Code of Massachusetts Regulations
310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION
Title 310 CMR 43.00 - Site Selection Criteria For Low-level Radioactive Waste Management Facilities
Appendix A

Current through Register 1531, September 27, 2024

(1) MONUMENTS, HISTORIC SITES and CONSERVATION AREAS.

(a) NATIONAL AND INTERNATIONAL MONUMENTS AND MEMORIALS, 16 USC §431, and all applicable regulations.

(b) HISTORIC SITES ACT, 16 USC § 461, including, but not limited to, 36 CFR Parts 61, 1205, 1212; § 470h-2.(b) et. seq.

(c) NATIONAL HISTORIC PRESERVATION ACT, 16 USC § 470, including, but not limited to, 36 CFR Ch.I § 60.00 et. seq.

(d) ARCHAEOLOGICAL RESOURCE PROTECTION ACT, 16 USC § 470aa, including, but not limited to, 43 CFR Subtitle A § 7.1 et.seq. Uniform Regulations and 36 CFR Ch. II Part 296 et. seq.

(e) THE ANTIQUITIES ACT, 16 USC § 432-33, including, but not limited to, 25 CFR 261.

(f) CEMETERY ACT, M.G.L. c. 114,§ 17 and M.G.L. c. 79,§ 79, including, but not limited to, 950 CMR 71.05.

(g) MASSACHUSETTS ENVIRONMENTAL POLICY ACT (MEPA), M.G.L. c. 30,§§ 61 and 62, and any applicable regulations.

(h) HISTORIC DISTRICTS ACT, M.G.L. c. 40C, and any applicable regulations.

(i) STATE HIGHWAYS ACT, M.G.L. c. 81 § 7M, and any applicable regulations..

(j) GENERAL PROVISIONS RELATIVE TO REAL PROPERTY, M.G.L. c. 184,§§ 31 and 32, and any applicable regulations.

(k) MASSACHUSETTS HISTORICAL COMMISSION ACT, M.G.L. c. 9 §§26 through 28, including, but not limited to, 950 CMR 71.00et. seq.

(l) WATERWAYS ACT, M.G.L. c. 91,§ 63 and M.G.L. c. 6,§ 179 et. seq., including, but not limited to, applicable 312 CMR 2.00et. seq.

(2) NATIONAL PARKS; WILDERNESS

(a) NATIONAL FORESTS, 16 USC § 471; MULTIPLE USE SUSTAINED YIELD ACT (National Forests), 16 USC §§ 528 - 531; and FOREST AND RANGELAND RENEWABLE RESOURCES PLANNING ACT, 16 USC § 1600, and 84 USC § 31, and any applicable regulations.

(b) NATIONAL WILDERNESS PRESERVATION SYSTEM ACT, 16 USC § 1131, including, but not limited to, 36 CFR Part 251 (Land uses), 36 CFR Part 293 (Wilderness/Primitive Areas), 43 CFR Part 19, 50 CFR Part 35 (Wilderness Preservation).

(c) NATIONAL TRAILS SYSTEM ACT, 16 USC §§ 1241 et. seq. and M.G.L. c. 132A,§ 12, and any applicable regulations.

(d) HISTORIC PARKS, 16 USC § 410 et. seq., and any applicable regulations.

(e) STATE RECREATION AREAS, M.G.L. c. 132A,§§ 11A et. seq. and M.G.L. c. 184,§ 31, and any applicable regulations.

(f) PUBLIC PARKS ACT, M.G.L. c. 45,§ 7, and any applicable regulations

(g) FORESTRY ACT, M.G.L. c. 132, and any applicable regulations.

(h) STATE RECREATION AREAS, M.G.L. c. 132A,§§ 2A, 2B, and any applicable regulations.

(i) PLAYGROUNDS ACT, M.G.L. c. 45,§§ 14 et. seq., and any applicable regulations.

(j) SHADE TREE ACT, M.G.L. c. 87, and any applicable regulations.

(k) PROTECTION OF WATERSHED RESOURCES AND PRESERVATION OF NATURAL SCENERY IN THE BERKSHIRE MOUNTAINS, M.G.L. c. 131,§ 39A, and any applicable regulations.

(l) MONUMENTS AND MARKS, M.G.L. c. 41,§§ 79, 81C, 81D, and any applicable regulations.

(m) EMINENT DOMAIN ACT, M.G.L. c. 79 et. seq., and any applicable regulations.

(n) DESIGNATION OF SCENIC ROADS, M.G.L. c. 40,§ 15C, and any applicable regulations.

(3) ENDANGERED SPECIES, PROTECTION OF FISH AND WILDLIFE.

(a) FISH AND WILDLIFE COORDINATION ACT, 16 USC § 661 - 666C, and any applicable regulations.

(b) BALD AND GOLDEN EAGLE PROTECTION ACT, 16 USC § 668 - 668(d), and any applicable regulations.

(c) ENDANGERED SPECIES OF FISH AND WILDLIFE (including Migratory Birds), 16 USC § 668dd et. seq.; M.G.L. c. 131 §§ 74 through 76, and any applicable regulations.

(d) ENDANGERED SPECIES ACT, 16 USC § 1531-43, including, but not limited to, 50 CFR Part 17 (endangered and threatened wildlife and plants); 50 CFR Part 23 (endangered species convention); 50 CFR Part 81, 50 CFR Part 225 (conservation of endangered and threatened species of fish, wildlife, and plants -- cooperation with the states); 50 CFR Part 424 (listing endangered and threatened species and designating critical habitat), and M.G.L. c. 131A,§§ 1 through 6.

(e) NATIONAL ESTUARY PROGRAM, 33 USC §§ 1330 et. seq., and any applicable regulations.

(f) FISH AND GAME LAW, M.G.L. c. 131,§ 1 et. seq., and any applicable regulations.

(g) WILDLIFE SANCTUARIES, M.G.L. c. 131,§§ 7 through 10, including, but not limited to, 321 CMR 7.01.

(h) PROTECTION OF INLAND WETLANDS, M.G.L. c. 131,§ 40A, and any applicable regulations.

(i) DIVISION OF FISHERIES AND WILDLIFE, M.G.L. c. 21,§7 et. seq., including, but not limited to, 321 CMR 2.01 et. seq.

(4) WILD AND SCENIC RIVERS, LAKES.

(a) WILD AND SCENIC RIVERS ACT, 16 USC § 1271, and any applicable regulations.

(b) COASTAL ZONE MANAGEMENT ACT, 16 USC § 1451, and any applicable regulations.

(c) EXECUTIVE ORDER 11990, PROTECTION OF WETLANDS , 42 USC § 4321, and any applicable regulations.

(d) CAPE COD NATIONAL SEASHORE PROTECTION, 16 USC § 459b, and any applicable regulations.

(e) COASTAL WETLANDS PROTECTION, M.G.L. c. 130,§ 105, including, but not limited to, 310 CMR 10.01 et. seq.

(f) STATE RECREATION AREAS, M.G.L. c. 132A, including, but not limited to, 302 CMR 5.00et. seq.

(g) WETLANDS PROTECTION ACT, M.G.L. c. 131,§ 40 et. seq.,including , but not limited to, 310 CMR 10.00.

(h) SCENIC & RECREATIONAL RIVERS, M.G.L. c. 21,§ 17B, and any applicable regulations.

(i) WATER AND WATERWAYS, M.G.L. c. 91,§§1 through 59, and any applicable regulations.

(j) WATER MANAGEMENT ACT, M.G.L. c. 21G, and any applicable regulations.

(k) MASSACHUSETTS CLEAN LAKES AND GREAT POND PROGRAM, M.G.L. c. 21,§ 30A, and any applicable regulations.

(l) LOWLANDS AND SWAMPS, M.G.L. c. 252,§ 1 et. seq., and any applicable regulations.

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