Application and Reports for the Direct Component and the Centers of Excellence Research Grants Program of the Gulf RESTORE Program

Treasury RESTORE Act Environmental Checklist
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 submitted
with the grant application. Treasury will use the submittals to record the Applicant’s assertion
that it has complied with applicable environmental laws.

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.
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

If the answer to any of these questions is “yes,” contact the relevant federal agency or
agencies for further guidance on environmental compliance. Additional information concerning
NEPA can be found at: http://ceq.hss.doe.gov/nepa/nepanet.htm.
1.2. COASTAL ZONE MANAGEMENT ACT (CZMA)
[Direct Component or Centers of Excellence] grant applications may be subject to the
review provisions of Section 307 of the Coastal Zone Management Act (CZMA) and
implementing regulations at 15 C.F.R. Part 930. Questions as to the applicability of the CZMA
consistency provisions should be directed to the Office of Ocean and Coastal Resource
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, RESTORE Act
Program, 1500 Pennsylvania Ave., NW, Washington, DC 20220.

Management/Coastal Services Center within the National Oceanic and Atmospheric
Administration. A federal consistency determination or certification may be required from the
state coastal zone management program, based on the following questions:
1) Will the proposed activity occur in or near the state designated coastal zone
(http://coastalmanagement.noaa.gov/mystate/docs/StateCZBoundaries.pdf)?
Yes

No

2) 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 ((http://coastalmanagement.noaa.gov/programs/czm.html) for further
guidance on federal consistency requirements in your state. Additional information on federal
consistency can be found at: http://coastalmanagement.noaa.gov/consistency/welcome.html
1.3 ENDANGERED SPECIES ACT (ESA)
Section 7 consultations may be required if a threatened or endangered species or critical
habitat is present.
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) (http://www.nmfs.noaa.gov/pr/laws/esa/) or the U.S. Fish and Wildlife Service
(USFWS) (http://endangered.fws.gov/)?
Yes

No

2)
Will the proposed activity potentially affect threatened or endangered species or
critical habitat as defined by the ESA and under the jurisdiction of National Marine Fisheries
Service (NMFS)or U.S. Fish and Wildlife Service (USFWS)?
Yes

No

If the answer to either of these questions is “yes,” contact the regional office of USFWS
(http://www.fws.gov/offices/) and/or NMFS (http://www.nmfs.noaa.gov/) 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
USFWS requires the action agency to designate formally the non-federal representative in
writing. Moreover, the ultimate responsibility for Section 7 obligations remains with the action
agency. Additional information concerning Section 7 consultations can be found in the Endangered

Species Act Consultation Handbook at: http://www.fws.gov/policy/m0002.html

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1.4 MAGNUSON – STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT (FCMA)
Consultation with the NMFS may be required if Essential Fish Habitat (EFH) is present. The
trigger for EFH consultation is a federal agency’s determination that an action or proposed
action, funded, authorized, or undertaken by that agency may adversely affect EFH.
1)
Will the proposed activity occur in proximity to EFH as identified by the nearest
Regional Fishery Management Council (http://www.fisherycouncils.org/ and
http://www.nmfs.noaa.gov/sfa/management/councils/)
Yes
2)
Yes

No
Will the proposed activity potentially adversely affect EFH?
No

If the answer to either of these questions is “yes,” contact the nearest regional office of the
NMFS (http://www.nmfs.noaa.gov/) or Regional Fishery Management Council
(http://www.fisherycouncils.org/) to determine if consultation is required. Additional
information 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.
1.5 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)?
Yes
2)
Yes

No
Will the proposed activity likely result in the take of a marine mammal?
No

If the answer to either of these questions is “yes,” contact the nearest regional office of
NMFS (http://www.nmfs.noaa.gov/) to determine if a permit is required. Additional
information concerning marine mammal permits can be found at:
http://www.nmfs.noaa.gov/pr/permits/mmpa_permits.htm and
http://www.nmfs.noaa.gov/pr/permits/guide.htm.
1.6 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
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administered by the U.S. Army Corps of Engineers (USACE), subject to and using environmental
guidance from the Environmental Protection Agency (EPA). Some types of activities are exempt
from permit requirements, including certain farming, ranching, and forestry 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 for the disposal of dredge or fill material in the
nation’s waters, including wetlands.
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 (http://www.usace.army.mil/Locations.aspx)for further guidance
on Section 404 permits.
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. Additional information concerning Section 401 or NPDES requirements can be found
at: http://www.epa.gov/owow/wetlands/waterquality and (http://cfpub.epa.gov/npdes/).
1.7 CLEAN AIR ACT (CAA)
Special conditions may be required on projects that could affect air quality.
1)
Will the proposed activity result in any direct or indirect emissions within a nonattainment area (http://www.epa.gov/oar/oaqps/greenbk/index.html)?
Yes

No

If the answer to this question is “yes,” contact the nearest state air quality agency
(http://www.4cleanair.org) for further guidance on determining conformity with the state
implementation plan.
1.8 NATIONAL HISTORIC PRESERVATION ACT (NHPA)
Special conditions may be required on projects that could affect historic resources.

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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.cr.nps.gov/nr), or near property otherwise protected by
section 106 of the National Historic Preservation Act (http://www.nps.gov/history/locallaw/nhpa1966.htm) or a similar State Preservation Act?
Yes

No

If the answer to this question is “yes,” contact the U.S. Advisory Council on Historic
Preservation (http://www.achp.gov), or your state historic preservation office
(http://www.ncshpo.org/) for further guidance concerning compliance requirements.
1.9 COASTAL BARRIER RESOURCE ACT (CBRA)
Federal funding may be prohibited for projects that occur on certain designated coastal
barriers.
1)
Is the proposed activity located on an undeveloped coastal barrier
designated by the Coastal Barriers Resources Act (http://www.fws.gov/cbra/)?
Yes

No

If the answer to this question is “yes,” contact the nearest Regional Office of USFWS
(http://www.fws.gov/where) for further guidance.
1.10 RIVERS AND HARBORS ACT
A permit may be required from the USACE if the proposed activity involves any work in,
over, or under navigable waters of the United States.
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 (http://www.usace.army.mil/Locations.aspx) 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.
1.11 RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
A RCRA permit may be required from the EPA or designated state agency for the long-term
storage, treatment, or disposal of hazardous materials or petroleum products.
1) Will the proposed activity include the long-term storage of hazardous materials
or petroleum products?
Yes
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No

If the answer to this question is “yes,” contact the nearest RCRA Regional Office of the EPA
or state authorized agency (http://www.epa.gov/epawaste/inforesources/online/index.htm)
for further guidance on RCRA compliance.
1.12 COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, AND LIABILITY ACT (CERCLA)
Special provisions and requirements may apply if the proposed activity involves a Superfund
site (http://www.epa.gov/superfund/sites/index.htm).
1) Will the proposed activity involve a known Superfund site?
Yes

No

If the answer to this question is “yes,” contact the nearest Regional Office of the EPA
(http://www2.epa.gov/aboutepa#pane-4) for further guidance on CERCLA requirements.
1.13 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.
1) Is the proposed activity located on a designated Wild and Scenic River
(http://www.rivers.gov/index.php)?
Yes

No

If the answer to this question is “yes,” contact the nearest Regional Office of the USFWS
(http://www.fws.gov/where) for further guidance.
1.14 SAFE DRINKING WATER ACT
A permit may be required if the proposed activity will involve underground injection
which may impact drinking water sources.
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. For more information see:
http://water.epa.gov/lawsregs/guidance/sdwa/.

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EXECUTIVE ORDERS
Executive Orders are directives from the President of the United States to federal agencies
and officials.
2.1 E.O. 11988 – FLOODPLAIN MANAGEMENT
This Executive Order 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/webapp/wcs/stores/servlet/FemaWelcomeView?storeId=10001&cat
alogId=10001&langId=-1)?
Yes

No

If the answer to this question is “yes,” contact the nearest Regional Office of the Federal
Emergency Management Agency (http://www.fema.gov/regional-operations) for further
guidance.
2.2 E.O. 11990 – WETLAND PROTECTION
This Executive Order requires agencies to minimize the destruction, loss, or degradation of
wetlands, and to preserve and enhance the natural beneficial values of wetlands.
1) Is any portion of the proposed 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

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No

If the answer to this question is “yes,” see the Council on Environmental Quality website for
further guidance on Environmental Justice:
http://ceq.hss.doe.gov/nepa_information/justice.html.
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. The 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 (http://www.coralreef.noaa.gov) for further
guidance. Additional information regarding Executive Order 13089 can be found at:
http://ceq.hss.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? For more information on invasive species, see
http://www.invasivespeciesinfo.gov/index.shtml.
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.
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

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No

If the answer to this question is “yes,” contact the nearest Regional Office of the U.S. Fish
and Wildlife Service (http://www.fws.gov/where) for further guidance. Additional information
regarding Executive Order 13186 can be found at: http://www.fws.gov/migratorybirds.
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.
Additional information regarding Executive Order 13563 can be found at:
https://sftool.gov/learn/annotation/427/executive-order-13653-preparing-united-statesimpacts-climate-change.

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