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u u~-<~-vo ...~-•, r•.., •.~ • ID+ ~ PACE 19/30 <br />SEVENTFI CLAIM FOR RELIEF <br />(ViolaCion of Executive Order 11990 - Against DOE) <br />64. Each and every allegation set forth in the Second <br />Amended Complaint is incorporated herein by reference. <br />65. Executive Order 11940 (May 24, 1977) requires Chat <br />Federal agencies "take action to minimize the destruction, loss <br />or degradation of wetlands, and to preserve and enhance the <br />natural and beneficial values of wetlands" when (17 managing <br />fed•~ral lands, (2) providing Federal assistance for construction <br />and improvement projects, and (31 conducting Federal activities <br />and programs affecting land use, including regulating, and <br />licensing activities. EO 11990, 4 1. <br />66. when managing federal lands, assisting in construction <br />and improvement projects, and conducting federal activities and <br />proc~ams affecting land use, each agency shall consider factors <br />relevant to the survival and quality of the wetlands. EO 11990, ~ <br />S_ Among other factors, the agency must consider the <br />consezvation and long term productivity of existing flora and <br />fauna, species and habitat diversity and stability, hydrological <br />utility, and wildlife. Ld. <br />67. Each agency shall also avoid providing assistance for <br />canst:ruction in areas Containing wetlands. EO 11990, § 2. An <br />agency is exempt from this prohibition provide if "the head of <br />the agency finds (1} that there is no practicable alternative to <br />such construction, and (2) that the proposed action includes all <br />practicable measures to minimize harm to wetlands which may <br />S~w~nd kmended Complaint <br />19 <br />