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U.S. Environmental Protection Agency, 1993, Code of Federal Regulations Title 40,
Protection of Environment, Parts 300 to 399: Office of the Federal Register,
National Archives and Records Administration, Washington, DC, 504 pp.
Endangered Species Act
The Endangered Species Act (ESA), 16 U.S.C. Section 1531 to 1544, was enacted
in 1973 and has been amended several times, most recently in 1982. The ESA provides a
means of protecting the habitat of endangered and threatened plant and animal species in
the United States. Under this act, all federal agencies are prohibited from allowing
activities that could jeopardize the continued existence of any endangered or threatened
species or critical habitat.
Operations that involve subsurface mining or the extraction of oil, gas, or potash
are seen by this act as the applicant to whom a federal agency issues a permit or license.
As such, these operations are affected by ESA only to the extent that the issuing agency
is required to ensure that an authorized, funded, or executed activity does not jeopardize
the continued existence of a listed species or its habitat.
Permits. special reports. and fees
No fees, permits, or special reports are applicable to ESA as it applies to the
operations described above.
References
Senate Committee on Environment and Public Works, 1983, The Endangered Species Act
As Amended by Public Law 97-304 (The Endangered Species Act Amendments of
1982): U.S. Government Printing Office, Washington, DC, 53 pp.
Executive Order 11990, Protection of Wetlands
Executive Order 11990, "Protection of Wetlands," signed on May 24, 1977,
requires each federal agency to actively minimjze the destruction, loss, or degradation of
wetlands.
Whenever an agency is considering an action that could affect a wetland, that
agency must weigh the proposed action against the following: public health, safety, and
welfare; pollution, flood and storm hazards, and sediment and erosion; maintenance of
natural systems, including conservation and long-term productivity of existing species,
species and habitat diversity and stability, hydrologic utility. fish, wildlife, timber and
food and fiber resources; and other uses of wetlands in the pUblic interest, such as
recreational, scientitic, and cultural uses.
Operations that involve subsurface mining or the extraction of oil, gas, or potash
may be subject to regulation by the affected agency under Executive Order 11990 if any
of the activities might affect (or create) a wetland.
Permits. mecial reports. and fees
No permits, reports, or fees are associated with Executive Order 11990.
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