Salinity Control Projects

1

Environmental Compliance and Habitat 

Replacement 
National Environmental Policy Act

NEPA- The overarching law requiring Federal 

agencies to evaluate and disclose environmental, 

social and economic effects of proposed actions

•Documentation – Environmental Assessment 

(EA)

• Grant recipient performs NEPA compliance activities.

• Public review & comment period on Draft EA

• No ground-disturbing activities or expenditure of 

federal funds until NEPA process is complete

•Timeframe – Data gathering, surveys, and NEPA 

process typically takes a total of 9-12 months

2
NEPA Document

•EA includes environmental commitments to 

avoid, minimize and compensate for impacts

• For example, best management practices, 

revegetation, habitat replacement, etc.

•Compliance with other laws is documented in the 

EA

3
Compliance with Other Laws

National Historic Preservation Act

• Assess and resolve effects on Historic Properties

• Historic Properties can include water delivery infrastructure over 

50 years old.

• Archaeologist conducts field survey and prepares report

• Reclamation consults with State Historic Preservation 

Officer (SHPO)

• Timeframe: 

• No potential to affect: ~1 month

• Potential to affect: Memorandum of Agreement, including

mitigation of effects ~3 months

4
Endangered Species Act

• Assess and resolve effects on federally-listed animal and 

plant species (referred to as T&E species)

• Biologist conducts field survey and prepares report.

• If needed, Reclamation consults with U.S. Fish and 

Wildlife Service (FWS)

• Mitigation measures could be applied to project.

• Timeframe: 1 – 6 months depending on effects to T&E 

species

Compliance with Other Laws

5
Compliance with Other Laws

Clean Water Act

• Most agricultural activities are exempt from CWA 

regulation under Section 404 of CWA

• Consultant prepares letter to Corps of Engineers 

• Obtain written confirmation of 404 exemption or permit requirements

• National Pollution Discharge Elimination System (NPDES) 

(Section 402 of CWA).

• Construction sites on > 1 acre of land must obtain NPDES permit 

from State to ensure water quality standards are met

• NPDES application includes Stormwater Management Plan 

• BMPs, dewatering plan, etc. for construction activities

6
Habitat Replacement

for Salinity Control Projects

7
Habitat Replacement

Requirement of the Salinity Control Act:

... provide for the mitigation of incidental fish and wildlife 

values that are lost as a result of the salinity control 

measures and associated works.

• What type of habitat needs to be replaced?

• Wetlands and riparian areas supported by canal seepage that will 

be lost as a result of project construction

• Construct habitat replacement concurrently with project 

construction

• Recipient responsible for all aspects of Plan --

Reclamation reviews and approves

• Salinity funds can be used for development and 

implementation of habitat project 8
Habitat Replacement

•Early coordination

• Grant recipient, consultant, and Reclamation 

coordination on habitat evaluation procedures, 

objectives, and potential habitat replacement plan and 

location

• Site visit with Reclamation and FWS to potential site

9
Habitat Replacement

•Determine Habitat Losses

• Use Reclamation’s Fish and Wildlife Habitat Evaluation 

Procedures to determine amount of habitat loss 

• The Procedures define method to evaluate functions of 

riparian and wetland areas that will be lost after canal is 

lined or piped

10
Habitat Replacement

•Develop Habitat Replacement Plan

• Well developed Plan is a good investment!

• Level of Plan Detail

• Use Reclamation’s Habitat Replacement Plan outline

• Enough detail that third party can complete the work

• Clearly define measurable objectives so project “success” can 

be determined

• Level of Plan detail dependent on complexity of project

• Detailed schedule and line item cost breakdown of 

construction, maintenance, and management

• Construction oversight & plantings by 

biologist/ecologist and/or qualified contractor

11
Habitat Replacement

•Maintenance and Management of Habitat Project

• Grant recipient is responsible for maintaining habitat 

project for life of project – typically 50 years

• Salinity funds cannot be used for maintenance

• All projects require maintenance, some more than 

others

• Develop Plan that minimizes amount of ongoing 

maintenance

• Plan and budget for maintenance

• For example, weed control, replanting and reseeding, 

maintaining water control structures, fencing, sediment 

removal, etc.

12
Habitat Replacement

•Monitoring

• Required for life of project 

• Include Monitoring schedule in habitat replacement 

plan

• Typically annual site visits with Reclamation for first 

five years, with yearly report to Reclamation 

• How project is meeting objectives, any corrective measures, 

photographs

• After 5 years, monitoring and reporting frequency may 

be adjusted to every 3 to 5 years for remaining life of 

project, with Reclamation concurrence

• Monitoring methods: measurable and repeatable; tie 

back to plan objectives and habitat evaluation criteria

13
Additional information

14

can be found on the Colorado River 

Basin Salinity Control Program 

Webpage: 

https://www.usbr.gov/uc/progact/salinit

y/