Download:
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pdfRESTORE Act Environmental Checklist
Department of the Treasury
OMB Approval Number 1505‐0250
Directions: The following questions will aid the applicant in identifying the environmental laws that
may apply to the eligible activity and the environmental documents that may be required from listed
agencies and submitted with the grant application. Follow up to the questions should be listed in the
table located on the last page of the checklist. Treasury will use the submittals to record the Applicant’s
assertion that it has complied with applicable environmental laws. Please note: if links do not work,
either cut and paste the link or use a different browser.
PROPOSED PROJECT NAME:
APPLICANT NAME:
FEDERAL LAWS
1.1 NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)
The NEPA of 1969 (42 U.S.C. 4321 et seq.) provides a national policy that encourages “productive and
enjoyable harmony between man and his environment; to promote efforts which will prevent or
eliminate damage to the environment and biosphere and stimulate the health and welfare of man . . .”
The NEPA requires that all federal agencies use a systematic, interdisciplinary approach for protection
of the human environment; this approach will ensure the integrated use of the natural and social
sciences in any planning and decision‐making that may have an impact upon the environment. The
NEPA also requires the preparation of a detailed Environmental Impact Statement (EIS) on any major
federal action that may have a significant impact on the environment. An Environmental Review may
be required based on the answers to the following questions:
1)
Will the proposed activity be under the permitting authority of any federal agency?
Yes
No
2)
Will the proposed activity receive federal assistance (other than RESTORE Act funding)?
Yes
No
3)
Will the proposed activity be subject to any federal regulatory decision or approval?
Yes
No
According to the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a
valid OMB control number. The valid OMB control number for this information collection is 1505‐0250. Comments concerning the time
required to complete this information collection, including the time to review instructions, search existing data resources, gathering and
maintaining the data needed, and completing and reviewing the collection of information, should be directed to the Department of the
Treasury, Office of Gulf Coast Restoration, 1500 Pennsylvania Ave., NW, Washington, DC 20220.
If the answer to any of these questions is “yes,” contact the relevant federal agency or agencies for
further guidance on environmental compliance. Further guidance concerning NEPA can be found at
NEPA | National Environmental Policy Act ‐ Home https://ceq.doe.gov/
4)
Has any environmental review (e.g., NEPA documentation or state or tribal equivalent) been
prepared for this proposed eligible activity?
Yes
No
If yes, please attach a copy of the documentation to this checklist.
1.2. COASTAL ZONE MANAGEMENT ACT (CZMA)
A federal consistency determination or certification pursuant to Section 307 of the Coastal Zone
Management Act may be required from the state coastal zone management program, based on the
answers to the following questions:
1)
Will the proposed activity occur in or near the state designated coastal zone?
https://coast.noaa.gov/czm/media/StateCZBoundaries.pdf
Yes
2)
No
Is the activity likely to have reasonably foreseeable effects on any land or water use or natural
resource of the designated coastal zone?
Yes
No
If the answer to either of these questions is “yes,” contact the State Coastal Zone Management Program,
https://coast.noaa.gov/czm/about/?redirect=301ocm for further guidance on federal consistency
requirements in your state. Further guidance on federal consistency can be found at
https://coast.noaa.gov/czm/consistency/
1.3 ENDANGERED SPECIES ACT (ESA)
A consultation pursuant to Section 7 of the Endangered Species Act and/or a permit and conservation
plan pursuant to Section 10 may be required based on the answers to the following questions:
1)
Will the proposed activity occur in proximity to threatened or endangered species or critical
habitat as defined by the ESA and under the jurisdiction of the National Marine Fisheries
Service (NMFS), ),
Species and Critical Habitat Found in the Southeast Region :: Southeast Regional Office or the
U.S. Fish and Wildlife Service (USFWS), IPaC: Home
Yes
No
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2)
Will the proposed activity potentially affect threatened or endangered species or critical
habitat as defined by the ESA and under the jurisdiction of NMFS or USFWS? See
http://sero.nmfs.noaa.gov/protected_resources/section_7/effects_guidance/endangered_spe
cies_act_section_7_effects_determination_web_guidance_final.pdf for further information.
Yes
No
If the answer to either of these questions is “yes,” or you are unsure, contact the appropriate ecological
services field office of the USFWS, https://www.fws.gov/offices/ and/or the Office of Protected
Resources Program of the NMFS, http://www.nmfs.noaa.gov/pr/index.htm , to determine if
consultation is required. Most consultations are conducted informally with the federal agency or a
designated non‐federal representative. Non‐federal representatives may be involved in the informal
consultation process and may request and receive species lists, prepare the biological assessment, and
provide information for the formal consultation. However, the action agency is required to formally
designate the non‐federal representative in writing. Moreover, the ultimate responsibility for Section 7
obligations remains with the federal action agency. Further guidance concerning Section 7 consultations
can be found in the Endangered Species Act Consultation Handbook at
Centralized Library,Final Section 7 Consultation Handbook:U.S. Fish and Wildlife Service
https://www.fws.gov/policy/m0002.html Further guidance concerning Section 10 permits and
conservation plans for activities involving threatened or endangered marine and anadromous species
can be found at http://www.nmfs.noaa.gov/pr/permits/ESA_permits.html . For terrestrial or
freshwater species or land‐based sea turtle activities, further guidance concerning section 10 permits
and habitat conservation plans can be found at https://www.fws.gov/endangered/esa‐
library/index.html
1.4 MIGRATORY BIRD TREATY ACT AND BALD AND GOLDEN EAGLE PROTECTION ACT
The Migratory Bird Treaty Act makes it illegal for anyone to take, possess, import, export, transport, sell,
purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, nests, or eggs of
such a bird except under the terms of a valid permit issued pursuant to Federal regulations. The
migratory bird species protected by the Act are listed in 50 C.F.R. 10.13. The Bald and Golden Eagle
Protection Act prohibits anyone, without a permit issued by the Secretary of the Interior, from "taking"
bald eagles [or any golden eagle], including their parts, nests, or eggs. The Act defines "take" as "pursue,
shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." A permit may be required
based on the answers to the following questions:
1)
Will the proposed activity affect any migratory bird species protected by the Migratory BirdTreaty
Act?
Yes
No
2)
Will the proposed activity affect any bald or golden eagles protected by the Bald andGolden
Eagle Protection Act?
Yes
No
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If the answer to either question is “yes” or you are unsure, contact the appropriate ecological services
field office of the USFWS,
https://www.fws.gov/birds/policies‐and‐regulations/permits/regional‐permit‐contacts.php. More
information can be found at
https://www.fws.gov/birds/policies‐and‐regulations/laws‐legislations/migratory‐bird‐treaty‐act.php
and https://www.fws.gov/birds/policies‐and‐regulations/laws‐legislations/bald‐and‐golden‐eagle‐
protection‐act.php
1.5 MAGNUSON – STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT (FCMA) Consultation
with the NMFS may be required if Essential Fish Habitat (EFH) is present and based on the answers to
the following questions:
1)
Will the proposed activity occur in proximity to Essential Fish Habitat as identified by the
Protected Resources Program? , http://www.fisherycouncils.org/ and
http://www.nmfs.noaa.gov/sfa/management/councils/
Yes
No
2)
Will the proposed activity potentially adversely affect EFH?
Yes
No
If the answer to either of these questions is “yes” or you are unsure, contact the Office of Protected
Resources Program of the NMFS, http://www.nmfs.noaa.gov/pr/index.htm , or Regional Fishery
Management Council, http://www.fisherycouncils.org/ , to determine if consultation is required.
Further guidance concerning EFH can be found at, http://www.habitat.noaa.gov/index.html.
Information about consultations can be found in the Essential Fish Habitat Consultation Guidance at
http://www.habitat.noaa.gov/pdf/efhconsultationguidancev1_1.pdf.
1.6 MARINE MAMMAL PROTECTION ACT (MMPA)
A permit may be required if an activity will result in the “take” of a marine mammal. Taking is defined
as “to harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal.”
Permits for most marine mammals are issued by NMFS. Manatees, polar bears, sea otters, walruses,
and dugongs, however, are under the jurisdiction of the USFWS.
1)
Will the proposed activity occur in proximity to any known marine mammals?
http://www.nmfs.noaa.gov/pr/species/mammals/ or https://ecos.fws.gov/ipac/
Yes
No
2)
Will the proposed activity likely result in the take of a marine mammal?
Yes
No
If the answer to either of these questions is “yes” or you are unsure, contact the NMFS Office of
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Protected Resources Program http://www.nmfs.noaa.gov/pr/ or the appropriate USFWS ecological
services office https://www.fws.gov/offices/ to determine if a permit is required. Further guidance
concerning marine mammal permits can be found at
http://www.nmfs.noaa.gov/pr/permits/mmpa_permits.html
1.7 MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT (MPRSA)
Titles I and II of the Marine Protection, Research, and Sanctuaries Act (MPRSA), also referred to as the
Ocean Dumping Act, generally prohibits (1) transportation of material from the United States for the
purpose of ocean dumping; (2) transportation of material from anywhere for the purpose of ocean
dumping by U.S. agencies or U.S.‐flagged vessels; (3) dumping of material transported from outside the
United States into the U.S. territorial sea. A permit may be required based on the answer to the
following question:
1)
Does the proposed activity involve an activity covered by the MPRSA?
Yes
No
If the answer to this question is “yes,” contact the Environmental Protection Agency’s (EPA) Office of
Wetlands, Oceans, and Watersheds/Oceans and Coastal Protection Division for further guidance
https://www.epa.gov/aboutepa/about‐office‐water or https://www.epa.gov/aboutepa/about‐office‐
water#wetlands. Further guidance about permits under the MPRSA can be found at
https://www.epa.gov/laws‐regulations/summary‐marine‐protection‐research‐and‐sanctuaries‐act
1.8 NATIONAL MARINE SANCTUARIES ACT
Each National Marine Sanctuary has its own unique set of regulations. There are some regulatory
prohibitions that are typical for many sanctuaries: 1) discharging material or other matter into the
sanctuary; 2) disturbance of, construction on or alteration of the seabed; 3) disturbance of cultural
resources; and 4) exploring for, developing or producing oil, gas or minerals (with a grandfather clause
for preexisting operations). A permit may be required from the National Oceanic and Atmospheric
Administration (NOAA) based on the answer to the following question:
1)
Is the proposed activity located in a National Marine Sanctuary?
http://sanctuaries.noaa.gov/about/regions.html
Yes
No
If the answer to this question is “yes” contact the nearest Regional Office of NOAA’s National Marine
Sanctuaries Program for further guidance http://sanctuaries.noaa.gov/about/southeast.html
1.9 CLEAN WATER ACT (CWA)
A separate type of permit is required to dispose of dredge or fill material in the Nation’s waters, including
wetlands. Authorized by Section 404 of the Act, this permit program is administered by the U.S. Army
Corps of Engineers (USACE), subject to and using environmental guidance from the EPA. Some types of
activities are exempt from permit requirements, including certain farming, ranching, and forestry
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practices that do not alter the use or character of the land; some construction and maintenance; and
activities already regulated by States under other provisions of the Act. A permit may be required from
the USACE based on the answer to the following question:
1)
Will the proposed activity result in any disposal of dredge or fill material to the nation’s waters
or wetlands?
Yes
No
If the answer to this question is “yes,” contact the Regulatory Program of the nearest District Office
of the USACE for further guidance on Section 404 permits at
http://w3.saj.usace.army.mil/permits/HQAvatar/
A Water Quality Certification (Section 401) is required for activities that may result in a discharge into
navigable waters, including wetlands, watercourses, and natural or man‐made ponds. A National
Pollution Discharge Elimination System (NPDES) permit may also be required for such discharges.
1)
Will the proposed activity result in any discharge to navigable waters?
Yes
No
If the answer to this question is “yes,” contact your state water quality agency for additional guidance.
Further guidance concerning Section 401 or NPDES requirements can be found at
http://www.epa.gov/owow/wetlands/waterquality and https://www.epa.gov/npdes
1.10 CLEAN AIR ACT (CAA)
Special conditions may be required on projects that could affect air quality, based on the answer to the
following question:
1)
Will the proposed activity result in any direct or indirect emissions within a non‐attainment area?
http://www3.epa.gov/airquality/greenbook/define.html
Yes
No
If the answer to this question is “yes,” contact the nearest state air quality agency at
http://www.4cleanair.org/ for further guidance on determining conformity with the state
implementation plan.
1.11 NATIONAL HISTORIC PRESERVATION ACT (NHPA) AND THE ARCHAEOLOGICAL AND
HISTORIC PRESERVATION ACT (AHPA)
Special conditions may be required on projects that could affect historic resources, based on the
answer to the following question:
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1)
Will the proposed activity occur near property listed or eligible for listing in the National Register
of Historic Places http://www.nps.gov/nr or near property otherwise protected by section 106 of
the National Historic Preservation Act http://www.achp.gov/work106.html or a similar State
Preservation Act?
Yes
No
If the answer to this question is “yes,” or you are unsure, contact your state historic preservation office
http://ncshpo.org/ for further guidance concerning compliance requirements.
1.12 COASTAL BARRIER RESOURCE ACT (CBRA)
Federal funding may be prohibited for projects that occur on certain designated coastal barriers, based
on the answer to the following question:
1)
Is the proposed activity located on an undeveloped coastal barrier designated by the Coastal
Barriers Resources Act?
https://www.fws.gov/ecological‐services/habitat‐conservation/coastal.html
Yes
No
If the answer to this question is “yes,” contact the appropriate USFWS ecological services office for
further guidance at
https://www.fws.gov/ecological‐services/habitat‐conservation/cbra/PDF/field_offices_contact.pdf
1.13 RIVERS AND HARBORS ACT
A permit may be required from the USACE based on the answer to the following question:
1)
Will the proposed activity involve any work (including structures) that will occur in, over or under
navigable waters of the United States?
Yes
No
If the answer to this question is “yes,” contact the Regulatory Program of the nearest District Office of
the USACE at http://w3.saj.usace.army.mil/permits/HQAvatar/index.htm for further guidance on
Section 10 permits. The USACE can authorize activities by a standard individual permit, letter‐of‐
permission, nationwide permit, or regional permit. The USACE will make the determination on what
type of permit is needed.
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1.14 RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
A RCRA permit may be required from the EPA or designated state agency based on the answer to the
following question:
1)
Will the proposed activity include the long‐term storage, treatment, or disposal of hazardous
materials or petroleum products?
Yes
No
If the answer to this question is “yes,” contact the nearest RCRA Regional Office of the EPA or state
authorized agency for further guidance on RCRA compliance at
https://www.epa.gov/compliance/resource‐conservation‐and‐recovery‐act‐rcra‐compliance‐monitoring
1.15 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA)
Special provisions and requirements may apply based on the answer to the following question,
1)
Will the proposed activity involve a Superfund site? https://www.epa.gov/superfund
Yes
No
If the answer to this question is “yes,” contact the nearest Regional Office of the EPA for further
guidance on CERCLA requirements at https://www.epa.gov/aboutepa/visiting‐regional‐office
1.16 WILD AND SCENIC RIVERS ACT
The Wild and Scenic Rivers Act prohibits federal support for actions such as the construction of dams
or other instream activities that would harm the free‐flowing condition, water quality, or outstanding
resource values of a designated Wild and Scenic River. There are designated rivers in the Gulf Coast
States and the Act may apply based on the answer to the following question:
1)
Is the proposed activity located on a designated Wild and Scenic River?
https://www.rivers.gov/index.php
Yes
No
If the answer to this question is “yes,” contact the appropriate USFWS ecological services office for
further guidance at https://www.fws.gov/where/
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1.17 SAFE DRINKING WATER ACT
A permit may be required if the proposed activity will involve underground injection which may
impact drinking water sources and based on the answer to the following question:
1)
Will the proposed activity involve underground injection, which may impact drinking water
sources?
Yes
No
If the answer to the question is “yes,” contact the nearest state drinking water or underground injection
control program at https://www.epa.gov/uic . For further guidance, see
https://www.epa.gov/uic/underground‐injection‐control‐regulations‐and‐safe‐drinking‐water‐act‐
provisions
1.18 FARMLAND PROTECTION POLICY ACT (FPPA)
Projects are subject to FPPA requirements if they may irreversibly convert farmland (directly or indirectly)
to nonagricultural use and are completed by a Federal agency or with assistance from a Federal agency.
The project may be subject to the FPPA based on the answer to the following question:
1)
Will the proposed activity irreversibly convert farmland (directly or indirectly) to
nonagricultural use?
Yes
No
If the answer to the question is “yes,” contact your local office of the Natural Resources Conservation
Service (NRCS) or USDA Service Center for further guidance at
http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/contact/local/ and
http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/landuse/fppa/
EXECUTIVE ORDERS
Executive Orders are directives from the President of the United States to federal agencies and officials.
2.1 E.O. 11988 AND E.O. 13690 – FLOODPLAIN MANAGEMENT
Executive Order 11988, as amended by Executive Order 13690 requires that an eight‐step process be
followed for projects that may have potential impacts to or within floodplains.
1)
Is the proposed activity located in a designated floodway or “V‐zone” on a National Flood
Insurance Program map? http://msc.fema.gov/portal
Yes
No
If the answer to this question is “yes,” contact the nearest Regional Office of the Federal Emergency
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Management Agency for further guidance at
http://www.fema.gov/national‐flood‐insurance‐program‐bureau‐statistical‐agent‐regional‐
support‐offices
2.2 E.O. 11990 and E.O. 12608– WETLAND PROTECTION
This Executive Order requires agencies to avoid providing assistance for new construction located in
wetlands unless there is no practicable alternative to such construction, and that the proposed action includes
all practicable measures to minimize harm to wetlands, which may result from such use. The Executive
Order defines wetlands: “(c) The term "wetlands" means those areas that are inundated by surface or
ground water with a frequency sufficient to support and under normal circumstances does or would
support a prevalence of vegetative or aquatic life that requires saturated or seasonally saturated soil
conditions for growth and reproduction. Wetlands generally include swamps, marshes, bogs, and
similar areas such as sloughs, potholes, wet meadows, river overflows, mud flats, and natural ponds.”
https://www.fws.gov/wetlands/Data/Mapper.html
For further guidance, contact the appropriate ecological services field office of the USFWS
https://www.fws.gov/wetlands/NWI/RWC.html
1)
Is any portion of the project proposing a new construction activity in wetlands?
Yes
No
If the answer to this question is “yes,” provide documentation in the grant application demonstrating
that (1) there is no practicable alternative and (2) the proposed activity includes all practicable
measures to minimize harm to wetlands.
2.3 E.O. 12898 – ENVIRONMENTAL JUSTICE
This Executive Order requires that "each federal agency shall make achieving environmental justice
part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse
human health or environmental effects of its programs, policies, and activities on minority populations
and low‐income populations."
1)
Will the proposed activity have disproportionately high and adverse human health or
environmental effects on minority or low‐income populations?
Yes
No
If the answer to this question is “yes,” see the Council on Environmental Quality website for further
guidance on Environmental Justice at https://ceq.doe.gov/nepa_information/justice.html
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2.4 E.O. 13089 – CORAL REEF PROTECTION
This Executive Order requires that any actions that are authorized or funded by federal agencies
not degrade the condition of coral reef ecosystems. Some of the Gulf Coast States contain coral
reef ecosystems and include National Marine Sanctuaries http://sanctuaries.noaa.gov/
1)
Will the proposed activity involve a coral reef ecosystem or National Marine Sanctuary?
Yes
No
If the answer to this question is “yes,” contact the National Oceanic and Atmospheric Administration
Coral Reef Conservation Program for further guidance at http://coralreef.noaa.gov/ Further guidance
regarding Executive Order 13089 can be found at https://ceq.doe.gov/nepa/regs/eos/eo13089.html
2.5 E.O. 13112 – INVASIVE SPECIES
This Executive Order requires agencies to prevent the introduction of invasive species and provide for
their control.
1)
Will the proposed activity have the potential to introduce or cause the spread of an invasive
species?
Yes
No
If the answer to this question is “yes,” provide documentation demonstrating that the benefits of the
activity clearly outweigh the potential harm caused by invasive species, and that all feasible and
prudent measures to minimize risk of harm will be taken in conjunction with the actions. For further
guidance on invasive species, see http://www.invasivespeciesinfo.gov/index.shtml or
https://www.fws.gov/invasives/
2.6 E.O. 13186 – RESPONSIBILITIES OF FEDERAL AGENCIES TO PROTECT MIGRATORY BIRDS
This Executive Order requires the incorporation and promotion of migratory bird conservation
considerations into all agency activities. The Gulf Coast States contain North American migration
flyways.
1)
Is the proposed activity likely to occur during a time of the year when migrating birds are in the
vicinity?
Yes
No
If the answer to this question is “yes,” contact the appropriate USFWS ecological services office for
further guidance at https://www.fws.gov/where/ . Further guidance regarding Executive Order
13186 can be found at https://www.fws.gov/birds/index.php and
https://www.fws.gov/birds/policies‐and‐regulations/executive‐orders.php
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2.7 E.O. 13653 – PREPARING THE UNITED STATES FOR THE IMPACTS OF CLIMATE CHANGE
This Executive Order requires federal agencies to identify and support smarter, more climate‐ resilient
investments by States, local communities, and tribes, including by providing incentives through agency
guidance and grants.
1)
Will the proposed activity incorporate elements that promote climate‐resilience (e.g., to rising
sea levels)?
Yes
No
If yes, include a brief description of the climate‐resilient elements in the grant application proposed
activity description. Executive Order 13563 can be found at
https://www.gpo.gov/fdsys/pkg/FR‐2015‐03‐25/pdf/2015‐07016.pdf
For further guidance, see https://www.whitehouse.gov/administration/eop/ceq/sustainability
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Tracking Report Status
Report the status of your contact with required agencies/tribes on the table below which coincides with
the environmental laws outlined in the checklist. Provide the date of contact, name of agency/tribe
contacted, location, and any necessary permit, certification, or other determination or mitigation
proposed by the agency/tribe. If none, state so.
Status of Contact Table
Federal law as listed Date of
Name of
Location
Permit, certification,
determination ormitigation
agency/tribe
in checklist
contact
required
contacted
Certification
Signature of Authorized Senior Official:
Name:
Date:
Title:
Organization:
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File Type | application/pdf |
File Title | Microsoft Word - 07 Treasury RESTORE Act Environmental Checklist_7_21_16 |
Author | MehtaDev |
File Modified | 2016-07-21 |
File Created | 2016-07-21 |