Federal agency rules and regulations relating to the cable construction project

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Content: Endangered Species Act of 1973, 33 CFR Parts 320 through 330: Regulatory programs of the Corps of Engineers (final rule), and 33 CFR Parts 230 and 325: Environmental quality; procedures for implementing the National Environmental Policy Act (NEPA) (final rule).
"At the conclusion of the September 29th Geothermal Cable Interagency Group meeting, members were tasked with providing a list of their respective agency's requirements (rules, laws, regulations, permits, etc.) which may be involved in the cable construction project. This letter provides pertinent comments from the Fish and Wildlife Service (Service). Section 7 (Interagency Cooperation) of the Endangered Species Act requires all federal agencies to review their activities and consult with this Service or with the National Marine Fisheries Service (NMFS) should their actions affect any listed species. Federal activities include funding and authorizing (issuance of permits), and both will be required for the cable project. Much of the construction will take place at sea, and should it be determined that those activities may affect listed marine species (whales and sea turtles), the federal agency involved (U. S. Army Corps of Engineers) will be required to consult with NMFS. As overland construction may affect species within our jurisdiction, such as some listed plants and endangered Hawaiian waterbirds, the Corps of Engineers or other involved federal agencies, will be required to consult with this Service as well. We will then review the project proposal, determine the extent of impact to listed species, and will recommend modifications to reduce or eliminate any adverse impacts. I have enclosed a copy of the regulations governing Section 7 for your use. Other legislation, such as the Clean Water Act, the Rivers and Harbors Act, and the Fish and Wildlife Coordination Act, provides for our review of federal actions which may affect wildlife resources. As with Section 7, our participation is directed toward the review of other federal agencies' actions, not directly with private or state actions. Since authorization by the Corps will be required, our coordination will be with them, not directly with the state."
environmental, Hawaii
1988. Federal agency rules and regulations relating to the cable construction project.
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