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.
ADDITIONAL LAWS AND REGULATIONS
Subject/Title |
Resource URL |
Air |
Clean Air Act Section 176(c) |
Statute |
Transportation Conformity Rule at 40 CFR Part 93 |
Final Rule |
Noise |
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 |
Wildlife |
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 |
GUIDANCE
Subject/Title |
Resource URL |
Air |
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 |
Wildlife |
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 |
ADDITIONAL RESOURCES
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 |