Other Federal Requirements

Natural Environment

The Clean Air Act – The Clean Air Act, 42 U.S.C. 7401 et seq., is a federal law that regulates stationary and mobile sources of air pollution to protect human health and the environment.

The Clean Water Act – The Clean Water Act, 33 U.S.C. 1251 et seq., is a federal law that regulates discharging pollutants into the waters of the United States to protect human health and the environment. Under the Clean Water Act, state environmental agencies and the Environmental Protection Agency employ a variety of regulatory and non-regulatory tools to reduce direct and indirect pollutant discharges into waterways.

The Navigable Waters Protection Rule – The Navigable Waters Protection Rule finalized a revised definition of “waters of the United States” under the Clean Water Act. The Navigable Waters Protection Rule and the “waters of the United States” rulemaking are currently underway.

The Endangered Species Act – The Endangered Species Act (16 U.S.C. 1536, Section 7) provides a program for the conservation of imperiled species and the ecosystems upon which they depend.

Land and Water Conservation Fund Act – The Land and Water Conservation Fund Act is a federal program that provides fund matching to federal, state, and local governments for the acquisition of land and water, and easements on land and water. It is intended to protect national natural treasures in the forms of parks and protected forest and wildlife areas.

Marine Mammal Protection Act – The Marine Mammal Protection Act established a national policy to prevent marine mammal species and population stocks from declining beyond the point where they ceased to be significant functioning elements of the ecosystem.

Migratory Bird Treaty Act – The Migratory Bird Treaty Act of 1918 (MBTA), 16 U.S.C. 703, prohibits the intentional taking of migratory birds. Federal-aid highway projects that are likely to result in intentional take of birds protected under the MBTA require the issuance of take permits.

Mitigation of Impacts to Wetlands and Natural Habitats – Policy and procedures for the evaluation and mitigation of adverse environmental impacts to wetlands and natural habitat resulting from Federal aid projects are in place under Mitigation Impacts and Natural Habitats.

Wild and Scenic Rivers Act – The Wild and Scenic Rivers Act, 16 U.S.C. 1271 et. seq., was created to preserve rivers with outstanding natural, cultural, and recreational values in a free-flowing condition for the enjoyment of present and future generations.

ADDITIONAL LAWS AND REGULATIONS

Subject/Title	Resource URL
Air
Clean Air Act Section 176(c)	Statute
Transportation Conformity Rule at 40 CFR Part 93	Final Rule
Noise
Noise Control Act of 1972	Statute
FHWA Noise Regulations at 23 CFR Part 772	Final Rule
Hazardous Materials
Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.)	Statute
Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 9671—9675)	Statute
Resource Conservation and Recovery Act (42 U.S.C. 6901—6992k)	Statute
The Brownfields Utilization, Investment and Local Development (BUILD) Act	Information
Wildlife
Anadromous Fish Conservation Act	Statute
16 U.S.C. 662, Section 2 of the Fish and Wildlife Coordination Act	Statute
Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended	Statute
Executive Order 13112, Invasive Species	E.O. 13112
16 U.S.C. 668-668d, Bald and Golden Eagle Protection Act	Statute
Executive Order 13186, Responsibilities of Federal Agencies to Protect Migratory Birds	E.O. 13186
Water Resources and Wetlands
Location and Hydraulic Design of Encroachments on Flood Plains	Statute
43 U.S.C., Coastal Barrier Resources Act	Statute
Coastal Zone Management Act	Statute
42 U.S.C. 300(f) et seq., Safe Drinking Water Act	Statute
33 U.S.C. 403, Rivers and Harbors Act of 1899	Statute
16 U.S.C. 3901 and 3921, Emergency Wetlands Resources Act	Statute
Wetlands Mitigation	Statute
FHWA Wetland and Natural Habitat Mitigation Regulations at 23 CFR part 777	Final Rule
42 U.S.C. 4001—4130, Flood Disaster Protection Act	Statute
Executive Order 11990, Protection of Wetlands	E.O. 11990
Executive Order 11988, Floodplain Management	E.O. 11988
Programmatic Mitigation
Programmatic Mitigation Plans	Statute

GUIDANCE

Subject/Title	Resource URL
Air
Updated Interim Guidance on Mobile Source Air Toxic Analysis in NEPA Documents	Guidance
EPA Transportation Conformity Guidance	Webpage
FHWA Transportation Conformity Guidance	Webpage
Hazardous Materials
Interim Guidance – Hazardous Waste Sites Affecting Highway Project Development	Guidance
Supplemental Hazardous Waste Guidance	Guidance
The Endangered Species Act
Management of the Endangered Species Act (ESA) Environmental Analysis and Consultation Process	Memorandum
Endangered Species Act	Memorandum
Wildlife
The Migratory Bird Treaty Act Does Not Prohibit Incidental Take	Memorandum
U.S. FWS Mitigation Policy and Endangered Species Act Compensatory Mitigation Policy	Policy
NMFS 2024 Updated Marine Mammal Acoustic Guidance	Guidance
Water Resources and Wetlands
Additional Guidance on 23 CFR 650A – Participation Options for Limiting Flood Damage	Guidance
Additional Guidance on 23 CFR 650A – Procedures for Coordinating Highway Encroachments of Floodplains with FEMA	Guidance
USACE Regulatory Guidance Letter No. 18-01, Determination of Compensatory Mitigation Credits for the Removal of Obsolete Dams and Other Structures from Rivers and Streams	Guidance
Compensatory Wetland Mitigation	Message
Federal Guidance on the Use of In-Lieu-Fee Arrangements for Compensatory Mitigation Under Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act	Guidance
Federal Guidance on the Use of the TEA-21 Preference for Mitigation Banking to fulfill Mitigation Requirements Under Section 404 of the Clean Water Act	Guidance
Guidance on Developing Water Quality Action Plans	Guidance
Funding for Establishment of Wetland Mitigation Banks	Memorandum
Jurisdictional Coverage of Isolated, Non-Navigable Intrastate Waters	Message
Legal Analysis of New Supreme Court Case on Wetlands, Solid Waste Agency of Northern Cook County v. US Army Corps of Engineers, No. 99-1178	Memorandum
Section 404 Nationwide Permits	Message
Use of Private Wetland Mitigation Banks	Memorandum
Use of Private Wetland Mitigation Banks as Compensatory Mitigation for Highway Project Impacts	Memorandum
Wetlands Mitigation Action Plan and Corps RGL	Message
Wetland Mitigation and Banking Agreements	Memorandum
Army Corps of Engineers Regulatory Guidance Letter on Jurisdictional Determinations	Memorandum
Federal-aid Eligibility for Long-Term Management Activities in Wetland and Natural Habitat Mitigation	Memorandum
Federal-aid Eligibility of Wetland and Natural Habitat Mitigation	Memorandum

ADDITIONAL RESOURCES

Subject/Title	Resource URL
The Clean Air Act
FHWA Air Quality Programs	Webpage
Hazardous Materials and Brownfields
Policy Revision to Support Brownfields Economic Redevelopment Initiative	Information
Department of Transportation Brownfields Strategy	Action Plan
Documentation Requirements for Hazardous Waste	Information
Brownfields Economic Redevelopment Initiative FHWA and FTA Role	Action Plan
Hazardous Wastes in Highway Rights-of-Way	Information