State and Local Permits and Approvals

DOE-STD-6003-96

cover any substance defined as hazardous under CERCLA (Superfund) and includes

underground tanks containing petroleum products.

2. Federal procurement guidelines. The EPA has established and published Federal

guidelines for several materials: building installation products containing recovered

materials; cement and concrete containing fly ash; paper and paper products contain-

ing recovered material; lubricating oils containing re-refined oil; and retreaded tires.

Particular attention should be paid to the cement and concrete guideline as it may

apply to the construction phase of the program. Major procurement actions for ser-

vices and materials for the fusion facilities should include specifications for the use of

recycled and recovered materials.

The Fish and Wildlife Coordination Act and National Wildlife Refuge Systems Administra-

tion Act Permit Requirements include consultation with the FWS concerning project activities

that (1) may conflict with the protection and conservation purposes set by the National Wildlife

Refuge System (a permit may also be required); (2) may impact birds, especially migratory birds

on the site; and (3) may modify, control, or impound, due to construction activities, a body of

water greater than or equal to 10 acres. The State Administrator of wildlife resources must also

be consulted for (2) and (3).

In the Bald and Golden Eagles Protection Act, a Federal Fish and Wildlife License Permit

is required if upon investigation of the proposed site, a golden eagle's nest is found and must be

disturbed. A Federal Fish and Wildlife License Permit Application shall be submitted to the

Assistant Regional Director for Law Enforcement of the district in which the site is located. If a

permit is granted, the Director of Law Enforcement of the district in which the site is located shall

be notified in writing at least 10 days, but no more than 30 days, before any golden eagle nest is

taken. Any mitigation measures determined by the Director shall be complied with and a report

of activities conducted under the permit shall be submitted to the Director within 10 days follow-

ing the permit's expiration.

The Archaeological Resources Protection and National Historic Preservation Acts require

consultation with the Advisory Council on Historic Preservation if a proposed project will impact

a site with historic/prehistoric ruins, monument, or object of antiquity, or a site on the National

The AIRFA provides the following guidance. If a project site falls into the category of a

Native American religious or sacred site, consultation is required with Native American leaders

to determine if the proposed action would infringe on constitutional rights or impact Native

American traditional religions.

3.2.2 State and Local Permits and Approvals

Specific state and local permitting and approval requirements may vary by location; how-

ever, general guidance is provided in the following sections.