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<br />Bulletin 160-98 Public Review Draft <br /> <br />003Jn <br /> <br />Appendix 2A. Institutional Framework for AI/ocating <br />and Managing Water Resources in California <br /> <br />the DFG. When the project may substantially impact an existing fish or wildlife resource, DFG <br /> <br /> <br />may require that the agreement include provisions designed to protect riparian habitat, fisheries, <br /> <br />and wildlife, New water development projects and ongoing maintenance activities are often <br /> <br /> <br />subject to these sections. <br /> <br /> <br />Migratory Bird Treaty Act <br /> <br /> <br />This act implements various treaties for the protection of migratory birds and prohibits <br /> <br /> <br />the "taking" (broadly defined) of birds protected by those treaties without a permit. The Secretary <br /> <br /> <br />ofthe Interior determines conditions under which a taking may occur, and criminal penalties are <br /> <br /> <br />provided for unlawfully taking or transporting protected birds. Liability imposed by this act was <br /> <br />one of several factors leading to the decision to close the San Luis Drain and Kesterson <br /> <br />Reservoir. <br /> <br />Environmental Review and Mitigation <br /> <br /> <br />Another set of environmental statutes compels governmental agencies and private <br /> <br />individuals to document and consider the environmental consequences of their actions. They <br /> <br />define the procedures through which governmental agencies consider environmental factors in <br /> <br />their decision-making process. <br /> <br />National Environmental Policy Act <br /> <br />NEP A directs federal agencies to prepare an environmental impact statement for all <br /> <br /> <br />maj or federal actions which may have a significant effect on the human environment. It states <br /> <br />that it is the goal of the federal government to use all practicable means, consistent with other <br /> <br /> <br />considerations of national policy, to protect and enhance the quality of the environment. It is a <br /> <br />procedural law requiring all federal agencies to consider the environmental impacts of their <br /> <br /> <br />proposed actions during the planning and decision-making processes. <br /> <br />California Environmental Quality Act <br /> <br />CEQA, modeled after NEP A, requires California public agency decision-makers to <br /> <br /> <br />document and consider the environmental impacts of their actions. It requires an agency to <br /> <br /> <br />identify ways to avoid or reduce environmental damage, and to implement those measures where <br /> <br />feasible. CEQA applies to all levels of California government, including the State, counties, <br /> <br /> <br />cities, and local districts. <br /> <br />CEQA requires that a public agency carrying out a project with significant environmental <br /> <br />2A-IO <br />