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I I I I I I I I I I I I I I I I I I I ES ENGINEERING-SCIENCE Executive Order 11990 Compliance The change in management or use of the federal lake and lands, with potential effects on wetlands, could be considered to fall within the scope of the EO issued to protect wetlands. EO 11990, issued in 1977, requires each federal agency to take actions to minimize the destruction, loss, or degradation of wetlands, and to preserve and enhance the natural and beneficial values of wetlands in carrying out the agency's responsibilities. Among federal responsibilities specifically addressed by the EO is .....conducting federal activities and programs affecting land use, including, but not limited to water and related land resources planning, regulating, and licensing activities." This provision would apparently apply to the proposed water storage scenarios. Section 2 of the EO requires that each federal agency avoid undertaking or providing assistance for new construction (defined in Section 7 to include impounding, among other activities) located in wetlands unless the agency head finds 1) that there is no practical alternative to such construction, and 2) that the proposed action includes all practicable measures to minimize harm to wetlands. A copy of EO 11990 is provided in Appendix 1. Whether the term "wetlands" is interpreted to apply only to jurisdictional wetlands is unclear because the EO was issued prior to the present 1989 federal system of delineating jurisdictional wetlands. The definitions of wetlands used in the EO and the 1989 federal delineation manual are very similar regarding soil conditions, hydrology, and vegetation characteristics of wetlands. However, the EO wetland definition includes examples of wetland types (e.g., natural ponds and mudflats) that probably would fail to satisfy the vegetation criterion of the present delineation method. These examples suggest a broader definition of wetlands might have been the intent of the EO. The practical implication of this interpretation could be that riparian areas as well as jurisdictional wetlands could be subject to the EO provisions. Conversations with Corps personnel from the Environmental Planning and Regulatory Branches of both the Omaha and Sacramento Districts indicated that wetland impact issues resulting from reservoir operational changes are infrequently addressed under provisions of this EO (Gilbert, 1991; Gorton, 1991; McKee, 1991; Miele, 1991; and Vinzant, 1991). Corps regulatory personnel in these districts have relatively limited experience implementing the EO provisions because wetland issues are typically addressed through provisions of Section 404. However, Corps personnel acknowledged that the EO provisions could apply. Some Corps repres~ntatives indicated that the EO provisions are viewed as guidelines to be considered rather than as regulatory requirements that must be adhered to. Clearly, application of the requirements and provisions of the EO are less sharply defined than Section 404 regulatory procedures. FA Requirements The National Environmental Policy Act (NEP A) requires federal agencies comtemplating a major federal action, such as issuing a Section 404 permit, to examine the potential environmental effects of the action before implementing it. Typically, the first step of the process involves preparing an environmental -12- 816-3-3