Border Security: Barriers Along the U.S. International Border
Congressional Research Service 47
Laws Waived General Requirements
42 U.S.C. §§ 9601 et seq.
waste at these locations. Federal agencies and instrumentalities are subject to
these requirements to the same extent as nongovernmental entities,
including with respect to liability.
Federal Land Policy and Management
Act (FLPMA)
43 U.S.C. §§ 1701 et seq.
The Federal Land Policy and Management Act establishes guidelines for the
management and protection of federal public lands, as administered by the
Secretary of the Interior through the Bureau of Land Management (in
coordination with the Secretary of Agriculture with respect to lands in the
National Forest System), and imposes procedural requirements for land
transfers and exchanges. In developing land use plans, the Secretary is
required to consider protection of areas of critical environmental concern
and compliance with federal and state pollution control laws. The Secretary
of the Interior, with respect to the public lands, and, the Secretary of
Agriculture, with respect to lands within the National Forest System, are
authorized to grant rights-of-way through such lands to other federal
agencies, subject to terms and conditions imposed by the Secretary
authorizing the right-of-way.
Fish and Wildlife Coordination Act
(FWCA)
16 U.S.C. §§ 661 et seq.
The Fish and Wildlife Coordination Act generally provides that whenever the
waters of any stream or other body of water are proposed to be modified by
a federal agency, the agency must first consult with the United States Fish and
Wildlife Service, Department of the Interior, and the head of the agency
exercising administration over the wildlife resources of the state where the
construction will occur, with a view to the conservation of wildlife resources.
Archaeological and Historic
Preservation Act (AHPA)
16 U.S.C. §§ 469 et seq.
The purpose of the Archeological and Historical Preservation Act is to
provide for the preservation of historical and archeological data which might
otherwise be irreparably lost or destroyed as the result of, among other
things, any alteration of terrain caused by a federal construction project. If a
federal agency becomes aware that its activities in connection with a
construction project may cause irreparable loss or destruction of significant
scientific, prehistorical, historical, or archeological data, the agency must
notify the Secretary of the Interior. If the Secretary deems such data to be
significant and in danger of being irrevocably lost or destroyed, he is
authorized to take action to protect and recover it.
Antiquities Act
16 U.S.C. §§ 431 et seq.
The Antiquities Act authorizes the President to declare as national
monuments historic landmarks, historic and prehistoric structures, and other
objects of historic or scientific interest. This land is then withdrawn from any
other use. The Secretaries of the Interior, Agriculture, and the Army may
issue permits to qualified scientific or educational institutions for the
excavation of archaeological sites and gathering of objects of antiquity on
lands under their respective jurisdictions. Penalties are provided for damaging
resources protected under the Act.
Historic Sites, Buildings, and
Antiquities Act (HSBAA)
16 U.S.C. §§ 461 et seq.
The Historic Sites, Buildings, and Antiquities Act declares it the national
policy to preserve histories, sites, buildings, and objects of national
significance. The Secretary of the Interior, through the National Park Service,
is charged with implementing the policy of the HSBAA, including through the
acquisition, maintenance, administration of historic sites. Persons who violate
any rules or regulations promulgated under the HSBAA may be subject to a
fine.
Arizona-Idaho Conservation Act of
1988
16 U.S.C.§§ 460xx et seq.
The Arizona-Idaho Conservation Act established the San Pedro Riparian
National Conservation Area, consisting of public lands surrounding the San
Pedro River in Cochise County, Arizona. The Secretary of the Interior is
responsible for managing the area in a manner that conserves and protects its
wildlife and other resources. The Secretary may only permit uses of the
conservation area that are determined to further the primary purposes for
which the conservation area was established. Except in limited circumstances,
motorized vehicles are permitted only on designated roads. Persons who