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Appendix E

 

 

Federal Cross-Cutting Authorities

 


The following is a list of Federal Cross-cutting Authorities

 

Environmental Authorities

 

Archeological and Historic Preservation Act of 1974, Pub.  L. 86-523, as amended

Relating to identifying relics and specimens and other forms of scientific, prehistoric, historical or archeological data that may be lost in the course of federally-sponsored construction

Contact the Maine Historic Preservation Commission

 

Clean Air Act, Pub.  L. 84-159, as amended

Regarding conformity of federal actions to State Clean Air Implementation Plans.  Section 176(c) of the act prohibits any federal assistance for an activity that fails to conform with an applicable state implementation plan

Contact the Maine Dept. of Environmental Protection

 

Coastal Barrier Resources Act, Pub.  L. 97-348

Restricts federal financial assistance that would have the effect of encouraging development in the Coastal Barrier Resources System and in the wetlands, natural habitats, and other ecosystems adjacent to the coast barriers.  Maine statutes and regulation further limit expenditures of funds within the Coastal Barrier

Contact the Maine Geological Survey

 

Coastal Zone Management Act, Pub.  L. 92-583, as amended

Regarding assurance of project consistency with the approved State management program developed under this act.  Federal activities, including financial assistance to state and local governments, affecting the coastal zone must be consistent with approved state coastal zone management plans

Contact the Maine Geological Survey

 

Endangered Species Act, Pub.  L. 93-205, as amended

Requires federal agencies to ensure that their activities do not jeopardize any listed or proposed endangered or threatened species or the critical habitat on which they depend

Contact the U.S. Fish and Wildlife Service

 

Environmental Justice, Executive Order 12898

Regarding disproportionately high and adverse human health or environmental effects on minority populations and low-income populations

 

Floodplain Management, Executive Order 11988 as amended by Executive Order 12148

Regarding evaluation of flood hazards in floodplains, requires federal agencies undertaking or assisting activities to determine whether the proposed activities will occur in a floodplain, to select alternative locations to a floodplain if that is practicable, and if no practical alternatives are available, to take measures to reduce the risk of flood damage

Contact local town and regional planning agencies


Protection of Wetlands, Executive Order 11990

Directs federal agencies to determine whether proposed activities will be located in or affect a wetland and to refrain from damaging or altering wetlands in any manner when there are feasible alternatives to the action

Contact the U. S. Army Corps of Engineer

 

Farmland Protection Policy Act, Pub.  L. 97-98

Directs federal agencies to identify the potential adverse effects of their programs on farmland and its conversion to nonagricultural uses and to take mitigating or alternative measures to lessen these effects

Contact the Natural Resource Conservation Service

 

Fish and Wildlife Coordination Act, Pub.  L. 85-624

Requires federal agencies to consult with U.S. Fish and Wildlife Service officials and state wildlife officials during the planning phases for any project that will control or modify a body of water to mitigate any harmful effects the water resource development project may have on wildlife and its habitat in the project area

Contact the USACOE

 

National Historic Preservation Act of 1966, Pub.  L. 89-665, as amended

Requires agencies to identify and nominate for National Register of Historic Places resources under its control and to ensure that these resources are not inadvertently transferred, sold, demolished, substantially altered, or allowed to deteriorate significantly

contact: DWP has listing of sites and contacts for each

 

Safe Drinking Water Act, Pub.  L. 93-523, as amended

Regarding protection of underground sources of drinking water, prohibits federal financial assistance for any project which EPA determines may contaminate any aquifer that serves as the sole or principal source of drinking water for a community

Contact the U. S. Environmental Protection Agency (for single source aquifers)

 

Wild and Scenic Rivers Act, Pub.  L. 90-542, as amended

Related to protecting components or potential components of the national wild and scenic rivers system, prohibits federal assistance for water resources development projects that would have adverse effects on the scenic, recreational, or other special values of a wild and scenic river

contact: DWP has listing of Wild & Scenic Rivers with contacts

 

Economic and Miscellaneous Authorities

 

Demonstration Cities and Metropolitan Development Act of 1966, Pub.  L. 89-754, as amended, Executive Order 12372

Requires federal agencies to consult with local officials to ensure smoother coordination of their assistance programs and to ensure that projects funded under federal programs are consistent with local planning requirements

contact: Town and regional planning agencies


Procurement Prohibitions under Section 306 of the Clean Air Act and Section 503 of the Clean -Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Act with Respect to Federal Contracts, Grants or Loans Regarding procurement of goods, materials, and services from facilities/individuals convicted of a violation of the Clean Air Act or the Clean Water Act

 

Uniform Relocation and Real Property Acquisition Policies Act, Pub.  L. 91-646, as amended

Establishing a uniform policy for fair and equitable treatment of persons displaced from their homes, farms, or businesses (or whose property is acquired as a result of Federal or federally assisted programs) to make way for federal or federally assisted projects.  These requirements apply to all interested in real property acquired for project purposes regardless of Federal participation in the purchase.

 

Debarment and Suspension, Executive Order 12549

Regarding exclusion of debarred and suspended parties from participation in programs and activities involving federal financial and non-financial assistance and benefits

 

Social Policy Authorities - All of the following, in combination, prohibit discrimination in the provision of benefits or service on the basis of race, color, national origin, sex, handicap, or age in programs or activities receiving federal financial assistance

Contact theMaine Human Rights Commission

 

Age Discrimination Act of 1975, Pub.  L. 94-135

Prohibiting discrimination on the basis of age

 

Civil Rights Act of 1964, Title VI, Pub.  L. 88-352

Prohibiting discrimination on the basis of race, color, or national origin

 

Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Pub.  L. 92-500 (the Clean Water Act)

Prohibiting discrimination on the basis of sex

 

Section 504 of the Rehabilitation Act of 1973, Pub.  L. 93-112 (including Executive Orders 11914 and 11250)

Prohibiting discrimination on the basis of handicap

 

Equal Employment Opportunity, Executive Order 11246

Requiring all federal contracting agencies to include nondiscrimination and affirmative action provisions in all contracts and to require that these provisions be included in subcontracts

 

Women's and Minority Business Enterprise, Executive Orders 11625, 12133 and 12432

Requires federal agencies to take actions to increase the participants of minority and women-owned business enterprises in the financial assistance programs of federal agencies and in contracts awarded by state and local recipients of federal assistance

 


Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Pub.  L. 100-590

Encouraging the use of small business concerns located in rural areas