CF Regulatory Compliance & Legal Framework 2 — Questions and Answers
Question 1: Under the Clean Water Act Section 404, which agency issues permits for the discharge of dredged or fill material into waters of the United States?
- U.S. Forest Service
- U.S. Army Corps of Engineers (Correct answer)
- EPA Region Office
- State Department of Natural Resources
Correct answer: U.S. Army Corps of Engineers
Section 404 of the Clean Water Act authorizes the U.S. Army Corps of Engineers to issue permits for discharge of dredged or fill material into navigable waters.
Question 2: The Endangered Species Act requires federal agencies to consult with the U.S. Fish and Wildlife Service when a proposed action may affect a listed species. This process is known as:
- Section 9 prohibition review
- Section 7 consultation (Correct answer)
- Section 10 incidental take permit
- Section 4 listing review
Correct answer: Section 7 consultation
Section 7 of the ESA requires federal agencies to consult with USFWS to ensure their actions do not jeopardize listed species or destroy critical habitat.
Question 3: Which federal law establishes the framework for managing National Forest System lands through comprehensive land management plans?
- Multiple Use Sustained Yield Act of 1960
- National Forest Management Act of 1976 (Correct answer)
- Organic Administration Act of 1897
- Forest and Rangeland Renewable Resources Planning Act of 1974
Correct answer: National Forest Management Act of 1976
The National Forest Management Act of 1976 (NFMA) requires the Forest Service to develop and maintain comprehensive land and resource management plans for each National Forest.
Question 4: A forester conducting a timber sale on private land adjacent to a navigable stream must ensure compliance with state Best Management Practices (BMPs) primarily to protect against violations of which federal law?
- Resource Conservation and Recovery Act
- Safe Drinking Water Act
- Clean Water Act (Correct answer)
- Coastal Zone Management Act
Correct answer: Clean Water Act
State forestry BMPs are designed to prevent nonpoint source pollution runoff into waterways, directly addressing the water quality protections required under the Clean Water Act.
Question 5: Under NEPA, which document is required when a federal action is determined to have NO significant environmental impact?
- Environmental Impact Statement (EIS)
- Record of Decision (ROD)
- Finding of No Significant Impact (FONSI) (Correct answer)
- Categorical Exclusion Checklist
Correct answer: Finding of No Significant Impact (FONSI)
A Finding of No Significant Impact (FONSI) documents an agency's determination that a proposed action will not significantly affect the environment, based on an Environmental Assessment.
Question 6: The Lacey Act Amendments of 1981 make it a federal offense to:
- Harvest timber without a state license
- Import, export, transport, or sell wildlife taken in violation of state or foreign laws (Correct answer)
- Fail to report pesticide applications near wetlands
- Clear-cut within 300 feet of a designated wild river
Correct answer: Import, export, transport, or sell wildlife taken in violation of state or foreign laws
The Lacey Act prohibits trafficking in wildlife, fish, and plants that have been illegally taken, transported, or sold, including those taken in violation of state, tribal, or foreign laws.
Question 7: Which provision of the Clean Air Act is most directly relevant to prescribed burn operations conducted by foresters?
- National Ambient Air Quality Standards (NAAQS) (Correct answer)
- Prevention of Significant Deterioration (PSD)
- New Source Performance Standards (NSPS)
- Hazardous Air Pollutants (HAP) regulations
Correct answer: National Ambient Air Quality Standards (NAAQS)
Prescribed burns produce smoke that contributes to particulate matter and ozone, which are regulated under NAAQS, and burn operators must manage smoke to avoid violating these standards.
CF Regulatory Compliance & Legal Framework 2
Under the Clean Water Act Section 404, which agency issues permits for the discharge of dredged or fill material into waters of the United States?