James Madison . . . defended the work of the Framers against the charge that these three governmental powers were not entirely separate from one another in the proposed Constitution. . . . [Madison wrote:] [t]he reasons on which Montesquieu grounds his maxim are a further demonstration of his meaning. When the legislative and executive powers are united in the same person or body, says he, there can be no liberty, because apprehensions may arise lest the same monarch or senate should enact tyrannical laws to execute them in a tyrannical manner. Again: Were the power of judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control, for the judge would then be the legislator. Were it joined to the executive power, the judge might behave with all the violence of an oppressor.
Id. (quoting The Federalist No. 47, at 299 (James Madison) (G.P. Putnams Sons ed., 1908)).
To be eligible for nomination, an area shall contain features from four or more of the following groups: (1) Fishery Habitatanadromous/catadromous fish runs, fish spawning areas, fish nursery areas, or shellfish beds; (2) Coastal Featuresbarrier beach system, beach, rocky intertidal shore, or dune; (3) Estuarine Wetlandsembayment, estuary, salt pond, salt marsh, or beach; (4) Inland Wetlandsfreshwater wetlands, marsh, flat, wet meadow, or swamp; (5) Inland Surface Waters-lake, pond, river, stream, creek, or ox bow; (6) Water Supply Areasfloodplain, erosion area, or unstable geologic area; (7) Natural Hazard Areasfloodplain, erosion area, or unstable geologic area; (8) Agricultural Arealand of agricultural productivity, forestry land, or aquaculture site; (9) Historical/Archaeological Resourcesbuildings, site, or district of historical, archaeological, or paleontological significance; (10) Habitat Resourceshabitat for threatened or endangered plant or animal species, habitat for species of special concern, or other significant wildlife habitat; and (11) Special Use Areasundeveloped or natural areas, public recreational areas, or significant scenic site.
Id. Thus, so long as an area contains one feature from four out of these eleven groups, it can be nominated for ACEC consideration. See id.