Digest of Federal Resource Laws

Memoranda of Agreement Relating To Wetlands

FmHA easements -- Interagency Agreement between the Farmers Home Administration and the Fish and Wildlife Service. Signed May 1987.

Authorities: Executive Order 11990, Protection of Wetlands; Executive Order 11988, Floodplain Management; Endangered Species Act of 1973; Coastal Barriers Resources Act of 1982; Safe Drinking Water Act of 1974; Wild and Scenic Rivers Act; Wilderness Act of 1964; Food Security Act of 1985, sections 1314 and 1318; and the Administrative Procedures Act.

Outlines the wetland easement program. Assists each agency in implementing their respective authorities.

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NAWMP/Army civil works projects Cooperative Agreement between Department of the Interior and Department of the Army Corps of Engineers with respect to the North American Waterfowl Management Program (NAWMP). Signed January 23, 1989.

Authorities: Conforms with the Memorandum of Agreement (8/20/54 and 9/21/80) between the Department of the Interior and Department of Army for carrying out fish and wildlife conservation and management activities set forth in the Fish and Wildlife Coordination Act of 1946 (60 Stat. 1080) and the Fish and Wildlife Coordination Act of 1958 (16 U.S.C. 661-666), as amended; the Forest Cover Act of 1960 (66 U.S.C. 580m-580n); the Federal Water Project Recreation Act of 1965, as amended, (16 U.S.C. 460-1(12), et seq); Section 150 of the Water Resources Development Act of 1976 (P.L.94-587); and, Section 906(e), et al, of the Water Resources Development Act of 1986 (P.L.99-662).

Provides for coordination and cooperation between the Service and Corp of Engineers for the conservation, development, and management of waterfowl habitat and associated species on Army civil works projects in support of the North American Waterfowl Management Plan (NAWMP).

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NAWMP/DoD agreement -- Joint Agreement between the Fish and Wildlife Service and the Department of Defense. Signed August 11, 1988.

Authority: Sikes Act (P.L. 86-797), as amended, and the April 7, 1978, MOU between the Department of the Interior and the Department of Defense for the Conservation and Management of Fish and Wildlife Resources on Military Installations.

Provides for coordination, development, and implementation for waterfowl management and associated wetland species on lands controlled by the Department of the Defense.

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NAWMP/NACD agreement-- Cooperative Agreement between the Fish and Wildlife Service and the National Association of Conservation Districts. Signed February 7, 1989.

Authority: Fish and Wildlife Coordination Act (48 Stat. 401, as amended; 16 U.S. C. 661 et seq).

Facilitates cooperation between the Service and NACD to accomplish specific tasks to increase waterfowl populations as outlined in the North American Waterfowl Management Plan (NAWMP).

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NAWMP/public land management -- Memorandum of Understanding among the Forest Service, the Bureau of Land Management, the Fish and Wildlife Service, and Ducks Unlimited, Inc. Signed March 14, 1984.

Authorities: Fish and Wildlife Coordination Act, 16 U.S.C. 661; Fish and Wildlife Act of 1956, 16 U.S.C. 742f(a)(4); Federal Land Policy and Management Act, 43 U.S.C. 1701, et. seq; Multiple-Use Sustained-Yield Act of 1960, 16 U.S.C. 528-531.

Provides for cooperative development of selected lands administered by BLM, the Fish and Wildlife Service, and the Forest Service in order to maintain an increase in waterfowl populations.

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NAWMP/Reclamation water management -- Memorandum of Understanding between the Bureau of Reclamation and the Fish and Wildlife Service. Signed in March 1990.

Authorities: Fish and Wildlife Act of 1956 (16 U.S.C. 742a-742j); the Fish and Wildlife Coordination Act (FWCA of 1958), as amended (16 U.S. C. 661- 666); the Economy Act of June 30, 1932, (31 U.S.C. 1535a); the Reclamation Act of 1902, as amended (43 U.S.C. 371 et seq.).

Provides for cooperation between the Fish and Wildlife Service and the Bureau of Reclamation in water management projects to implement the North American Waterfowl Management Plan (NAWMP).

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Mississippi wetlands maps -- Interagency Agreement between the Fish and Wildlife Service and the U.S. Forest Service. Signed July 3, 1989.

Authority: Emergency Wetlands Resources Act (P.L. 99-645; 100 Stat. 3582).

Outlines the procedures for sharing the cost of completion of all National Wetlands Inventory maps for all the National Forests in Mississippi.

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Park Service wetland maps -- Interagency Agreement between the Fish and Wildlife Service and the National Park Service. Signed March 1, 1991.

Authorities: Fish and Wildlife Coordination Act of 1956 and the Economy Act of June 30, 1932, as amended (31 U.S.C. 685).

Provides for cooperation in achieving respective agency goals related to wetlands inventory, classification, and mapping.

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Section 404 dispute resolution -- Memorandum of Agreement between the Department of the Interior and the Department of the Army. Signed October 25, 1985.

Authorities: Section 404(q) of the Clean Water Act (33 U.S.C. 1344(q)); section 10 of the Rivers and Harbor Act of 1899; section 103 of the Marine Protection, Research and Sanctuaries Act; and the Fish and Wildlife Coordination Act.

Outlines procedures for the referral of permit issues to higher authority for review. It involves permit proposals under section 404 of the Clean Water Act, section 10 of the River and Harbor Act of 1899, and section 103 of the Marine Protection, Research and Sanctuaries Act. There are also similar memoranda of agreement with the Environmental Protection Agency, National Marine Fisheries Service, and Department of Transportation.

Grounds for a request for a referral to higher authority may include: 1) the affected fish and wildlife resources; 2) the impacts of the applicant's proposed project on such resources; 3) the net resources losses expected from project implementation as proposed by the District Engineer, including why the proposal will not offset environmental losses; 4) the mitigation proposed by the Service, including how it will offset such losses; and 5) the specific ways in which the mitigation recommended by the Service was not fully considered by the District Engineer.

Time limits are imposed for each element of the process.

Last updated: January 10, 2013