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Federal Avian Data Center

Environmental Review

Recommendations for Incorporating Migratory Bird Considerations into Environmental Reviews
Developed by the Council for the Conservation of Migratory Birds

This guidance, currently under development, will provide information on how to incorporate considerations for the conservation and protection of migratory birds into existing environmental review processes, such as National Environmental Policy Act (NEPA).  It may also apply to other types of review processes relevant to land management plans and project development outside the scope of NEPA. It will identify sources for best practices, available data and tools, best management practices, and laws and requirements relevant to the protection of migratory birds and their habitats. This guidance reflects the recommendations of the Council for the Conservation of Migratory Birds on how to complete meaningful reviews that strive to reduce impacts to migratory birds and the habitats on which they depend for survival. It does not, however, replace or subsume relevant laws, regulations, Executive Orders (EO) or Memoranda of Understanding (MOU).

The guidance is intended for the following audiences to provide information on how bird conservation can be incorporated into NEPA and other environmental reviews to reduce impacts to migratory birds and their habitats.  

  • Federal agencies and personnel including biologists, review staff, decision-makers and NEPA/ESA compliance specialists;
  • State agencies, personnel and project proponents with actions that result in take of migratory birds;
  • Industry representatives, personnel and project proponents with actions that result in take of migratory birds; and
  • Environmental groups and public stakeholders who are interested in learning more about managing project-related impacts to migratory birds.

The information provided in this guidance is and will be subject to change based on new laws, policies, regulations or other legal requirements enacted after completion.  

 

Chapter 1: Introduction 
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Purpose of this Guidance and how to use it
Why are birds important?
Biological
Ecosystem Services
Cultural Importance

Chapter 2: Laws and Policies Regulating Birds 
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NEPA
Migratory Bird Treaty Act (MBTA)
Bald and Golden Eagle Protection Act (BGEPA)
Endangered Species Act (ESA)
Executive Order 13186 Responsibility of Federal Agencies to Protect Migratory Birds (EO 13186)
Fish and Wildlife Coordination Act
Fish and Wildlife Conservation Act
Migratory Bird Conservation Act (MBCA)
State Environmental Policy Acts
Other State Requirements

Chapter 3: Improving Efficiency of Decision Making for Programs and Projects
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What is NEPA and Environmental Review?
How can I make my environmental review more efficient and still protect migratory birds?
What tools and data sources are readily available to me?
What stressors and activities threaten migratory birds?
What conservation measures/BMPs should I recommend for specific stressors?

Chapter 4 | Recommendations Via Steps of Environmental Review Process
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Overview of Steps
Step 1: Proposal Development (Pre-NEPA)
Step 1: Recommendations
Step 2: Proposed Action
Step 2: Recommendations
Step 3: Scoping
Step 3: Recommendations
Step 4: Affected Environment
Step 4: Recommendations
Step 5: Developing and Comparing Alternatives
Step 5: Recommendations
Step 6: Analyzing Environmental Consequences
Key Steps in Addressing Impacts to Migratory Birds
Step 6: Recommendations
Step 7: Recommending Mitigation Measures
Step 7: Recommendations
Key Migratory Bird Conservation Measures/ BMPs
Step 8: Decision and Implementation
Key Considerations in Adaptive Management

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