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APPENDIX B Applicable Laws and Regulations This page intentionally left blank. Appendix B, NASA SSFL EIS for Proposed Demolition and Environmental Cleanup TABLE B-1 Regulatory Framework Summary for Santa Susanna Field Laboratory EIS NASA SSFL EIS for Proposed Demolition and Environmental Cleanup Applicable Regulation/Law Relevance for SSFL Citation Administering/Responsible Agency Hyperlink General Regulatory Setting National Requirement of any federal to 42 United States Code (U.S.C.) Council on Environmental Quality http://ceq.hss.doe.gov/nepa/regs/nepa/nepa Environmental Policy consider the environmental impacts §4321 et seq.; Public Law 91- eqia.htm Act (NEPA) of 1969 of their proposed actions and the 190 All federal agencies (for Santa Susanna reasonable alternatives to those Field Laboratory, U. S. National http://www.nasa.gov/agency/nepa/itm_NEP actions. Aeronautics and Space Administration) AProgram.html Cultural Regulatory Setting National Historic Requires federal agencies to 16 U.S.C. § 470 et seq., as U. S Department of Interior http://www.achp.gov/nhpa.html Preservation Act consider the potential effects of amended; Public Law 89-665 (NHPA) of 1966 their proposed actions on historic Advisory Council on Historic Preservation properties. Also referred to as State Historic Preservation Office Section 106 consultation. Archeological and Federal agencies provide for the 16 U.S.C. §§ 469-469c; Public U. S Department of Interior http://www.nps.gov/archeology/tools/Laws/ Historic Preservation preservation of historical and Law 93-291 AHPA.htm Act (AHPA) archeological data (including relics Advisory Council on Historic Preservation and specimens) which might State Historic Preservation Office otherwise be irreparably lost or destroyed as the result of any alteration of the terrain caused as a result of any federal construction project of federally licensed activity or program. Archaeological Requirements that must be met 16 U.S.C. §§ 470aa – mm; U. S Department of Interior http://www.nps.gov/archeology/tools/Laws/ Resources Protection before federal authorities can issue Public Law 96-95 arpa.htm Act (ARPA) of 1979 a permit to excavate or remove any Advisory Council on Historic Preservation archeological resource on federal or State Historic Preservation Office Indian lands. B-1 Appendix B, NASA SSFL EIS for Proposed Demolition and Environmental Cleanup TABLE B-1 Regulatory Framework Summary for Santa Susanna Field Laboratory EIS NASA SSFL EIS for Proposed Demolition and Environmental Cleanup Applicable Regulation/Law Relevance for SSFL Citation Administering/Responsible Agency Hyperlink The Native American Requires federal agencies inventory 25 U.S.C. §§ 3001-3013; Public U. S Department of Interior http://www.nps.gov/archeology/tools/Laws/ Graves Protection holdings of Native American human Law 101-601 NAGPRA.htm and Repatriation Act remains and funerary objects and Advisory Council on Historic Preservation (NAGPRA) provide written summaries of other State Historic Preservation Office cultural items and provide greater protection for Native American burial sites and more careful control over the removal of Native American human remains, funerary objects, sacred objects, and items of cultural patrimony on federal and tribal lands. Biological Regulatory Setting Federal Endangered Requires federal agencies to avoid 16 U.S.C. §§ 1531-1544, 87 U. S. Fish and Wildlife Service http://www.fws.gov/laws/lawsdigest/ESACT. Species Act (ESA) of actions that might jeopardize the Stat. 884, as amended HTML 1973 existence of threatened or National Oceanic Atmospheric endangered species, or destroy or Administration [although not applicable http://www.fws.gov/endangered/esa- adversely affect critical habitats of for Santa Susanna Field Laboratory, library/index.html#esa such species. applicable for marine mammals] Migratory Bird Treaty Requires federal agencies to 16 U.S.C. §§ 703-712, as U. S. Fish and Wildlife Service http://www.fws.gov/laws/lawsdigest/migtrea Act (MBTA) of 1918 support migratory bird amended .html conservation. http://law2.house.gov/uscode- cgi/fastweb.exe?getdoc+uscview+t13t16+618 9+0++%28%29%20%20AND%20%28%2816%2 9%20ADJ%20USC%29%3ACITE%20AND%20% 28USC%20w%2F10%20%28703%29%29%3AC ITE%20%20%20%20%20%20%20%20%20 Executive Order Requires federal agencies to 66 Federal Register 3853 U. S. Fish and Wildlife Service http://ceq.hss.doe.gov/nepa/regs/eos/eo131 13186 support migratory bird 86.html (Responsibilities of conservation. Council on Environmental Quality Federal Agencies to Protect Migratory Birds) B-2 Appendix B, NASA SSFL EIS for Proposed Demolition and Environmental Cleanup TABLE B-1 Regulatory Framework Summary for Santa Susanna Field Laboratory EIS NASA SSFL EIS for Proposed Demolition and Environmental Cleanup Applicable Regulation/Law Relevance for SSFL Citation Administering/Responsible Agency Hyperlink Bald and Golden Prohibits anyone, without a permit 16 U.S.C. §§ 668-668c, 54 Stat. U. S. Fish and Wildlife Service http://www.fws.gov/laws/lawsdigest/BALDEG Eagle Protection Act issued by the Secretary of the 250, as amended; 50 CFR 22 L.HTML of 1940 Interior, from “taking” bald eagles (Haliaeetus leucocephalus) or http://www.fws.gov/midwest/MidwestBird/E golden eagles (Aquila chrysaetos), aglePermits/index.html including their parts, nests, or eggs. Conservation Authorized conservation and 16 U.S.C. §§ 670a-670o, 74 U. S. Fish and Wildlife Service http://www.fws.gov/laws/lawsdigest/SIKES.H Programs on rehabilitation programs on NASA Stat. 1052, as amended; Public TML Government Lands and other federal lands. Law 93-452 (Sikes Act) http://www.fws.gov/habitatconservation/sike [Integrated Natural s_act.html Resource Management Plan] Federal Noxious Requires federal agencies to control 7 U.S.C. § 2801 et seq.; 88 Stat. U. S. Fish and Wildlife Service http://www.fws.gov/laws/lawsdigest/fednox. Weed Act of 1975 the spread of noxious weeds. 2148; Public Law 93-629 html Bureau of Land Management http://www.thecre.com/fedlaw/legal2/fedwe U.S Department of Agriculture ed.htm http://www.blm.gov/wo/st/en/prog/more/w eeds/blm_program.html Executive Order Prepare and issue the first edition 64 Federal Register 6183 U.S Department of Agriculture http://www.invasivespeciesinfo.gov/laws/exe 13112 of a National Invasive Species corder.shtml Management Plan, detailing and Council on Environmental Quality recommending performance- oriented goals and objectives and specific measures of success for federal agency efforts concerning invasive species. B-3 Appendix B, NASA SSFL EIS for Proposed Demolition and Environmental Cleanup TABLE B-1 Regulatory Framework Summary for Santa Susanna Field Laboratory EIS NASA SSFL EIS for Proposed Demolition and Environmental Cleanup Applicable Regulation/Law Relevance for SSFL Citation Administering/Responsible Agency Hyperlink Federal Water Regulation to protect surface 33 U.S.C. §§ 1251 - 1376; California Department of Environmental http://www.swrcb.ca.gov/water_issues/progr Pollution Control Act waters and waterways Chapter 758; P.L. 845, as Protection ams/#wqassessment (Clean Water Act) amended (CWA) State Water Resources Control Board http://www.epa.gov/npdes/pubs/cwatxt.txt 40 Code of Federal Regulations (CFR) Part 100 - 149 Regional Water Quality Control Boards http://www.access.gpo.gov/nara/cfr/waisidx _03/40cfrv19_03.html U.S. Environmental Protection Agency http://www.access.gpo.gov/nara/cfr/waisidx _03/40cfrv20_03.html California Law requiring the California Fish and Game Code, Sections California Department of Environmental http://www.dfg.ca.gov/habcon/cesa/ Endangered Species Department of Fish and Game to 2050 et seq. Protection Act (CESA) of 1948 work with all interested persons, http://www.leginfo.ca.gov/cgi- agencies, and organizations to California Department of Fish and Game bin/displaycode?section=fgc&group=02001- protect and preserve sensitive 03000&file=2050-2069 species and their habitats. http://www.leginfo.ca.gov/cgi- bin/displaycode?section=fgc&group=02001- 03000&file=2070-2079 http://www.leginfo.ca.gov/cgi- bin/displaycode?section=fgc&group=02001- 03000&file=2080-2085 California Native Law intended to preserve, protect, Fish and Game Code Section California Department of Environmental http://www.dfg.ca.gov/wildlife/nongame/t_e Plant Protection Act and enhance the endangered and 1900-1913 Protection _spp/nat_plnt_consv.html (NPPA) of 1977 rare plants of California. California Department of Fish and Game http://www.leginfo.ca.gov/cgi- bin/displaycode?section=fgc&group=01001- 02000&file=1900-1913 California Fish and Regulates the taking or possession California Law; Fish and Game California Department of Environmental http://www.leginfo.ca.gov/calaw.html Game Code of birds, mammals, fish, amphibian, Code, Divisions 0.5-13.5 Protection and reptiles. http://www.leginfo.ca.gov/cgi- California Department of Fish and Game bin/calawquery?codesection=fgc&codebody= &hits=20 B-4 Appendix B, NASA SSFL EIS for Proposed Demolition and Environmental Cleanup TABLE B-1 Regulatory Framework Summary for Santa Susanna Field Laboratory EIS NASA SSFL EIS for Proposed Demolition and Environmental Cleanup Applicable Regulation/Law Relevance for SSFL Citation Administering/Responsible Agency Hyperlink Air Quality and Greenhouse Gas Setting The Clean Air Act Authorized the development of 42 U.S.C. §7401 et seq., as U.S. Environmental Protection Agency http://www.epa.gov/air/caa/ (CAA) of comprehensive federal and state amended regulations to limit emissions from both stationary (industrial)
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