Composite Training Unit Exercises and Joint Task ... - Govsupport.us

COMPTUEX/JTFEX EA/OEA Final Chapter 4INRMP and other environmental requirements. Therefore, no significant impacts to terrestrial biologicalresources would occur as a result of implementation of the No Action Alternative or Proposed Action.4.3.2.2 Summary of Regulatory Framework4.3.2.2.1 Sikes Act Improvement Act (SAIA)The Sikes Act of 1960, 16 U.S.C. 670a-670o, as amended by the Sikes Act Improvement Act of 1997,Pub. L. No. 105-85, requires, at Section 101 (a), military installations, except those without significantnatural resources, to prepare and implement integrated plans. All Department of the Navy and UnitedStates Army installation training areas where COMPTUEX/JTFEX activities will take place, have anIntegrated Natural Resources Management Plan (INRMP). COMPTUEX/JTFEX activities will beimplemented in accordance with the management and conservation criteria developed within eachINRMP. Where a plan remains to be developed or updated, the action proponent will comply with allapplicable law for the protection of natural resources found on the installation or operating area.4.3.2.2.2 Migratory Bird Treaty Act (MBTA)The Migratory Bird Treaty Act, 16 U.S.C. 703-711, directs the U.S. Fish and Wildlife Service (USFWS)to ensure the perpetuation of migratory bird populations and their habitat. The Department of Defense,pursuant to the 2003 National Defense Authorization Act, is allowed to incidentally take migratory birdsduring military readiness training activities.Section 315 of the Authorization Act also provided that the Secretary of the Interior would prescriberegulations for the Armed Forces for the incidental taking of migratory birds during military readinessactivities authorized by the Secretary of Defense. During the interim period while the regulations arebeing developed, incidental take which may occur by implementation of the proposed action, is notsubject to the take provisions within the MBTA. While the final rule implementing Congress' mandate isexpected to be promulgated soon, the proposed action is not expected to present adverse impacts onmigratory birds or a population of migratory birds species.4.3.2.2.3 Endangered Species Act (ESA)Section 7 of the ESA requires all Federal agencies to use their authorities to conduct conservationprograms and to consult with NMFS or USFWS concerning the potential effects of their actions on anyspecies listed under the ESA. The purpose of consultation is to avoid, minimize, or mitigate the impactsof their activities on listed species. The National Defense Authorization Act (NDAA) of 2004 (H.R.1588) addresses the designation of critical habitat on DoD lands that are subject to an INRMP, whilereaffirming the obligation of DoD to comply with Section 9 of the ESA to prevent extinction and takingof endangered and threatened species.The Navy has determined that COMPTUEX/JTFEX activities at San Clemente Island, Naval BaseCoronado, and MCB Camp Pendleton are consistent with terms and conditions of existing BOs.Therefore, no re-initiation of Section 7 consultation with USFWS is required. COMPTUEX/JTFEXactivities on these installations would adhere to standard operating procedures developed in accordancewith INRMPs and existing BOs.4.3.2.2.4 National Environmental Policy Act (NEPA) and Executive Order 12114Based on the analyses presented in this section including the analyses and compliance with otherregulations, the No Action and the Proposed Action will not significantly impact or significantly harmterrestrial resources.February 2007 4-82