Travis AFB Sustainability Study Report Final Background Report | Page 91
Endangered Species Act
1. a requirement that noise exposure and sources of noise be given
adequate consideration as an integral part of urban environment in
connection with all HUD programs, which provide financial support to
planning;
The Endangered Species Act (ESA) establishes a program for the
conservation of threatened and endangered plants and animals and their
habitats. The US Fish and Wildlife Service (USFWS) and National Oceanic and
Atmospheric Administration (NOAA) are the lead implementing agencies of
the ESA. The ESA requires federal agencies, in consultation with the USFWS
and/or the NOAA Fisheries Service, to ensure that actions they “authorize,
fund, or carry out are not likely to jeopardize the continued existence of any
listed species or result in the destruction or adverse modification of
designated critical habitat of such species.” The law also prohibits any
action that causes a taking of any listed species of endangered fish or
wildlife. ESA provides a platform for the protection of critical habitat and
species that may be at risk of extinction.
2. a withholding of HUD assistance for the construction of new dwelling
units on sites (which have or are projected to have unacceptable
noise exposure), or are in runway Clear Zones or incompatible uses in
Accident Potential Zones;
3. encouragement of modernization efforts for existing buildings in
noise environments; and
4. grants and allowances to state and local governments to provide
acoustical privacy in multifamily dwellings through building design and
acoustical treatment.
Section 7 of the ESA, called Interagency Cooperation, provides the
mechanism to ensure that actions taken by federal agencies do not
jeopardize the existence of any listed species. As required by Section 7,
federal agencies must consult with the USFWS when any action the agency
funds, authorizes, or carries out may affect a listed endangered or
threatened species. Section 7 consultation is the main way that federal
agencies manage takings of species or impacts to critical habitat.
Generally, external noise exposure within Noise Zone 3 (as identified in an
installation’s Air Installation Compatible Use Zone [AICUZ] Study) is
considered unacceptable without exception and within Noise Zone 2
exposure is normally unacceptable with respect to new construction.
HUD funds may also be available to encourage noise abatement planning
and acoustical treatment for proposed and existing incompatible land uses
within the AICUZ.
The ESA prohibits the "take" of listed species through direct harm or habitat
destruction. In the 1982 ESA amendments, Congress authorized the USFWS
(through the Secretary of the Interior) to issue permits for the "incidental
take" of endangered and threatened wildlife species (Section 10a (1)(B) of
the ESA). Thus, permit holders can proceed with an activity that is legal in all
other respects, but may result in the "incidental" taking of a listed species.
Residential construction may be permitted within certain noise contours,
provided sound attenuation is accomplished. The added construction
expense of sound attenuation, however, may make siting in these noise
exposure areas financially less attractive. Because the HUD policy is
discretionary, variances may also be permitted, depending on regional
interpretation and local conditions. HUD also has a policy (24 CFR 51D) that
prohibits funding for projects in runway Clear Zones and Accident Potential
Zones, unless the project is compatible with any applicable
AICUZ recommendations.
TSS Background Report
There is a variety of permits for the removal of an endangered or threatened
species (incidental take permits, enhancement of survival permits, and
recovery and interstate commerce permits). Each type of permit has a
number of prerequisites.
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