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APPENDIX E POLICY AND LEGISLATION PERTINENT TO DREDGING (a) Public laws. (1) American Folklife Preservation Act, Pub. L. 94-201; 20 U.S.C. 2101, et seq. (2) Anadromous Fish Conservation Act, Pub. L. 89-304; 16 U.S.C. 757, et seq. Antiquities Act of 1906, Pub. L. 59-209; 16 U.S.C. 431, et seq. Archeological and Historic Preservation Act, Pub. L. 93-291: 16 U.S.C. 469, et seq. (Also known as the ~ t3, t4, (5) (6) `7, `8, (9) Reservoir Salvage Act of 1960, as amended; Public Law 93-291, as amended; the Moss-Bennett Act; and the Preservation of Historic and Archeological Data Act of 1974.) Bald Eagle Act; 16 U.S.C. 666. Clean Air Act, as amended, Pub. L. 91-604; 42 U.S.C. 1857h-7, et seq. Clean Water Act, Pub. L. 92-500; 33 U.S.C. 1251, et seq. (Also known as the Federal Water Pollution Control Act; and Public Law 92-500, as amended.) Coastal Zone Management Act of 1972, as amended, Pub. L. 92-583; 16 U.S.C. 1451, et seq. Endangered Species Act of 1973, as amended, Pub. L. 93-205; 16 U.S.C. 1531, et seq. (10) Estuary Protection Act, Pub. L. 90-454; 16 U.S.C. 1221, et seq. (11) Federal Environmental Pesticide Control Act, Pub. L. 92-516; 7 U.S.C. 136. (12) Federal Water Project Recreation Act, as amended, Pub. L. 89-72; 16 U.S.C. 460-1(12), et seq. (13) Fish and Wildlife Coordination Act of 1958, as amended, U.S.C. 661, et seq. (Also known as the (15) Pub. L. 85-624; 16 Coordination Act.) (14) Historic Sites of 1935, as amended, Pub. L. 74-292; 16 U.S.C. 461, et seq. Land and Water Conservation Fund Act, Pub. L. U.S.C. 4601-4601-11, et seq. (16) Marine Mammal Protection Act of 1972, Pub. L. U.S.C. 1361, et seq. 152 88-578; 16 92-522; 16
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153 (17) Marine Protection, Research and Sanctuaries Act of 1972, Pub. L. 92-532; 33 U.S.C. 1401, et seq. (18) Migratory Bird Conservation Act of 1928; 16 U.S.C. 715. (19) Migatory Bird Treaty Act of 1918; 16 U.S.C. 703, et seq. (20) National Environmental Policy Act of 1969, as amended, Pub. L. 91-190; 42 U.S.C. 4321, et seq. (Also known as NEPA; often incorrectly cited as the National Environmental Protection Act.) (21) National Historic Preservation Act of 1966, as amended, Pub. L. 89-655; 16 U.S.C. 470a, et seq. (22) Native American Religious Freedom Act, Pub. L. 95-341; 42 U.S.C. 1996, et seq. (23) Resource Conservation and Recovery Act of 1976; Pub. L. 94-580; 7 U.S.C. 1010, et seq. (24) River and Harbor Act of 1899, 33 U.S.C. 403, et seq. (Also known as the Refuse Act of 1899.) (25) Submerged Lands Act of 1953, Pub. L. 82-3167; 43 U.S.C. 1301, et seq. (26) Surface Mining Control and Reclamation Act of 1977, Pub. L. 95-89; 30 U.S.C. 1201, et seq. (27) Toxic Substances Control Act, Pub. L. 94-469; 15 U.S.C. 2601, et seq. (28) Watershed Protection and Flood Prevention Act, as amended, Pub. L. 83-566; 16 U.S.C. 1001, et seq. (29) Wild and Scenic Rivers Act, as amended, Pub. L. 90-542; 16 U.S.C. 1271, et seq. (b) Executive orders. (1) Executive Order, 11593, Protection and Enhancement of the Cultural Environment, May 13, 1979 (36 FR 8921; May 15, 1971~. (2) Executive Order, 11988, Floodplain Management, May 24, 1977 (42 FR 26951; May 25, 1977~. (3) Executive Order, 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961; May 25, 1977~. (4) Executive Order, 11514, Protection and Enhancement of Environmental Quality, March 5, 1970, as amended by Executive Order, 11991, May 24, 1977. Executive Order, 12088, Federal Compliance with Pollution Control Standards, October 13, 1978. (c) Other Federal policies. (1) Council on Environmental Quality Memorandum of August 11, 1980: Analysis of Impacts on Prime or Unique Agricultural Lands in Implementing the National Environmental Policy Act. (2) Council on Environmental Quality Memorandum of August 10, 1980: Interagency Consultation to Avoid or Mitigate Adverse Effects on Rivers in the Nationwide Inventory. (3) Migratory Bird Treaties and other international agreements listed in the Endangered Species Act of 1973, as amended, Section 2(a)~4~.
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154 (d) Selected state legislation, lead agencies, and concerns (1) Maine: Department of Environmental Protection for coastal and great ponds projects (Tidal Wetlands Act 38 Maine Revised Statutes Annotated Sections 471-478 and Great Ponds Act 38 MRSA Sections 386-396, respectively). Department of Inland Fish and Wildlife for fill projects on rivers and streams (Alteration of Rivers, Streams and Brooks Act 12 MRSA Sections 7776-7780~. The Board of Environmental Protection may establish any reasonable requirement to ensure that the applicant does not contravene environmental quality. (2) New Hampshire: Water Supply and Pollution Control Commission (Resource Statutes Annotated, Subsection 149.8A) and the Wetlands Board (RSA, Subsection 483A). The Water Supply and Pollution Control Commission requires that there be no degradation of water quality. (3) Massachusetts: Conservation Commission of locality directly affected by the project (State Wetlands Protection Law, Chapter 131, Section 40~. A local Conservation Commission may attach special conditions to an application to ensure proper response to its concerns when discharge to a wetlands is proposed. (4) Rhode Island: Coastal Resources Management Council. (General Laws, Chapter 279, Section 1). The Coastal Resources Management Council is concerned with state coastal plan consistency and permitting activities in territorial waters and saltwater wetlands. (5) Connecticut: Commissioner of the Department of Environmental Protection, (Marine Mining Statute, Section 25-7d for new dredging work and structures and Dredging Statute, Section 25-11 for regulating building of marina structures). The Department of Environmental Protection requires containment of materials disposed of on upland sites. In-water disposal permits may require special conditions to protect fish and wildlife recommended by the U.S. Fish and Wildlife Service and/or the National Marine Fisheries Service. (6) New York Department of Environmental Conservation (Environmental Conservation Law, articles). The Department of Environmental Conservation may specify seasonal restrictions to protect spawning. It may also specify certain types of dredging and containment procedures to alleviate environmental impact.
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155 (7) California: California Coastal Commission (Proposition 20, 1972; California Coastal Zone Act, 1976~. Requires port master plan; lead agency for review of port projects. Water Control Board (California Resources Code). Permit authority over effects of dredging/filling on water quality. Department of Fish and Game (California Resources Code). Review and comment authority over effects of proposed projects on fish and wildlife. Air Resources Board (California Resources Code). Permit review authority over sources of stationary (point-source) air pollution has been applied to dredging equipment and port facilities. (8) Oregon: Department of Land Conservation and Development. Statewide goals and guidelines for coastal resources. Department of Fish and Wildlife (Oregon Administrative Rule). Classifies estuaries. (9) Washington: Shoreline Hearings Board (Shoreline Management Act). Permit appeal authority. Department of Ecology (Washington Resources Code). Water and air quality permit authority; review of proposed projects for effects on fish and wildlife.