Glossaryof Key Terms

Access roads - Provide construction and service access to each wind turbine. Adverse visual impact - An unwelcome visual intrusion that diminishes the visual quality of an existing landscape. All Appropriate Inquiries (AAI) - Part of the Phase I Environmental Site Assessment under CERCLA relative to contaminated properties, AAI involves research to determine prior ownership and use of a property. Anemometer - One of the components of a meteorological tower, the anemometer is a sensor that...

Pub JjcOutreach

The public acceptability of a wind project can often be a critical component of the success of wind development in the site area. Some important considerations include Apparent disposition of local citizens and officials State or local renewable energy policy statements or goals Local economic climate Compatibility of surrounding land uses Proximity to recreational and tourism uses Proximity to important viewsheds, historical sites, or other culturally sensitive locations Proximity to rare,...

Cercla Satisfying the Requirement for Conducting All Appropriate Inquiries

The Comprehensive Environmental Response. Compensation, and Liability Act (42 (JSC 9601 to 9675), more commonly known as CERCLA or Superfund, is the principal federal statute that governs liability with respect to contaminated properties. In general, CERCLA imposes strict, joint, and several liability for costs incurred in responding to the release of hazardous substances. It imposes liability on current owners and operators, owners and operators at the time of disposal or release, those who...

Phase II Environmental Site Assessments

If the non-intrusive Phase I ESA establishes that there is an actual or potential REC at the site, in order to be eligible for defenses from liability, the developer must continue the inquiry, using additional methods to confirm the existence of the REC and to evaluate the potential impacts for the transaction. Such additional investigations are typically known as Phase II ESAs and typically include intrusive sampling and analysis of environmental media (e.g., groundwater, surface water,...

Screening Level Assessments

As developers begin to piece together the parcels that will comprise the project site, they typically perform a screening-level assessment of the potential for environmental contamination to impact each of the properties that will comprise the final site for development. An example of such a screening tool is American Society for Testing and Materials (ASTM) International Standard E 1528-06, Practice for Environmental Site Assessments Transaction Screen Process. This type of limited inquiry is...

Assessment ESA

6.1 Purpose of Environmental Screening and Site Assessments Even if a proposed site appears relatively pristine (e.g., agricultural or vegetated lands), there may be historical contamination of soil, surface water, and groundwater from prior uses such as application of pesticides, polychlorinated biphenyls (PCBs) from transformers, leaking oil tanks, or illegal dumping. Additionally, wind developers are increasingly exploring opportunities to construct wind energy projects on or near previously...

Air Quality and Climate Impacts

Wind energy benefits the local ambient air quality and long-term health of the atmosphere because it produces electricity without emitting pollutants. Unlike conventional fossil fuel-fired electric power plants, no pollutant emissions are associated with wind power generation. To the extent that electricity produced by wind energy displaces electricity produced by fossil fuel-fired power plants, pollutant emissions are reduced and air quality is improved. Pollutants that may be reduced from...

Impact Analysis

Construction Wastes - Wastes generated during the construction of a wind energy facility will be non-hazardous solid wastes such as packing and crating materials. Some wastes with special management and or disposal requirements, such as oil wastes, may be generated. Where sites have pre-existing structures, there could be demolition wastes that must be managed appropriately. Examples of demolition-related wastes that may require special handling include asbestos-containing materials, debris...

Traffic Mitigation

The primary mitigation measure for traffic-related issues is avoidance. At locations with substandard traffic conditions, congested intersections, over-capacity roadways, or roadways with geometric conditions that can create dangerous conditions, construction vehicles should be rerouted wherever possible. Where avoidance is not possible, a traffic The pr mary mitigation management plan (TMP) should be developed to assure the safe measure for traffic-flow of traffic during construction...

Traffic Impacts Analysis

Traffic data for the network of existing roadways must be reviewed to determine the potential traffic impacts that may occur as a result of equipment delivery and construction vehicles entering and exiting the project site during construction. In addition, traffic data should be analyzed to determine whether alteration of access roads may be necessary for the operation of the project after construction is complete. In analyzing traffic data, one important measure often used is the Level of...

Transportation Mitigation

The proposed mitigation of the transportation routes can vary from minor modifications to the existing roadway to major reconstruction, depending on the specific situation. Wherever possible, rerouting Some counties have developed comprehensive transportation and capital improvement plans that should be considered in transportation planning and impact assessment. State and local travel restrictions should also be considered when developing transportation routes for oversize or overweight...

Transportation Impacts Analysis

The means for transporting the components of a wind energy project to the project site should be determined early in the development process to accurately identify risks, potential impacts, and applicable regulatory requirements. This includes identifying the origin of the components and the most efficient route to the location of the site. Knowing the origin of the components helps to identify an appropriate delivery port (if coming from an international location) as well as the nearest major...

Mitigation

Identification of communication systems near a wind project can avoid interference with signal transmission. Moving turbines outside of microwave paths and away from antennas would avoid obstructing microwave transmissions and radio broadcasts. The following mitigation measures are available when turbines cannot be moved to accommodate communication systems. Adding transmitters and receivers to the communication system Installing cable television services when available Installing directive...

LMR Operations

A LMR system is a collection of portable and stationary radio units designed to communicate with each other over predefined frequencies. LMR operations in the vicinity of wind projects include public safety organizations, such as police departments, fire departments, and medical responders, as well as private sector activities such as construction, building maintenance, and site security. In typical LMR systems, a central dispatch console or base station controls The off-air television signal...

Off Air TV Broadcast Signal Distortion

Off-air stations are television broadcasters that transmit signals that can be received from terrestrially located broadcast facilities on a tele' receiver. Off-air television signals are subject to distortion by the reflections from the turbine blades and by the attenuation of the signal passing through the wind turbines. The reflections may cause multipath distortion and ghosting. Blade motion may cause the contrast and brightness of the signal to vary. These effects apply to Analog modulated...

Lightning Strikes

Lightning strike frequency varies depending on location, ranging from the relatively high rate of occurrence in Florida (8 to 16 flashes per sq. km per year), to the near average rate in Texas (1 to 8 flashes per sq. The U.S. Department of Energy prepared a booklet in 2002 on EMF entitled Questions and Answers Electric and Magnetic Fields Associated with the km per year), to a negligible rate of occurrence on the west coast. Without lightning protection systems, wind towers or blades might...

Electromagnetic Fields

Electromagnetic Fields (EMF) emanate from any wire carrying electricity. Members of the general public are routinely exposed to these fields in their everyday lives. Possible effects associated with the electric and magnetic fields from transmission lines (or similar electrical sources) fall into two categories short-term effects that can be perceived and may represent a nuisance possible long-term health effects. The issue of whether there are long-term health effects associated with exposure...

Stray Voltage

The grounding of electrical systems results in some current flow through the earth. A small voltage develops at each point where the system is grounded. Stray voltage is measured between two points that can be simultaneously accessed by a person or animal. Stray voltages can arise from unbalanced neutral currents flowing into the earth through ground rods, pipes, or other conducting objects, or from faulty wiring or faulty grounding of conducting objects in a facility. Thus, stray voltage is...

Fire

During the construction period of a wind farm project, construction activities and personnel could increase the risk for fire hazard. Possible contributors to an increased risk include increased number of workers in an area, operation of powered machinery, and storage and handling of fuel. Historically, a small number of fires have been directly or indirectly attributed to operating wind turbines. The suspected causes of such fires include sparks or flames resulting from substandard machine...

Public Health and Safety

Potential risks to public health and safety should be identified and addressed early in the development process. This section describes key health and safety issues and mitigation techniques to be considered. These risks and associated mitigation techniques may be incorporated into an overall emergency action plan to be used throughout construction and operation by project personnel in coordination with local emergency management officials. This coordination should be initiated early in the...

Property Values

Many variables can affect property values in the vicinity of a wind farm, and these must be reviewed on a case-by-case basis. Typically, wind farms do not impact properties in a uniform manner, and the circumstances of each development can be different. Developers should work with individual landowners to discuss mitigation measures, if any, to protect property values and preserve the integrity of the property. Public outreach is a key component in addressing and mitigating any impacts to...

Mitigation Local Economy

Socioeconomic impacts are difficult to assess, as they will vary by community and region. Therefore, the developer and local surrounding communities should work together and come to agreements on project specific mitigation for each proposed wind project. It is important that the nature and extent of socioeconomic The developer and local surrounding communities should work together and come to agreements on project specific mitigation for each proposed wind project. impacts be understood...

Socioeconomics

Understanding the socioeconomic conditions of the community in which a project is proposed is important to the facility siting process. To understand the effect that a wind project would have on socioeconomic conditions, it is essential to understand the demographics (e.g., labor force, population, and housing) and economy (e.g., employment rates and opportunities, municipal budgets and taxes, and local school budgets and taxes) of the community and region. In addition, local residents may...

Cultural and Historical Resources

Cultural resources at or near proposed wind farm sites may be archaeological, architectural, or other resources that include, but are not limited to, objects, sites, buildings, structures, and traditional cultural places. In general, archaeological and architectural cultural resources may be related to either the prehistoric (before written records) or the historic (starting with written records) time periods. Traditional cultural places are generally areas that are material to an aspect of...

Visual Impact Assessment

An aesthetic or visual resource assessment that supports the siting and development of a wind farm should contain the fundamental components needed to determine and evaluate the potential for visual impacts. Those basic components include Characterization of the baseline or existing conditions. This usually requires a thorough, representative sampling of before photographs. It is suggested that these be from all directions and include near range, moderate range, and far range views of the...

Visual Aesthetics

Visual and aesthetic impacts are among the most commonly expressed concerns about the development of wind energy projects. Determination of what constitutes an adverse visual impact is highly subjective because it depends on the values, beliefs, and experiences of individual viewers. Opinions about the aesthetic qualities of wind energy facilities can vary greatly among different segments of the population and from one location to another. An adverse visual impact can be defined as an unwelcome...

Groundwater Resources

Groundwater is water that infiltrates into the earth and resides in the soil and rock below the earth's surface. Groundwater is a source of potable water and is usually cleaner and more pure than surface waters. Contamination of groundwater or disruption of the hydrologic cycle can have consequences to public health. Underground areas (i.e., soil and rock) with water-bearing zones are termed aquifers. In many regions of the country, individual aquifers may be separated by layers of...

Surface Waters Wetlands

Surface Waters include rivers, stream, lakes, ponds and other bodies of water easily seen or accessed above ground. Wetlands are areas of the land surface where soils are saturated for extended periods during the growing season or flooded during all or part of most years. They also are characterized by plant growth that has adapted to these saturated or flooded conditions. Many wetlands are seasonal, meaning that standing water is present only during a portion of every year. Wetlands provide...

Mitigation and Monitoring

Permanent disturbance of the smallest possible amount of surface area minimizes direct habitat losses. Impacts to native vegetation can be minimized by configuring a wind project to result in the loss of the smallest amount of native vegetation as feasible. In most cases, impacts on protected plant species or small and unique plant communities can be avoided or minimized by carefully planning and constructing the project. Mitigation measures such as segregation and storage of topsoil, soil...

State Owned Lands

A proposed project may necessitate acquiring the right to use land owned and controlled by a state government. For example, the project developer may identify a possible site that is located within a state forest, state park, wildlife management area, recreation area, scientific study area, or other state preservation area. Several agencies may have jurisdiction over the various types of state-owned lands, so it is important to identify the agency that is delegated with the authority to provide...

Other Applicable State Regulations

In addition to the above-referenced regulations, a wind energy project may be subject to myriad additional state regulatory programs. Although such matters will often be subject to state jurisdiction, in some cases, authority is delegated to local governments. For example, issues related to transportation of turbines and site access may require special approvals from state highway or transportation departments. Curb cut permits may be required, and separate approvals may be necessary to remove...

Agricultural Protection

Wind energy projects are often constructed on active agricultural lands. To ensure non-agricultural uses are compatible with farming operations, some states have developed applicable regulatory programs and mitigation policies. For example, in New York State, the Agriculture and Markets Law prevents unreasonable restrictions by local government rules on land use within agricultural districts unless it can be demonstrated that public health or safety is threatened. Mars Hill Wind Farm in...

Historic Preservation and Cultural Resources

As discussed in Section 4.1.3, State Historic Preservation Officers (SHPOs) administer the national historic preservation program at the state level. Federal agencies consult with the SHPO when implementing Section 106 of the National Historic Preservation Act of 1966. The SHPO Wind energy developers should become familiar with the applicable state wetland protection programs to ensure that state regulated wetlands are identified and properly delineated according to applicable protocols and...

Waterways Crossings

Wind energy projects may also be subject to state regulatory programs governing river and stream crossings. For example, construction of an access road may require a bridge or culvert, and installation of a transmission line may alter a streambed. Among other impacts, such activities can damage water quality by stirring up sediment and harming fish and other aquatic organisms. Most states retain ownership of the beds and banks of navigable waterways, and in addition to an environmental permit...

Section State Water Quality Certification

As discussed in Section 4.1.4.1, state Section 401 Water Quality Certification is required under the federal CWA for certain activities in wetlands and waters. Section 401 of the CWA gives states and tribes the authority to review projects that require federal licenses or permits and that might result in a discharge to state or tribal waters, including wetlands. For a wind energy facility, such federal approval might include a permit from the USACE pursuant to Section 404 of the CWA or Section...

Endangered Species

Wind energy projects will often be subject to state laws governing endangered, threatened, and rare species. Even with careful planning, turbines, access roads, transmission lines, and other infrastructure may impact the habitat of one or more species of concern to a state. Significantly, the state list of species of concern almost always includes species in addition to those listed under the federal Endangered Species Act (Section 4.1.2.1). State endangered species laws typically require the...

Studies for Assessing Habitat Loss Alteration Impacts to Wildlife

maps are prepared from a desktop analysis of aerial photos, existing literature, and available GIS data and then field verified can identify particular habitats or areas of the project site that are attractive to these animals information can be used to avoid siting wind turbines and other project components in close proximity to sensitive habitats presence of a specific wildlife species is not guaranteed by the presence of potentially suitable habitat additional information is necessary to...

Habitat Loss Alteration

Other wildlife species may be reluctant to cross roads, which could have adverse effects such as decreasing reproduction within the local population, causing difficulty finding mates and sufficient food, and interruption of migration routes. After construction, roads may be used as travel lanes by some predators, which could increase predation on prey species such as small mammals and herpetofauna (i.e., reptiles and amphibians). Potential avoidance of wind projects by big game such as deer and...

Other Wildlife Impact Analysis Collisions

New or upgraded roads and increased traffic may increase vehicle collision risk to other wildlife, including reptiles, amphibians, and mammals. After construction, the warmth of new roads may attract snakes and increase their risk of being struck by vehicles. Smaller, less mobile reptiles, amphibians, and small mammals may cross roads slowly and be at higher risk of being struck by vehicles. Vehicle collisions with big game and carnivores are also possible. These impacts could affect listed...

Habitat Loss

Habitat loss is relatively easy to quantify as it can be measured from design drawings or post-construction surveys. At a wind energy project, the habitat loss includes the acres of habitat converted to a permanent industrial facility, or the permanent project footprint. The permanent project footprint consists of all permanent facilities, including access roads, turbine locations, substations, O& M facilities, right-of-way under the transmission line, and any other ancillary facilities. The...

Collisions

Collisions of birds with turbines and meteorological towers can happen at wind energy projects. As with electricity projects in general, collisions with transmission lines may also occur. The majority of bird fatalities recorded are passerines (songbirds)(Erickson et al. 2001). The following table on the next page provides a summary of baseline studies that can performed at sites where bird fatalities are of concern. The studies listed would not necessarily be conducted at every wind energy...

Biological Impacts

The potential impact of wind energy projects on wildlife is one of the primary factors to consider in selecting sites for such facilities. The wind industry as a whole is investing a substantial amount of time and money to better understand the relationship between wind energy and wildlife. The potential impacts of wind projects include fatalities of birds and bats from collisions with wind turbines, meteorological towers, and transmission lines electrocution from transmission lines habitat...

Locally Owned Lands

Some portions of a wind energy project may be located on land owned or controlled by a municipality or local government entity. For example, the project developer may seek to place turbines on locally owned land, locate underground lines across public property (e.g., a park or open space), or make necessary road improvements on locally owned or controlled rights-of-way. In such cases, the wind energy developer will need to acquire the right to use the land. It is important for a developer to...

Appeal

A developer may be able to appeal an adverse local decision (e.g., an approval with conditions or denial) within a limited timeframe after issuance of the decision however, many states limit the review to the record created during the local process, so it may be important to develop a clear and legally defensible record during the initial approval process. An abutter or other party affected by the wind energy development may also have the right to appeal a decision granting approval for a wind...

Formal Application and Approval Process

Once a formal zoning application is filed, local and state laws generally require notice to the public and abutters and an opportunity for public comment, followed by a public hearing or series of hearings. At the conclusion of the public hearings, the board or commission will generally issue a written decision either approving or denying the proposed project. As noted above, a wind energy project developer should consult with local counsel with respect to the applicable public notification...

Preliminary Regulatory Analysis

This list can be used as a checklist when carrying out a preliminary inquiry into local permitting requirements to identify whether or not these typical permits apply to a project. As indicated above, it is important to distinguish between permitting requirements for a meteorological tower and the actual wind turbines and equipment comprising an operational wind energy project. Often a meteorological tower can be permitted as a temporary structure, an accessory or ancillary use to the existing...

Displacement

Displacement is poorly studied compared to the other types of impacts associated with wind energy projects. Although some limited data have been obtained at wind energy facilities, most of the concerns and predicted impacts have been based on data from analogous, non-wind developments such as roads and power plants. Displacement effects are species-specific some species do not appear to be affected, while others are. Spatial displacement can occur when certain grassland and possibly shrub...

State Environmental Laws

Numerous state regulatory programs are likely to be triggered by a proposed wind energy project. While such programs often mirror, implement (through delegated authority), or complement similar federal laws, the state version is typically more stringent than its federal counterpart. One or more of the following regulatory programs are typically encountered by wind energy projects. This list is not exclusive, and in planning a project it is critical for a developer to identify any potentially...

Typical Local Permitting Requirements for Wind Energy Projects

Development of wind project within county township Many counties have zoning ordinances that classify parts of the county or township into different districts. A wind project is often allowed as a conditional use in agricultural or industrial districts. A permit is required to demonstrate that the wind project will be compatible with the zoning ordinance. Many counties are incorporating requirements into their zoning ordinances specifically for wind projects, or Wind Energy Conversion Systems...

Blade Drop Throw

During normal operation, wind turbine rotor blades are exposed to centripetal, gravitational, and aerodynamic forces. In the course of each revolution, these forces create a cyclical combination of axial, bending, and torsional stress at each part of the blade. If all or any part of a blade detaches from the rotor, its trajectory will be dependent upon the loading and stress state at the time of failure, and on the type and progression of failure before separation. Acts of vandalism could...

Timing

Timing is a critical element for any project. Most zoning and land use regulations contain minimum public notice and comment periods, and some contain maximum timeframes for permitting authorities to render decisions. These timeframes are often extended upon agreement by the applicant. An appeal of a decision must be filed within a certain period, often as short as 10 to 30 days. The developer must become familiar with the applicable deadlines and appeal periods for each permit and approval...

State Environmental Impact Review Laws LittleNEPAs

Many states have their own environmental impact review or environmental planning laws. The impetus for these laws can be traced to passage of NEPA in 1969, discussed in Section 4.1.1. The review and documentation required under these state laws often parallel those required under the federal statute. As a result, these state equivalents are often referred to as little-NEPAs. In New York, commercial-scale wind projects typically have to prepare an environmental impact statement under the State...

Studies

Studies of effects using a Before-After-Control-Impact (BACI) design can provide credible evidence as to whether any post-construction changes observed are the result of the wind energy facility itself or other action, such as mitigation, instead of natural or other man-made variations or land management. Aside from fatalities, species scarcity results from displacement when species avoid the area within a certain distance of a wind turbine. To a lesser extent, before-after studies at a project...

Section National Pollutant Discharge Elimination System

The National Pollutant Discharge Elimination System (NPDES) permit program controls water pollution by regulating point sources that discharge pollutants into waters of the United States. The CWA authorizes EPA to implement the NPDES program. However, EPA has delegated its authority to most states and some Indian tribes. In those jurisdictions where EPA remains the permitting authority, the applicable regional office of EPA issues the NPDES permits. A chart summarizing NPDES delegation...

Interim Guidelines Federal Advisory Committee

On May 13, 2003, the FWS within the DOI issued Interim Guidance on Avoiding and Minimizing Wildlife Impacts from Wind Turbines (Interim Guidelines). The FWS indicated its intent to evaluate the guidance over a two-year period. On December 8, 2003, AWEA submitted comments on the Interim Guidelines to the FWS. AWEA noted that the lack of consultation with the wind industry prior to issuance of the guidance had resulted in a document that has technical flaws, contains inaccurate assumptions, and...

Ground Transportation and Traffic

Ground transportation and traffic impacts associated with wind energy projects typically include impacts on the transportation system itself (e.g., the physical properties of the road system) and impacts on traffic that uses the transportation system. Such impacts arise almost entirely during the construction period. Studies in the United Kingdom and elsewhere show that while wind turbines can cause clutter on radars, there are engineering solutions that can be implemented and explored further....

Impact Analysis Microwave and Radar Systems

Microwave telecommunication systems are wireless point-to-point links that communicate between two sites (antennas) and require clear line-of-site conditions between each antenna. Obstructions between transmitters reduce the reliability of the transmission. Protection against lightning strikes is built into the electrical systems of all wind energy projects. A Licensed Microwave Search and Worst Case Fresnel Zone (WCFZ) Analysis can be carried out to identify microwave paths within a project...

Fish and Wildlife Endangered Species

The Endangered Species Act ESA 16 USC 1531 - 1544 establishes measures to prevent extinction of fish, wildlife, and plant species. The purpose of the ESA is to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conserved and to provide a program for the conservation of such species. ESA 2 b . Section 3 of the ESA defines terminology. Section 7 mandates interagency consultation for activities that may affect protected species. Section 9...

Paymentin LieuofTaxes PILOT

Often the key to reaching agreement with local officials on siting issues and various other local project impacts, regardless of their particular approval process used by such officials, is the size and form of annual community compensation that will be received from the project developer, owner, or operator. Virtually all wind farm facilities will be subject to property taxes and from more than one local taxing entity e.g., town, school system, county . Because the property tax obligation can...

Phase I Environmental Site Assessment

To minimize liability under federal or state law, or if the results of the screening tool mentioned above demonstrate a need to do so, the developer may consider performing a Phase I Environmental Site Assessment consistent with ASTM Standard E 1527-05 - Standard Practice for Environmental Site Assessments Phase I Environmental Site Assessment Process. Several major federal statues impose liability with respect to contaminated lands and waters, including the Comprehensive Environmental...

Meteorological Towers

Meteorological towers, or wind measurement systems, include three major components 1 anemometers, which are sensors that measure wind speed and direction, 2 a data logger, and 3 a meteorological mast. These towers can also be equipped with sensors to measure temperature and pressure. Meteorological towers can be of steel tube or lattice construction, and can be free-standing or guyed. These towers may be temporary to assess the wind resource prior to the development of a project, or permanent...

Planning Public Outreach

Planning public outreach is a crucial aspect of the siting process and should be commenced in the initial planning stages. To the extent members of the public After identifying the considerations most relevant to a particular community, the developer may prepare an outreach plan to address community concerns and build project support. Sheep grazing near the Shiloh Wind Project in Solano County, California. Photo courtesy of PPM Energy. Sheep grazing near the Shiloh Wind Project in Solano...

Ice Shedding

Wind turbines can experience periods when the weather conditions will result in ice build-up on the exposed parts of the turbine. In addition, it has been observed that the moving turbine rotor is liable to accrete heavier quantities of ice than the stationary components of the wind turbine. It has also been observed that the rotor ice can break off, and if the rotor is moving, be cast some distance. Field observations indicate that most ice shedding occurs as temperatures rise and ice thaws...

Habitat Alteration and Fragmentation

Habitat alteration is a broad term that includes many kinds of changes to habitats. In this context, alteration is defined as any change in the biological characteristics of a habitat that supports a particular assemblage of species. Alteration can have beneficial, adverse, or no impact on a particular species. Examples of habitat alteration resulting from wind energy projects include changes in plant communities from invasion by weeds, increased wildfires, habitat conversion, increased human...

Constraints

A constraints map is a useful tool for graphically depicting the environmental and land use constraints that limit the desirable area for development at a site. The constraints map enables the developer to ascertain the number of turbines that can be located on the site. It also identifies features that may present challenges for siting ancillary facilities. The constraints map uses a base map that shows the wind resource and parcel information. Mandatory or other appropriate setbacks can be...

Bald and Golden Eagle Protection

Bald Eagle Protection Act

The Bald and Golden Eagle Protection Act Eagle Protection Act was passed in 1940 to prevent the extinction of the bald eagle and was amended in 1962 to include protection of the golden eagles 16 USC 668-668d . The Eagle Protection Act makes it unlawful to take, possess, sell, purchase, barter transport, export or import any bald eagle or golden eagle, their parts, nests, or eggs 16 USC 668 a . Take means to shoot at, poison, wound, kill, capture, trap, collect, molest or disturb, the eagles 16...

National Environmental Policy

Environmental Scoping Process

Signed into law on January 1, 1970, the National Environmental Policy Act NEPA 42 USC 4321 was the first major environmental law in the United States. This important statute established a national environmental policy and required federal agencies to undertake an assessment of the environmental effects of their proposed actions prior to making decisions. Regulations promulgated by the Council on Environmental Quality CEQ 40 CFR Parts 1500 - 1508 implement the procedural provisions of NEPA, and...

Forest Service

Department of Agriculture USDA , is responsible for managing 193 million acres of National Forest System NFS lands. Wind energy uses are governed by the Forest Service's special use regulations at 36 CFR part 251, subpart B. Wind energy proposals and applicants are currently processed in accordance with 36 CFR 251.54 and direction in Forest Service Manual 2726 and Forest Service Handbook 2709.11 on administration of special uses. R lt for utilization of NFS...