EP 1110-1-18
24 Apr 00
Table 3.1 (continued)
Other Primary Environmental Laws to be Considered During an OE Response Action
Law
Summary
Applicable
(Y/N)
Requires federal agencies to ensure that their actions
Endangered
are not likely to jeopardize the continued existence of
Species Act
endangered or threatened species or result in the
(16 USC 1531-
destruction or adverse modification of critical habitat.
1544; 50 CFR 17,
All NTCRAs must be performed in accordance with
401-424, 450-453)
these requirements through completion of a species
presence determination, performance of a biological
assessment, completion of a biological opinion, and,
if required due to expected impacts, completion of an
application of exemption.
Fish and Wildlife
A project which will result in the structural
Coordination Act
modification of a natural stream or body of water
must conform to the requirements of the Fish and
(16 USC 661-666)
Wildlife Coordination Act. The statute requires
consultation with the US Fish and Wildlife Service to
develop any appropriate protective measures before
implementation of the project.
National
When performing an OE response action, compliance
Environmental
with the procedural requirements of NEPA is not
Policy Act
required. The overall NEPA requirement for a fully-
of 1969 (NEPA)
informed and well-considered decision will be
achieved through compliance with the NCP and
DERP.
3-16
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