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<br />- .... '. -~ - <br /> <br />The Fish and Wildlife Coordination Act of 1958 re- <br />quires that the Corps of Engineers consult with the <br />Fish and Wildlife Service over actions to mitigate the <br />impacts of the project on the fish and wildlife re- <br />sources. <br /> <br />Public Law 99-662, Water Resources Development <br />Act of 1986, authorized a 50 million dollar mitigation <br />project along the Missouri River between Sioux City <br />and St. Louis. This act, the Fish and Wildlife Coor- <br />dination Act requires that new actions and regulatory <br />actions that effect fish and wildlife also be coordinated <br />with the Fish and Wildlife Service. <br /> <br />We also operate under several executive orders, but <br />the two that are key are Executive Order 11988 that <br />effects flood plains. In this Executive Order the federal <br />agency or the federal official that has the responsi- <br />bility for actions along the river, must assure that <br />those actions do not adversely effect the flood plain. <br />If you have construction in the flood plain which is <br />going to effect the way the flood plain behaves, then <br />the federal official may deny permits or may not rec- <br />ommend action to Congress if that action adversely <br />effects flooding. <br /> <br />Executive Order 11990 pertains to wetland areas. In <br />this case the responsible federal official must consider <br />the impact of an action on wetlands in the area that <br />is heing considered. <br /> <br />Lastly, probably the one activity or one authority <br />that looms over the whole operation is the Commerce <br />Clause in the U.S. Constitution. Under this clause the <br />Corps of Engineers and the federal government deal <br />with the navigation project. We have specilic author- <br />ities for navigation. Navigation is one of those activ- <br />ities that falls under the Commerce Clause and there <br />is a certain thing called navigational servitude. We <br />operate under navigational servitude. <br /> <br />I have listed a lot of Congressional authorities and <br />legislative requirements. Our regulations are hased on <br />those authorities and requirements. It requires coor- <br />dination, consult.ation, consideration, and compro- <br />mise. The views of all effected interests must be <br />considered to operate for the authorized purposes of <br />flood control, navigation, irrigation, water supply, hy- <br />dropower generation, recreatiojl, and fish and wildlife. <br />There is no easy solution when you have to determine <br />what is in the public interest among all these com- <br />peting interests. Thank you very much. <br /> <br />21 <br />