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Published byDennis Williamson Modified over 8 years ago
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Legislative History
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First enacted in 1934 Enacted due to concerns over the loss of commercial and sport fisheries from water resource developments Sought to ensure that federal reservoirs provided opportunity for federal fish hatcheries and resting places for migratory waterfowl. Amended in 1946 Principal emphasis was on mitigation of fish and wildlife resources losses. Office of River Basin Studies (future ES) to implement the Act. Legislative History
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Major Amendment: August 12, 1958 Present Fish and Wildlife Coordination Act Given its current name in these amendments Legislative History
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Section 1 - Purpose and Intent Recognizes Recognizes the vital importance of wildlife resources in relation to water resource development programs in the U.S.; Ensures Ensures that wildlife conservation receives equal consideration consideration in federal decisions affecting water bodies; FWCA OVERVIEW
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Section 1 - Purpose and Intent (continued) Establishes fish and wildlife conservation as a coequal purpose or objective of water resource development proposals; Imposes upon the DOI responsibility to assist and cooperate with other agencies in the planning of projects; FWCA OVERVIEW
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Section 2(a) - Consultation Requires that the federal agency first shall consult with the FWS and state conservation agency; Applies to federal agencies constructing the project and federal agencies issuing licenses and permits for projects; FWCA OVERVIEW
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Section 2 - Activities covered by FWCA Discharge of pollutants: NPDES (EPA), Section 404 Permits (Corps) Construction and operation of dams, levees, water diversion: Water resource development projects (Corps, BR, FERC) Construction and operation of navigation features: Corps navigation projects, Coast Guard permits, Corps Section 10 permits Other actions dependent upon or resulting in the diversion, control or modification of a stream or other body of water (includes wetlands): highways, pipelines, coal mines FWCA OVERVIEW
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Section 2(b) - Reports and Considerations Action agencies are required to give full consideration to the reports and recommendations of the FWS and State; FWS reports shall be integrated into any report seeking authorization for the action; FWCA OVERVIEW
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Section 2(b) - Reports and Considerations FWS recommendations shall: - be as specific as practicable - address wildlife conservation - describe action’s impact on wildlife - include means to mitigate these impacts. FWCA OVERVIEW
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Section 2(b) - Reports and Considerations Agencies shall incorporate into the project plan such justifiable measures for wildlife purposes to obtain maximum overall project benefits; Final mitigation measures are decided by action agency FWCA OVERVIEW
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Section 2(c)- 2(h) (c)Action agencies are authorized to add to the structures and operations of projects and to acquire lands for conservation measures; (d) Fish and wildlife costs to carry out conservation measures are to be considered projects costs; FWCA OVERVIEW
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Section 2(c) - 2(h) (continued) (e) Authorizes but does not require federal agencies to transfer funds to FWS for wildlife resource study purposes; (f) Requires that any report submitted to Congress in support of project shall include benefit-cost analyses of wildlife aspects; FWCA OVERVIEW
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Sections 2(c) - 2(h) (continued) (g) Provides that the Act applies to all water development projects except those authorized before enactment of the FWCA; (h) Exempts from FWCA surface water impoundments less than 10 acres and federal land management activities; FWCA OVERVIEW
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Sections 3(a) - 3(f) (a) Provides for the use of project lands for fish and wildlife conservation purposes; (b) Provides that such lands and waters are to be made available, without cost for administration, to the State wildlife agency and to the Secretary of the Interior; FWCA OVERVIEW
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Sections 3(a) - 3(f) (continued) (c) Provides federal agencies the authority to acquire land and water for wildlife conservation; (d)&(e) Requires that properties acquired or withdrawn for wildlife conservation shall continue to be used for such purposes; FWCA OVERVIEW
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Sections 3(a) - 3(f) (continued) (f) Provides that any lands acquired for wildlife purposes within the exterior boundaries of a national forest shall be added to national forest lands unless acquired for migratory bird purposes; FWCA OVERVIEW
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Section 4 - Administration of Lands Lands may be made available to the Department of the Interior to manage for migratory birds - donation under Section 1 - via general plans under Section 3 - via general plans under Section 3 FWCA OVERVIEW
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Section 4 - (continued) DOI may: - manage lands directly - transfer lands to State to manage under cooperative agreement Lands may be transferred directly to State under general plans; FWCA OVERVIEW
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