FT ae me rr a ed SS MARINE PROTECTION RESEARCH AND SANCTUARTES ACT (OCEAN DUMPING ACT) Sections 102 and 103 require permits from either the EPA or the Corps for the deep ocean disposal of pollutants beyond the 3-mile limit. The Corps issues the permit for the transportation and discharge of dredged or fill materials while EPA issues permits for the discharge of other substances. EPA also must approve of the suitability of the material for disposal, usually demonstrated through laboratory bioassay toxicity tests unless the material is “clean” enough to be exempted from testing. EPA must also designate the disposal sites, a process which usually involves oceanographic baseline studies and analysis of the consequences of disposal at the proposed site. NATIONAL HISTORIC PRESERVATION ACT Federal actions or those subject to federal permits that may affect historic resources listed or eligible to the National Register of Historic Places require coordination with federal and territorial historic preservation agencies (Department of the Interior, Advisory Council of Historic Preservation, Trust Territory Historic Preservation Office). Sites at Bikini that may be eligible for listing include: the Atoll as a whole because of its historic role in nuclear testing, shipwrecks in the lagoon, the cemetery, sacred sites or reef areas, and unrecorded archaeological sites on the inhabited islands. If the cleanup is to affect eligible sites, usually an archaeological/nistoric study is performed which includes recommendations to salvage data or protect resources of significance. These recommendations are then coordinated with the preservation agencies for their views and recommendations. ARCHAEOLOGICAL AND HISTORIC DATA PRESERVATION ACT This act requires a federal agency to finance the recovery, protection, and preservation of significant archaeological and historic data when it determine that its construction project may cause irreparable loss or destruction of such data. ENDANGERED SPECIES ACT Section 7 requires that federal agencies consult with the U.S. Fish and Wildlife Service (FWS) or National Marine Fisheries Service (NMFS) for federal undertakings that may affect any listed threatened or endangered species in order to consider conservation measures to avoid jeopardy to those species. Populations of the Green Sea Turtle, a threatened species, occur at Bikini and actions that affect the nesting and feeding habitat of this species must be evaluated and coordinated with the Services. Other listed sea turtles may occur at Bikini as well, but no other listed plants or animals are likely to be found there. FISH AND WILDLIFE COORDINATION ACT Section 2b of the Act requires federal agencies to coordinate with the FWS and the NMFS for federal projects requiring Congressional authorization that would affect fish and wildlife resources. This also applies to projects requiring certain federal permits. Usually, the Services prepare letters or reports which evaluate the consequences of the project on fish and wildlife resources and recommend measures to mitigate the impacts. 2080136 E-3 -