FEDERAL AGENCIES DEPARTMENT OF AGRICULTURE United States Forest Service (USFS) U.S. Natural Resource Conservation Service (NRCS) DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration (NOAA) National Marine Fisheries Service (NMFS) DEPARTMENT OF DEFENSE U.S. Army Corps of Engineers (COE) DEPARTMENT OF ENERGY Federal Energy Regulatory Commission (FERC) DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration (FDA) DEPARTMENT OF THE INTERIOR U.S. Bureau of Land Management (BLM) U.S. Bureau of Reclamation (USBR) U.S. Geologic Survey (USGS) U.S. Fish and Wildlife Service (FWS) National Park Service (NPS) DEPARTMENT OF TRANSPORTATION U.S. Coast Guard OTHER FEDERAL AGENCIES U.S. Environmental Protection Agency (EPA) (Independent Agency) Council on Environmental Quality (CEQ) Federal Emergency Management Agency (FEMA) CALIFORNIA STATE AGENCIES BUSINESS AND TRANSPORTATION AGENCY Department of Transportation (CALTRANS) ENVIRONMENTAL PROTECTION AGENCY (Cal-EPA) Office of the Secretary for Environmental Protection Air Resources Board (ARB) Integrated Waste Management Board (IWMB) State Water Resources Control Board (SWRCB) Regional Water Quality Control Boards (RWQCB) Department of Toxic Substances Control (DTSC) Department of Pesticide Regulation (CDPR) THE RESOURCES AGENCY Office of the Secretary for Resources San Francisco Bay Conservation and Development Commission (BCDC) California Coastal Commission (CCC) Delta Protection Commission (DPC) Department of Boating and Waterways (B&W) California State Coastal Conservancy California Tahoe Conservancy Colorado River Board of California Department of Conservation (DOC) Department of Fish and Game (DFG) Wildlife Conservation Board (WCB) California Fish and Game Commission Department of Parks and Recreation (DPR) Department of Water Resources (DWR) California Water Commission Energy Commission (EC) Department of Forestry and Fire Protection (CDF) HEALTH AND WELFARE AGENCY Department of Health Services (DHS) GOVERNOR'S OFFICE State Historic Preservation Office (SHPO) Office of Planning and Research (OPR) Office of Emergency Services (OES) California State Lands Commission
Much of the text for this overview of the functions of State and Federal Agencies has been excerpted from the following reports:
California's Rivers: A Public Trust Report. 1993. Prepared for the California State Lands Commission.
Santa Margarita River Watershed: Today's Management Framework - Participants in Profile. 1995. An Information Publication for the Santa Margarita River Watershed Management Program. Rivers and Trails Conservation Assistance Program, National Park Service.
The United States Forest Service (USFS) manages approximately 20 million acres of National Forest lands, or about 20 percent of the land in California. By law, National Forest resources are managed for many uses including water supply and watershed protection, timber, range, fishery and wildlife habitat, and recreation. About 50 percent of the water supply in California originates in watersheds within National Forests, and the headwaters of most rivers and streams are found in National Forests. Approximately 1,000 miles of Federally designated Wild and Scenic Rivers originate or pass through one or more National Forest. Some 3.9 million acres have been set aside as Wilderness under the Wilderness Act of 1964.
Management of riparian and aquatic resources in the National Forests is guided by Standards and Guidelines found in individual Forest Land and Resource Management Plans, as well as national environmental legislation such as the Clean Water Act, the Clean Air Act, and the Endangered Species Act. All National Forests utilize a special management designation for riparian areas (Streamside Management Zone) and land management activities that affect the riparian area may be modified or curtailed when impacts to riparian resources are anticipated. Wildlife management on the forests is conducted in cooperation with the California Department of Fish and Game (DFG).
The mission of the Natural Resource Conservation Service (NRCS) is to assist in the conservation, development, and productive use of the nation's soil, water, and related resources. Formerly known as the Soil Conservation Service (SCS), the NRCS provides guidance in the conservation and sustainable use of California's non-Federal lands through local Resource Conservation Districts. Technical assistance is provided to individuals, cities, and counties in the inventory, planning, and installation of natural resource conservation measures. This assistance includes soil, water and other resource inventories, and the development of appropriate Best Management Practices (BMP's) to protect the quality and/or the quantity of soil, water, air, vegetation, and wildlife resources.
NRCS administers the Water Bank Program, with assistance from the Agricultural Stabilization and Conservation Service and other agencies. The objectives of the program are to preserve, restore, and improve habitat in important migratory waterfowl nesting and breeding areas and to benefit other wildlife resources. Landowners with eligible wetlands may enter into agreements to receive annual payments for conserving land as wetlands.
NRCS participates in the implementation of Farm Bills enacted in 1985 and 1990 with the objective to retire farm lands that have identified soil and water problems. Landowners with eligible lands may enter into agreements to receive annual payments.
The National Oceanic and Atmospheric Administration (NOAA) is the Federal government's primary source of data and information on problems of the ocean and the atmosphere. NOAA's activities include providing information on resources of river estuaries; performing assessments, research, and syntheses/prediction; monitoring ambient levels of pollutants in the sediment and water column; and researching the effects of pollution on estuary habitats, organisms, and subsequently, human health.
NOAA administers the Coastal Zone Management Act (CZMA) (amended 1990), the purposes of which are to enhance the effectiveness of the CZMA of 1972 by increasing understanding of the coastal environment and expanding the ability of State coastal zone management programs to address coastal environmental problems; and controlling land use activities which result in non-point pollution of coastal waters, and which anticipate sea level rise. It also provides a procedure for State inland coastal boundaries to be modified to the extent necessary to control the land and water uses that have a significant impact on coastal waters of the State.
Federally funded projects and projects on Federal lands must be consistent with the State Coastal Zone Management Program; Section 404 (Clean Water Act) permit actions must also be consistent with the CZMA programs.
NOAA also administers the National Estuarine Research Reserve System (NERRS) which provides estuarine site acquisition for research and education.
The National Marine Fisheries Service's (NMFS's) mission is to conserve, manage and develop living marine resources, and to promote the continued utilization of these resources for the nation's benefit. Although NMFS jurisdiction and management activities are primarily confined to the coastal zone and its network of estuaries, the agency also is an advocate of measures to protect the health of anadromous species such as salmon. NMFS, together with eight Regional Fishery management Councils and the coastal States, manages U.S. fisheries under the authority of the Magnuson Fishery Conservation and Management Act, the Fish and Wildlife Coordination Act, and many other Federal statutes. Together with the States and the U.S. Coast Guard, NMFS also operates a stringent program to enforce fisheries and protected species laws.
Each NMFS Regional Office is served by a Science and Research Center that conducts the studies necessary to support management decisions. Research that contributes to this important work is conducted at the 24 NMFS laboratories which collect fisheries statistics, perform resource and environmental surveys, study the biology and population structures of marine species, analyze the ecosystems that control the abundance and distribution of living marine resources, and investigate contaminants of the nation's seafood supply.
NMFS serves as a caretaker for many marine species protected under the Endangered Species Act, including stocks of Pacific salmon. NMFS works to recover these depleted resources, protecting species from activities that threaten their safety and critical habitat.
The mission of the United States Army Corps of Engineers (Corps) is twofold: 1) to provide engineering expertise and oversight for military and certain non-military construction and public works projects; and 2) to ensure the navigability and environmental protection of the waters of the United States. The Corps is the principal Federal agency involved in the regulation of wetlands; however, the Environmental Protection Agency (EPA) has oversight responsibilities.
The Corps carries on an extensive Civil Works (water resources development) program, including the planning, design, construction and operation of flood control and navigation projects, levee systems, and shoreline erosion control works. Much of Corps work, with respect to inland waterways during the past half century, has been engineered flood control facilities and the creation and maintenance of navigable shipping channels.
Since 1890, the Corps has regulated activities in the nation's waterways, primarily to remove obstructions and ensure navigability for commerce and recreation. Starting in the late 1960's, this regulatory role broadened to include consideration and protection of the environmental values of waters of the United States.
Under Section 404 of the Clean Water Act (CWA) of 1974, the Corps's regulates the placement of fill in all waters and wetlands of the United States. The CWA specifically defines "waters of the United States" to be all navigable waters and their tributaries, all interstate waters and their tributaries, all wetlands adjacent to these waters and all impoundments of these waters. Wetlands are defined in the CWA as "areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support a prevalence of vegetation typically adapted for life in saturated soil conditions.
Approval by the Corps is required prior to the discharge of dredged or fill material into the waters of the U.S. When reviewing Section 404 permit applications, the Corps follows guidelines issued by the EPA under Section 404(b)(1) that prohibit discharges into aquatic areas where less environmentally damaging, practicable alternatives exist. The Corps is authorized by the CWA with enforcement authority for violations of Section 404 as is the EPA. Prior to issuance of a Section 404 permit, the Corps must receive certification from the Regional Water Quality Control Board and the State Water Resources Control Board that the proposed activity will comply with all applicable effluent limitations and water quality standards of the CWA. The Corps issues several types of Section 404 permits for the discharge of dredged or fill material, including individual, regional, and nationwide permits.
The Corps administers Section 10 of the Rivers and Harbors Act, first enacted in 1899, which prohibits the obstruction or alternation of any navigable waters of the United States. Under the Act, permits are required to excavate or deposit material, or to do any work affecting the course, location, condition, or physical capacity of navigable waters of the U.S. The requirements of this Act apply only to the area covered by the "ordinary mean high water," which is the average height of high water. Permit evaluation requires environmental and public interest reviews comparable to those required under Section 404 of the CWA.
The Federal Energy Regulatory Commission (FERC) is the licensing entity for hydroelectric projects on inland waterways and its jurisdiction over such projects has been held by the courts to be preemptive of State jurisdiction for many purposes. FERC operates under the authority of the Federal Power Act, amended by the Electric Consumers Protection Act of 1986. It is required to give equal consideration to and balance, in the public interest, all uses of the waterway on which a project is located. When FERC reviews competing interests, the environment, recreation, fish and wildlife, and other non-developmental values are to be equally considered with power and other developmental values. FERC independently weighs the economic and environmental trade-offs of the various developmental and non-developmental uses of the waterway when determining whether, and under what conditions, it licenses or relicenses a hydropower facility. Its analysis includes consideration of the recommendations of Federal and State natural resource agencies.
The Food and Drug Administration (FDA) sets and enforces allowable levels of toxics in food, controls fish catches transported between States, and monitors catches in Federal waters.
The Bureau of Land Management (BLM) is a Federal agency within the United States Department of the Interior responsible for the management of public lands and resources. BLM manages California's "public domain." Public domain includes all of the unsold Federal lands within the State which are not withdrawn or reserved for some other Federal purpose (e.g., Department of Defense, National Forests, National Parks and Monuments, Strategic Petroleum Reserve, Water Project, etc.) While the majority of BLM lands are located in the southern California deserts, public lands exist throughout the State.
BLM management is based upon the principles of multiple-use and sustained yield, which strives to balance the nation's short-term needs with the long-term needs of future generations for renewable and non-renewable resources. The Federal Land Policy and Management Act of 1976 gives the BLM authority to establish policy and guidelines for the management, protection, development, and enhancement of public lands managed by the BLM. BLM is mandated by the Federal Land Policy & Management Act of 1976 to manage public lands for multiple uses, including recreation, wilderness, animal and plant species, grazing, mining, and alternative energy. The Act authorizes the use of Areas of Critical Environmental Concern (ACEC) to protect and prevent irreparable damage to important historic, cultural, and scenic values; fish or wildlife resources; other natural systems or processes; or to protect human life and safety from natural hazards.
Much of BLM's jurisdictional area encompasses rivers and streams with very substantial recreational and ecological value. BLM manages the riparian areas along those streams which flow through its jurisdictional area as part of its mandate to provide for multiple use of its resources. BLM recently completed a Riparian/Wetland Stateside strategy that calls for interdisciplinary planning, on-the-ground improvements of wetland/riparian areas, monitoring, out-reach efforts, and expanding work with partners and volunteers to restore and enhance wetland/riparian areas.
BLM is consolidating public land parcels through land exchanges and Land and Water Conservation Fund purchases in order to improve management or riparian areas along rivers. BLM is also involved in Challenge Cost Share programs with environmental groups, private organizations, and other government agencies.
BLM is developing cooperative agreements with farmers and cattle ranchers to help protect riparian areas. BLM has revised its grazing management plans to reduce overgrazing near sensitive stream and river banks and to increase monitoring. With the help of volunteers, BLM has been fencing riparian areas in order to provide appropriate livestock grazing prescriptions, rehabilitating closed roads, and restoring native plant species along river banks.
BLM takes part in the Coordinated Resource Management Planning (CRMP) process. The CRMP process is a collaborative public-private project planning and implementation process which seeks to involve all interested parties in management and restoration decisions and in project implementation. CRMP projects include innovative bank restoration projects and restoration of riparian habitat. BLM is also participating in bioregional planning and management efforts.
The Bureau of Reclamation (USBR) is an agency of the Department of the Interior. Its mission is to manage, develop, and protect water and water-related resources in an environmentally and economically sound manner in the interest of the American public. As part of its responsibilities, the USBR provides States or State entities with technical assistance on projects already underway, consistent with the State's needs and the USBR's capability.
The USBR constructs and maintains Federal water development and reclamation projects including those along the Colorado River and the vast Central Valley Project (CVP). It provides water for irrigation, municipal and industrial use, hydro-electric power generation, water quality improvement, wind power, fish and wildlife enhancement, outdoor recreation, river regulation, and flood control. The USBR plays a major role on the more significant river systems, and a lesser role on their tributaries. The Central Valley Project Improvement Act requires the USBR to put environmental uses of CVP water on an even footing with urban and agricultural consumptive uses, and also guarantees minimum quantities for fishery protection under specified circumstances.
The USBR controls about 1.1 million acres in California, all of which are related to completed or authorized projects. Activities include the Central Valley Project, including Shasta, Clair Engle, Whiskeytown, New Melones, Folsom, San Luis and Millerton lakes, and major canals and hydroelectric facilities; the All-American Canal system in the Imperial Valley; and the Parker, Davis, Cachuma, Klamath, Orland, San Diego, Solano, Truckee Storage, Ventura River, Santa Maria, and Washoe projects.
The USBR is signatory to the Coordinated Operating Agreement between the CVP and the State Water Project (SWP) (1986), which provides that both the CVP and SWP are subject to water quality standards and export decisions taken from the State Water Resources Control Board (SWRCB) Water Rights Decision 1485; provides for CVP/SWP proportional splits of 75/25 responsibility for meeting in-basin use from stored water releases and 55/45 for capture and export of excess flow; requires a commitment of about 2.3 million acre-feet from both projects during a critical water supply period.
The USBR also funds and participates in the Interagency Ecological Study Program.
The U.S. Geologic Survey (USGS) provides geologic, topographic, and hydrologic information that contributes to the management of resources. USGS collects data on a routine basis to determine quantity, quality, and use of surface and groundwater; conducts water resources appraisals describing the consequences of alternative plans for developing land and water resources; researches hydraulics and hydrology; and coordinates all Federal water data acquisition.
The Fish and Wildlife Service (FWS) is the principal agency through which the Federal government carries out its responsibilities to conserve, protect, and enhance the nation's fish and wildlife and their habitats for the continuing benefit of the people. The agency's major responsibilities are for migratory birds, candidate species, endangered species, certain marine mammals, and freshwater and anadromous fishes. Nationwide, the FWS's role is both a regulatory agency with jurisdiction over both public and private lands and a land management agency for Federal wildlife refuges.
FWS's programs include fish and wildlife conservation; technical assistance on wildlife management to Federal, State, and local agencies; migratory birds; the acquisition of areas for management and protection of migratory birds; wetlands conservation; funding for wetlands acquisition; the conservation of estuarine areas under the Estuarine Areas Act (PL 90-454); the National Wetland Inventory and insuring compliance with NEPA.
Pursuant to the Fish and Wildlife Coordination Act of 1958, the FWS investigates and makes recommendations on water projects planned by the U.S. Army Corps of Engineers (Corps) (Section 10 and Section 404) and hydropower projects licensed by the Federal Energy Regulatory Commission (FERC). As provided by the Clean Water Act and the Fish and Wildlife Coordination Act, the FWS reviews Section 404 dredge and fill permits administered by the Corps.
The FWS implements various provisions of the Endangered Species Act (ESA). These provisions include: species listing, consultations and permits for possible "incidental takes" of listed species, and oversight and approval of Habitat Conservation Plans. The act provides for the establishment of lists of threatened and endangered species. Any inclusions to or deletions from the lists must come after proper notice and, if requested, public hearing. The lists are reviewed every five years to determine if any species should be removed or have its status changed.
The Secretary of the Interior may also identify critical habitat and impose regulations governing those areas. The Secretary of the Interior is also directed to establish programs for the conservation and recovery of listed species, including the acquisition of land and other interests affecting habitat.
Under the Migratory Bird Conservation Act of 1929, 16 U.S.C. §715, the FWS is authorized to acquire lands for conservation of migratory waterfowl and the Fish and Wildlife Act of 1956 authorizes the acquisition of lands for wildlife refuges. The FWS manages the Kern National Wildlife Refuge, Klamath Basin National Wildlife Refuge, Modoc National Wildlife Refuge, Sacramento National Wildlife Refuge, Salton Sea National Wildlife Refuge, San Francisco Bay National Refuge, and San Luis National Wildlife Refuge.
The National Park Service (NPS) in California has jurisdiction of and manages five river segments designated under the National Wild and Scenic Rivers System within National Park Units: the Tuolumne River including Lyell and Dana Forks (Yosemite); the Merced and South Fork Merced rivers (Yosemite); the Middle and South Fork Kings rivers (Sequoia/Kings Canyon National Park); and the North Fork Kern River (Sequoia/Kings Canyon). In addition, other river segments potentially eligible for designation under the National Wild and Scenic Rivers Act §2(a)(ii) flow through National Parks and are managed under existing NPS laws and regulations. Research on and management of these river segments are addressed in each park's general management plan and resources management plan.
NPS acts on behalf of the Secretary of the Interior in reviewing impacts on State administered components of the national Wild and Scenic Rivers System when these segments are not under the jurisdiction of any other Federal management.
The Rivers, Trails and Conservation Assistance (RTCA) program of the NPS cooperates with and assists States, local governments, and citizen groups to protect and restore river corridors, to establish trail systems, and to conserve open space. The goal of this outreach service is to share the expertise and experience of the NPS with groups working to protect their river and trail resources. RTCA, in partnership with the California Resources Agency, is currently undertaking a statewide rivers assessment to enhance the planning and conservation of California's river resources. The goal of the assessment is to create an informational planning and decision making tool that can be used by resource management agencies, river related organizations and decision-makers to design effective river management strategies. RTCA works through the invitation of a local or State group.
The U.S. Coast Guard enforces Federal fisheries laws; promotes navigation and boating safety; aids vessels in distress; and protects ports, waterways, and shoreside facilities. The Coast Guard is the primary enforcement agency for ocean disposal activities and assists the COE in monitoring the activities of disposal barges. The Coast Guard has increasing control over spills of pollutants and requires and enforces contingency cleanup plans for accidental spills.
The Environmental Protection Agency (EPA) was established in 1970 to protect, maintain, restore, and enhance environmental quality and human health through the regulation of activities that have potentially harmful effects on air, water, and land resources. The EPA is charged with protecting the environment through pollution prevention, reduction, remediation, and education. In so doing, it is the EPA's expressed intent to use the best available scientific information to: 1) foster the integration of economic development and environmental protection so that economic growth can be sustained over the long-term; and 2) to ensure that decisions affecting energy, transportation, agriculture, industry, international trade, and natural resources fully include considerations of environmental quality.
The EPA exercises authority through the National Pollution Discharge Elimination System (NPDES), National Pretreatment Program, Ocean Dumping/Dredging and Fill, and has delegated to States the authority to certify that permitted actions are consistent with the State's water quality objectives under the Clean Water Act. While the EPA is responsible for the administration of the Clean Water Act, management of water pollution control generally is the responsibility of the States.
Section 402 of the Clean Water Act requires the EPA to establish regulations setting forth a program of National Pollution Discharge Elimination System (NPDES) permits for effluent discharges from point sources of pollution to surface waters. Point sources include, for example, municipal stormwater management systems, manufacturing plant effluent, sewage treatment plants and stormwater runoff from certain industrial and construction sites. NPDES permit programs are delegated to the states once the EPA has approved the State permitting process. However, the EPA retains oversight and authority to object to individual permits when deemed necessary for water quality protection.
The EPA also has responsibilities under Section 404 of the Clean Water Act. This section regulates the discharge of dredged and fill material to waters of the United States. The EPA reviews and comments on public notices and pre-discharge notification for individual and nationwide permits, respectively. EPA and the U.S. Army Corps of Engineers have independent enforcement authority under Section 404.
In addition to its regulatory responsibilities, the EPA provides technical assistance, conducts educational activities, and provides grant funding to State and local governments for a variety of pollution prevention and reduction activities in the watershed.
The Council on Environmental Quality (CEQ) was established by the National Environmental Protection Act of 1970 with the responsibility to inform and advise the President and Congress on environmental problems and issues. It is a three-member commission whose chairperson and members are nominated by the President and confirmed by the Senate. It is within the Executive Office of the President. Among its more notable accomplishments are an annual report on the state of the nation's environment and the Global 2000 Report, a status report on the world's environment which contributed significantly to the knowledge of environmental problems and trends.
The Federal Emergency Management Agency (FEMA) provides flood insurance to jurisdictions that meet the criteria for participation in its program. The program was initiated to encourage better floodplain management and reduce damages in flood-prone areas. To identify flood-prone areas, FEMA requires delineation of a 100-year floodplain, which is then subject to regulation. In developed or developing areas, FEMA also identifies a part of the floodplain called the "floodway" that is subject to extreme limitations on development. In general, structural developments are prohibited in the floodway. The floodway is technically defined as the portion of the floodplain which is required to convey the 100-year peak flow with no more than a one-foot increase in the computed water surface elevation. Development is generally allowed outside of the floodway, although purchase of flood insurance is generally required.
The Department of Transportation's (CALTRANS') role, with respect to rivers, is both direct and indirect. Caltrans is responsible for the construction and operation of the State's extensive primary and secondary State Highways system. It constructs and maintains bridges over almost every river in the State.
CALTRANS planning for the construction of new bridges crossing rivers, creeks, and wetlands and highways adjacent to wetlands and river systems requires mitigation of impacts to wetland, stream, and riparian habitats and their botanical, fish, and wildlife resources.
CALTRANS becomes involved when riverbed degradation caused by aggregate extraction operations leads to a lowering of river beds in the vicinity of highway bridges and/or the erosion of engineered fills along waterways.
The Office of the Secretary coordinates functions that cut across the various Cal-EPA programs designed to address pollution in specific media (e.g., air, surface water, groundwater, land disposal) and serves as the primary point of accountability for the management of environmental protection programs. The secretary chairs the Environmental Policy Council, which includes the heads of the constituent boards, departments and offices of the Cal-EPA, and the governor's Office of Planning and Research.
The Air Resources Board's (ARB's) mission is to control air pollution and improve air quality throughout California. Its primary responsibility is to control motor vehicle pollution and oversee the activities of 14 local air pollution districts which regulate industrial sources of air pollution.
The ARB establishes air quality standards, researches pollution problems, monitors air quality, inventories major sources of air pollution and regulates agricultural burning. Although the activities of the ARB do not directly affect rivers and creeks, some of the ARB's policies may result in indirect impacts to watersheds and water resources and fish and aquatic life (e.g., restrictions on prescribed burning and implementation of the Rice Straw Burning Reduction Act of 1991).
The Integrated Waste Management Board (IWMB) was established in 1990 as the State's lead agency for managing solid waste in California. The board's role is to protect the public and environment from any deleterious effects of solid waste management by establishing regulations that meet environmental concerns and provide flexibility to local governments.
The State Water Resources Control Board (SWRCB) is responsible for both the allocation of water rights and, through the Regional Water Quality Control Boards (RWQCB), for ensuring compliance with State and Federal water quality laws, including the Porter-Cologne Act and the Clean Water Act.
In its capacity as permitter and regulator of appropriative water rights, the SWRCB acts as public trustee of the State's ownership interest in the water. As trustee, the agency must allocate water equitably among potential consumptive uses, while guaranteeing that in-stream public trust resources receive enough residual flow so that they are not impaired.
The SWRCB develops control strategies for pollution sources and management plans. Assessment reports identify categories of pollution, identify surface water bodies that would not attain water quality standards without pollution source controls, describe the development of "Best Management Practices" (BMP) for control of pollution sources, and review existing control programs.
The SWRCB is charged with establishing water quality standards for the Central Valley Project (CVP) and the State Water Project (SWP). The SWRCB reviews applications for the diversion of water from the Delta or its tributaries to determine the effect of the proposal on the quantity and quality of the water, and the resultant effect on other uses of water in the system.
The SWRCB is also chiefly responsible for implementing Section 208 of the Clean Water Act, the mandate to control pollution. The SWRCB and RWQCB review all proposed activities in the waterways that require Federal grants, licenses, or permits to determine the effect of the proposed action on water quality.
The State is divided into nine separate regions for the purpose of regionally administrating the State's water quality control program. Regional Water Quality Control Boards (RWQCB) are appointed for each region. The RWQCB act as agents of the State Water Resources Control Board (SWRCB) and the Environmental Protection Agency (EPA).
The role of the RWQCB is to protect surface and groundwater quality, and the beneficial uses of the waters throughout the region by: 1) issuing waste discharge requirements (permits) regulating the discharge of waste to surface and groundwater; 2) enforcement of waste discharge requirements by the issuance of cease and desist orders, cleanup and abatement orders, administrative civil liability orders, and court action; 3) water quality control planning within the region; and 4) surveillance and monitoring to detect new sources of pollution and to ensure that ongoing discharges are in compliance with waste discharge requirements.
The legal requirements and responsibilities of the Regional Boards are found in the Federal Clean Water Act and in the California Water Code. The Federal Clean Water Act (Public Law 92-500, as amended) provides for the delegation of certain responsibilities in water quality control and water quality planning to the states. Where the EPA and the SWRCB have agreed to such delegation, the Regional Boards implement portions of the Clean Water Act, such as the NPDES program and toxic substance control programs.
The Porter-Cologne Water Quality Control Act, Division 7 of the California Water Code, establishes the SWRCB and the Regional Boards as the principle State agencies responsible for the control of water quality. The Act empowers the Regional Boards to formulate and adopt a Water Quality Control Plan, also known as a Basin Plan, for their particular region. Each Basin Plan is a "blueprint" upon which decisions regarding individual actions are based. The California Water Code requires the following information in the Basin Plans: 1) a designation of all beneficial uses of ground and surface waters to be protected ("beneficial use" is defined as the use of water necessary for , or to enhance the quality of, man's well-being); 2) a designation of all water quality objectives needed to protect the beneficial uses; 3) an implementation program to achieve the water quality objectives; and 4) a description of the surveillance and monitoring activities to evaluate the effectiveness of the Water Quality Control Plan. Basin Plans are implemented through the Regional Board's approval of "waste discharge requirements" as well as requiring holders of discharge permits to conduct monitoring and report their results to the Board. The enforcement powers of the Board are both administrative and judicial. A basin Plan or revisions to it are effective only after approval by the RWQCB, SWRCB, and the Office of Administrative Law (OAL). Following the document's approval by the SWRCB and OAL, the U.S. Environmental Protection Agency determines if the revised water quality standards for surface waters meet the requirements of the Clean Water Act.
The Porter-Cologne and Clean Water Acts also describe how enforcement of waste discharge regulations is to be carried out. Enforcement tools available to the Board range from simple letters to the discharger, through formal Board order, and direct penalty assessments, to judicial abatement for civil and/or criminal penalties.
Pursuant to Section 401 of the Clean Water Act, applicants for COE permit for discharge of dredge or fill material must obtain a WQC that the project will uphold State water quality standards. Water quality standards are referenced as objectives and policies listed in the Water Quality Control Plan for each region. Applicants for WQC are required to submit their application with the appropriate fee to the Executive Officer of the Regional Board. Upon receipt of a complete WQC application, the Regional Board staff will determine if waiver, certification, or denial of certification will be recommended. California Environmental Quality Act compliance is required prior to Board action.
The Department of Toxic Substances Control (DTSC) is responsible for locating, investigating, and cataloging toxic waste sites, for identifying the responsible parties, and for supervising remediation of those sites. It is able to expend bond money, where necessary to facilitate cleanup, and to recover its costs through the court system.
The Department of Pesticide Regulation (CDPR) oversees pesticide registration and enforces all State and Federal pesticide laws governing the agricultural, industrial, domestic, or other use of pesticides in California. Under the direction and supervision of the department, the County Agricultural Commissioners carry out pesticide enforcement activities at the local level.
The secretary directs the State Resources Agency, which functions as an "umbrella" agency, setting major resource policy for the State and overseeing programs of agency departments including the Department of Water Resources (DWR), Department of Fish and Game (DFG), and California Coastal Commission (CCC). The agency evaluates California Environmental Quality Act (CEQA) documents for consideration of existing State policy, programs and plans, and coordinates all State agency comments on applications for U.S. Army Corps of Engineers (COE) permits.
The San Francisco Bay Conservation and Development Commission (BCDC) is authorized by the McAteer-Petris Act to analyze, plan, and regulate San Francisco Bay and its shoreline. It implements the San Francisco Bay Plan and the Suisun Marsh Protection Plan. BCDC jurisdiction is the Bay and inland area within 100 feet of shoreline. BCDC's primary responsibilities are to: 1) regulate filling and dredging in the Bay, its sloughs and marshes, and certain creeks and tributaries that are a part of the estuary, salt ponds, and some other managed wetlands that have been diked from the Bay; 2) regulate shoreline projects subject to design review and public access; and 3) minimize pressures to fill the Bay by reserving shoreline areas that have been designated in the Bay Plan for water-oriented priority uses. The BCDC is composed of 27 members who are appointed by the Governor, the Legislature, Federal and State agencies, and local governments. The Bay Plan is subject to Coastal Zone Management Act (CZMA) consistency review as a component of California's Coastal Plan which is administered by BCDC.
The California Coastal Act of 1976 (Public Resources Code Section 30000 ff.) mandates the California Coastal Commission (CCC) to protect marine and coastal resources, promote coastal conservation, regulate coastal development, and to perform as the principal, designated coastal zone management agency under the Federal Coastal Zone Management Act (CZMA) of 1972. The CCC is the successor of the California Coastal Zone Conservation Commission, established following the approval of the 1972 coastal protection initiative, Proposition 20. The CCC aids local planning efforts concerned with land use and water development, public access, natural resources, off-shore oil development, agriculture, and other issues affecting the coastal zone. The CCC has permitting authority over certain major land use decisions along the California coast, and hears appeals regarding a broader spectrum of coastal permitting decisions that are initially made by local governments. The CCC generally has jurisdiction over the mouth or estuary areas of many rivers and streams.
The Delta Protection Act of 1992 established a 19-member Delta Protection Commission (DPC) designed to protect, maintain, and enhance a significant portion of the lands of the Sacramento-San Joaquin Delta for agriculture, wildlife habitat, recreation, and other public trust uses. The DPC is charged with developing a plan to preserve and restore Delta dependent fisheries, riparian and wetland habitat, water quality, open space and outdoor recreation opportunities, agricultural viability, public access and navigation; protect the Delta from development that results in significant loss of habitat or agricultural land; and promote strategies for voluntary cooperative arrangements between property owners and conservation groups
.The Department of Boating and Waterways (B&W) is responsible at the Sate level for navigation safety, for constructing and maintaining certain boating and ancillary facilities, and for funding, through low interest loans, certain privately built and operated boating and fishing facilities. B&W has a small staff devoted to studies of coastal sand supply and transport which is, in turn, related to the management of inland stream systems.
The Coastal Conservancy, a public agency within the Resources Agency was established by the legislature to take positive steps to preserve, restore, and enhance California's coastal resources and to develop creative solutions to difficult land use problems along the State's 1,100-mile coast and the San Francisco Bay Area. The Conservancy has no regulatory authority.
The California Public Resources Code Division 21, Chapter 6 authorizes the Conservancy to administer and coordinate grants for resource enhancement planning and for related studies. Grants are made to local public agencies for the enhancement of a wetland, estuarine, riverine and/or watershed resource that has suffered a loss of natural values. These studies must address land use and development occurring partly outside of the coastal zone portions of the watershed, but which directly influence the success of the resource enhancement within the coastal zone. The Conservancy is also required to specifically address existing or potential resource problems requiring public action for resolution.
The California Tahoe Conservancy's primary objectives are to: 1) protect the natural environment of the basin, with priority placed on preserving the exceptional clarity and quality of the waters of Lake Tahoe; 2) increase public access and recreation opportunities for visitors to the lake; and 3) preserve and enhance the broad diversity of wildlife habitat in the Tahoe Basin.
To achieve the objectives, the California Tahoe Conservancy is implementing six major programs, involving both direct activities by the Conservancy and grants to other public agencies and to nonprofit organizations. These programs involve the acquisition of environmentally sensitive lands, grants for soil erosion control, land coverage transfer and mitigation, provision of public access and recreation opportunities, wildlife enhancement, and property management.
The Colorado River Board was established in 1937, Water Code Sections 12500, et seq., to protect the interests and rights of California, its agencies and citizens in the water and power resources of the Colorado River System. The chairperson, who serves ex officio as the Colorado River Commissioner of California, represents the State on various interstate and Federal-State bodies concerned with the river basin. The board reviews and evaluates water requirements and supplies.
The mission of the Department of Conservation is to provide stewardship for the State's earth resources by fostering the wise use of California's land, energy, and minerals. The Department serves the people of California through policy direction, education, regulation, and dissemination of information concerning agricultural and open space lands and soil; recycling; geology and seismology; and mineral, geothermal, and petroleum resources.
Department of Conservation (DOC) programs include mining and geology, recycling, land resources protection, and oil and gas. It issues oil, gas, and geothermal well permits.
DOC's programs address soil conservation, particularly as it relates to land use. The DOC administers the Williamson Act on agricultural lands and maintains a task force to evaluate the progress of the Act. DOC's Office of Land Conservation administers the Farmland Mapping and Monitoring Program which provides information updates on conversion of these lands to other uses every two years.
DOC oversees the administration by local agencies of the Surface Mining and Reclamation Act (SMARA) which requires reclamation of mined lands to alternate uses such as range and forage. In this latter capacity, DOC plays an important role in ensuring that local governments comply with those provisions of SMARA which are designed in part to guard the health of riparian and aquatic systems.
The State Mining and Geology Board is composed of nine members appointed by the Governor for four-year terms. The principal objective of this Board is to provide State oversight in the implementation of the Surface Mining and Reclamation Act. The Board also recommends policy for the Division of Mines and Geology's earth science programs and serves as the policy and appeals Board for the Alquist-Priolo Studies Zones Act.
The California Department of Fish and Game (DFG) is the principle agency responsible for the protection, management, and enhancement of fish and wildlife in California. DFG is a public agency within the Resources Agency of the State of California. The mission of the DFG is to manage California's diverse fish, wildlife, and plant resources, and the habitats upon which they depend, for their ecological values and for their use and enjoyment by the public.
DFG has jurisdiction over, and responsibility for, resident and anadromous fish resources in all rivers and streams of the State, and also for wildlife resources which use adjacent riparian habitat. DFG conducts wide-ranging programs including research on fish and wildlife propagation, habitat requirements, fishing and hunting licensing, hatchery management, fish planting, stream alteration permitting, natural heritage database management, and related programs. DFG is responsible for the administration of the provisions of the State Endangered Species Act, and for operating the California Natural Diversity Database. DFG Stream or Lake Alteration Agreements are required for activities that result in changes to natural conditions in streams, lakes, channels, or crossings.
DFG conducts an aggressive and wide-ranging stream and watershed planning and restoration program to maintain and rehabilitate aquatic and riparian habitats. The program stresses public participation and interagency cooperation. Approximately 1,500 projects have been completed over the past 10 years.
DFG acts as trustee, on behalf of the State, of California's fish and wildlife resources, and is governed by the principles of the public trust with respect to them. As trustee, DFG plays an active role in all those management activities of other agencies and individuals which may affect the resources within its jurisdiction.
The Inland Fisheries Division was established to protect, maintain, and enhance populations and habitats of resident inland fish, amphibians, reptiles, invertebrates, and anadromous fish. The division conducts a hatchery program for the production and planting of some 60 million fish each year, carries out habitat restoration projects, and conducts surveys and research.
The Natural Heritage Division focuses on the protection, management, restoration, and recovery of endangered and rare plants and animals.
The Wildlife Conservation Board, established by the Wildlife Conservation Act of 1947, has the primary responsibility of selecting and acquiring DFG lands which are suitable for recreation purposes and the preservation, protection, and restoration of fish and wildlife habitat.
The Wildlife Conservation Board (WCB) acquires land, develops recreation facilities and public access to natural sites, and investigates areas to determine suitability for wildlife production, preservation, and recreation. The WCB works closely with the Department of Fish and Game (DFG) to coordinate spending Water, Parks and Wildlife Bonds (Prop. 70) money.
The Fish and Game Commission, consisting of five members, sets the policy under which the DFG operates, and regulates the possession and taking of birds, mammals, fish, amphibia, and reptiles.
The California Fish and Game Commission, with advice from the Department of Fish and Game, sets ocean fishing regulations within the three-mile zone of State waters, consistent with fishery plans developed by the Pacific Fishery management Council. The Commission also regulates inland fishing, except for Indian fishing within a reservation, which is controlled by the U.S. Bureau of Indian Affairs.
The mission of the California Department of Parks and Recreation (DPR) is to provide for the health, inspiration, and education of the people of California by helping to preserve the State's extraordinary biological diversity, protecting its most valued natural and cultural resources, and creating opportunities for high-quality outdoor recreation. DPR acquires, designs, develops, operates, and maintains units of the State Park System, and has the responsibility of administering both Federal and State local assistance programs. DPR manages over 250 State Park System units encompassing over 1.5 million acres.
DPR activities are directed toward the accomplishment of eight principal objectives: 1) secure and preserve elements of the State's outstanding landscape, cultural, and historical features; 2) provide the facilities and resources which are required to fulfill the recreational demands of the people of California; 3) provide a meaningful environment in which the people of California are given the opportunity to understand and appreciate the State's cultural, historical, and natural heritage; 4) maintain and improve the quality of California's environment; 5) prepare and maintain a statewide recreational plan that includes an analysis of the continuing need for recreational areas and facilities and a determination of the levels of public and private responsibility required to meet those needs; 6) encourage all levels of government and private enterprise throughout the State to participate in the planning, development, and operation of recreational facilities; 7) meet the recreational demands of a highly accelerated, urban-centered population growth, through the acquisition, development, and operation of urban parks; and 8) encourage volunteer services in the State Park System through the establishment of a recognition program of such services. Resource management by the department includes native plant reintroduction, exotic plant removal, prescribed fire management, and restoration of stream channels, banks, and associated riparian vegetation.
DPR has an important role in the management of the State's rivers because many river corridors with ecological values of statewide significance are within existing State Park units and can provide important public recreational opportunities.
DPR is responsible for the disbursement of State bond funds and Federal Land and Water Conservation Funds and other grants to local government park and recreation agencies which contribute to the resource management of rivers and streams.
The Department of Water Resources (DWR) is responsible for formulating coordinated statewide plans for the control, conservation, protection, enhancement, and use of State water resources. DWR's mission is to evaluate current and projected needs for water and development programs; to direct the use of the resource; to protect the public through water quality improvement, flood control, and dam safety programs; and to assist local water agencies with funds, expertise, and technical support to improve their water delivery systems. DWR issues permits for activities involving dams or reservoirs.
DWR is responsible for constructing and operating the State Water Project which delivers water to 30 agencies throughout the State. DWR coordinates the operation of the State Water Project (SWP) with the U.S. Bureau of Reclamation's (USBR's) operation of the Federal Central Valley Project (CVP) and other projects to meet legal requirements for water quality standards.
DWR is a bulk electrical utility, producing, selling, purchasing, and exchanging energy to meet the project's needs. Principal energy sources are hydroelectric, coal and geothermal, and exchanges and sales with other utilities.
The Division of Flood Management is responsible for statewide flood protection, the assessment of DWR's flood control needs with consideration to flood plain management, and more traditional structural works.
The purpose of DWR's Urban Stream Restoration Program is to protect, restore, and enhance urban creek channels by combining effective, low-cost flood control methods with preservation and enhancement of the natural environment. Authorized by the Urban Creek Restoration and Flood Control Act of 1985, the program provides grant money and technical assistance to counties, cities, and non-profit organizations for a wide-range of stream restoration and flood damage reduction projects.
State Reclamation Board (Rec. Board). Staffed by DWR, the State Reclamation Board (Rec. Board) exercises responsibilities for flood management on the Sacramento and San Joaquin rivers and their tributaries, and participates with the Federal government in the planning, design, construction, operation, and maintenance of Federally authorized flood control projects. The Rec. Board may designate floodways in order to control encroachments and, thus, preserve the flow regimes of the floodways.
The Rec. Board subsidizes the maintenance of local reclamation and local flood control district levees in the Sacramento-San Joaquin Delta through the Delta Subvention Program (SB 34). The board regulates encroachments into the Sacramento and San Joaquin flood control projects.
The California Water Commission serves as a policy advisory body to the Director of Water Resources on all California water resource matters. The nine-member citizen Commission provides a water resources forum for the people of the State, acts as liaison between the legislative and executive branches of State government, and coordinates Federal, State, and local water resources efforts.
The California Energy Commission (EC) was established by the Warren-Alquist State Energy Resources Conservation and Development Act of 1974 to address the energy challenges facing the State. The EC is the State's principal energy planning organization. It has five major areas of responsibility: forecasting future statewide electricity needs; licensing power plants sufficient to meet those needs; promoting energy conservation; developing renewable energy resources and alternative energy generating technologies; and planning for and directing State response to energy emergencies. The EC ensures that needed energy facilities are sited in an expeditious and environmentally acceptable manner.
The mission of the Department of Forestry and Fire Protection (CDF) is to: 1) prevent and suppress fires occurring on State and privately owned forest, brush, and grass covered lands; 2) provide land management programs; 3) administer and enforce forest practice rules; 4) assist in range improvement programs; and 4) conduct or cooperate in forest and fire research programs.
The CDF has jurisdiction to review and approve timber harvest plans (THPs) prepared in connection with logging proposed on both the State and privately-owned lands. Watershed, riparian habitat, and fisheries protection are important elements to be considered in the preparation of each THP.
CDF administers the California Forest Improvement Program (CFIP). The CFIP provides small forest landowners in California (who own 20-5,000 acres of land) cost share funds for reforestation, soil erosion control, timberstand improvement, wildlife habitat, and other forest resources that add social quality and value to land. Qualifications for the CFIP are that lands must be suitable for producing commercial timber and should have a forest management plan which would assist the land-owner on long-term decisions. Eligible projects include tree planting, seeding, and site preparation. Pre-commercial thinning of young timberstands are also eligible, as well as improvements to reduce erosion and enhance fish and wildlife habitat. Eligible also is follow-up work needed to protect resource investments. CFIP grants up to 75 percent of forest improvement costs when a rural reforestation project is approved.
California State Board of Forestry. The California State Board of Forestry is a nine-member board appointed by the Governor to guide forest policy, to implement the Z'Berg-Nejedly Forest Practice Act, and to oversee the State's wildland fire protection system. The Board writes forest practice rules, licenses Registered Professional Foresters, provides policy guidance to the Department of Forestry, and advises the California Legislature and the Governor in matters related to forestry.
The Department of Health Services (DHS) finds and prevents pollution of public water supplies and promotes other environmental health issues.
The State Historic Preservation Office (SHPO) is responsible for implementing regulations for cultural resource protection established by the National Historic Preservation Act (NHPA) of 1966.
The Office of Planning and Research (OPR) has no regulatory authority, but has substantial influence in guiding administration, environmental, and planning policy and in providing guidance to local governments. This includes the formulation of a statewide growth management strategy. OPR administers the State Clearing House for California Environmental Quality Act (CEQA) documents and is responsible for preparing planning reports to the governor.
The Office of Emergency Services (OES) assists local governments in preparing for and responding to disasters, such as flooding.
The California State Lands Commission administers all lands retained by the State for the benefit of the public. The State holds its sovereign lands in trust and they can no longer be sold. They can only be used for public purposes, such as commerce, navigation, fishing, and recreation.
At statehood, California acquired nearly 4 million acres of sovereign land underlying the State's navigable waterways. These lands include the beds of more than 30 navigable rivers, nearly 40 navigable lakes, and the 3 mile wide strip of tide and submerged land adjacent to the coast and offshore islands of the State.
Shortly after becoming a State, California also received a grant of 2 square miles out of each 36 square miles held by the Federal government. These lands were given to the State to support public education. Approximately 670,000 acres remain scattered throughout the State. The school lands are held in trust for the betterment of the State Teachers' Retirement System (STRS).
The Lieutenant Governor, the State Director of Finance, and the State Controller are the State Lands Commission. The Commission is assisted by a staff of specialists in mineral resources, land management, boundary determination, petroleum engineering, and natural and environmental sciences.
Mailing addresses and telephone numbers of California State resource protecton and management agencies can be found in the folliwng sources:
The Harbinger File: A directory of citizen groups, government agencies and environmental education programs concerned with California environmental issues. Harbinger File, 250 Homestead Trail, Santa Cruz, CA 95060. Telephone (408) 429-8727.
Information about the programs conducted by the various California State departments is available through CERES: The California Envrionmental Resoruces Evaluation System at http://ceres.ca.gov.
Compiled by: The Habitat Restoration Group P.O. Box 4006 Felton, CA 95018 (408) 335-6800
E-mail: hrg@cruzio.com
URL: http://www.cruzio.com/~hrg
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