Summary of the National Environmental Policy Act and Implementing Regulations - Environmental Impact Analysis: Process and Methods - page 36

TABLE 2.2
Select Federal Regulations to Be Considered during the NEPA Process
Regulation

Reference Applicability to NEPA Environmental Analysis

Floodplain Management Executive Order 11988 Requires determination of relationship of any federal actions and Federal

Emergency Management-delineated loodplain. If loodplain potentially
involved, must demonstrate level of impact and requires mitigation.

Environmental Justice Executive Order 12898 Must identify minority and disadvantaged population potentially affected by

federal action and demonstrate degree of impact and requires mitigation.

Protection of Wetlands Executive Order 11990 Requires determination of relationship to any federal actions and wetlands

(meeting U.S. Army Corps of Engineers and EPA deinition). If wetlands
potentially involved must demonstrate level of impact and requires mitigation.

Invasive Species Executive Order 13112 Prohibits federal agency authorization or funding actions that may contribute to

the introduction or spread of invasive species.

Clean Water Act 33 U.S.C. §1251 et seq. (1972) Compliance with numerous provisions including Section 404 (protection of

wetlands), Section 402 (National Pollution Discharge Elimination System), and
state water quality standards must be demonstrated.

Clean Air Act 42 U.S.C. §7401 et seq. (1970) Compliance with numerous provisions for ambient air quality, point-source

emissions, and non-point-source emissions. Also Section 309 EPA review of EISs
(see Section 2.4 of this chapter).

Rivers and Harbors Act 33 U.S.C. §403; Chapter 425,

(1899)

Must demonstrate compliance with act, originally passed to protect navigation
but since interpreted to prevent interference with surface water hydraulics and
water quality.