30 CFR 779.20 - What information on fish and wildlife resources must I include in my permit application?

§ 779.20 What information on fish and wildlife resources must I include in my permit application?

(a)General requirements. Your permit application must include information on fish and wildlife resources for the proposed permit and adjacent areas, including all species of fish, wildlife, plants, and other life forms listed or proposed for listing under the Endangered Species Act of 1973, 30 U.S.C. 1531et seq. The adjacent area must include all lands and waters likely to be affected by the proposed operation.

(b)Scope and level of detail. The regulatory authority will determine the scope and level of detail for this information in coordination with state and federal agencies with responsibilities for fish and wildlife. The scope and level of detail must be sufficient to design the protection and enhancement plan required under § 780.16 of this chapter.

(c)Site-specific resource information requirements. Your application must include site-specific resource information if the proposed permit area or the adjacent area contains or is likely to contain one or more of the following -

(1) Species listed or proposed for listing as threatened or endangered under the Endangered Species Act of 1973, 16 U.S.C. 1531et seq., or designated or proposed critical habitat under that law. When these circumstances exist, the site-specific resource information must include a description of the effects of future non-federal activities that are reasonably certain to occur within the proposed permit and adjacent areas.

(2) Species or habitat protected by state or tribal endangered species statutes and regulations.

(3) Habitat of unusually high value for fish and wildlife, which may include wetlands, riparian areas, cliffs that provide nesting sites for raptors, significant migration corridors, specialized reproduction or wintering areas, areas offering special shelter or protection, and areas that support populations of endemic species that are vulnerable because of restricted ranges, limited mobility, limited reproductive capacity, or specialized habitat requirements.

(4) Other species or habitat identified through interagency coordination as requiring special protection under state, tribal, or federal law, including species identified as sensitive by a state, tribal, or federal agency.

(5) Perennial or intermittent streams.

(6) Native plant communities of local or regional ecological significance.

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

Title 30 published on 2015-10-21

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 30 CFR Part 779 after this date.

  • 2016-12-20; vol. 81 # 244 - Tuesday, December 20, 2016
    1. 81 FR 93066 - Stream Protection Rule
      GPO FDSys XML | Text
      DEPARTMENT OF THE INTERIOR, Office of Surface Mining Reclamation and Enforcement
      Final rule.
      This rule is effective January 19, 2017.
      30 CFR Parts 700, 701, 773, 774, 777, 779, 780, 783, 784, 785, 800, 816, 817, 824, and 827