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Last modified
7/14/2009 5:02:37 PM
Creation date
5/18/2009 12:07:18 AM
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UCREFRP
UCREFRP Catalog Number
9629
Author
U.S. Fish and Wildlife Service.
Title
Selected NEPA Documents.
USFW Year
1993.
USFW - Doc Type
\
Copyright Material
NO
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.92 <br />In rag~ncsy Activities <br />ChaQter 4 Other R late F <br />4.1 General Requirements. <br />A. Interrelated Reviews. <br />(1) The Council on Environmental Quality's (CEQ) National Environmental <br />Policy Act (NEPA) regulations (40~"CFR 1502.25) require to the fullest <br />extent possible, that Federal agencies prepare draft environmental impact <br />statements concurrently with and integrated with environmental impact <br />analyses and related surveys and studies required by the Fish and Wildlife <br />Coordination Act (FWCA), National Historic Preservation Act, Endangered <br />Species Act (ESA), other environmental review laws, and executive orders <br />(EO). Most Federal projects or activities require compliance with these <br />laws and EOs. Similarly, a non-Federal project may require Federal <br />permits, such as section 404 permits for private development in waters of <br />the United States, a Bureau of Land Management (BLM) or Refuge permit or <br />easement for a transmission line crossing, or an Environmental Protection <br />Agency (EPA) point discharge permit under the National Pollution Discharge <br />Elimination System. In any such case, where a private applicant or the <br />State prepares the environmental document, the Federal agency approving the <br />permit or issuing a grant remains responsible for complying with NEPA and <br />other Federal laws, regulations, and EOs. Other project reviews should be <br />reviewed and processed in the same manner, unless otherwise directed, as <br />environmental reviews. <br />(2). The Fish and Wildlife Service (Service) has the opportunity and duty <br />to review these documents and others prepared under various environmental <br />protection laws (e.g., 40 CFR 1503.2, section 4(f) of the Department of <br />Transportation Act of 1966). However, even .though the Service has <br />additional review opportunities, the Service uses early involvement and <br />coordination to ensure that all interrelated reviews are incorporated <br />within the environmental document. All Service review and approval <br />functions should be coordinated. If the Service fails to point out ESA <br />requirements or neglects to continent on other project involvements, such as <br />section 10/404 permits, the project sponsors and lead Federal agency may <br />have a false impression of our concerns. <br />B. Segmentation. <br />(1) The issue of segmentation can involve many different types of proposed <br />Federal projects or permits. However, it has frequently been raised with <br />regard to highway projects. An important precedent-setting case on highway <br />segmentation is River v. Richmond Metropolitan Authority (1973). The court <br />ruled that the requirements of Federal law may not be avoided by <br />segmentation of a project. The court established three criteria to "prove" <br />segmentation that subsequently have been incorporated into Federal Highway <br />Administration (FHWA) and Corps of Engineers (Corps) NEPA regulations <br />relative to "scope of analysis." <br />(2) To "prove" segmentation, the following conditions must be shown: <br />
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