This act established the Army Corpd of Engineers' regulatory authority over US navigable waters, and established permit requirements for construction of bridges, causeways, dams, or dikes within or over navigable waters of the US. Section 10 of the act requires a Corps permit for construction of any " obstruction of navigable waters" of the US, and for any excavation, fill, or other modification to various types of navigable waters. Section 13 requires a Corps permit for discharge of refuse of any kind (except liquid from sewers or urban runoff) from land or vessel, into navigable waters of the US or into their tributaries. Similarly, discharge of refuse is prohibited upon the banks of navigable waters or their tributaries where the refuse could be washed into the water.
Wild and Scenic Rivers Act of 1968 (PL 90-542; 16 USC 1271-1287)
"It is hereby declared to be the policy of the United States that certain selected rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural or other similar values, shall be preserved in free-flowing condition, and that they and their immediate environments shall be protected for the benefit and enjoyment of present and future generations. The Congress declares that the established national policy of dams and other construction at appropriate sections of the rivers of the United States needs to be complemented by a policy that would preserve other selected rivers or sections thereof in their free-flowing condition to protect the water quality of such rivers and to fulfill other vital national conservation purposes."
The Act establishes the policy that certain rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values, shall be preserved in free-flowing condition, and that they and their immediate environments shall be protected for the benefit and enjoyment of present and future generations (16 U.S.C. 1271). The Act both identifies specific river reaches for designation as wild or scenic, and provides criteria to be used for classifying additional river reaches (16 U.S.C. 1272). "Wild river areas" are those rivers or sections of rivers that are free from impoundments and generally inaccessible except by trail, with watersheds or shorelines essentially primitive and waters unpolluted. These represent the vestiges of primitive America. "Scenic river areas" are those rivers or sections of rivers that are free from impoundments, with shorelines or watersheds still largely primitive and shorelines largely undeveloped, but accessible in places by roads. "Recreational river areas" are those rivers or sections of rivers that are readily accessible by road or railroad, that may have some development along their shorelines, and that may have undergone some impoundment or diversion in the past. (16 USC 1273). Where designated rivers aer administered by the NPS and there is a conflict between this act and NPS legislation, the more restrictive provisions apply.
The National Wild and Scenic River System was established to protect the environmental values of free-flowing streams from degradation by impacting activities, including water resources projects. The system is administered jointly by the U.S. Forest Service, Department of Agriculture, and the National Park Service, Department of the Interior. Corps activities on the streams included in the system are subject to review by whichever of these agencies is responsible for the specific stream. In all planning for the use and development of water and related land resources, consideration shall be given to potential national wild, scenic and recreational river areas, and all river basin and project plan reports submitted to the Congress shall consider and discuss and such potentials (16 U.S.C. 1276(d).
Estuary Protection Act of 1968 (PL 90-454; 16 U.S.C. 1221-1226)
This Act authorizes the Secretary of Interior, in cooperation with the States, Secretary of the Army and other Federal agencies, to conduct an inventory and study of the Nation's estuaries, to facilitate estuary protection, conservation and restoration in a manner that maintains the balance between conserving the natural resources and natural beauty of the Nation and the need to develop these estuaries for further growth and development of the Nation. Considerations of this study are to include: (1) wildlife and recreational potential of estuaries, their ecology, their value to the marine, anadromous and shell fisheries, and their esthetic value; (2) their importance to navigation, value for flood, hurricane, and erosion control, mineral value, and value of submerged lands; and , (3) the value of such areas for more intensive development for economic use as part of urban, commercial and industrial development (16 U.S.C. 1222). The Act requires Federal agencies, in planning for the use or development of water and related land resources, to give consideration to estuaries and their natural resources. All plans and projects submitted to Congress shall include a discussion by the Secretary of Interior of such estuaries and resources, and the potential impact of the proposed project on them, as well as his recommendations thereon (16 U.S.C. 1224).
Federal Water Pollution Control Act of 1972 (Clean Water Act - CWA) (PL 92-500, PL 100-433; 9 USC 1251 et seq., 33 U.S.C. 1251 et seq.)
The Clean Water Act (CWA), as amended in 1972 U.S.C. Title 33 §1251 et seq., is the common name for the Federal Water Pollution Control Act. The primary goal of the CWA is to "restore and maintain the chemical, physical, and biological integrity of the Nation's waters." This CWA outlined a national goal that all discharge of pollutants into navigable waters be eliminated by 1985, and an interim goal to be achieved by 1983: the use of the "best available technology economically achievable" to obtain water quality at a level adequate to protect fish, shellfish, wildlife and human recreational activities. The CWA establishes a very broad framework of planning, research, financial assistance, and permit systems to further the national objective and goals. These include creation of a process for reviewing and adopting water quality standards and establishment of regulatory permit processes to control discharges into surface water to reduce pollution of receiving waters.
Marine Protection, Research, and Sanctuaries Act of 1972 (PL 92-532; 33 USC 1401-1445)
The Act regulates the dumping of materials into ocean waters. It prevents, or restricts, dumping of materials that would degrade or endanger human health, welfare, or amenities, or the marine environment, ecological systems, or economic potentialities. The Act provides for a permitting process to control the ocean dumping of dredged material. The Act also establishes the marine sanctuaries program, which designates certain areas of the ocean waters as sanctuaries in order to preserve or restore these areas for their conservation, recreational, ecological, or aesthetic values.
Coastal Zone Management Act of 1972 (PL 92-583; 16 U.S.C. 1451 et seq.)
The Act (as amended) establishes a policy: 1) to preserve, protect, develop and where possible, restore and enhance the resources of the Nation's coastal zone for current and future generations; and, 2) to encourage and assist states in their responsibilities in the coastal zone through development and implementation management programs to achieve wise use of the land and water resources of the coastal zone, giving full consideration to ecological, cultural, historic, and esthetic values, as well as the needs for compatible economic development (16 U.S.C. 1452).
Guidelines are set forth to develop a program for the management, beneficial use, protection and development of the land and water resources of the Nation's coastal zones through protection of natural resources, management of development, providing public access, and establishment of pollution control. It delegates responsibility to coastal states to exercise their responsibilities as owners of coastal zone areas to develop and implement management programs to achieve wise use of the land and water resources. Participation and cooperation is encouraged among state and local governments, interstate regional agencies and Federal agencies to help states manage competing demands in coastal areas. The Secretary of Commerce is authorized to award Federal grants to assist the states in developing and administering management programs land and water use for the coastal zone giving full consideration to ecological, cultural, historic and esthetic values as well as to the need for economic development.
Coastal Barrier Resources Act of 1982 (PL 97-348; 16 USC 3501 et seq; 12 USC 1441 et seq)
This act reauthorizes and amends the Coastal Barrier Resources Act of 1982 (16 U.S.C 3501-3510). The original act established a policy that coastal barriers, in certain geographic areas of the U.S., and their adjacent inlets, waterways and wetlands resources are to be protected by restricting Federal expenditures which have the effect of encouraging development of coastal barriers. The act provided for a Coastal Barrier Resources System (CBRS) which identified undeveloped coastal barriers along the Atlantic and Gulf Coasts, including islands, spits, tombolos, and bay barriers that are subject to wind, waves, and tides such as estuaries and nearshore waters (the extent of which is defined by a set of maps approved by Congress dated 30 September 1982). Except for specific exempted projects (e.g. dredging, Federal navigation projects, some habitat management and enhancement efforts), no new Federal expenditures or financial assistance are allowed for areas within the system. The purpose was to minimize loss of human life, wasteful expenditure of federal revenues, and damage to fish, wildlife and other natural resources associated with the development of coastal barriers. The 1990 reauthorization, Coastal Barrier Improvement Act (16 U.S.C. 3501 et seq) provides for the technical revision of maps, modification of boundaries, and additions to the CBRS. A similar resource inventory is to be created for coastal barrier resources of the U.S. Pacific Coast under the Pacific Coast Barrier Resources Study and Mapping. A Coastal Barriers Task Force is created to report on the management of coastal barrier resources.
Safe Drinking Water Act of 1996 (SDWA) (PL 93-523; 42 U.S.C. 300f-j-26)
The primary objective of the SWDA is twofold: (1) to protect the nation's sources of drinking water, and (2) to protect public health to the maximum extent possible, using proper water treatment techniques. The Act directs the EPA and states to establish national primary and secondary drinking water standards and to establish techniques to meet those standards. States are responsible for enforcement and must submit regulatory programs to the EPA for approval. Facilities that treat drinking water supplies are regulated by the states through permits. Underground sources of drinking water are also protected through applying the same drinking water standards, identifying critical aquifer protection areas, and programs to protect wellhead areas from contaminants. The Act also requires states to submit procedures for inspection, monitoring, record-keeping, and reporting, as part of their regulatory programs.
Section 1447 of the Act (42 U.S.C. 300j-6) requires that each Federal agency having jurjurisdiction over any Federally owned or maintained public water system or engaged in an activity resulting, or which may result in, underground injection that endangers drinking water shall be subject to, and comply with, Federal, State, and local requirements, programs, and administrative authorities.
National Marine Sanctuaries Act (PL 92-532; 16 U.S.C. 1431-1445a)
Outer Continental Shelf Lands Act of XXXX and 1987 (43 USC 1331 et seq., 1801 et seq.)
This act sets forth policies and procedures for managing the oil and natural gas resources of the Outer Continental Shelf (OCS), including the issuance of mineral leases. Prior to development, the lessee is required to submit a development and production plan to the Secretary of the Interior for approval. A license or permit may not be granted without concurrance by the affected state that the plan is consistent with its approved coastal zone management program. Ammendments in 1987 created the Offshore Oil Pollution Compensation Fund to pay for the removal of oil spilled or discharged as a result of activities on the OCS. Under these provisions, public entities, such as the NPS, can file claims against the fund to recover cleanup costs.
Restoration, Management, and Protection of Wetlands and Habitat for Migratory Birds on Federal lands (16 USC 4408 )
State Effluent Standards
