Consultation on CWA Section 404 Program Requests: Endangered Species Act and National Historic Preservation Act
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Overview
The EPA may be required to comply with Endangered Species Act and National Historic Preservation Act requirements before determining approval of a Tribal or state program.
Endangered Species Act
The EPA has determined that it should consult with the Fish and Wildlife Service (FWS) and National Marine Fisheries Services (NMFS) under Section 7 of the Endangered Species Act if a decision to approve a state or Tribal CWA Section 404 program may affect ESA-listed species or designated critical habitat. See related documents below.
- Memorandum on Endangered Species Act Section 7(a)(2) Consultation for State and Tribal Clean Water Act Section 404 Program Approvals
- Federal Register Notice “Request for Comment on Whether EPA’s Approval of a Clean Water Act Section 404 Program Is Non-Discretionary for Purposes of Endangered Species Act Section 7 Consultation”
- EPA Docket No. EPA-HQ-OW-2020-0008
National Historic Preservation Act
The EPA has determined that it will engage in consultation consistent with Section 106 of the National Historic Preservation Act and its implementing regulations at 36 CFR part 800 on all complete program requests to assume a CWA Section 404 program received from states and Tribes. See related documents below.