SUMMARY OF RELATED ENVIRONMENTAL AND CULTURAL RESOURCES LAWS, RULES, REGULATIONS, AND INSTRUCTIONS 10-1 American Indian Religious 10-3 Archaeological Resources Freedom Act of 1978 (P.L. 95-341) Protection Act of 1979 (P.L. 96-95) This Act makes it a policy of the This Act supplements the provisions of Government to protect and preserve for the 1906 Antiquities Act. The law American Indians, Eskimos, Aleuts, and makes it illegal to excavate or remove Native Hawaiians their inherent right of from Federal or Indian lands any freedom to believe, express, and exercise archeological resources without a permit their traditional religions. It allows them from the land manager. Permits may be access to sites, use and possession of issued only to educational or scientific sacred objects, and the freedom to institutions, and only if the resulting worship through ceremonial and activities will increase knowledge about traditional rights. It further directs archeological resources. Major penalties various Federal departments, agencies, for violating the law are included. and other instrumentalities responsible Regulations (43 CFR 7) for the ultimate for administering relevant laws to disposition of materials recovered as a evaluate their policies and procedures in result of permitted activities state that consultation with Native traditional archeological resources excavated on religious leaders to determine changes public lands remain the property of the necessary to protect and preserve Native United States. Those excavated from American cultural and religious Indian lands remain the property of the practices. Applicable regulation is Indian or Indian Tribe having rights of 43 CFR 7, ARPA Permitting. ownership over such resources. 10-2 Antiquities Act of 1906 10-4 Archeological and (34 Stat. 225) Historic Preservation Act of 1974 (P.L. 93-291) This Act was the first general act providing protection for archeological Congress amended the Reservoir resources. It protects all historic and Salvage Act to extend the provisions of prehistoric sites on Federal lands and the Act to all Federal construction prohibits excavation or destruction of activities and all federally licensed or such antiquities without the permission assisted activities that will cause loss of (Antiquities Permit) of the Secretary of scientific, prehistoric, or archeological the Department having jurisdiction. It data. It requires the Secretary of the also authorizes the President to declare Interior (Secretary) to coordinate this areas of public lands as National effort and to report annually to the Monuments and to reserve or accept Congress on the program. It permits private lands for that purpose. agencies either to undertake necessary Applicable regulation is 43 CFR 3, protection activities on their own or to Antiquities Act of 1906. transfer to the Secretary up to 1 percent 1 of the total authorized for expenditure on pollution control programs; and to a Federal or federally assisted or encourage and assist the development licensed project to enable the Secretary and operation of regional air pollution to undertake the necessary protection control programs.” activities. The Act requires the Environmental 10-5 Bald Eagle Protection Act of Protection Agency (EPA) to publish 1940 (16 U.S.C. 668-668d) national primary standards to protect public health and more stringent national No person within the United States, or secondary standards to protect public any place subject to the jurisdiction welfare (40 CFR 50). States and local thereof, shall possess, sell, purchase, governments are to be responsible for barter, offer to sell, transport, export, or the prevention and control of air import at any time or in any manner any pollution. bald eagle or any golden eagle, alive or dead, or any part, nest, or egg thereof. States, which are divided into air quality control regions, are required to submit The Secretary of the Interior, if State Implementation Plans (SIPs) for determined to be compatible with the EPA approval (40 CFR 51). SIPs preservation of the bald or golden eagle, provide strategies for implementation, can permit the taking, possession, and maintenance, and enforcement of transportation of specimens thereof for national primary and secondary ambient scientific or exhibition purposes or for air quality standards for each air quality the religious purposes of Indian Tribes. control region. 10-6 Clean Air Act (42 U.S.C. EPA’s rules require Federal agencies to 7401) and Amendments of 1970 determine if their proposed actions conform to the appropriate SIPs. The National Primary and Secondary requirement applies to proposed Federal Ambient Air Quality Standards – actions occurring in nonattainment or 40 CFR 50; maintenance areas for: carbon State Implementation Plan Require- monoxide, lead, nitrogen dioxide, ozone, ments – 40 CFR 51 particulate matter, and sulfur dioxide. Federal actions could include The purposes of this Act are to “protect construction and permitting types of and enhance the quality of the Nation’s activities. The conformity determination air resources so as to promote the public examines the impacts of the direct and health and welfare and the productive indirect emissions resulting from the capacity of its population; to initiate and Federal action. Federal agencies are accelerate a national research and required to take into account only those development program to achieve the indirect emissions for which they prevention and control of air pollution; provide support, can practically control, to provide technical and financial and are under their continuing program assistance to State and local responsibility. Federal agencies making governments for aid in their conformity determinations must provide development and execution of air a 30-day notice for both the draft and 2 final conformity determinations to the policy that programs for the control of appropriate EPA regional office(s), State nonpoint sources of pollution be and local air quality agencies, and, developed and implemented in an where applicable, affected Federal land expeditious manner so as to enable the managers, the agency designated under goals of this Act to be met through the Section 174 of the Act, and the control of both point and nonpoint Metropolitan Planning Office. Federal sources of pollution.” agencies must also make their draft conformity determinations available to The basic means to achieve the goals of the public for a 30-day review. These the Act is through a system of water reviews may be integrated into the quality standards, discharge limitations, NEPA public review process. and permits. The Act authorizes EPA to require owners and operators of point 10-7 Clean Water Act (33 U.S.C. source discharges to monitor, sample, 1251 et seq.) and maintain effluent records. Public Law 92-500 as amended If the water quality of a water body is potentially affected by a proposed action The Clean Water Act strives to “restore (i.e., construction of a wastewater and maintain the chemical, physical, and treatment plant), a National Pollutant biological integrity of the Nation’s Discharge Elimination System (NPDES) water.” To achieve this objective, the permit (Section 402) may be required. Act sets forth the following goals: In most cases, the EPA has turned this “(1) that the discharge of pollutants into responsibility over to the States as long the navigable waters of the United States as the individual State program is be eliminated by 1985; (2) that as an acceptable to the Agency. interim goal there be attained by 1983 water quality which provides for the Similarly, if a project may result in the protection and propagation of fish, placement of material into waters of the shellfish and wildlife, and provides for United States, a U.S. Army Corps of recreation in and on the water; (3) that Engineers Dredge and Fill Permit the discharge of toxic pollutants in toxic (Section 404) may be required. It should amounts be prohibited; (4) that Federal be noted that the 404 permit also financial assistance be provided to pertains to activities in wetlands and construct publicly owned waste riparian areas. treatment works; (5) that area wide waste treatment management planning Prior to the issuance of either a NPDES processes be developed and or 404 permit, the applicant must obtain implemented to ensure adequate control a section 401 certification. This of source pollutants in each State; declaration states that any discharge (6) that a major research and complies with all applicable effluent demonstration effort be made to develop limitations and water quality standards. technology necessary to eliminate the Certain Federal projects may be exempt discharge of pollutants into navigable from the requirements of section 404 if waters, waters of the contiguous zone, the conditions set forth in section 404(r) and the oceans; and (7) it is the national are met. 3 Section 319 – Nonpoint Source The provisions of 15 CFR 930.30 are Management Programs – was added to provided to ensure that all federally the Clean Water Act by P.L. 100-4. The conducted or supported activities, purpose of this section is to have the including development projects directly States establish nonpoint source affecting the coastal zone, are management plans designed to deal with undertaken in a manner consistent, to the each State’s nonpoint source pollution maximum extent practicable, with problems. Section 319(k) requires each approved State coastal management Federal department and agency to allow programs.