# Implementation Guidance

## April 2005

# Environmental Evaluation 

## **NE-CPA-52**

# Table of contents

Page \#

Introduction 1

National Application

State Application

Tiering 3

Comment Boxes 4

General Instructions 4

Spreadsheet Tips 5

Special Environmental Concerns/Guide Sheets 6

Comment Boxes text

Economic & Social Considerations 16

Economic & Social Considerations Help Sheet 18

[See separate Excel spreadsheet for form]{.underline}:

NE-CPA-52 April 2005

[See separate Excel spreadsheet for tiering references]{.underline}:

Nebraska NEPA Tiering References April 2005

# 

# Environmental Evaluation 

## **NE-CPA-52**

# Introduction

**National Application**

The Natural Resources Conservation Service (NRCS) planning policy
defines the environmental evaluation (EE) as the part of planning that
inventories and estimates the potential effects on the human environment
of alternative solutions to resource problems. A wide range of
environmental data together with social and economic information is
considered in determining affects on the human environment. The EE aids
in the consideration of alternatives and in the identification of
available resources. The EE for a program, regulation, or individual
action is documented on a CPA-52, "Environmental Evaluation Worksheet,"
or state equivalent and is used to make NEPA compliance decisions. The
EE is where NEPA and the NRCS planning process come together.

The National Planning Procedures Handbook states that the EE is "a
concurrent part of the planning process in which the potential long-term
and short-term impacts of an action on people, their physical
surroundings, and nature are evaluated and alternative actions
explored."

NRCS begins consideration of environmental concerns when information
gathered during the EE is used to:

1\. Identify environmental concerns that may be affected, gather
baseline data, and predict effects of alternative courses of actions.

2\. Provide data to applicants for use in establishing objectives
commensurate with the scope and complexity of the proposed action.

3\. Assist in the development of alternative courses of action. In
NRCS-assisted project actions, nonstructural, water conservation, and
other alternatives that are in keeping with the Water Resources
Council\'s Economic and Environmental Principles and Guidelines for
Water and Related Land Resources Implementation Studies are considered.

4\. Perform other related investigations and analyses as needed,
including economic evaluation, engineering investigations, etc.

5\. Assist in the development of detailed plans for implementation,
operation and maintenance.

NRCS provides conservation planning assistance on individual land units
and to groups through a variety of programs. All NRCS planning
activities are concerned with the effects on the environment, as is
NEPA. The purpose of NRCS assistance is to improve the condition and
function of natural resources, increase the sustainability of
agriculture and, when feasible, improve the economic well-being of NRCS
clients. As a federal agency, NRCS must assure that its assistance is
provided in compliance with all applicable federal, state, Tribal, and
local laws, program rules, policy statements, Executive Orders, and
international agreements. Satisfying NEPA requirements, therefore, is an
integral part of the NRCS planning process and should not be viewed as a
separate process.

**State Application**

NRCS planning and NEPA compliance stems from the EE. The EE is a
preliminary scoping process, which identifies the ecological, social,
and economic factors that the proposed action is likely to affect and
briefly considers what those effects are likely to be. The results of
the EE are documented on form NE-CPA-52, \"Environmental Evaluation for
Conservation Planning.\" When NRCS provides planning assistance, field
offices must conduct an EE and document the results to ensure
consideration of all resource concerns, including those that are
specially protected.

An important result of the EE process is to determine the need for a
NEPA document to be prepared. Thus, the RFO (Responsible Federal
Official), usually the district conservationist for field-level actions,
must document a "finding" in section "P" of the NE-CPA-52 indicating
their decision about whether NEPA documentation needs to be prepared
before a proposed action is implemented, and the reasons for making that
finding. The EE process applies to all assistance provided by NRCS,
including both financial and technical assistance, so the NE-CPA-52 must
also be completed in all cases.

Throughout the EE, the NE-CPA-52 should be supplemented with attachments
and assistance notes as needed. The form provides the basic template to
work from but often there are circumstances that require additional
space for documenting things such as qualitative and quantitative data
describing the current condition of the natural resources in the
planning area, the resource condition after application of conservation
practices, and the relationship between the resource conditions and the
quality criteria.

At a minimum, document the effects of the proposed action and the no
action alternative. Consider both long-term and short-term effects.
Consider effects which may be individually minor but cumulatively
significant at a larger scale or over an extended time period. As
necessary, attach additional pages to quantify effects. At the request
of the client, additional alternatives may be developed and their
effects evaluated. The differences between the no action, proposed
action, and the other alternatives should become apparent.

Overall guidance on the EE and NEPA process are provided in the National
Environmental Compliance Handbook (NECH) October 2003. The NECH (link
given below) defines the NRCS's role in NEPA, and gives strong
recommendations on how to implement compliance.

<http://policy.nrcs.usda.gov/scripts/lpsiis.dll/H/H_190_610_Content.htm>

# Environmental Evaluation

## **NE-CPA-52**

# Tiering

The purpose of tiering is to avoid duplication of paperwork, eliminate
repetitive discussions of the same issues, and to focus on the actual
issues pertinent for decision making at each level of environmental
review. Tiering is the coverage of general matters in broader documents
with subsequent narrower statements or environmental analyses.

When a broad NEPA document, such as an EIS or EA (environmental impact
statement or environmental assessment), has been prepared regarding an
entire program, policy, watershed plan, etc., a subsequent assessment or
evaluation that is site specific is then prepared (CPA-52). The issues
discussed in the broader statement may be summarized and included by
reference (CPA-52 section Q.). This process allows for incorporation by
reference the discussions and effects analysis from previous NEPA
documentation and then concentrates on the issues specific for the
proposed action.

The CPA-52 Resource Considerations, Economic and Social Considerations,
and Special Environmental Concerns sections assist in summarizing
alternatives and effects, and identify special conditions that either
may or may not have been sufficiently analyzed in an appropriate NEPA
document.

A listing of NEPA documents that are available for tiering is maintained
by the State Office. Only those documents on that list may be used to
tier to. Documents prepared by other agencies (i.e., FSA, Bureau of Land
Management) may not be used until the NRCS has officially adopted them
for their specific use. If your action does not match those that have
already been analyzed in a national NRCS or NRCS Nebraska specific NEPA
document on that list, or the effects are unknown, then refer to the
State Office Environmental Specialist for further guidance. An
individual EA or EIS may need to be prepared.

[See separate Excel spreadsheet for tiering references]{.underline}:

Nebraska NEPA Tiering References April 2005

# Environmental Evaluation 

## **NE-CPA-52**

# Comment Boxes

Blocks with associated comments are indicated by a small red triangle in
the upper right corner.

Aim the mouse pointer at the text area and the comment box will pop-up.
When the pointer is moved off the text box area the comment box will
disappear. If you wish to have the comment box stay active, then right
click with the mouse and select "Show Comment" and then to hide the
comment box, right click with the mouse and select "Hide Comment."

Comment boxes have specific information that will assist you in
completing the form. Some of the information is repetitive of portions
of this "Implementation Guidance," but be sure to become familiar with
both to fully understand the EE and NEPA processes and properly complete
the documentation.

# General Instructions

## General form instructions are included as a worksheet tab "instructions" in the NE-CPA-52. These are standard form instructions and help to clarify some basic principals of the form. This tab also contains information regarding "Criteria for Identifying Extraordinary Circumstances". Here is where you will find guidance so that when you prepare to make the NEPA finding (P. Findings), you can review the action to see if there is something that would "red flag' your activity as being of additional concern and possibly needing further review. This is very important when saying something is "categorically excluded" since that determination is dependent of there NOT being any extraordinary circumstances. Extraordinary circumstances could also move your activity from the "sufficiently analyzed" category to "unknown" if you aren't sure if those specific extraordinary circumstances were reviewed in the NEPA document you plan on citing for tiering application. Contact the state office Environmental Specialist for assistance in these areas.

# Environmental Evaluation

## **NE-CPA-52**

# Spreadsheet Tips

**Economic and Social Considerations pop-up help screen:**

> [This pop-up screen assists in completing the form by containing
> suggestions for the economic and social effect of each
> practice.]{.underline} After making the selection from pick list be
> sure to press "enter" to activate that selection. This Help screen is
> only available when it is activated. Use the "print Scrn" option to
> copy and paste the view to a word document if you desire a hard copy
> to view when completing the form or working with a client.

**Comment boxes** (small red triangle in upper right of cell):

> Contain information pertinent to filling in form. Some of the boxes
> are quite large and may need to be locked open to be able to scroll
> screen:

Right click on box

> Pick "Show Comment" to lock box open
>
> When done right click box and pick "Hide Comment"

**Drop-down lists**:

> Some boxes have a drop down list with possible choices to select from.
> If other answers are desired, then the box can be filled out manually
> or the information should be put in the Other/notes sections of the
> form. Effects boxes that are available to fill electronically are:
> Resource Considerations, Economic and Social Considerations, and
> Special Environmental Concerns. Some examples of various choices are:
>
> **Resource Considerations/**
>
> **Economic & Social Considerations**
>
> significant decrease
>
> moderate decrease
>
> slight decrease
>
> No Effect
>
> To Be Determined
>
> Not Applicable
>
> See Attached Documentation
>
> See Other/notes below
>
> slight increase
>
> moderate increase
>
> significant increase
>
> good
>
> average
>
> poor
>
> minor
>
> major
>
> **Special Environmental Concerns**
>
> No Effect-see documentation
>
> No Effect
>
> Consultation needed
>
> To Be Determined
>
> See Attached Documentation
>
> May Affect
>
> NLAA concur

#  Environmental Evaluation 

## **NE-CPA-52**

# Special Environmental Concerns/Guide Sheets

# 

Special environmental concerns (NE-CPA-52 section J) are specific
requirements for the protection of the environment that must be taken
into account during the planning process. Some special environmental
concerns are based on laws and their implementing regulations, others
are based on Executive Orders or NRCS policy, while still others are
based on local rules or ordinances. Some special environmental concerns
require that we follow different procedures than others, and some
require that the responsible federal official (RFO) consult or
coordinate with another Federal agency under certain conditions or that
a permit or other action may be required. For each of the concerns
listed on the NE-CPA-52 there is an Evaluation Procedure Guide Sheet to
assist you in following the proper procedures. These Guide Sheets
provide a step by step process to help clarify whether or not there are
concerns that need to be addressed in your planning process and
alternative development.

# 

# Not all special environmental concerns apply in all areas. For example, if you are in Box Butte County, you do not have to consider Wild and Scenic Rivers when you develop a conservation plan; however, it is important to ensure that the special environmental concerns that do apply are addressed during the planning process. It should be noted that the Guide Sheets for Cultural Resources and Endangered and Threatened Species are required attachments for all NE-CPA-52s (as well as the Resource Considerations Field Inventory Guide Sheet). The other Guide Sheets should be attached as needed to help clarify the decision making process and compliance with that specific concern.

# 

The person/planner who completes the NE-CPA-52 is the person who is
providing the technical conservation assistance. The individual
responsible for completing the NE-CPA-52 must sign, indicate their
title, and date the first signature block "N" on the form to indicate
that the information recorded on the NE-CPA-52 is the best available
information. This signature is particularly important when a third party
technical service provider (TSP) is completing the NE-CPA-52 or when
NRCS is providing technical assistance on behalf of another agency. In
such cases, the individual carrying out the EE process and documenting
the results on the NE-CPA-52 is not the responsible federal official
(RFO) and does not have authority to make the NEPA "P. Findings" or
conduct consultations on behalf of the responsible agency. In this
situation, the RFO is required to carry out these responsibilities and
then complete the second signature block. It is critical that the
responsible agency be able to rely on the information provided in the
NE-CPA-52 so it can appropriately carry out its environmental compliance
responsibilities.

For example, if NRCS is providing technical assistance for CRP and NRCS
determines an endangered species may be affected by the conservation
practices to be implemented, then NRCS must document this effect on the
NE-CPA-52, and indicate that the Farm Service Agency (FSA), as the RFO,
should consult with the U.S. Fish and Wildlife Service (FWS). NRCS
should not conduct the consultation on FSA's behalf. Likewise, if a
Technical Service Provider (TSP) is developing a conservation plan for a
client who hopes to receive Environmental Quality Incentive Program
(EQIP) funds from NRCS, the TSP must indicate on the NE-CPA-52 whether
any listed or proposed species or designated critical habitat may be
affected if the plan is implemented and document the types of effects
that are expected. The TSP may not, however, consult with USFWS on
NRCS's behalf.

Don't forget that if you're only providing technical assistance and you
don't work directly for the agency that's providing the financial
assistance, you just need to check for the presence of the affected
resources and evaluate the anticipated effects on those resources, thus
making a recommendation about whether the funding agency needs to
consult. You are not to do the actual consultation yourself.

If you do need a consultation, contact the applicable State Office
contact, as indicated on the Guide Sheet, to assist with that
coordination.

If there are any questions pertaining to addressing these concerns,
please contact the state office Environmental Specialist.

**Refer to the Field Office Technical Guide for specific information
such as detailed area maps for endangered species, wild and scenic
rivers, etc. The technical guide will continue to be updated with
information to clarify and help address the concerns.**

**Below is the text for the comment boxes that are on the NE-CPA-52 for
each of the Special Environmental Concerns.**

**Cultural Resources:** These resources are artifacts, buildings, other
structures, objects and places, of historical, cultural or scientific
importance to our society. They occur on public, private and Indian
land; most are not known in any formal inventory, nor to anyone. It is
NRCS policy to protect significant resources in place to the maximum
practical extent, and to mitigate unavoidable adverse effects. Mere
presence of cultural resources does not make them significant. Formal
evaluation using National Register of Historic Places criteria may show
them to be significant and eligible, and others may already be listed.
This process does not diminish any private property rights. It does
affect what and how NRCS actions may be implemented.

FO employees and the DC at all levels of operations are the most
critical component to successfully fulfilling NRCS cultural resource
responsibilities. NRCS employees locate and assist in identifying the
presence of cultural resources, evaluated or not, that may be affected
by, because of NRCS approval, or technical or financial assistance.

The most effective cultural resource reviews are those initiated at the
field office level during planning by employees who have completed
Modules 1 through 8 of the basic cultural resource training. Inspections
gather basic information and appropriately consider whether indicators
are present. FO employees will contact their FOCRC or the State CRS if
further assistance is needed. The FO documents resource decisions in
case files and CPA 52.

**Endangered & Threatened Species:** Consult Section II of the NETG for
implementation guidance that will assist you in the threatened and
endangered species review process. If you are still uncertain about the
status of endangered or threatened species or their habitats in the
planning area and/or impact zone, consult with a

Nebraska NRCS biologist or environmental specialist. Refer to GM 190
Part 410.22 for NRCS\'s policy concerning endangered and threatened
species

**Environmental Justice:** Executive Order 12898, Feb 11 1994

Environmental Justice means that, to the greatest extent practicable and
permitted by law, all populations are provided the opportunity to
comment before decisions are rendered on proposed federal actions.
Furthermore, the principles of environmental justice require that
populations are allowed to share in the benefits of, are not excluded
from, and are not affected in a disproportionately high and adverse
manner by, government programs and activities affecting human health or
the environment.

Executive Order 12898 issued February 11, 1994 requires each Federal
Agency to make Environmental Justice a part of its mission. Agencies are
to identify and address disproportionately high and adverse human health
or environmental effects of its programs, policies, and activities on
minority populations, low-income populations, and Indian Tribes.
Environmental Justice must be applied throughout the United States, its
territories and possessions, the District of Columbia, the Commonwealths
of Puerto Rico and the Mariana Islands. Environmental Justice issues
encompass a broad range of impacts covered by NEPA, including impacts on
the natural or physical environment and related social, cultural, and
economic impacts. The primary means to attain compliance with
environmental justice considerations is through the inclusion of
low-income, minority, and tribal populations in the planning process and
by translating documents into other languages when members of the
affected area are not English-speaking.

**Fish and Wildlife Coordination Act:** If a consultation is needed with
the U.S. Fish and Wildlife Service (USFWS) then NRCS shall give full
consideration to the recommendations and those recommendations shall be
made an integral part of any plan submitted for authorization or
approval by any agency or person.

Fish and Wildlife Coordination Act, March 10, 1943 as amended

The Fish and Wildlife Coordination Act (FWCA), as amended, proposes to
assure that fish and wildlife resources receive equal consideration with
other values during the planning of water resources development projects
and programs. The Act was passed because the goals of water-related
actions (e.g., flood control, irrigation, hydroelectric power) may
conflict with the goal of conserving fish and wildlife resources.

The FWCA requires NRCS to consult with the U S Fish and Wildlife Service
(FWS) whenever the waters of any stream or other body of water are
proposed or authorized to be impounded, diverted, the channel deepened,
or the stream or other body of water otherwise controlled or modified
for any purpose whatever. The Act also requires consultation with the
head of the state agency that administers wildlife resources in the
affected state. The purpose of this process is to promote conservation
of wildlife resources by preventing loss of and damage to such resources
and to provide for the development and improvement of wildlife resources
in connection with the action.

Although the recommendations of the FWS and state officials are not
binding, NRCS must give them full consideration. Any recommendations
made by those officials shall become an integral part of any plan
prepared by NRCS that is subject to authorization or approval by any
agency or person. The plan must also include an estimate of the wildlife
benefits or losses to be derived from the proposed project and a
description of the conservation measures NRCS finds should be adopted to
obtain maximum overall project benefits.

**Floodplain Management**: Executive Order 11988, May 24 1977

Floodplains are defined as lowlands or relatively flat areas adjoining
inland or coastal waters, including at a minimum areas subject to a one
percent or greater chance of flooding in any given year.

The \"base\" floodplain is set equal to the \"100-year\" floodplain, the
so-called \"one percent chance floodplain\". The \"critical action\"
floodplain is defined as the 500-year floodplain (the 0.2 percent chance
floodplain) where there is the presence of a facility, such as a school,
hospital, nursing home, utility or a facility producing volatile, toxic
or water-reactive materials. Floodplains may be shown on maps produced
by the Federal Emergency Management Agency (FEMA) and on the Natural
Resources Conservation Service (NRCS) Watershed Plans and Floodplain
Management Studies.

NRCS policy on floodplains is found in the General Manual (GM 190 Part
410.25) and reflects Executive Order 11988, which was signed by
President Jimmy Carter on May 24, 1977. The E.O. requires that decisions
by Federal agencies must recognize that floodplains have unique and
significant public values. Federal agencies are instructed to consider
the natural and beneficial values of floodplains and the public benefits
to be derived from floodplain restoration or preservation.

The objectives of E.O. 11988 are to avoid, to the extent possible, the
long and short-term adverse impacts associated with occupancy and
modification of floodplains and to avoid direct and indirect support of
floodplain development where there is a practical alternative.

Through proper planning, floodplains can be managed to reduce the threat
to human life, health and property in ways that are environmentally
sensitive. Most floodplains contain areas with valuable assets that
sustain and enhance human existence. Some of these assets are
agricultural and forest food and fiber, fish and wildlife, temporary
floodwater storage, parks and recreation, and environmental values.

The Natural Resources Conservation Service provides leadership, and
takes actions, where practicable, to conserve, preserve and restore
existing natural and beneficial functions and values in base (100 year)
floodplains as part of the technical and financial assistance program
that it administers.

**Invasive Species:** Executive Order 13112, 1999

An invasive species is an alien species whose presence does or is likely
to cause economic or environmental harm or harm to human health. Alien
species means species not native to a particular ecosystem. Invasive
species may include all terrestrial and aquatic life forms including
plants, animals, and fungi.

Executive order 13112, 1999- Invasive Species- directs Federal agencies
to prevent the introduction of invasive species and provide for their
control and to minimize the economic, ecological, and human health
impacts that invasive species cause.

NRCS shall not authorize, fund, or carry out actions that it believes
are likely to cause or promote the introduction or spread of invasive
species in the United States or elsewhere.

All NRCS actions and activities shall be planned and implemented with
the cooperation of stakeholders. Stakeholders include, but are not
limited to, State, tribal, and local government agencies, academic
institutions, the scientific community, nongovernmental entities
including environmental, agricultural, and conservation organizations,
trade groups, commercial interests, and private landowners.

**Migratory Birds:** Migratory Bird Treaty Act, 1918 as amended and
Executive Order 13186

Migratory birds included are all native wild birds found in the United
States except the house sparrow, starling, feral pigeon, and resident
game birds such as pheasant, grouse, quail, and wild turkeys. Resident
game birds are managed separately by each State. A reference list of
migratory game birds is found in Title 50, Code of Federal Regulations,
Part 10. The Bald Eagle Protection Act provides further protection to
all Bald and Golden eagles. The Endangered Species Act further protects
endangered species like the Peregrine falcon, the Northern spotted owl,
and the Bald Eagle.

The Migratory Bird Treaty Act makes it unlawful for anyone to kill,
capture, collect, possess, buy, sell, trade, ship, import, or export any
migratory bird, including feathers, parts, nests, or eggs.

The Bald Eagle Protection Act prohibits all commercial activities and
some non-commercial activities involving Bald or Golden eagles,
including their feathers or parts.

The Endangered Species Act makes it illegal to sell, harm, harass,
possess or remove protected animals from the wild.

Executive Order 13186 "Responsibilities of Federal Agencies to Protect
Migratory Birds" requires NRCS to consider the impacts of planned
actions on migratory bird populations and habitats for all planning
activities. Reasonable measures may be designed to avoid impacts, or
where avoidance is not practicable, minimize impact, rectify the impact,
reduce or eliminate the impact over time, or compensate for impacts.

Alternatives should be designed and implemented in a manor that avoids
or minimizes, to the extent practicable, adverse impacts on migratory
bird resources.

**Natural Areas:** Natural areas are defined as land and water units
where natural conditions are maintained. Natural conditions result when
ordinary physical and biological processes operate with a minimum of
human intervention. Manipulations of natural areas may be needed to
maintain or restore features where degradation or change of those
natural features has occurred (GM 190 Part 410.23).

Natural areas may be designated areas of the Federal Government,
Nonfederal government, or privately controlled land. Designation may be
formal, as provided under Federal regulations, or by foundations or
conservation organizations specifically created to acquire and maintain
natural areas. Designation may be informal in the case of private
landowners that specify an area as a natural area and manage it
accordingly.

It is the policy of the NRCS to support the designation of appropriate
natural areas and to recognize dedicated natural areas as a land use.

Natural Resources Conservation Service (NRCS) employees who provide
technical assistance to land users must inform them about the impact
their decisions may have on adjacent or nearby natural areas. Land users
will be encouraged to consult with concerned agencies, societies, and
individuals to arrive at mutually satisfactory land use and treatment.

**Prime and Unique Farmlands:** 7 CFR 658.5

Prime farmland is land that has the best combination of physical and
chemical characteristics for producing food, feed, fiber, forage,
oilseed, and other agricultural crops with minimum inputs of fuel,
fertilizer, pesticides, and labor, and without intolerable soil erosion,
as determined by the Secretary of Agriculture. Prime farmland includes
land that possesses the above characteristics but is being used
currently to produce live stock and timber. It does not include land
already in or committed to urban development or water storage.

Unique farmland is land other than prime farmland that is used for
production of specific high-value food and fiber crops, as determined by
the Secretary. It has the special combination of soil quality, location,
growing season, and moisture supply needed to economically produce
sustained high quality or high yields of specific crops when treated and
managed according to acceptable farming methods. Examples of such crops
include citrus, tree nuts, olives, cranberries, fruits, and vegetables.

Farmland, other than prime or unique farmland, that is of statewide or
local importance for the production of food feed, fiber, forage, or
oilseed crops, as determined by the appropriate State or unit of local
government agency or agencies, and that the Secretary of Agriculture
determines should be considered the same as prime or unique farmland for
the purposes of this evaluation.

The NRCS should take steps to assure that its actions do Not cause
United States farmland to be irreversibly converted to Nonagricultural
uses in cases in which other national interest do Not override the
importance of the protection of farmland Nor otherwise outweigh the
benefits of maintaining farmland resources.

The purpose of this regulation is to minimize the extent to which
Federal programs contribute to the unnecessary and irreversible
conversion of farmland to Nonagricultural uses and to assure that
Federal programs are administered in a manner that, to the extent
practicable, will be compatible with State, unit of local government,
and private programs and policies to protect farmland.

NRCS shall use the criteria provided in regulations found at 7 CFR 658.5
to identify and take into account the adverse effects of Federal
programs on the protection of farmland. NRCS is to consider alternative
actions, as appropriate, that could lessen such adverse effects, and
assure that such Federal programs, to the extent practicable, are
compatible with State, unit of local government and private programs and
policies to protect farmland.

**Riparian Area:** NRCS policy (190 GM, part 411.03(d)

Riparian areas are ecosystems that occur along watercourses or water
bodies. They are distinctively different from the surrounding lands
because of unique soil and vegetative characteristics that are strongly
influenced by free or unbound water in the soil. Riparian ecosystems
occupy the transitional area between the terrestrial and aquatic
ecosystems. Typical examples would include floodplains, streambanks, and
lakeshores. Riparian areas may exist within all landuses, such as
cropland, hayland, pastureland, rangeland, and forestland.

Although riparian areas constitute only a fraction of the total land
area, they are generally more productive in terms of plant and animal
species, diversity and biomass. Riparian areas are vital components of
the ecosystems in which they occur and are extremely important for flood
control and hydrologic function (water quantity, quality, and timing).
It is important to recognize that Not all riparian areas have the same
potential or react to management in the same way, therefore, they should
be managed according to their unique characteristics.

An understanding of watershed scale processes is necessary to fully
understand how riparian areas function. The attributes of a watershed
system such as soils, geology, landuse, and topography directly
influence riparian area structure, function, and values.

Conservation planning in riparian areas requires special considerations.
A resource problem within the riparian zone may be the manifestation of
upland management decisions. Planners working with riparian areas should
consider soils, the present plant community, the site potential,
geomorphology of both the stream and the watershed, the stage of stream
evolution, fish and wildlife needs, the management of the upland areas
of the watershed and the producer's objectives.

Federal law does not specifically regulate riparian areas. However,
portions of riparian areas, such as wetlands and other waters of the
U.S., may be subject to federal regulation under provisions of The Food
Security Act, The Clean Water Act, The National Environmental Policy Act
and state and local legislation.

NRCS policy (190 GM, part 411.03(d)) for riparian areas requires:

-riparian area management to be integrated into plans and alternatives

-plans to maintain or improve water quality and quantity benefits

-development of alternatives when land user's objectives are in conflict
with conservation of the riparian area resources.

**Scenic Beauty:** Scenic beauty can be defined as the viewer\'s
positive perceived value of the special, unique and memorable physical
elements of a landscape. A beautiful landscape scene has definable
visual elements that combine to provide a high-quality visual resource.
A landscape with a high visual quality generates emotional impacts
within the viewer\'s mind and links to sense of place and quality of
life. Retaining people\'s connection to a beautiful natural environment
affects their well-being. Through proper planning, the visual
characteristics of a scenic landscape can be protected, maintained and
improved.

Management of the visual landscape is the process of manipulating the
physical elements and functions of the landscape to achieve specific
resource objectives. The landscape has a consistently definable
appearance that can be described by the measurable visual elements of
landform, water, vegetation, structures and sky. Four of the visual
elements (landform, water, vegetation, and structures) provide a ready
basis for describing the changing countryside landscape as altered by
human decisions.

[Landform]{.underline} - The shape of the land (topography, slope, and
aspect) seems to be the most noticeable element, particularly as it
relates to the horizon. For example, the horizontal nature of crop
landscapes makes them especially sensitive to the presence of vertical
elements, such as streamside vegetation, shelterbelt trees, farmstead
structures and utility poles. When agricultural activities, such as tree
rows and fences are aligned with the topography, they tend to emphasize
and enhance the landform. In flat or rolling areas the horizontal line
is the most conspicuous landscape element because it is so uniformly
horizontal.

[Water]{.underline} -- Water can add to aesthetic quality, modify
temperatures, serve as a buffer between use areas, and direct attention
from undesirable views. Its characteristics are gurgling, rushing,
spurting, falling, calm or placid, It's shape, whether water course or
waterbody, also adds value to the landscape.

[Vegetation]{.underline} - Vegetation within the landscape includes
agricultural crops, which can vary widely in size, form, color, texture,
and planting pattern. Shelterbelt and drainage way trees are visually
significant in landscapes where low crops or pastures are present. When
that pattern is repeated year after year, often the trees provide the
only spatial differentiation in an otherwise horizontal landscape. Row
crops create visually strong lines to the viewer on the ground or from
the air, so any curved (nonlinear) pattern that is located among the
straight lines will be prominent.

[Structures]{.underline} - From a human emotional standpoint, structures
evoke the most obvious and describable of our mental images of
\"countryside.\" Farmhouses, barns, silos, wooden fences, stone walls,
windmills and two-lane roads are some of the agriculturally related
structures that fulfill our romantic notion of countryside. Today\'s
countryside is more likely to be populated with highways, transmission
lines, steel and. concrete bridges, warehouses, subdivisions, theme
parks, and airports, few of which evoke any images directly related to
agriculture. New technologies, such as metal farm buildings and silos
and prefabricated houses, are part of today\'s countryside landscape.
When all of the above elements are combined, they form patterns or
images that collectively we label as the \"landscape.\" While the
identified \"landscape\" will vary from region to region, the
recognition that a particular landscape pattern is characteristic of a
certain part of the country is obvious to everyone who lives there or
who passes through the region.

Contributions to the scenic beauty of the landscape are part of
providing planning assistance to landowners and land users. Emphasis
should be given to natural resource conservation practices that
contribute to the attractiveness of the landscape while increasing
agricultural efficiency and productivity.

**Wetlands -- NRCS:** Food Security Act of 1985, GM 190 Part 410.26,
Executive Order 11990, "Protection of Wetlands", and with Revised NRCS
Wetland Technical Assistance Policy at 7 CFR Part 650, dated November
17, 1997.

It is the policy of the NRCS to protect and promote wetland functions
and values in all NRCS planning and application assistance. NRCS
recognizes the beneficial and varied functional attributes of the
different wetland types, and as such, strives to reconcile the need for
wetland protection with that of promoting viable agricultural
enterprises. NRCS supports the restoration, enhancement, creation, and
preservation of wetlands as important and realistic components of
comprehensive conservation plans, not only on a farm-by-farm basis, but
also on a watershed or landscape basis. When providing technical
assistance, NRCS will conduct an environmental evaluation, considering
the objectives of the client in the context of environmental, economic,
and other pertinent factors. NRCS activities must comply with Executive
Order 11990, "Protection of Wetlands", and with Revised NRCS Wetland
Technical Assistance Policy at 7 CFR Part 650, dated November 17, 1997.

If wetlands will be impacted by a proposed activity, the NRCS will
identify whether practicable alternatives exist that either enhance
wetland functions and values, or avoid or minimize harm to wetlands. If
such alternatives exist, the client will be given the opportunity to
select one of those alternatives. If the client selects the practicable
alternative, the NRCS may continue technical assistance for the
conversion activity as well as the development of the mitigation plan.
However, if the practicable alternative is not selected, the NRCS may
assist with the development of an acceptable mitigation plan, but no
further financial or technical assistance for the wetland conversion
activity may be provided.

In addition to NRCS requirements, activities that impact wetlands and
"other waters of the U.S." often require a Section 404 permit from the
Corps of Engineers prior to beginning work. Early coordination with the
appropriate Corps Regulatory Office to determine possible permit
requirements is highly recommended for the client. (Refer to the
Wetlands - Other Guide Sheet). Many states also have laws restricting
activities in wetlands. Prior to or concurrent with NRCS assistance, the
client should obtain all necessary permits or approvals related to work
in wetlands.

**Wetlands -- Other:** [Clean Water Act, GM 190 Part 410.27 &
28]{.underline}

The client is responsible for obtaining permits and complying with the
CWA. Early coordination with the Corps and state regulatory personnel is
encouraged, and in many cases documentation of authorization from the
Corps, state, or tribe is required before beginning work on a project.
Refer to the Evaluation Procedure Guide Sheet for a link to more
detailed information describing \"Waters of the U.S. and Clean Water
Act\".

[Title 117 Nebraska\'s Surface Water Quality Standards]{.underline}

Although a Department of the Army permit pursuant to Section 404 of the
Clean

Water Act and/or Section 10 of the River and Harbor Act is not required
for

this project, this does not eliminate the requirement that you obtain
other

applicable Federal, State, Tribal and/or Local permits as required. One
such

requirement is complying with Title 117 of Nebraska\'s Surface Water
Quality

Standards. The Nebraska Department of Environmental Quality (NDEQ)

administers this regulation. These standards apply to all \"Waters of
the

State\", including isolated and adjacent wetlands, creeks, lakes,
rivers, etc.

**Wild and Scenic Rivers:** Public Law 90-542

A Wild and Scenic River is a free-flowing river or river-segment that
has outstanding scenic, recreational, geologic, fish-and-wildlife,
historic, cultural, or other similar values. National wild and scenic
rivers are designated by act of Congress (PL 90-542) or by the Secretary
of the Interior at the request of a governor as part of the National
Wild and Scenic Rivers System.

The designation of a river under the Wild and Scenic Rivers Act provides
legal protections from adverse development and provides a mechanism for
management of the river\'s resources. The principal effect of the Act is
to preclude or to severely limit the construction of dams and other
water resources projects that might affect the free-flowing character of
the river or adversely affect the values for which a river was
designated.

The designation affects the management of federal lands in the river\'s
corridor. Rights to future development of private lands can be purchased
under land acquisition authorities. Boundaries of Wild and Scenic Rivers
are limited to no more than 320 acres per river mile and purchase of fee
title within this boundary is limited to no more than 100 acres per
mile.

Management standards or requirements have been developed for three
classes of rivers: (1) Wild , (2) Scenic , and (3) Recreational . These
labels refer to the degree of development along a river not necessarily
to the type of river or how scenic or heavily used it is. The
definitions of wild, scenic and recreational from the law are:

 \"Wild\" River area: Those rivers or sections of rivers that are free
of impoundment's and generally inaccessible except by trail, with
watersheds or shorelines essentially primitive and waters unpolluted.
These represent vestiges of primitive America.

 \"Scenic\" River areas: Those rivers or sections of rivers that are
free of impoundment's, with shorelines or watersheds still largely
primitive and shorelines largely undeveloped, but accessible in places
by roads.

 \"Recreational\" River areas: Those rivers or sections of rivers that
are readily accessible by road or railroad, that may have some
development along their shorelines, and that may have undergone some
impoundment or diversion in the past.

Ongoing regular uses of private lands, particularly those existing at
the time of the river\'s designation, are not directly affected. Most
private land uses, such as homes and farms are compatible with Wild,
Scenic and Recreational River management. The river\'s management plan
identifies the types of land uses and developments that are considered
compatible or incompatible with the river\'s wild and scenic values.

Designation has no effect on existing water rights or irrigation systems
or other existing developed facilities. New projects and alterations to
existing systems, which require Federal permits, may be allowed when
they will not have an adverse effect on the values for which the river
was designated.

Generally, timber harvests and agricultural operations on privately
owned lands are unaffected in Wild, Scenic and Recreational River
designations. However, some activities may require permits or may be
covered under special provisions of the management plan.

Every river in the National System is required to have a manager
responsible for assuring protection. The federal river manager can
assist and cooperate with states or other local organizations,
landowners, and individuals to plan, protect, and manage river
resources. The assistance can include limited financial assistance.
Management of natural and cultural values is emphasized rather than
public purchasing and owning of land. A great deal of cooperation may be
required as management may include local zoning, restrictions on land
use, donations of development rights to land trusts, and other methods.

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# Environmental Evaluation

## **NE-CPA-52**

# Economic & Social Considerations

NRCS policy states that economics is an essential consideration in all
agency decision making. Economic principles must be applied in the
planning, implementation, and evaluation of agency policies and program
activities to provide the most cost-effective assistance to customers,
cooperators, and partners for the sustained use of natural resources.

Economic principles and techniques, including cost effectiveness,
economic feasibility, and benefit-cost analysis will be applied to all
program formulation, management, and evaluation activities of the
agency.

Economic effects of alternative actions should be provided to NRCS
customers in order for them to make informed resource conservation
decisions. NRCS policy permits cost effectiveness analysis, partial
budgeting, profitability analysis, and other appropriate analyses when
requested by the client. NRCS policy prohibits field offices from
obtaining financial information beyond that volunteered by the client.

For nationwide consistency in the application of economics in all NRCS
activities, the National Resource Economics Handbooks, Part 610
Conservation Planning and other directives will be used as guidance.

Economic principles and techniques shall be used at all levels of the
agency in order to satisfy the goal of maximizing benefits per dollar
expended as legislated for selected U.S. Department of Agriculture
conservation programs. Contact the State Office Economist for additional
information or assistance.

When reviewing the economic impacts of a conservation practice there are
seven major areas to consider; land use, capital, labor, management
level, profitability, risk, and social issues.

**Land use**, consider the following:

-   Is the present land use suitable for the proposed practice?

-   Will land use change after practice installation?

-   How will a change effect the operation? (Ex. Feed and Forage Balance
    Sheet)

-   Does client understand the inputs needed to implement the practice
    and the client\'s responsibility in obtaining these inputs?

-   Will the action affect community institutions, traditions or values,
    or the way of life for individuals in the community?

-   Will the action affect resources on which people depend for
    subsistence, employment or recreation?

**Capital**, consider the following:

-   What are the impacts of the cost of the initial investment for this
    conservation practice?

-   What are the impacts of any additional annual costs for Operation
    and Maintenance on this conservation practice?

-   What possible impact does implementing this conservation practice
    have on the client's future eligibility for farm programs?

-   Does the producer have the funds or ability to obtain the funds
    needed to implement the proposed conservation practice?

**Labor**, consider the following:

-   Does the client understand the amount and kind of labor needed to
    implement, operate and maintain the proposed practice?

-   Does the client have the skills and time to carry out the
    conservation practice as it is planned or will they have to hire
    someone?

**Management level**, consider the following:

-   Does the client understand the inputs needed to manage the practice
    and the client\'s responsibility in obtaining these inputs?

-   Does the client understand their responsibility to maintain the
    practice as planned and implemented?

**Profitability** of a conservation practice, consider the following:

-   Profitability describes the relative benefits and costs of the farm
    or ranch operation, and is often measured in dollars. An activity is
    profitable if the benefits are greater than the costs.

-   Is the proposed practice needed and feasible?

-   Do the benefits of improving the current operation outweigh the
    installation and maintenance costs (positive benefit/cost ratio)?

-   Is there a reasonable expectation of long-term
    profitability/benefits for the operation if the practice is
    implemented?

**Risk**, consider the following:

-   Risk is the exposure to monetary loss, physical injury, or damage to
    resources or the environment.

-   Will the proposed practice aid/risk client participation in USDA
    programs?

-   What are the possible impacts due to a change in yield?

-   Is there flexibility in modifying the conservation plan at a future
    date?

-   What issues are involved with the timing of installation and
    maintenance?

-   What are the cash flow requirements of this conservation practice?

-   Will the implementation of the proposed practice have an adverse
    impact on the community at large (what are the off-site effects)?

-   What, if any, are the hazards involved?

**Social issues**, consider the following:

-   Social evaluation is a valuable planning tool because it identifies
    areas of potential conflict and options for decision making that
    might not otherwise be apparent.

-   What are the values of the client?

-   What is the social climate of the community in which you are
    working?

# Economic & Social Considerations Help Sheet

**To activate the table be sure to press "enter" after the practice has
been selected.**

Prescribed Grazing example

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