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Resource-Specific Laws, Regulations, and Executive Orders

In addition to the regulatory process requirements, what are the other laws, regulations, and executive orders that address specific environmental resources that FTA must follow?

Other environmental laws, regulations, and executive orders related to environmental review process are summarized below.  This list is not exhaustive; other laws such as the Farmland Protection Policy Act or the Wild and Scenic Rivers Act are rarely encountered by transit projects, but may be.

Endangered Species Act of 1973
Requires that projects avoid taking endangered species wherever possible; this includes destruction of habitat or harassment (often from construction or project noise) to habitat suitable for such species. Section 7 of the Endangered Species Act (ESA) guides the consultation process with the U.S. Fish and Wildlife Service for addressing potential impacts to sensitive species and habitat.

EPA’s Air Quality Conformity Regulation that applies to FTA actions (40 CFR § 93)
The Clean Air Act, as amended, requires federal agencies to ensure that their federal actions conform to the State (air quality) Implementation Plan (SIP).  For most transit projects, this conformity requirement is a two-step process: (1) the project must be included in the metropolitan transportation plan and Transportation Improvement Program (TIP) which FHWA, FTA, and the metropolitan planning organization (MPO) have found to conform with the SIP; and (2) if the project is located in a CO or PM nonattainment area, the project must be shown not to cause or worsen any localized air pollution(hot spots).  For first step, the air quality conformity of the plan and TIP that include the projectis performed during the metropolitan planning process, not during the environmental review process.  For this step, the environmental review of the project merely confirms its inclusion in the conforming plan and TIP.  For the second step, the environmental review process normally includes the complete analysis of potential hot spots as applicable. 

Floodplain Management, Executive Order 11988
To meet Executive Order 11988, Floodplain Management and the U.S. Department of Transportation (DOT) Order 5650.2, Floodplain Management and Protection, transit projects must be sited to avoid the 100-year floodplain if a practicable alternative exists. If no practicable alternative exists, actions in a floodplain must be designed to minimize adverse impact to the floodplain’s natural and beneficial values. The design must also minimize the potential risks for flood-related property loss and impacts on human safety, health, and welfare.

Clean Water Act of 1969
Section 404 Requires that a permit be obtained from the U.S. Army Coprs of Engineers for dredge or fill material from the waters of the U.S. including wetlands. These jurisdictional wetlands are ones that are connected to or adjacent to navigable waters of the U.S.

Protection of Wetlands, Executive Order 11990
Nonjurisdictional wetlands are those not connected to or adjacent to navigable waters of the U.S.Construction activities in these wetlands do not require U.S. Army Corps of Engineers approvals, but these wetlands are natural resources that FTA must assess under NEPA. Two documents provide direction and instruction on assessing impacts of FTA actions on these nonjurisdictional wetlands. Executive Order 11990, Protection of Wetlands, sets the standard for a Federal agency action involving any wetland. The U.S. Department of Transportation (DOT) developed and issued DOT Order 5660.1A, Preservation of the Nation's Wetlands,to provide more guidance to DOT agencies, including FTA.