NEPA compliance summary for WTC mitigation and permits, May 2002

NYC 9/11 Public Portal Document

federal agency to consult with USFWS and the appropriate state fish and wildlife agency, in this case the New York State Dep utment of Conservation, concerning endangered and threatened species under their jurisdiction. In compliance with these regulations, appropriate federal and state agencies were contacted to determine the potential for the proposed action to impact threatened or endangered species habitat and fish and wildlife habitat. Endangered and threatened species and critical habitat are not affected by the proposed project.

4.1.9 Migratory Bird Treaty Act (16 USC Section 703 et seq.)

The Migratory Bird Treaty Act protects game, non-game, and insectivorous birds that migrate with the changing seasons. The act makes it illegal to hunt, take, capture, or kill any migratory bird without an appropriate permit. The migratory birds are listed in 50 CFR 10.13. This protection includes the bird, the bird’s nests, and their eggs from hunting, killing, possession, selling, or buying unless otherwise permitted by regulations.

4.1.10 Federal Noxious Weed Act (7 USC 2801 et seq.) and the National Invasive Species Act of 1996 (16 USC 4701)

The Federal Noxious Weed Act prohibits introducing exotic species into any natural ecosystem, and requires control or eradication of exotic species and noxious weeds from federal lands. The National Invasive Species Act of 1996 mandates a ballast water management program for armed forces vessels to demonstrate technologies and practices to prevent the introduction of aquatic non-indigenous species into waters of the United States. Under Executive Order 13112, “Invasive Species,” all alien or exotic species are to be controlled on federal land to the maximum practicable extent. FEMA will ensure that Naval activities, or those conducted by an eligible applicant, are in accordance with federal noxious weed and invasive species programs. ’

4.1.11 Local Land Use Plans

A Special Manhattan District has been established for the area bounded by West Street, Broadway, Murray Street, Chambers Street, Centre Street, the centerline of the Brooklyn Bridge, the East Riyer, and the Battery Park Waterfront.

4.1.12 Administration of Environmental Policy

Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations and Executive Order 13045, Protection of Children from Environmental Health Risks and Safety Risks, mandate that federal agencies identify disproportionately high and adverse human health or environmental effects on minority and low-income populations and children. No disproportionate impact to minority or low-income persons living in area surrounding the WTC would be anticipated as a result of the implementation of the proposed action alternatives. No disproportionate environmental health or safety risks to children would be anticipated as a result of the implementation of the proposed action alternatives.

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