EM 1110-2-3600
10 Oct 17
Name Key Items
Sections 401 and 404 of the Federal
Water Pollution Control Act
(FWPCA) of 1972, as amended
(33 USC 1341 and 1344)
The FWPCA establishes the basic structure for regulating discharges of pollutants
into the waters of the United States and regulating quality standards for surface
waters. Sections 401 and 404 require the Corps to obtain from States water quality
certifications when planning water resources development projects that involve the
discharge of dredged or fill material in the waters of the United States, to the effect
that the proposed projects will comply with applicable pollution standards. The
FWPCA provides certain exceptions to this requirement.
Section 306 of the Water Resources
Development Act of 1990
(33 USC 2316)
This Act provides that the Secretary of the Army shall include environmental pro-
tection as one of the primary missions in the planning and operating of Corps of
Engineers water resources projects.
Section 7 of the Endangered Species
Section 7 of the ESA states that each Federal agency shall, in consultation with
Act (ESA) of 1973, as amended
and with assistance of the Secretary of the Interior, ensure that any action author-
(16 USC 1536)
ized, funded, or carried out by such agency is not likely to jeopardize the contin-
ued existence of any endangered or threatened species, or result in the destruction
or adverse modification of critical habitat.
Executive Order 12088, Federal
This Executive Order provides that the head of each executive agency is responsi-
Compliance with Pollution Control
ble for ensuring that all necessary actions are taken for the prevention, control, and
Standards (October 13, 1978) as
abatement of environmental pollution with respect to Federal facilities and activi-
amended by Executive Order 12580
ties under control of the agency.
(January 23, 1987)
Executive Order 13693-Planning for
Federal Sustainability in the Next
Decade (March 19, 2015)
This Executive Order provides that Federal agencies shall propose targets for
agency-wide reductions in greenhouse gas emissions from agency facilities, and
promote measures to meet those targets. .
Section 6 of the Flood Control Act of
1944 (33 USC 708)
This Act authorizes the Secretary of the Army to make agreements with States,
municipalities, private entities, or individuals, for domestic and industrial uses of
surplus water at Corps reservoirs at such prices and terms as he deems reasonable.
Fish and Wildlife Conservation Act This Act encourages all Federal departments and agencies to use their statutory
of 1980 (16 .USC §§ 2901-2911)
and administrative authority, to the maximum extent practicable and consistent
with each agency’s statutory responsibilities, to conserve and promote conserva-
tion of non-game fish and wildlife and their habitats.
Federal Water Project Recreation Act
of 1965, as amended
(16 USC 460l-12 et seq.)
This Act provides for the inclusion of recreation or fish and wildlife enhancement
as project purposes in the pre-authorization planning of multiple purpose projects,
subject to cost sharing agreements with non-Federal public bodies.
Magnuson-Stevens Fishery Conser-
This Act promotes the protection of essential fish habitat in the review of projects
vation and Management Act of 1976
conducted under Federal permits, licenses, or other authorities that affect or have
as amended
the potential to affect such habitat.
(16 USC § 1801 et seq.)
Migratory Bird Treaty Act of 1918 as
The Act states that it is unlawful to pursue, hunt, take, capture or kill; attempt to
amended (16 USC §§703-712) take; possess, offer to or sell, barter, purchase, deliver or cause to be shipped, ex-
ported, imported, transported, carried, or received any migratory bird, part, nest,
egg or product, manufactured or not, included in the treaty.
National Environmental Policy Act
(NEPA) of 1969, as amended (42
USC §§ 4321-4347)
NEPA requires that all Federal agencies prepare detailed environmental impact
statements for “every recommendation or report on proposals for legislation and
other major Federal actions significantly affecting the quality of the human envi-
ronment.” This Act also stipulated the factors to be considered in environmental
impact statements, and required that Federal agencies employ an interdisciplinary
approach in related decision making and develop means to ensure that unquanti-
fied environmental values are given appropriate consideration, along with eco-
nomic and technical considerations.
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