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Environmental Review Toolkit

Other Federal Requirements

Natural Environment

The Clean Air Act – The Clean Air Act, 42 U.S.C. 7401 et seq., is a federal law that regulates stationary and mobile sources of air pollution to protect human health and the environment.

The Clean Water Act – The Clean Water Act, 33 U.S.C. 1251 et seq., is a federal law that regulates discharging pollutants into the waters of the United States to protect human health and the environment. Under the Clean Water Act, state environmental agencies and the Environmental Protection Agency employ a variety of regulatory and non-regulatory tools to reduce direct and indirect pollutant discharges into waterways.

  • The Navigable Waters Protection Rule – The Navigable Waters Protection Rule finalized a revised definition of “waters of the United States” under the Clean Water Act. The Navigable Waters Protection Rule and the “waters of the United States” rulemaking are currently underway.

The Endangered Species Act – The Endangered Species Act (16 U.S.C. 1536, Section 7) provides a program for the conservation of imperiled species and the ecosystems upon which they depend.

Land and Water Conservation Fund Act – The Land and Water Conservation Fund Act is a federal program that provides fund matching to federal, state, and local governments for the acquisition of land and water, and easements on land and water. It is intended to protect national natural treasures in the forms of parks and protected forest and wildlife areas.

Marine Mammal Protection Act – The Marine Mammal Protection Act established a national policy to prevent marine mammal species and population stocks from declining beyond the point where they ceased to be significant functioning elements of the ecosystem.

Migratory Bird Treaty Act – The Migratory Bird Treaty Act of 1918 (MBTA), 16 U.S.C. 703, prohibits the intentional taking of migratory birds. Federal-aid highway projects that are likely to result in intentional take of birds protected under the MBTA require the issuance of take permits.

Mitigation of Impacts to Wetlands and Natural Habitats – Policy and procedures for the evaluation and mitigation of adverse environmental impacts to wetlands and natural habitat resulting from Federal aid projects are in place under Mitigation Impacts and Natural Habitats.

Wild and Scenic Rivers Act – The Wild and Scenic Rivers Act, 16 U.S.C. 1271 et. seq., was created to preserve rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations.


Subject/Title Resource URL
Clean Air Act Section 176(c) Statute
Transportation Conformity Rule at 40 CFR Part 93 Final Rule
Noise Control Act of 1972 Statute
FHWA Noise Regulations at 23 CFR Part 772 Final Rule
Hazardous Materials
Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) Statute
Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9671—9675) Statute
Resource Conservation and Recovery Act (42 U.S.C. 6901—6992k) Statute
The Brownfields Utilization, Investment and Local Development (BUILD) Act Information
Anadromous Fish Conservation Act Statute
16 U.S.C. 662, Section 2 of the Fish and Wildlife Coordination Act Statute
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended Statute
Executive Order 13112, Invasive Species E.O. 13112
16 U.S.C. 668-668d, Bald and Golden Eagle Protection Act Statute
Executive Order 13186, Responsibilities of Federal Agencies to Protect Migratory Birds E.O. 13186
Water Resources and Wetlands
Location and Hydraulic Design of Encroachments on Flood Plains Statute
43 U.S.C., Coastal Barrier Resources Act Statute
Coastal Zone Management Act Statute
42 U.S.C. 300(f) et seq., Safe Drinking Water Act Statute
33 U.S.C. 403, Rivers and Harbors Act of 1899 Statute
16 U.S.C. 3901 and 3921, Emergency Wetlands Resources Act Statute
Wetlands Mitigation Statute
FHWA Wetland and Natural Habitat Mitigation Regulations at 23 CFR part 777 Final Rule
42 U.S.C. 4001—4130, Flood Disaster Protection Act Statute
Executive Order 11990, Protection of Wetlands E.O. 11990
Executive Order 11988, Floodplain Management E.O. 11988
Programmatic Mitigation
Programmatic Mitigation Plans Statute


Subject/Title Resource URL
Updated Interim Guidance on Mobile Source Air Toxic Analysis in NEPA Documents Guidance
EPA Transportation Conformity Guidance Webpage
FHWA Transportation Conformity Guidance Webpage
Hazardous Materials
Interim Guidance – Hazardous Waste Sites Affecting Highway Project Development Guidance
Supplemental Hazardous Waste Guidance Guidance
The Endangered Species Act
Management of the Endangered Species Act (ESA) Environmental Analysis and Consultation Process Memorandum
Endangered Species Act Memorandum
The Migratory Bird Treaty Act Does Not Prohibit Incidental Take Memorandum
U.S. FWS Mitigation Policy and Endangered Species Act Compensatory Mitigation Policy Policy
Water Resources and Wetlands
Additional Guidance on 23 CFR 650A – Participation Options for Limiting Flood Damage Guidance
Additional Guidance on 23 CFR 650A – Procedures for Coordinating Highway Encroachments of Floodplains with FEMA Guidance
USACE Regulatory Guidance Letter No. 18-01, Determination of Compensatory Mitigation Credits for the Removal of Obsolete Dams and Other Structures from Rivers and Streams Guidance
Compensatory Wetland Mitigation Message
Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act Guidance
Federal Guidance on the Use of the TEA-21 Preference for Mitigation Banking to fulfill Mitigation Requirements Under Section 404 of the Clean Water Act Guidance
Guidance on Developing Water Quality Action Plans Guidance
Funding for Establishment of Wetland Mitigation Banks Memorandum
Jurisdictional Coverage of Isolated, Non-Navigable Intrastate Waters Message
Legal Analysis of New Supreme Court Case on Wetlands, Solid Waste Agency of Northern Cook County v. US Army Corps of Engineers, No. 99-1178 Memorandum
Section 404 Nationwide Permits Message
Use of Private Wetland Mitigation Banks Memorandum
Use of Private Wetland Mitigation Banks as Compensatory Mitigation for Highway Project Impacts Memorandum
Wetlands Mitigation Action Plan and Corps RGL Message
Wetland Mitigation and Banking Agreements Memorandum
Army Corps of Engineers Regulatory Guidance Letter on Jurisdictional Determinations Memorandum
Federal-aid Eligibility for Long-Term Management Activities in Wetland and Natural Habitat Mitigation Memorandum
Federal-aid Eligibility of Wetland and Natural Habitat Mitigation Memorandum


Subject/Title Resource URL
The Clean Air Act
FHWA Air Quality Programs Webpage
Hazardous Materials and Brownfields
Policy Revision to Support Brownfields Economic Redevelopment Initiative Information
Department of Transportation Brownfields Strategy Action Plan
Documentation Requirements for Hazardous Waste Information
Brownfields Economic Redevelopment Initiative FHWA and FTA Role Action Plan
Hazardous Wastes in Highway Rights-of-Way Information