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ENVIRONMENTAL CHECKLIST REFERENCE GUIDE

1. NATIONAL ENVIRONMENTAL POLICY ACT (NEPA)

The NEPA of 1969 (42 U.S.C. 4321 et seq.) provides a national policy that encourages “productive and enjoyable 

harmony between man and his environment; to promote efforts which will prevent or eliminate damage to the 

environment and biosphere and stimulate the health and welfare of man . . .” The NEPA requires that all federal 

agencies use a systematic, interdisciplinary approach for protection of the human environment; this approach 

will ensure the integrated use of the natural and social sciences in any planning and decision‐making that may 

have an impact upon the environment. The NEPA also requires the preparation of a detailed Environmental 

Impact Statement (EIS) on any major federal action that may have a significant impact on the environment. An 

Environmental Review may be required. Further guidance concerning NEPA can be found at

https://ceq.doe.gov/ or by contacting the relevant federal agency.

2. COASTAL ZONE MANAGEMENT ACT (CZMA)

If the activity will occur in or near the state’s designated coastal zone and have reasonably foreseeable

effects on any land or water use or natural resource of the coastalzone, a federal consistency determination 

or certification pursuant to Section 307 of the Coastal Zone Management Act may be required from the 

state coastal zone management program. Contact the relevant State Coastal Zone Management Program, 

for further guidance on federal consistency requirements in your state. Further guidance on federal 

consistency can be found at https://coast.noaa.gov/czm/consistency/.

3. NATIONAL MARINE SANCTUARIES ACT

Each National Marine Sanctuary has its own unique set of regulations. There are some regulatory prohibitions 

that are typical for many sanctuaries: 1) discharging material or other matter into the sanctuary; 2) disturbance 

of, construction on or alteration of the seabed; 3) disturbance of cultural resources; and 4) exploring for, 

developing or producing oil, gas or minerals (with a grandfather clause for preexisting operations). A permit or 

other authorization may be required from the National Oceanic and Atmospheric Administration (NOAA)

National Marine Sanctuary. Contact the nearest Regional Office of NOAA’s National Marine Sanctuaries Program 

for further guidance https://sanctuaries.noaa.gov/about/regions.html or 

https://sanctuaries.noaa.gov/management/permits/welcome.html. 

4. MAGNUSON– STEVENSFISHERYCONSERVATIONANDMANAGEMENTACT (MSA)

Consultation with NOAA’s National Marine Fisheries Service (NMFS) may be required if Essential Fish Habitat (EFH) is

present. Contact the NMFS Office of Habitat Conservation, Habitat Conservation Division, at 

https://sero.nmfs.noaa.gov/habitat_conservation/efh.html or https://www.fisheries.noaa.gov/national/habitatconservation/consultations-essential-fish-habitat to determine if consultation is required. Further guidance 

concerning EFH can be found at, http://www.habitat.noaa.gov/index.html.

5. MARINEMAMMALPROTECTION ACT (MMPA)

A permit may be required if an activity will result in the “take” of a marine mammal. Taking is defined as “to harass, 

hunt, capture, or kill, or attempt to harass, hunt, capture, or kill any marine mammal.” Permits for most marine 

mammals are issued by NMFS (e.g., dolphins, whales, seals and sea lions); however the U.S. Fish and Wildlife Service 

(USFWS) has responsibility for the conservation and management of three species of manatees, sea and marine 

otters, walruses, polar bears, and dugongs. Contact the NMFS Office of Protected Resources Program, Protected 

Resources Division at https://www.fisheries.noaa.gov/topic/marine-mammal-protection or

https://sero.nmfs.noaa.gov/protected_resources/index.html or the appropriate USFWS Ecological Services Field 
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Office at https://www.fws.gov/ipac/ or https://www.fws.gov/international/animals/marine-mammals.html to 

determine if a permit and/or consultation or coordination is required. Further guidance concerning marine mammal 

permits can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marinemammal-protection-act.

6. ENDANGEREDSPECIESACT (ESA)

A consultation pursuant to Section 7 of the ESA and/or a permit and conservation plan pursuant to Section 10 may be 

required. Contact the appropriate USFWS Ecological Services Field Office, https://ecos.fws.gov/ipac/ and/or the 

NMFS Office of Protected Resources, Protected Resources Division, https://www.fisheries.noaa.gov/speciesdirectory/threatened-endangered and https://sero.nmfs.noaa.gov/protected_resources/index.html, to determine if 

consultation is required. Most consultations are conducted informally with the federal agency or a designated non‐

federal representative. Non‐federal representatives may be involved in the informal consultation process and may 

request and receive species lists, prepare the biological assessment, and provide information for the formal 

consultation. However, the action agency is required to formally designate the non‐federal representative in writing. 

The ultimate responsibility for Section 7 obligations remains with the federal action agency. Further guidance 

concerning Section 7 consultations can be found in the Endangered Species Act Consultation Handbook at

Centralized Library, Final Section 7 Consultation Handbook: U.S. Fish and Wildlife Service 

https://www.fws.gov/policy/m0002.html. If Treasury is the only federal agency involved in the project, a Section 10 

permit may be required in lieu of a Section 7 consultation. Further guidance concerning Section 10 permits and 

conservation plans for activities involving threatened or endangered marine and anadromous species can be found 

at https://www.fisheries.noaa.gov/national/endangered-species-conservation/endangered-species-act-guidancepolicies-and-regulations. For terrestrial or freshwater species or land‐based sea turtle activities, further guidance 

concerning section 10 permits and habitat conservation plans can be found at 

https://www.fws.gov/endangered/permits/index.html.

7. COASTAL BARRIERRESOURCEACT (CBRA)

Federal funding may be prohibited for projects that occur on certain coastal barriers designated under the John 

H. Chaffee Coastal Barrier Resources System unless the project meets an exception. Treasury may be required to 

make a determination regarding CBRA. Contact the appropriate USFWS Ecological Services Field Office for further 

guidance at https://www.fws.gov/cbra.

8. MIGRATORY BIRD TREATY ACT The Migratory Bird Treaty Act makes it illegal for anyone to take, possess, import, 

export, transport, sell, purchase, barter, or offer for sale, purchase, or barter, any migratory bird, or the parts, 

nests, or eggs of such a bird except under the terms of a valid permit issued pursuant to Federal regulations. The 

migratory bird species protected by the Act are listed in 50 C.F.R. 10.13. A permit may be required. Contact the 

appropriate ecological services field office of the USFWS, https://www.fws.gov/. More information can be found at

https://www.fws.gov/birds/policies-and-regulations/laws-legislations/migratory-bird-treaty-act.php.

8. BALD AND GOLDEN EAGLE ACT 

The Bald and Golden Eagle Protection Act prohibits anyone, without a permit issued by the Secretary of the 

Interior, from "taking" bald eagles [or any golden eagle], including their parts, nests, or eggs. The Act defines 

"take" as "pursue, shoot, shoot at, poison, wound, kill, capture, trap, collect, molest or disturb." More information 

can be found at https://www.fws.gov/birds/policies-and-regulations/laws-legislations/bald-and-golden-eagleprotection-act.php.

9. WILDANDSCENICRIVERSACT

The Wild and Scenic Rivers Act prohibits federal support for actions such as the construction of dams or other 

instream activities that would harm the free‐flowing condition, water quality, or outstanding resource values of 

a designated Wild and Scenic River. There are designated rivers in the Gulf Coast States and the Act may apply. 
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Contact the appropriate USFWS Ecological Services Field Office for further guidance at 

https://www.rivers.gov/index.php.

10. NATIONALHISTORICPRESERVATIONACT (NHPA)AND THE ARCHAEOLOGICAL AND 

HISTORIC PRESERVATION ACT(AHPA)

Special conditions may be required on projects that could affect historic resources. Contact your state historic 

preservation office https://www.nps.gov/subjects/nationalregister/index.htm or http://ncshpo.org/directory/, or 

your tribal historic preservation office at https://www.nathpo.org/thpos/find-a-thpo/ for further guidance 

concerning compliance requirements.

11. RIVERS ANDHARBORSACT

A Section 10 permit may be required from the U. S. Army Corps of Engineers (USACE). Contact the Regulatory 

Program of the nearest District Office of the USACE at 

http://w3.saj.usace.army.mil/permits/HQAvatar/index.htmfor further guidance on Section 10 permits. The USACE 

can authorize activities by a standard individual permit, letter‐of‐permission, nationwide permit, or regional permit. 

The USACE will make the determination on what type of permit is needed. (In cases of use or alteration of a federal 

civil works project, a Section 408 consultation with the USACE may be required.)

12. CLEAN WATERACT (CWA)

A separate type of permit is required to dispose of dredge or fill material in the Nation’s waters, including 

wetlands. Authorized by CWA Section 404, this permit program is administered by the USACE, subject to and using 

environmental guidance from the Environmental Protection Agency (EPA). Some types of activities are exempt 

from permit requirements, including certain farming, ranching, and forestry practices that do not alter the use or 

character of the land; some construction and maintenance; and activities already regulated by States under other 

provisions of the Act. A permit may be required from the USACE or delegated state agency. Contact the 

Regulatory Program of the nearest USACE District Office for further guidance on Section 404 permits at

http://w3.saj.usace.army.mil/permits/HQAvatar/.

A CWA Water Quality Certification (Section 401) is required for activities that may result in a discharge into the 

Nation’s waters, including wetlands, watercourses, and natural or man‐made ponds. A National Pollution 

Discharge Elimination System (NPDES) permit may also be required for such discharges. Contact your state 

water quality agency for additional guidance. Further guidance concerning Section 401 or NPDES requirements 

can be found at https://www.epa.gov/cwa-401/basic-information-cwa-section-401-certification and 

https://www.epa.gov/npdes.

13. MARINE PROTECTION, RESEARCH, AND SANCTUARIES ACT(MPRSA)

Titles I and II of the MPRSA, also referred to as the Ocean Dumping Act, generally prohibits (1) transportation of 

material from the United States for the purpose of ocean dumping; (2) transportation of material from 

anywhere for the purpose of ocean dumping by U.S. agencies or U.S.‐flagged vessels; (3) dumping of material 

transported from outside the United States into the U.S. territorial sea. A permit may be required. Contact the 

EPA Office of Wetlands, Oceans, and Watersheds/Oceans and Coastal Protection Division for additional guidance 

https://www.epa.gov/ocean-dumping. Further guidance about permits under the MPRSA can be found at 

https://www.epa.gov/ocean-dumping/ocean-dumping-permits.
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14. CLEANAIRACT (CAA)

If the proposed activity may result in any emissions of pollutants to the air within a non-attainment area or 

maintenance area, special conditions may be required on such projects that could affect air quality. Contact the 

nearest state air quality agency at http://www.4cleanair.org/ for further guidance on determining conformity with 

the state implementation plan. Further guidance concerning non-attainment areas can be found at 

https://www3.epa.gov/airquality/greenbook/mapnpoll.html and 

https://www3.epa.gov/airquality/greenbook/ancl.html.

15. RESOURCE CONSERVATION AND RECOVERYACT (RCRA)

A RCRA permit may be required from the EPA or designated state agency. Contact the nearest RCRA Regional Office 

of the EPA or state authorized agency for further guidance on RCRA compliance. Additional guidance can be found

at https://www.epa.gov/rcra.

16. COMPREHENSIVE ENVIRONMENTAL RESPONSE, COMPENSATION, ANDLIABILITYACT (CERCLA)

If the activity involves a Superfund site, special provisions and requirements may apply. Contact the nearest EPA 

Regional Office for further guidance on CERCLA requirements at https://www.epa.gov/superfund/superfund-cerclaoverview or https://www.epa.gov/superfund/search-superfund-sites-where-you-live.

17. SAFEDRINKINGWATERACT (SDWA)

A permit may be required if the proposed activity will involve underground injection which may impact 

drinking water sources. Contact the neareststate drinking water or underground injection control 

program for further guidance. Additional guidance can be found at https://www.epa.gov/uic.

18. FARMLAND PROTECTION POLICY ACT (FPPA)

Projects are subject to FPPA requirements if they may irreversibly convert farmland (directly or indirectly) to 

nonagricultural use and are completed by a Federal agency or with assistance from a Federal agency. The project 

may be subject to the FPPA. Contact your local office of the Natural Resources Conservation Service (NRCS) or 

USDA Service Center for further guidance at 

http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/contact/local/ and 

http://www.nrcs.usda.gov/wps/portal/nrcs/main/national/landuse/fppa/.

EXECUTIVE ORDERS

Executive Orders are directives from the President of the United States to federal agencies and officials.

19. E.O. 11988– FLOODPLAIN MANAGEMENT

Executive Order 11988 requires that an eight‐step process be followed for projects that may have potential 

impacts to or within floodplains. Contact the nearest Regional Office of the Federal Emergency Management 

Agency for further guidance at https://msc.fema.gov/portal/home.

20. E.O. 11990 and E.O.12608–WETLANDPROTECTION

This Executive Order requires agencies to avoid providing assistance for new construction located in wetlands unless

there is no practicable alternative to such construction, and thatthe proposedaction includes all practicable measures to 

minimize harm to wetlands, which may result from such use. The Executive Order defines wetlands: “(c) The term 

"wetlands" means those areas that are inundated by surface or ground water with a frequency sufficient to 

support and under normal circumstances does or would support a prevalence of vegetative or aquatic life that 

requires saturated or seasonally saturated soil conditions for growth and reproduction. Wetlands generally 

include swamps, marshes, bogs, and similar areas such as sloughs, potholes, wet meadows, river overflows, mud 
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flats, and natural ponds.” For further guidance, contact the appropriate USFWS Ecological Services Field Office 

https://www.fws.gov/offices/ or https://www.fws.gov/wetlands/Data/Mapper.html.

21. E.O. 12898 – ENVIRONMENTAL JUSTICE

This Executive Order requires that "each federal agency shall make achieving environmental justice part of its 

mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or 

environmental effects of its programs, policies, and activities on minority populations and low‐income 

populations." See the Council on Environmental Quality website for further guidance on Environmental Justice 

at https://ceq.doe.gov/nepa-practice/justice.html.

22. E.O. 13089 – CORALREEFPROTECTION

This Executive Order requires that any actions that are authorized or funded by federal agencies not 

degrade the condition of coral reef ecosystems. Some of the Gulf Coast States contain coral reef

ecosystems and include National Marine Sanctuaries http://sanctuaries.noaa.gov/. Contact the NOAA

Coral Reef Conservation Program for further guidance at http://coralreef.noaa.gov/. 

23. E.O. 13112 – INVASIVE SPECIES

This Executive Order requires agencies to prevent the introduction of invasive species and provide for their 

control. For further guidance on invasive species, see https://www.invasivespeciesinfo.gov/.

24. E.O. 13186 – RESPONSIBILITIES OF FEDERALAGENCIES TOPROTECTMIGRATORY BIRDS

This Executive Order requires the incorporation and promotion of migratory bird conservation considerations 

into all agency activities. The Gulf Coast States contain North American migration flyways. Contact the 

appropriate USFWS Ecological Services Field Office at https://www.fws.gov/offices/. Further guidance regarding 

E.O. 13186 can be found at https://www.fws.gov/birds/policies-and-regulations/administrativeorders/executive-orders.php.

In addition, the USFWS and NMFS have a Biological Evaluation Form for Deepwater Horizon Oil Spill Restoration 

that may be helpful to fill out and may be obtained from Erin Chandler (erin_chandler@fws.gov) or Christy Fellas 

(Christina.fellas@noaa.gov).