Sec. 66270.3 - Considerations Under Federal Law

ยง 66270.3. Considerations Under Federal Law

The following is a list of Federal laws that may apply to the issuance of permits under these rules. When any of these laws is applicable, its procedures shall be followed. When the applicable law requires consideration or adoption of particular permit conditions or requires the denial of a permit, those requirements also shall be followed.

(a) The Wild and Scenic Rivers Act. 16 U.S.C. section 1273 et seq.) section 7 of the Act prohibits the USEPA Regional Administrator and the Department from assisting by permit or otherwise the construction of any water resources project that would have a direct, adverse effect on the values for which a national wild and scenic river was established.

(b) The National Historic Preservation Act of 1966. (16 U.S.C. section 470 et seq.) section 106 of the Act and implementing regulations (36 CFR Part 800) require the USEPA Regional Administrator and the Department, before issuing a permit, to adopt measures when feasible to mitigate potential adverse effects of the licensed activity and properties listed or eligible for listing in the National Register of Historic Places. The Act's requirements are to be implemented in cooperation with the California State Office of Historic Preservation and upon notice to, and when appropriate, in consultation with the Advisory Council on Historic Preservation.

(c) The Endangered Species Act. 16 U.S.C. section 1531 et seq.) section 7 of the Act and implementing regulations (50 CFR Part 402) require the USEPA Regional Administrator and the Department to ensure, in consultation with the Secretary of the Interior or Commerce, that any action authorized by USEPA or the Department is not likely to jeopardize the continued existence of any endangered or threatened species or adversely affect its critical habitat.

(d) The Coastal Zone Management Act. (16 U.S.C. section 1451 et seq.) section 307(c) of the Act and implementing regulations (15 CFR Part 930) prohibit USEPA and the Department from issuing a permit for an activity affecting land or water use in the coastal zone until the applicant certifies that the proposed activity complies with the California State Coastal Zone Management Program, and the California Coastal Commission concurs with the certification (or the U.S. Secretary of Commerce overrides the Commission's nonconcurrence).

(e) The Fish and Wildlife Coordination Act. 16 U.S.C. section 661 et seq. requires that the USEPA Regional Administrator and the Department, before issuing a permit proposing or authorizing the impoundment (with certain exemptions), diversion, or other control or modification of any body of water, consult with the State Department of Fish and Game exercising jurisdiction over wildlife resources to conserve those resources.

(f) Executive orders. [Reserved]

(1. New section filed 5-24-91; operative 7-1-91 (Register 91, No. 22).)

Note: Authority cited: Sections 208, 25150 and 25159, Health and Safety Code. Reference: Sections 25159 and 25159.5, Health and Safety Code; 40 CFR Section 270.3.

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