43.31 - Protected Lands, species and Resources

43.31. Protected Lands, species and Resources

(1) Exclusion Criteria.

(a) Areas of Critical Environmental Concern. Exclude sites located in any area of critical environmental concern designated pursuant to M.G.L. c. 21A, § 2(7), st. 1974,c. 808, § 401(e) and 301 CMR 11.15.

(b) Scenic Rivers and Streams. Exclude sites located in scenic and recreational rivers and streams of the commonwealth" designated pursuant to 302 CMR 3.00;

(c) Federally Protected Resources. Exclude sites that are reasonably likely to adversely affect any national park, monument, lake shore, habitat of endangered species, or area protected by the Wilderness Act, 16 USC §§ 1131 through 1136, the Wild and Scenic Rivers Act, 16 USC §§ 1771 through 1287, and the Fish and Wildlife Coordination Act, USC §§ 661 through 666c; or the National Historic Preservation Act, 16 USC §§ 470 through 470m.

(2) Conditional Consideration Criteria.

(a) Consider sites located on any lands or resources which have been taken by the General Court pursuant to its authority set forth in Article 97 of the Constitution of Massachusetts, as amended prior to the date on which the Board affirmatively votes to initiate site selection pursuant to M.G. L. c. 111H, § 17, on the condition that, prior to the construction of the facility, a law is enacted by a b vote, taken by yeas and nays, of each branch of the General Court, allowing such land or resource to be used for such purpose.

(b) Consider sites located on protected areas provided that the area is not excluded under 310 CMR 43.31(1) and further provided that prior to the construction of the facility:

1. the laws or regulations establishing or controlling activities in protected areas do not expressly or by necessary implication preclude the siting of a low-level radioactive management facility; and

2. all applicable conditions contained in said laws or regulations that would continue to be applicable to the site if it were acquired pursuant to M.G.L. c. 111H, § 23(g) are satisfied; and

3. all applicable permits, licenses, approvals, notifications or waivers required for a facility on state-owned land are obtained.

(c) Consider sites located in proximity to protected areas on the condition that locating a facility in proximity to the protected area is not reasonably likely to adversely affect the protected area.

(3) Preference Criteria.

Adverse Impacts. Prefer sites which are less likely to have an adverse effect on a protected area over sites which are more likely to have an adverse effect.

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