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USACE and FERC would work closely together, along with the public and other relevant agencies, in preparation of this document USACE and FERC 2011.
4.1.4 Fish and Wildlife Coordination Act 16 U.S.C. 661 et seq.
The Fish and Wildlife Coordination Act of 1934 was enacted to “provide that wildlife conservation shall receive equal consideration and be coordinated with other features of water-
resource development programs through the effectual and harmonious planning, development, maintenance, and coordination of wildlife conservation and rehabilitation 16 USC 661.” The
Fish and Wildlife Coordination Act requires that the federal agencies or entities seeking approval
from federal agencies to impound or otherwise modify a body of navigable water first consult with the U.S. Fish and Wildlife Service and with the head of the relevant state agency with
authority over wildlife resources. The purpose of this consultation is to provide for “the conservation of wildlife resources by preventing loss of and damage to such resources as well as
providing for the development and improvement thereof in connection with such water-resource development 16 USC 662.”
The Fish and Wildlife Coordination Act obliges the USFWS and relevant state agencies to be as thorough as possible in making recommendations for the conservation of fish and
wildlife in conjunction with river modification projects, and obliges the federal agency with permitting authority on a given project to take these recommendations into account. Section 10j
of the Federal Power Act reiterates this directive and refers directly to the Fish and Wildlife Coordination Act. In the case of hydropower projects on dams in Rhode Island, RIDEM is the
relevant state wildlife conservation agency and FERC is the federal permitting authority.
4.1.5 Endangered Species Act 16 U.S.C. 1531 et seq.
The Endangered Species Act of 1973 provides for the conservation of threatened and endangered plants and animals and the habitats in which they are found. The section most
relevant to hydropower projects is Section 7 16 U.S.C. § 1536a2. This section outlines procedures for interagency cooperation to conserve federally listed species and designated
critical habitats. Critical habitats are defined as specific areas occupied by a listed species as endangered or threatened under the ESA. Critical habitat areas possess physical or biological
features that are essential to the conservation of the species and which may require special management considerations or protection.
Section 7a2 requires federal agencies undertaking, funding, permitting, or authorizing an action to first consult with the NMFS for marine and anadromous species, or the USFWS
for fresh-water species and land-based wildlife to ensure that the action is not likely to jeopardize the continued existence of listed species or adversely modify designated critical
habitat. In the case of hydropower, FERC is the permitting agency that is required to consult with
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FWS and NMFS; the consultation requirement embodied in Section 7 of the ESA is also reflected in FERC license application guidelines 18 CFR §5.
4.1.6 Magnuson Stevens Fishery Conservation and Management Act 16 U.S.C. §§ 1801 et seq.
