EP 1165-2-1
30 Jul 99
19-7. Authorities Supporting Ecosystem Restoration. The Federal
involvement in environmental quality, including ecosystem restoration,
is supported in law, Executive Order, and International treaties.
Consequently, the Corps Civil Works Program's involvement in the
protecting and restoring the quality of environmental resources is
also broadly supported, but not limited to, the following examples:
a.
Fish and Wildlife Coordination Act of 1958, as amended.
b.
Federal Water Project Recreation Act of 1965, as amended.
c.
National Environmental Policy Act of 1969, as amended.
d.
Coastal Zone Management Act of 1972, as amended.
e.
Clean Water Act of 1972, as amended.
f.
Marine Protection, Research and Sanctuaries Act of 1972, as
amended.
g.
Endangered Species Act of 1973, as amended.
h.
Water Resources Development Acts of 1986, 1988, 1990, 1992,
and 1996.
i. Coastal Wetlands Planning, Protection, and Restoration Act
of 1990 (Title III of Public Law 101-646).
j.
Executive Order 11990, "The Protection of Wetlands".
k. Executive Order 11991, "Relating to Protection and
Enhancement of Environmental Quality ".
m. Numerous International Conventions on the Conservation of
Habitat and Migratory Birds dating from 1929 through 1989.
19-8. Environmental Authorities within WRDAs. Environmental
authorities with direct applicability to the Civil Works Program are
found within the various WRDAs and include the following:
a. Section 906 of WRDA 1986 (Public Law 99-662) establishes a
comprehensive mitigation policy for water resources projects,
including:
(1) Subsection 906(a) authorizes mitigation activities to be
done either before the start of construction or concurrently with the
initiation of project construction. Mitigation measures will
generally be scheduled for accomplishment concurrently with the
initiation of construction of other project features. Should there be
circumstances warranting accomplishment of mitigation activities as
the first or the last element of project construction, the prior
approval of HQUSACE will be required before proceeding.
(2) Subsection 906(b) authorizes the Secretary of the Army to
provide for fish and wildlife mitigation resulting from any water
resources project under his or her jurisdiction, whether completed,
under construction or to be constructed without specific Congressional
authorization. Such mitigation activities may include the acquisition
of lands, or interests therein, except for certain limitations. The
limitations are:
19-4
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