Watershed Protection Plan - Lower Rio Grande Valley Development ...

APPENDICES
Endangered Species Act
The Endangered Species Act provides for the conservation of ecosystems upon which threatened and
endangered species of fi sh, wildlife and plants depend. The U.S. Fish and Wildlife Service is charged with
administering the Act for non-marine species. The National Marine Fisheries Service administers the act for
marine species. The Act authorizes the determination and listing of species as endangered and threatened;
prohibits unauthorized taking, possession, sale and transport of endangered species; provides authority to
acquire land for the conservation of listed species; and authorizes establishment of cooperative agreements
and grants-in-aid to states that establish and maintain active and adequate programs for endangered and
threatened wildlife and plants. Section 7 of the Endangered Species Act requires federal agencies to insure
that any action authorized, funded or carried out by them is not likely to jeopardize the continued existence
of listed species or modify their critical habitat.
Fish and Wildlife Coordination Act
The amendments of the Fish and Wildlife Coordination Act, enacted in 1946, require consultation with the
U.S. Fish and Wildlife Service and the fi sh and wildlife agencies of States where the “waters of any stream
or other body of water are proposed or authorized, permitted or licensed to be impounded, diverted . . . or
otherwise controlled or modifi ed” by any agency under a Federal permit or license. Consultation is to be
undertaken for the purpose of “preventing loss of and damage to wildlife resources.”
Magnuson-Stevens Act
The Magnuson-Stevens Act gives NOAA Fisheries the authority to regulate nearshore waters and substrate
necessary for fi sh spawning, feeding and growth, or Essential Fish Habitat (EFH). Although regulatory
authority is limited, EFH must be considered in activities within nearshore waters, especially with respect to
federal projects.
National Environmental Policy Act (NEPA)
The National Environmental Policy Act ensures that all branches of government give proper consideration
to the environment prior to undertaking any major federal action that signifi cantly affects the environment.
NEPA requirements are invoked when airports, seaports, highways, parkland purchases and other federal
activities are proposed. Environmental Assessments and Environmental Impact Statements, which are
assessments of potential impacts from alternative courses of action, are required from signifi cant federally
funded projects.
Rivers and Harbors Act
Section 10 of the Rivers and Harbors Act regulates placement of any wharfs, piers, jetties and other
structures, as well as excavating or fi lling within navigable waters, under supervision of the Army Corp of
Engineers.
National Flood Insurance Act
The National Flood Insurance Program (NFIP) is a federal program, established by the National Flood
Insurance Act of 1968, enabling property owners in participating communities to purchase insurance
protection against losses from fl ooding. This insurance is designed to provide an insurance alternative to
disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused
by fl oods.
Arroyo Colorado Watershed Protection Plan 182 January 2007