protection Policy Act
Executive Order 11990—Protection of Wetlands
Executive Order 11988—Protection of Floodplains
ttg> Printed on Recycled Paper
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Endangered Species Act, 16 U.S.C. 1531 et seq.
Description
And Intent
The purpose of the Endangered Species Act (ESA) is to ensure that federal agencies and
departments use their authorities to protect and conserve endangered and threatened
species. Section 7 of the Act requires that federal agencies prevent or modify any projects
authorized, funded, or carried out by the agencies that are "likely to jeopardize the
continued existence of any endangered species or threatened species, or result in the
destruction or adverse modification of critical habitat of such species."
Administering
Agencies
The ESA is administered by the U.S. Department of Interior through the Fish and Wildlife
Service (FWS) and the U.S. Department of Commerce through the National Marine
Fisheries Service (NMFS), National Oceanic and Atmospheric Administration.
Implementing
Regulations
50 CFR Part 402: Department of Interior and Department of Commerce procedures for
implementing Section 7.
50 CFR Parts 450, 451, 452, and 453: Department of Interior and Department of
Commerce rules for applying for Endangered Species Act exemptions and Endangered
Species Committee consideration of such applications.
Summary Of
Requirements
Federal agencies must review actions they undertake or support to determine whether
they may affect endangered species or their habitats. If such review reveals the potential
for effects, the .federal agency must consult with the FWS or NMFS, as appropriate.
Consultation is carried out for the purpose of identifying whether a federal action
is likely to jeopardize the continued existence of the endangered or threatened species or
adversely affect its critical habitat. If FWS or NMFS determines that a proposed action
would likely have this negative impact, then the project must be stopped unless the
consulting parties can agree on alternatives to eliminate jeopardy. If there are no feasib.^
alternatives that can be carried out, the action agency may apply for an exemption with
the Endangered Species Committee.
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The National Historic Preservation Act, 16 U.S.C. 470
Description
And Intent
The National Historic Preservation Act (NHPA), as amended, directs federal agencies to
integrate historic preservation into all activities which either directly or indirectly involve
land use decisions. This is to ensure federal leadership in the preservation of prehistoric
and historic resources of the United States.
Administering
Agencies
The NHPA is administered by the U.S. Department of the Interior, National Park Service
(NPS) and the Advisory Council on Historic Preservation (ACHP). The NHPA is also
implemented through State Historic Preservation Officers (SHPOs) in each state and
territory and through Federal Preservation Officers (FPOs) in each federal agency.
Implementing
Regulations
36 CFR Part 60: Procedures for Nominating and Listing Properties in the National
Register.
36 CFR Part 61: Procedures for Approved State and Local Government Historic
Preservation Programs. This describes SHPO responsibilities and historic preservation
professional qualifications.
36 CFR Part 63 (soon to be combined with 36 CFR 60): Procedures for
Determining Eligibility of Properties for Inclusion in the National Register of Historic
Places.
36 CFR Part 65: National Historic Landmarks Program.
36 CFR Part 68: The Secretary of the Interior's Standards for Historic Preservatior
Projects.
36 CFR Part 79: Procedures for the Curation of Federal Archeological Collections.
36 CFR Part 800: Regulations of the Advisory Council on Historic Preservation
Governing the NHPA Section 106 Review Process.
48 FR 190, Part IV (September 29, 1983), "Secretary of the Interior's Standards and
Guidelines for Archeology and Historic Preservation."
53 FR 4727-46 (February 17, 1988), "Guidelines for Federal Agency Responsibilities
under Section 110 of the National Historic Preservation Act."
Summary Of
Requirements
Section 110 of the NHPA describes the general responsibilities of federal agencies with
regard to the identification, evaluation, registration, protection, and preservation of historii
properties. "Historic property" means any district, building, structure, site, or object that i
eligible for listing in the National Register of Historic Places because the property is
significant at the national, state, or local level in American history, architecture, archeology
engineering, or culture. Among the Section 110 requirements: 1) Section 110 (a) requires
federal agencies to establish a program to locate, inventory, and nominate to the National
Register all historic properties under the agency's ownership or control (not generally
applicable to EPA); 2) Section 110 (d) creates a broad mandate for federal agencies to carrj
out their programs in accordance with the purposes of the NHPA; 3) Section 110 (f)
requires federal agencies to minimize harm to National Historic Landmarks as Section 110
does for historic properties in general; and 4) Section 110 (b) requires federal agencies to
record historic properties which might be damaged or destroyed by a federal activity.
Before approving or carrying out a federal, federally assisted, or federally licensed
undertaking, Section 106 of the NHPA requires federal agencies to take into consideration
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the impact that the action may have on historic properties which are included on, or are
eligible for inclusion on, the National Register of Historic Places. Section 105 also requires
that federal agencies provide the ACHP with the opportunity to comment on the
undertaking.
In fulfilling the requirements of Section 106 and its implementing regulations,
federal agencies are required to 1) identify and evaluate any historic properties that might
be impacted by the undertaking; 2) determine the effect of the undertaking on these
properties; and 3) develop alternatives and measures to avoid or mitigate adverse effects.
Agencies may find it necessary to carry out a cultural resource survey in connection with
the Section 106 review process. The Section 106 review process is usually czinied out as
part of a formal consultation with the SHPO, the ACHP, and any other parties, such as
Indian tribes that have knowledge of, or a particular interest in, historic resources in the
project area of the undertaking. Formal consultation is concluded upon preparation of a
Memorandum of Agreement among the consulting parties which addresses the treatment
of any adverse effects. If no agreement is reached, the federal agency must obtain the
comments of the ACHP.
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Archeological and Historic Preservation Act, as amended,
16 U.S.C. 469-469C
Description
And intent
The Archeological and Historic Preservation Act (AHPA), as amended, furthers the
policies of the Historic Sites Act of 1935 by providing for the preservation of cultural
resources that may be damaged by federal or federally authorized construction activities.
The statute contains the Reservoir Salvage Act of 1960 and amendments made to it in 197-
(P.L.93-291, known as the Moss-Bennett Act) and 1978 (P.L. 95-625). The portions of
AHPA that may apply to federal agency projects are Section 4(a) and Section 7(a). Sectior
4(a) requires that the Secretary of the Interior be notified when unanticipated archeologica
materials are discovered during construction of a federal undertaking. Section 7(a) limits
the amount of funds expended for archeological data recovery as part of a federal
undertaking to one percent of project expenses. However, Section 208 of the 1980
amendments to the National Historic Preservation Act (P.L.96-515) established a procedun
for agencies to request the Secretary of the Interior to waive the one percent limitation.
Administering
Agencies
The Departmental Consulting Archeologist (DCA), National Park Service, is the Secretary
of the Interior's representative in administering Section 4(a) and waivers of the one percen
requirement of Section 7(a). As an alternative to Section 4(a), under emergency situations,
discoveries of archeological resources may be handled under the procedures of the
Advisory Council on Historic Preservation.
Implementing
Regulations
36 CFR Part 800: The Advisory Council on Historic Preservation regulations (Protection o
Historic Properties) include special provisions for archeological resources discovered
during implementation of an undertaking (Part 800.11) that are an alternative to
compliance with the AHPA. The DCA administers the reviews and approvals of one
percent waivers. The National Park Service has information on the Emergency Discovery
procedures used for Section 4(a) as well as the means of obtaining a waiver of the one
percent restriction.
Summary Of
Requirements
Federal agencies must notify the DCA in writing when a federal or federally funded
ground disturbing project threatens or damages significant "scientific, prehistorical,
historical, or archeological data". Upon receiving notification, the DCA will evaluate the
data's significance, respond to the federal agency with the evaluation results, and initiate
any needed data recovery efforts on the project. If survey or data recovery work are
required, the DCA will keep the federal agency informed of the progress of all
preservation activities. The Secretary of the Interior will compensate for damages due to
project delays or the loss of land use. All survey or data recovery work must comply with
the Secretary of the Interior's "Standards and Guidelines for Archeology and Historic
Preservation" (48 FR 44716).
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The Wild and Scenic Rivers Act, 16 U.S.C. 271 et seq.
Description
And Intent
Administering
Agencies
The purpose of the Wild and Scenic Rivers Act (WSRA) is to preserve the free-flowing
state of rivers that are listed in the National Wild and Scenic Rivers System (System) or
under study for inclusion in the System because of their outstanding scenic, recreational,
geologic, fish and wildlife, historic, cultural, or other similar values. Rivers in the System
are classified as either wild river areas, scenic river areas, or recreational river areas. The
WSRA establishes requirements applicable to water resource projects and protects both the
river, or river segments, and the land immediately surrounding them.
The Department of the Interior (through the NFS, BLM and FWS) and the Department of
Agriculture (through the Forest Service (FS)) manage wild and scenic rivers within their
jurisdiction and conduct the necessary studies to include additional rivers or river
components into the System. Under Section 2(a) of the Act, states may also propose rivers
to the System and manage them.
Implementing
Regulations
36 CFR Part 297 Subpart A: Wild and Scenic Rivers. The Department of Agriculture's
procedures for addressing water resources projects affecting wild and scenic rivers within
its jurisdiction.
Guidelines entitled "National Wild and Scenic Rivers S-stem, Final Revised
Guidelines for Eligibility, Classification and Management of River Areas", issued jointly by
the National Park Service and the Forest Service and published in the Federal Register on
September 7,1982.
Summary Of
Requirements
Section 7 of the WSRA specifically prohibits federal agencies from providing assistance for
the construction of any water resources projects that would adversely affect wild and
scenic rivers. Assistance may be in the form of a loan, grant, or license. A water
resources project is defined as a dam, water conduit, reservoir, powerhouse, transmission
line, discharge to waters, or development project that would affect the free-flowing
characteristics or scenic, recreational, fish and wildlife values of a wild and scenic river or
study river. The Act does not prohibit licensing or assisting development below or above a
designated river or on tributary streams so long as the development does not invade the
designated river area or unreasonably diminish the values for which the river was
designated.
Before authorizing a project that may affect a wild and scenic river, a federal
agency must notify either the NFS or the FS, as appropriate, of its intentions at least sixty
days in advance of the planned action. The administering agency will either consent to the
proposal or deny it based on whether or not the project would adversely affect the values
for which the river was designated. If consent is denied, the administering agency may
recommend measures to eliminate adverse effects and the authorizing agency may submit
revised plans for consideration. No proposal can proceed without the consent of the
administering agency. Also, no structures affecting the free-flowing nature of the
designated river can be constructed without the consent of Congress.
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The Fish and Wildlife Coordination Act, 16 U.S.C. 661 et seq.
Description
And Intent
Administering
Agencies
The Fish and Wildlife Coordination Act (FWCA), as amended in 1964, was enacted to
protect fish and wildlife when federal actions result in the control or modification of a
natural stream or body of water. The statute requires federal agencies to take into
consideration the effect that water-related projects would have on fish and wildlife
resources; take action to prevent loss or damage to these resources; and provide for the
development and improvement of these resources.
The FWCA is administered by the Department of Interior through the FWS and the
Department of Commerce through the National Oceanic and Atmospheric
Administration's (NOAA) National Marine Fisheries Service (NMFS).
Implementing
Regulations
Summary Of
Requirements
None
To comply with the requirements laid out in the statute, federal agencies must first
determine whether a proposed activity will result in the control or modification of a body
of water. Typical actions that would fall under the jurisdiction of the Act include:
• discharges of pollutants including industrial, mining, and municipal wastes or dredged
and fill material into a body of water or wetlands;
• projects involving construction of dams, levees, impoundments, stream relocation, and
water-diversion structures.
If a project to be constructed, licensed or permitted by a federal agency would
involve any of these activities or any other activity resulting in the control or modification
of any water body for any purpose, then the federal agency must consult with the FWS
(and NMFS, as appropriate) in order to develop measures to mitigate project-related losse;
of fish and wildlife resources.
The statute requires consultation with the FWS (or NMFS, as appropriate) and the
fish and wildlife agency(ies) of any affected state(s) to develop measures to protect,
develop, and improve wildlife. Any reports or decision-making documents subsequently
prepared by the action agency must include the recommendations of the FWS and affected
state(s) for protecting fish and wildlife. Where possible, the action agency must incorporat*
the recommendations in the project plans. The constructing, licensing, or permitting
federal agency is to include in the project plans such justifiable means and measures as it
finds should be adopted to obtain maximum overall project benefits.
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Coastal Zone Management Act, 16 U.S.C. Section 1451 -et seq.
Description
And Intent
Administering
Agency
The Coastal Zone Management Act (CZMA) encourages the management of coastal zone
areas and provides grants to be used in maintaining coastal zone areas. It requires that
federal agencies be consistent with the enforceable policies of state coastal zone
management programs when conducting or supporting activities which affect a coastal
zone. It is intended to ensure that federal activities are consistent with state programs for
the protection and, where possible, enhancement of the nation's coastal zones. As defined
in the Act, the coastal zone includes coastal waters extending to the outer limit of state
submerged land title and ownership, adjacent shorelines and land extending inward to
the extent necessary to control shorelines. The coastal zone includes islands, beaches,
transitional and intertidal areas, salt marshes, etc.
The CZMA is administered by the Department of Commerce through its Office of Ocean
and Coastal Resource Management, and the National Oceanic and Atmospheric
Administration (NOAA).
Implementing
Regulations
15 CFR 930 Subpart D: National Oceanic and Atmospheric Administration regulations on
federal consistency.
15 CFR Part 923: National Oceanic and Atmospheric Administration regulations
regarding program development and operation.
Summary Of
Requirements
The CZMA requires that federal agencies conducting or supporting activities affecting the
coastal zone conduct or support those activities in a manner that is consistent with
approved state coastal management programs.
To comply with the CZMA, the federal agency must identify activities that would
affect the coastal zone, including development projects. If an activity would iiffect the
coastal zone, the federal agency must review the state coastal zone management plan to
determine whether the activity would be consistent with the plan and then notify the
state of its determination. Federal agencies must prepare a written consistency
determination which includes: a detailed description of the action, its associative
facilities, and coastal zone effects; a brief statement on how the activity would be
consistent with the state coastal zone management plan; and data to support the
consistency determination. Copies of state management plans may be obtained from the
coastal commission of each state.
States are required to respond to consistency determinations. If the appropriate
state agency disagrees with the determination, it will respond with its reasons for
disagreeing along with supporting documentation and recommend alternatives that can
be undertaken to allow the activity to proceed consistent with the management program.
If a conflict arises between the state and the federal agency over how a federal
undertaking should proceed, there are several approaches that can be taken to resolve the
conflict including: informal discussions between the parties with the assistance of NOAA,
if requested; mediation by the Secretary of Commerce with public hearings; and judicial
review.
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Federally licensed and permitted activities and federal financial assistance to stat
and local governments which affect the coastal zone are also subject to federal consistenc
provisions. The applicant for a federal license, permit or financial assistance must attach
consistency certification issued by the state coastal agency before the federal agency can
approve a license or permit or grant financial assistance. If the state objects to a license,
permit, or financial award, the applicant can appeal this decision to the Department of
Commerce on the grounds that the proposal is consistent with the objectives or purposes
of the Coastal Zone Management Act or is necessary in the interest of national security.
Outer Continental Shelf (DCS) activities for exploration, development, or
production of oil and gas are also subject to federal consistency.
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Coastal Barrier Resources Act, 16 U.S.C. 3501 et seq
Description
And Intent
Administering
Agency
The purpose of the Coastal Barrier Resources Act (CBRA) is to protect ecologically
sensitive coastal barriers along the coasts of the U.S. The Act establishes the Coastal
Barrier Resources System (CBRS) and, with certain exceptions, prohibits new federal
expenditures and financial assistance for development within the System. Section 5 (a) of
the Act lists expenditures and assistance specifically prohibited, while Section 6 outlines
the specific exceptions to the general prohibition.
The CBRA is administered by the Department of Interior, through the FWS.
Implementing
Guidelines
Summary Of
Requirements
U.S. DOI Coastal Barrier Act Advisory Guidelines, issued by the Fish and Wildlife Service
(FWS) on October 6,1983. These guidelines detail the process which federal agencies
must follow in consulting with the FWS prior to making an expenditure on or providing
assistance to activities excepted under Section 6 of the CBRA. The guidelines list
examples, by agency, of federal program expenditures and financial assistance which
would be prohibited under the Act. These examples are in addition to those listed in the
Act. For the Environmental Protection Agency, the guidelines include grants for
wastewater-treatment construction (Section 201 grants) as expenditures which would be
prohibited.
The FWS guidelines require federal agencies to provide the FWS with the opportunity to
submit written comments prior to making any federal expenditures or financial assistance
on an action excepted under Section 6 of CBRA and within a CBRS unit. In response to a
consultation request, the FWS will provide technical information and comments on (1)
whether the action L one which Section 6 allows and (2) whether it is consistent with the
purposes of CBRA as stated in Section 2(b) of the Act... "to minimize the loss of human
life, wasteful expenditure of federal revenues, and damage to fish, wildlife and other
natural resources associated with coastal barriers along the Atlantic and Gulf coasts".
Upon consideration of FWS comments, the consulting agency is responsible for making the
final determination as to whether an action permitted under Section 6 is consistent with
the purposes of the Act.
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The Wilderness Act, 16 U.S.C. 1131 et seq.
Description
And Intent
The Wilderness Act (WA) establishes a system of National Wilderness areas and a policy
for protecting and managing this system. With certain exceptions, the Act prohibits
motorized equipment, structures, installations, roads, commercial enterprises, aircraft
landings, and mechanical transport. The Act permits mining on valid claims, access to
private lands, fire control, insect and disease control, grazing, water-resource structures
(upon the approval of the President), and visitor use.
Administering
Agencies
The WA is administered by the Department of Interior, through BLM, FWS and NFS; and
the Department of Agriculture, through the FS.
Implementing
Regulations
50 CFR Part 35: U.S. Fish and Wildlife Service. Wilderness Preservation and
Management.
43 CFR Part 19: Office of the Secretary of Interior. Wilderness Preservation.
36 CFR Part 293: U.S. Forest Service. Wilderness Primitive Areas.
36 CFR Part 261: U.S. Forest Service. Prohibitions.
36 CFR Part 219: U.S. Forest Service. Management.
43 CFR Part 8560: Bureau of Land Management. Designated Wilderness Areas;
Procedures for Management.
Summary Of
Requirements
In planning a project, federal agencies need to determine whether or not the activity will
affect a designated wilderness area. In making this determination, the agency should
consult with the appropriate administering agency. Tvpically, wilderness areas are located
within either National Parks (administered by the NPS), National Wildlife Refuges
(administered by FWS), National Forests (administered by the FS), or public lands
(administered by BLM) These contacts can assist the federal agency in determining
whether a proposed project falls among the activities prohibited in the wilderness areas;
how proposed activities may be mitigated; and whether exemptions to the prohibitions are
necessary and can be obtained. For example, it may be possible to substitute temporary
structures and roads, or certain kinds of equipment in order to avoid adverse effects on a
wilderness area.
Federal agencies cannot proceed with a project unless they have the approval of
the administering agency. For some activities, a permit may be required.
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Farmland Protection Policy Act, 7 U.S.C. 4201 et seq.r and
EPA Policy to Protect Environmentally Significant
Agricultural Lands, September 1978.
Description
And Intent
The purpose of the Farmland Protection Policy Act (FPPA) is to minimize the extent to
which federal programs contribute to the unnecessary and irreversible conversion of
farmland to non-agricultural uses, and to assure that federal programs are administered ir.
a manner that, to the extent practicable, will be compatible with state, local, ind private
programs and policies to protect farmland. Additionally, EPA's policy is to protect the
Nation's significant/important agricultural lands from conversions that are irreversible and
result in the loss of an essential food or environmental resource.
Administering
Agency
The FPPA is administered by the USD A, Soil Conservation Service (SCS). EPA's Policy to
Protect Environmentally Significant Agricultural Lands is administered by EPA's Office of
Federal Activities.
Implementing
Procedures
7 CFR Part 658. USDA Final Rule, Farmland Protection Policy, July 5, 1984. Proposed
revisions published on January 8, 1987. This rule and proposed revisions establish criteria
for land evaluation and site assessment. It includes thresholds which are to be applied in
determining which sites should be avoided. It also provides for technical assistance from
SCS, the Agricultural Stabilization and Conservation Service (ASCS), and the Forest Servia
in determining the applicability of the Act to a particular site and in evaluating protection
issues, developing alternatives and resolving conflicts.
In addition to USDA's regulations, EPA's Policy to Protect Environmentally
Significant Agricultural Lands provides guidance regarding the conservation of farmlands
having specific environmental value.
Summary Of
Requirements
The Farmland Protection Policy Act (FPPA) and USDA's implementing procedures require
federal agencies to evaluate the adverse effects (direct and indirect) of their activities on
prime and unique farmland, as well as farmland of statewide and local importance, and to
consider alternative actions that could avoid adverse effects. Criteria established by the
SCS should be used to select among alternative farmland sites.
EPA's policy identifies three types of environmentally significant agricultural land:
for protection in addition to the lands included in the FPPA. These are: farmlands in or
contiguous to environmentally sensitive areas, farmlands important for waste utilization
and farmlands with significant capital investments in best management practices.
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Executive Order 11990—Protection of Wetlands (May 24,
1977, 42 FR 26961).
Description
And Intent
The purpose of Executive Order 11990 is to "minimize the destruction, loss or degradation
of wetlands and to preserve and enhance the natural and beneficial values of wetlands".
To meet these objectives, the Order requires federal agencies, in planning their actions, to
consider alternatives to wetland sites and limit potential damage if an activity affecting a
wetland cannot be avoided. The Order applies to:
• acquisition, management, and disposition of federal lands and facilities;
• construction and improvement projects which are undertaken, financed or assisted by
federal agencies;
• federal activities and programs affecting land use, including but not limited to water and
related land resources planning, regulation, and licensing activities.
Administering
Agency
Each federal agency is responsible for preparing implementing procedures for carrying out
the provisions of the Order.
Implementing
Procedures
EPA's "Statement of Procedures on Floodplain Management and Wetlands Protection",
issued on January 5,1979, addresses the Agency's policy and procedures for implementing
the Order (see Appendix A of EPA's NEPA regulations at 40 CFR Part 6).
Summary Of
Requirements
EPA's procedures are based primarily on the Order and address EPA's policy for avoiding
impacts to wetlands in all EPA programs. The procedures require the determination of
whether or not the proposed project will be in or will affect wetlands. If so, a wetlands
assessment must be prepared that describes the alternatives considered. The procedures
include a requirement for public review of assessments.
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Executive Order 11988—Floodplain Management, May 24,
1977.
Description
And Intent
Administering
Agency
Executive Order 11988 requires federal agencies to avoid to the extent possible the long
and short-term adverse impacts associated with the occupancy and modification of
floodplains and to avoid direct and indirect support of floodplain development wherever
there is a practicable alternative. In accomplishing this objective, "each agency shall
provide leadership and shall take action to reduce the risk of flood loss, to minimize the
impact of floods on human safety, health, and welfare, and to restore and preserve the
natural and beneficial values served by floodplains in carrying out its responsibilities" for
the following actions:
• acquiring, managing, and disposing of federal lands and facilities;
• providing federally-undertaken, financed, or assisted construction and improvements;
• conducting federal activities and programs affecting land use, including but not limited
to water and related land resources planning, regulation, and licensing activities.
Each federal agency is responsible for preparing implementing procedures for carrying out
the provisions of the Order.
Implementing
Procedures
EPA's "Statement of Procedures on Floodplain Management and Wetlands Protection",
issued on January 5, 1979, addresses the Agency's policy and procedures for
implementing the Order (see Appendix A of EPA's NEPA regulations in 40 CFR Part 6).
Summary Of
Requirements
On February 10,1978, the Water Resources Council issued "Floodplain Management
Guidelines" (40 FR 6030) to aid other federal agencies in amending their regulations and
procedures to comply with the Order. The guidelines address an eight-step process that
agencies should carry out as part of their decision-making on projects that riave potential
impacts to or within the floodplain. The eight steps, which are summarized below, reflect
the decision-making process required in Section 2(a) of the Order.
• Determine if a proposed action is in the base floodplain (that area which lias a one
percent or greater chance of flooding in any given year).
• Conduct early public review.
• Identify and evaluate practicable alternatives to locating in the base floodplain, including
alternative sites outside of the floodplain.
• Identify impacts of the proposed action.
• If impacts cannot be avoided, develop measures to minimize the impacts and restore
and preserve the floodplain, as appropriate.
• Reevaluate alternatives.
• Present the findings and a public explanation.
• Implement the action.
In 1987, the Federal Emergency Management Agency and the Interagency Task
Force on Floodplain Management issued "Further Advice on EO 11988 Floodplain
Management". Among a number of things, the Task Force clarified the EO with respect t<
development in floodplains, emphasizing the requirement for agencies to select alternativt
sites for projects outside the floodplains, if practicable, and to develop measures to
mitigate unavoidable impacts.
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Appendix A—
Sources of Information on Cross-Cutting Environmental
Laws
EPA Contacts
EPA Headquarters
Environmental Regulatory Analysis Team
Special Programs and Analysis Division
Office of Federal Activities, A-104
US. EPA
401 M Street S.W.
Washington, D.C. 20460
Phone: FTS 382-5052
(202) 382-5052
Region 1
NEPA Coordinator
Water Management Division
Marine and Estuarine Protection Section
U.S. EPA
John F. Kennedy Federal Building
Room 2203
Boston, MA. 02203
Phone: FTS 835-4420
(617) 565-4420
Region 2
NEPA Coordinator
Environmental Impacts Branch
U.S. EPA
26 Federal Plaza
New York, NY 10278
Phone: FTS 264-1892
(212) 264-2657
Region 3
NEPA Coordinator
Environmental Assessment Branch
VS. EPA
841 Chestnut Street
Philadelphia, PA 19107
Phone: FTS 597-1196
(215) 597-11%
Region 4
NEPA Coordinator
Federal Activities Branch
US. EPA
345 Courtland Street, NE
Atlanta, GA 30365
Phone: FTS 257-3776
(404) 347-3776
Region 5
Environmental Review Manager
Environmental Review Branch
U.S. EPA
230 South Dearborn Street
Chicago, II 60604
Phone: FTS 886-7500
(312) 353-7500
Region 6
NEPA Coordinator
Federal Activities Branch
U.S. EPA
1445 Ross Avenue
12th Floor, Suite 1200
Dallas, TX 75270
Phone: FTS 255-2260
(214) 655-2260
Region 7
NEPA Coordinator
Environmental Review Branch
726 Minnesota Avenue
Kansas City, KS 66101
Phone: FTS 551-7780
(913) 551-7000
Region 8
Environmental Assessment Coordinator
Environmental Assessment Branch
U.S. EPA
999 18th Street
Suite 500
Denver, CO 80202-2405
Phone: FTS 330-1572
(303) 293-1572
Region 9
NEPA Coordinator
Office of Federal Activities
U.S. EPA
San Francisco, CA 94105
Phone: FTS 484-1050
(415) 744-1050
Region 10
NEPA Coordinator
Environmental Evaluation Branch
Water Division
U.S. EPA
1200 Sixth Avenue
Seattle, WA 98101
Phone: FTS 399-8505
(206) 442-8505
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Other Federal
Agenciee—Headquarter* Offices
Endangered Species Act
Division of Habitat Conservation and
Division of Endangered Species
U.S. Fish and Wildlife Service
400 Arlington Square
4401 N Fairfax Drive
Arlington, VA 22203
Phone: (703) 358-2183
Office of Protected Resources
National Marine Fisheries Service
National Oceanic and Atmospheric
Administration
1335 East-West Highway
Silver Spring, MD 20910
Phone: (301) 427-2333
National Historic Preservation Act and
Archeological and Historic Preservation
Act
Associate Director
Cultural Resources
National Park Service
P.O. Box 37127
Washington, D.C. 20013-7127
Phone: (202) 208-7625
The Departmental Consulting Archeologist
National Park Service
P.O. Box 37127
Washington, D.C. 20013-7127
Phone: (202) 343-1876
Chief, Archeological Assistance Division
National Park Service
P.O. Box 37127
Washington, D.C. 20013-7127
Phone: (202) 343-4101
Chief, Interagency Resources Division
National Park Service
P.O. Box 37127
Wasshington, D.C. 20013-7127
Phone: (202) 343-9500
Advisory Council on Historic Preservation
The Old Post Office Building
1100 Pennsylvania Avenue, N.W. #809
Washington, D.C. 20004
Phone: (202) 786-0503
Wild and Scenic Riven Act
Ranger Activities Division
National Park Service
Department of Interior
1849 C Street N.W.
Washington, D.C. 20240
Phone: (202) 208-4874
Recreation, Cultural Resources, and
Wilderness Management
Forest Service
Auditor's Building
4th Floor Central
14th Street and Independence Avenue
Washington, D.C. 20090-6090
Phone: (202) 447-7754
Fish and Wildlife Coordination Act
Office of Protected Resources
National Marine Fisheries Service
National Oceanic and Atmospheric
Administration
1335 East-West Highway
Silver Spring, MD 20910
Phore: (301) 427-2332
Division of Habitat Conservation
U.S. Fish and Wildlife Service
400 Arlington Square
4401 N Fairfax Drive
Arlington, VA 22203
Phone: (703) 358-2183
Wilderness Act
U.S. Fish and Wildlife Service
Assistant Director
Refuges and Wildlife
1849 C Street N.W.
Washington, D.C. 20240
Phone (703) 358-2043
Ranger Activities Division
National Park Service
Department of Interior
1849 C Street N.W.
Washington, D.C. 20240
Phone: (202) 208-4874
Recreation, Cultural Resources and
Wilderness Management
Forest Service
14th Street and Independence Avenue
Auditor's Building
4th Floor Central
Washington, D.C. 20090-6090
Phone: (202) 447-7754
Wilderness Resources Branch
Bureau of Land Management
1849 C Street N.W.
Washington, D.C. 20240
Phone: (202) 208-4819
Coastal Zone Management Act
Office of Oceans and Coastal Resources
Management
National Oceanic and Atmospheric
Administration
1825 Connecticut Avenue
Washington, D.C. 20235
Phone: (202) 673-515*
Coastal Barriers Resources Act
Division of Habitat Conservation
Special Projects Branch
U.S. Fish and Wildlife Service
400 Arlington Square
4401 N. Fairfax Drive
Arlington, VA 22203
Phone: (703) 358-2183
Farmland Protection Policy Act
Soil Conservation Service
Conservation Planning Division
P.O. Box 2890
Washington, D.C. 20013
Phone: (202) 382-1853
EPA's Policy to Protect Environmentally
Significant Agricultural Lands
Environmental Regulatory Analysis Team
Special Programs and Analysis Division
Office of Federal Activities, A-104
U.S. EPA
401 M Street S.W.
Washington, D.C. 20460
Phone: (202) 382-5910
Executive Order 11990—Protection of
Wetlands
Office of Wetlands Protection, A-104F
US. EPA
401 M Street S.W.
Washington, D.C. 20460
Phone: (202) 475-7791
Council on Environmental. Quality
722 Jackson Place, N.W.
Washington, D.C. 20503
Phone: (202) 395-5080
Executive Order 11988—Iloodplain
Management
Federal Insurance Administration
(Consultation Agency)
Federal Emergency Management Agency
500 C Street S.W.
Washington, D.C. 20472
Phone: (202) 646-2717
State Historic Preservation Officers
For names and addresses of State Historic
Preservation Officers (SHPOs) contact:
National Conference of State Historic
Preservation Officers
Suite 332, Hall of the States
444 North Capitol Street, N.W.
Washington, D.C. 20001-1512
Phone: (202) 624-5465
£ til AA4/JA1UC
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