3.0 Affected Environment - Knik Arm Bridge and Toll Authority

Knik Arm Crossing DraftFinal EIS
Affected Environment
Table 3-33. Applicable federal, state, and local legislation (continued)
Relevant legislation Agency Description
Federal
Magnuson-Stevens Fishery
Conservation and
Management
Act/Sustainable Fisheries
Act,
16 U.S.C. § 1801 et seq.
Migratory Bird Treaty Act,
16 U.S.C. §§ 703-12
Fish and Wildlife
Coordination Act,
16 U.S.C. § 662
Clean Air Act,
40 C.F.R. § 60
Uniform Relocation and
Real Property Acquisition
Act, 42 § 4601 et seq.
43 C.F.R. §§ 2800
and 2880
State
Clean Water Act,
Section 401,
33 U.S.C. § 1344;
18 Alaska Administrative
Code (AAC) 15
National Historic
Preservation Act,
Section 106,
16 U.S.C. § 470 et seq. and
Alaska Historic
Preservation Act, Alaska
Statutes
(AS) § 41.35.010-240
NOAA Fisheries
USFWS
NOAA Fisheries,
USFWS, FHWA
USEPA
FHWA
BLM
Alaska
Department of
Environmental
Conservation
(ADEC)
Alaska
Department of
Natural
Resources
(ADNR) Office of
History and
Archaeology;
State Historic
Preservation
Officer (SHPO)
Establishes national standards for
fisheries conservation and
management. Federal agencies must
consult with NOAA Fisheries and
assess the effects of their actions on
essential fish habitat (EFH).
Necessary conservation measures
may be identified by NOAA.
Prohibits taking of migratory birds
unless specifically exempted or
authorized. Taking can include loss
of habitat
Requires federal agencies to consult
with wildlife agencies on project
effects to fish and wildlife
USEPA regulates airborne pollutants
from project construction activities
and project operation.
Requires agencies that must use
private property to acquire it at fair
market value and assist in any
necessary relocation of residences or
businesses.
BLM may own portions of the bluff
where the POA borders Elmendorf.
These locations may require BLM
ROWs.
State authority to grant, deny, or
condition certification of CWA
Section 404 permits; Rivers and
Harbors Act Sections 9
and 10 permits; a state-issued
401 Certificate of Reasonable
Assurance must accompany the
Sections 10 and 404 permit.
Section 106 requires review of
federal projects by SHPO and the
Advisory Council on Historic
Preservation. The Alaska Historic
Preservation Act contains a similar
provision mandating that any project
with State involvement be reviewed
in a related manner.
EIS sections and
appendixes
Sections 3.8.8.2,
4.8.8.2, and
4.9.4.8.8
Sections 3.8.8.3
and 4.8.8.3
Sections 3.8.8.2,
4.8.8.2, and
4.9.4.8.8
Sections 3.5.1
and 4.5.1
Section 3.2.7
Section 3.1.1
Sections 3.8.1
and 4.8.1
Sections 3.6.1, 4.6.1
and 4.9.4.6.1
(continued on next page)
3-224 12/18/07