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OCR for page 152
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.
Representative terms from entire chapter:
environmental quality
