Stellwagen Bank FEIS/MP Appendices Pa^ B9 



material; COE, the transportation, for the purpose of dumping, of dredged material. The COE permits are 

 subject to EPA review and approval.. Title I also makes it unlawful after December 31, 1991, for any person to 

 dump into ocean waters, or to transport for the purposes of dumping into ocean waters, sewage sludge or 

 industrial waste. 



National Historic Preservation Act (NHPA) (16 USC §§ 470 et seq. ;) 



The National Historic Preservation Act authorizes the Secretary of the Interior to maintain a National Register 

 of "districts, sites, buildings, structures, and objects significant in American history, architecture, archeology, and 

 culture". Sites have been listed on the National Register which include or are composed entirely of ocean waters 

 and submerged lands within state waters or on the Outer Continental Shelf. 



Any federal agency conducting, licensing, or assisting an undertaking which may affect a property Usted or eligible 

 for listing on the National Register must prior to the action take into account the effect of the undertaking on 

 the property and provide the Advisory Council on Historic Preservation a reasonable opportunity to comment 

 on the proposed action (16 USC §470f). The basic criterion apphed by the Council is whether the undertaking 

 will chcmge the quahty of the site's historic, architectural, archeological, or cultural character (36 CPK Part 800). 



Comprehensive Environmental Response. Compensation, and Liabilitv Act (CERCLA) (42 USC §§ 9601 et seq. ) 



The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), whose principal 

 purpose in the cleanup of hazardous waste sites, consists of four fundamental elements. First, it creates an 

 information-gathering and evaluation system to help Federal and state governments categorize hazardous waste 

 sites and prioritize responses. Second, CERCLA provides Federal authority to respond to releases of hazardous 

 substances. Response actions are carried out pursuant to the National Contingency Plan (NCP). Third, 

 CERCLA estabHshes a Hazardous Substance Trust Fund to pay for removal and remedial actions and related 

 costs. Finally, CERCLA makes persons responsible for hazardous substance releases liable for costs of removal 

 or remedial action incurred by the Federal or state government; other necessary costs of response incurred by 

 others; damages for injury, destruction or loss of natural resources; and costs of any health assessment or health 

 effects study carried out pursuant to the Act. 



State Authorities 



Because the proposed National Marine Sanctuary is located entirely outside State territorial waters, few State 

 agencies have jurisdiction over the area proposed to be included in the boundary. However, certain State 

 agencies do have jurisdiction over activities that occur within, or may be proposed for, the Samctuary. 



Massachusetts Coastal Zone Management Act of 1978 (Mass. General Laws Chapter 21A, Chapter 6A, Sections 



2-7; 16 USC §§ 1451 et seq.1 



MCZM is the principal planning and policy agency of the Commonwealth. Its jurisdiction of particular relevance 

 here is all State territorial waters and any activity seaward of State territorial waters that will likely have a direct 

 effect on the coastal zone. The MCZM Plan is embodied in a series of 27 program policies which direct 

 activities proposed for the coastal waters and areas adjacent thereto. The policies deal with a broad range of 

 issues, from protection of critical areas, to port and harbor operations, to offshore oil and gas development. 

 Currently, the program policies are being rewritten in an effort to update the management plan. Ocean policy 

 is an area that will likely see significant attention in the updated management plan. 



