ADDITIONAL APPLICABLE FEDERAL LEGISLATION

Framework for Dredged Material Management

May 2004

three annexes to the LDC. LDC jurisdiction includes all waters seaward of the baseline of

the territorial sea. The ocean-dumping Criteria developed under the MPRSA are required

by Section 102(a) to "apply the standards and criteria binding upon the United States

under the Convention, including its Annexes." These criteria must, at a minimum, reflect

the standards set forth by LDC. Therefore, the LDC places environmental constraints

upon the ocean disposal of dredged material and directly affects the policy, regulatory,

and technical aspects of the dredged material ocean-disposal program.

ADDITIONAL APPLICABLE FEDERAL LEGISLATION

COASTAL ZONE MANAGEMENT ACT

The Coastal Zone Management Act requires USACE to coordinate permit review

and Federal projects with all State level coastal zone review agencies. Under this act,

coastal States are required to formulate a management program for the land and water

resources of its coastal zone, which extends out to the seaward limit of the territorial sea,

and submit it for approval to the Secretary of Commerce. After final approval by the

Secretary of Commerce of a State's management program, any applicant for a Federal

permit must have certification that the proposed disposal complies with the State's

approved program.

RIVERS AND HARBORS ACT OF 1899

The Rivers and Harbors Act of 1899 requires a USACE permit for any work or

structure, including fill material discharges, in navigable waters of the United States. The

primary purpose of Section 10 is to ensure that private structures do not adversely affect

Federal interstate navigation. It empowers USACE to review applications and issue

approved construction permits for dredging and fill projects for any structure in the water

(e.g., piers, pipelines, and bridges).

FISH AND WILDLIFE COORDINATION ACT OF 1958

The Fish and Wildlife Coordination Act of 1958 provides that, for any proposed

Federal project or permit that may affect a stream or other body of water, USACE must

first consult with Federal and State fish and wildlife agencies. This consultation must

address the prevention of damages to wildlife resources and provide for the development

and improvement of wildlife resources.

ENDANGERED SPECIES ACT OF 1973

Section 7 of the Endangered Species Act of 1973 establishes a consultation

process between Federal agencies and the Secretaries of the Interior or Commerce for

conducting programs for the conservation and protection of endangered species. Pursuant

to this act, a biological assessment is performed to determine whether an endangered

species or a critical habitat will be impacted by a proposed action.