**TITLE 7\--Agriculture**

**Subtitle B\--REGULATIONS OF THE DEPARTMENT OF AGRICULTURE**

**CHAPTER VI\--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF
AGRICULTURE**

**SUBCHAPTER F---SUPPORT ACTIVITIES**

**[PART 650---COMPLIANCE WITH NEPA]{.underline}**

Section Contents

[**Subpart A---Procedures for NRCS-Assisted Programs**](#a6.1.3.6.20.1)

[§ 650.1   Purpose.](#7%3A6.1.3.6.20.1.1.1)\
[§ 650.2   Applicability.](#7%3A6.1.3.6.20.1.1.2)\
[§ 650.3   Policy.](#7%3A6.1.3.6.20.1.1.3)\
[§ 650.4   Definition of terms.](#7%3A6.1.3.6.20.1.1.4)\
[§ 650.5   Environmental evaluation in
planning.](#7%3A6.1.3.6.20.1.1.5)\
[§ 650.6   Categorical exclusions.](#7%3A6.1.3.6.20.1.1.6)\
[§ 650.7   When to prepare an EIS.](#7%3A6.1.3.6.20.1.1.7)\
[§ 650.8   When to prepare an environmental assessment
(EA).](#7%3A6.1.3.6.20.1.1.8)\
[§ 650.9   NEPA and interagency planning.](#7%3A6.1.3.6.20.1.1.9)\
[§ 650.10   Adoption of an EIS prepared by a cooperating
agency.](#7%3A6.1.3.6.20.1.1.10)\
[§ 650.11   Environmental documents.](#7%3A6.1.3.6.20.1.1.11)\
[§ 650.12   NRCS decisionmaking.](#7%3A6.1.3.6.20.1.1.12)\
[§ 650.13   Review and comment.](#7%3A6.1.3.6.20.1.1.13)

[**Subpart B---Related Environmental Concerns**](#7%3A6.1.3.6.20.2)

[\
](#7%3A6.1.3.6.20.2)[§ 650.20   Reviewing and commenting on EIS\'s
prepared by other agencies.](#7%3A6.1.3.6.20.2.1.1)\
[§ 650.21   Working relations with the U.S. Environmental Protection
Agency (EPA) and related State environmental agencies.\
](#7%3A6.1.3.6.20.2.1.2)[§ 650.22   Rare, threatened, and endangered
species of plants and animals.](#7%3A6.1.3.6.20.2.1.3)\
[§ 650.23   Natural areas.](#7%3A6.1.3.6.20.2.1.4)\
[§ 650.24   Scenic beauty (visual resource).](#7%3A6.1.3.6.20.2.1.5)\
[§ 650.25   Flood-plain management.](#7%3A6.1.3.6.20.2.1.6)

**Subpart A---Procedures for NRCS-Assisted Programs**

[]{#a6.1.3.6.20.1 .anchor}**Authority**:   42 U.S.C. 4321 et seq.;
Executive Order 11514 (Rev.); 16 U.S.C. 1001--1008; 7 U.S.C. 1010--1011;
16 U.S.C. 590 a-f, q.; 7 CFR 2.62, unless otherwise noted.

**Source:**   44 FR 50579, Aug. 29, 1979, unless otherwise
noted.[]{#7%3A6.1.3.6.20.1.1.1 .anchor}

**[§ 650.1   Purpose.]{.underline}**

a)  This rule prescribes procedures by which NRCS is to implement the
    provisions of NEPA. The Natural Resources Conservation Service
    recognizes NEPA as the national charter for protection, restoration,
    and enhancement of the human environment. NEPA establishes policy,
    sets goals (Section 101), and provides means (Section 102) for
    carrying out this policy.

b)  The procedures included in this rule supplement CEQ\'s NEPA
    regulations, 40 CFR parts 1500--1508. CEQ regulations that need no
    additional elaboration to address NRCS-assisted actions are not
    repeated in this rule, although the regulations are cited as
    references. The procedures include some overlap with CEQ
    regulations. This is done to highlight items of importance for NRCS.
    This does not supersede the existing body of NEPA regulations.

c)  These procedures provide that---

    1.  Environmental information is to be available to citizens before
        decisions are made about actions that significantly affect the
        human environment;

    2.  NRCS-assisted actions are to be supported to the extent possible
        by accurate scientific analyses that are technically acceptable
        to NRCS;

    3.  NRCS-prepared NEPA documents are to be available for public
        scrutiny; and

    4.  Documents are to concentrate on the issues that are timely and
        significant to the action in question rather than amassing
        needless detail.

d)  Procedures for implementing NEPA are designed to ensure that
    environmental consequences are considered in decisionmaking. They
    allow NRCS to assist individuals and nonfederal public entities to
    take actions that protect, enhance, and restore environmental
    quality.

e)  These procedures make possible the early identification of actions
    that have significant effects on the human environment to avoid
    delays in decisionmaking.

[]{#7%3A6.1.3.6.20.1.1.2 .anchor}

**[§ 650.2   Applicability.]{.underline}**

This rule applies to all NRCS-assisted programs including the
uninstalled parts of approved projects that are not covered by
environmental documents prepared under previous rules for compliance
with NEPA. It is effective on the date of publication of the final rule.
NRCS is to consult with CEQ in the manner prescribed by 40 CFR 1506.11
if it is necessary to take emergency actions.

[]{#7%3A6.1.3.6.20.1.1.3 .anchor}

**[§ 650.3   Policy.]{.underline}**

a)  NRCS mission. The NRCS mission is to provide assistance that will
    allow use and management of ecological, cultural, natural, physical,
    social, and economic resources by striving for a balance between
    use, management, conservation, and preservation of the Nation\'s
    natural resource base. The NRCS mission is reemphasized and expanded
    to carry out the mandate of section 101(b) of NEPA, within other
    legislative constraints, in all its programs of Federal assistance.
    NRCS will continue to improve and coordinate its plans, functions,
    programs, and recommendations on resource use so that Americans, as
    stewards of the environment for succeeding generations---

    1.  Can maintain safe, healthful, productive, and esthetically and
        culturally pleasing surroundings that support diversity of
        individual choices; and

    2.  Are encouraged to attain the widest range of beneficial uses of
        soil, water, and related resources without degradation to the
        environment, risk to health or safety, or other undesirable and
        unintended consequences.

b)  NRCS environmental policy. NRCS is to administer Federal assistance
    within the following overall environmental policies:

    1.  Provide assistance to Americans that will motivate them to
        maintain equilibrium among their ecological, cultural, natural,
        physical, social, and economic resources by striving for a
        balance between conserving and preserving the Nation\'s natural
        resource base.

    2.  Provide technical and financial assistance through a systematic
        interdisciplinary approach to planning and decisionmaking to
        insure a balance between the natural, physical, and social
        sciences.

    3.  Consider environmental quality equal to economic, social, and
        other factors in decisionmaking.

    4.  Insure that plans satisfy identified needs and at the same time
        minimize adverse effects of planned actions on the human
        environment through interdisciplinary planning before providing
        technical and financial assistance.

    5.  Counsel with highly qualified and experienced specialists from
        within and outside NRCS in many technical fields as needed.

    6.  Encourage broad public participation in defining environmental
        quality objectives and needs.

    7.  Identify and make provisions for detailed survey, recovery,
        protection, or preservation of unique cultural resources that
        otherwise may be irrevocably lost or destroyed by NRCS-assisted
        project actions, as required by Historic Preservation
        legislation and/or Executive Order.

    8.  Encourage local sponsors to review with interested publics the
        operation and maintenance programs of completed projects to
        insure that environmental quality is not degraded.

    9.  Advocate the retention of important farmlands and forestlands,
        prime rangeland, wetlands, or other lands designated by State or
        local governments. Whenever proposed conversions are caused or
        encouraged by actions or programs of a Federal agency, licensed
        by or require approval by a Federal agency, or are inconsistent
        with local or State government plans, provisions are to be
        sought to insure that such lands are not irreversibly converted
        to other uses unless other national interests override the
        importance of preservation or otherwise outweigh the
        environmental benefits derived from their protection. In
        addition, the preservation of farmland in general provides the
        benefits of open space, protection of scenery, wildlife habitat,
        and in some cases, recreation opportunities and controls on
        urban sprawl.

    10. Advocate actions that reduce the risk of flood loss; minimize
        effects of floods on human safety, health, and welfare; and
        restore and preserve the natural and beneficial functions and
        values of flood plains.

    11. Advocate and assist in the reclamation of abandoned
        surface-mined lands and in planning for the extraction of coal
        and other nonrenewable resources to facilitate restoration of
        the land to its prior productivity as mining is completed.

    12. Advocate the protection of valuable wetlands, threatened and
        endangered animal and plant species and their habitats, and
        designated ecosystems.

    13. Advocate the conservation of natural and manmade scenic
        resources to insure that NRCS-assisted programs or activities
        protect and enhance the visual quality of the landscape.

    14. Advocate and assist in actions to preserve and enhance the
        quality of the Nation\'s waters.

*\[44 FR 50579, Aug. 20, 1979; 44 FR 54981, Sept. 24, 1979\]*

[]{#7%3A6.1.3.6.20.1.1.4 .anchor}**[§ 650.4   Definition of
terms.]{.underline}**

Definitions of the following terms or phrases appear in 40 CFR part
1508, CEQ regulations. These terms are important in the understanding
and implementation of this rule. These definitions are not repeated in
the interest of reducing duplication:

*Categorical exclusion*. (40 CFR 1508.4)

*Cooperating agency.* (40 CFR 1508.5)

*Cumulative impact.* (40 CFR 1508.7)

*Environmental impact statement (EIS).* (40 CFR 1508.11)

*Human environment.* (40 CFR 1508.14)

*Lead agency.* (40 CFR 1508.16)

*Major Federal action.* (40 CFR 1508.18)

*Mitigation.* (40 CFR 1508.20)

*NEPA process.* (40 CFR 1508.21)

*Scope.* (40 CFR 1508.25)

*Scoping.* (40 CFR 1501.7)

*Tiering.* (40 CFR 1508.28)

a)  *Channel realignment.* Channel realignment includes the construction
    of a new channel or a new alignment and may include the clearing,
    snagging, widening, and/or deepening of the existing channel.
    (Channel Modification Guidelines, 43 FR 8276).

b)  *Environmental assessment ( EA ).* (40 CFR 1508.9)

    1.  An environmental assessment is a concise public document for
        which a Federal agency is responsible that---

        i.  Briefly provides sufficient evidence and analysis for
            determining whether to prepare an environmental impact
            statement or a finding of no significant impact.

        ii. Aids an agency\'s compliance with the Act when no
            environmental impact statement is necessary.

        iii. Facilitates preparation of an environmental impact
             statement when one is necessary.

    2.  An environmental assessment includes brief discussions of the
        need for the proposal, alternatives as required by section of
        the environmental impacts of the proposed action and
        alternatives, and a list of agencies and persons consulted.

c)  *Environmental evaluation*. The environmental evaluation (EE)
    (formerly referred to by NRCS as an environmental assessment) is 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 whether
    a proposed action is a major Federal action significantly affecting
    the human environment. The environmental evaluation for a program,
    regulation, or individual action is used to determine the need for
    an environmental assessment or an environmental impact statement. It
    also aids in the consideration of alternatives and in the
    identification of available resources.

d)  *Federally-assisted actions*. These actions are planned and carried
    out by individuals, groups, or local units of government largely on
    nonfederal land with technical and/or financial assistance provided
    by NRCS.

e)  *Interdisciplinary planning.* NRCS uses an interdisciplinary
    environmental evaluation and planning approach in which specialists
    and groups having different technical expertise act as a team to
    jointly evaluate existing and future environmental quality. The
    interdisciplinary group considers structure and function of natural
    resource systems, complexity of problems, and the economic, social,
    and environmental effects of alternative actions. Public
    participation is an essential part of effective interdisciplinary
    planning. Even if an NRCS employee provides direct assistance to an
    individual land user, the basic data used is a result of
    interdisciplinary development of guide and planning criteria.

f)  *Nonproject actions.* Nonproject actions consist of technical and/or
    financial assistance provided to an individual, group, or local unit
    of government by NRCS primarily through a cooperative agreement with
    a local conservation district, such as land treatment recommended in
    the Conservation Operations, Great Plains Conservation, Rural
    Abandoned Mine, and Rural Clean Water Programs. These actions may
    include consultations, advice, engineering, and other technical
    assistance that land users usually cannot accomplish by themselves.
    Nonproject technical and/or financial assistance may result in the
    land user installing field terraces, waterways, field leveling,
    onfarm drainage systems, farm ponds, pasture management,
    conservation tillage, critical area stablization and other
    conservation practices.

g)  *Notice of intent ( NOI )* ( 40 CFR 1508.22 ). A notice of intent is
    a brief statement inviting public reaction to the decision by the
    responsible Federal official to prepare an EIS for a major Federal
    action. The notice of intent is to be published in theFederal
    Register,circulated to interested agencies, groups, individuals, and
    published in one or more newspapers serving the area of the proposed
    action.

h)  *Project actions.* A project action is a formally planned
    undertaking that is carried out within a specified area by sponsors
    for the benefit of the general public. Project sponsors are units of
    government having the legal authority and resources to install,
    operate, and/or maintain works of improvement.

i)  *Record of Decision. (ROD)* (40 CFR 1505.2). A record of decision is
    a concise written rationale by the RFO regarding implementation of a
    proposed action requiring an environmental impact statement. This
    was previously defined by NRCS as a Statement of Findings (SOF).

j)  *Responsible Federal official (RFO).* The NRCS Administrator is the
    responsible Federal official (RFO) for compliance with NEPA
    regarding proposed legislation, programs, legislative reports,
    regulations, and program EIS\'s. NRCS state conservationists
    (STC\'s) are the RFO\'s for compliance with the provisions of NEPA
    in other NRCS-assisted actions.

k)  *Significantly.* (40 CFR 1508.27) "Significantly" as used in NEPA
    requires considerations of both context and intensity:

    1.  *Context.* This means that the significance of an action must be
        analyzed in several contexts such as society as a whole (human,
        national), the affected region, the affected interests, and the
        locality. Significance varies with the setting of the proposed
        action. For instance, for a site-specific action, significance
        usually depends on the effects in the locale rather than in the
        world as a whole. Both short- and long-term effects are
        relevant.

    2.  *Intensity.* This refers to the severity of impact. Responsible
        officials must bear in mind that more than one agency may make
        decisions about partial aspects of a major action.

The following should be considered in evaluating intensity:

i.  Impacts that may be both beneficial and adverse. A significant
    effect may exist even if the Federal agency believes that on balance
    the effect will be beneficial.

ii. The degree to which the proposed action affects public health or
    safety.

iii. Unique characteristics of the geographic area such as proximity to
     historic or cultural resources, park lands, prime farmlands,
     wetlands, wild and scenic rivers, or ecologically critical areas.

iv. The degree to which the effects on the quality of the human
    environment are likely to be highly controversial.

v.  The degree to which the possible effects on the human environment
    are highly uncertain or involve unique or unknown risks.

vi. The degree to which the action may establish a precedent for future
    actions with significant effects or represents a decision in
    principle about a future consideration.

vii. Whether the action is related to other actions with individually
     insignificant but cumulatively significant impacts. Significance
     exists if it is reasonable to anticipate a cumulatively significant
     impact on the environment. Significance cannot be avoided by
     terming an action temporary or by breaking it down into small
     component parts.

viii. The degree to which the action may adversely affect districts,
      sites, highways, structures, or objects listed in or eligible for
      listing in the National Register of Historic Places or may cause
      loss or destruction of significant scientific, cultural, or
      historical resources.

ix. The degree to which the action may adversely affect an endangered or
    threatened species or its habitat that has been determined to be
    critical under the Endangered Species Act of 1973 as amended.

x.  Whether the action threatens a violation of Federal, State, or local
    law or requirements imposed for the protection of the environment.

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l)  *Finding of no significant impact (FNSI)*. (40 CFR 1508.13) "Finding
    of No Significant Impact" means a document by a Federal agency
    briefly presenting the reasons why an action not otherwise excluded
    (§1508.4) will not have a significant effect on the human
    environment, and an environmental impact statement therefore will
    not be prepared. It shall include the environmental assessment or a
    summary of it and shall note any other environmental documents
    related to it (§1501.7(a)(5)). If the assessment is included, the
    finding need not repeat any of the discussion in the assessment but
    may incorporate it by reference.

*\[44 FR 50579, Aug. 29, 1979; 44 FR 54981, Sept. 24, 1979\]*

[]{#7%3A6.1.3.6.20.1.1.5 .anchor}**[§ 650.5   Environmental evaluation
in planning.]{.underline}**

a)  *General.* Environmental evaluation (EE) integrates environmental
    concerns throughout the planning, installation, and operation of
    NRCS-assisted projects. The EE applies to all assistance provided by
    NRCS, but planning intensity, public involvement, and documentation
    of actions vary according to the scope of the action. NRCS begins
    consideration of environmental concerns when information gathered
    during the environmental evaluation is used:

    1.  To identify environmental concerns that may be affected, gather
        baseline data, and predict effects of alternative courses of
        actions;

    2.  To provide data to applicants for use in establishing objectives
        commensurate with the scope and complexity of the proposed
        action;

    3.  To assist in the development of alternative courses of action;
        (40 CFR 1502.14). In NRCS-assisted project actions,
        nonstructural, water conservation, and other alternatives that
        are in keeping with the Water Resources Council\'s Principles
        and Standards are considered, if appropriate.

    4.  To perform other related investigations and analyses as needed,
        including economic evaluation, engineering investigations, etc.

    5.  To assist in the development of detailed plans for
        implementation and operation and maintenance.

b)  *Procedures.* NRCS\'s Guide for Environmental Assessment issued in
    March 1977 and published in theFederal Registeron August 8, 1977,
    provides guidance for conducting an environmental evaluation. (42 FR
    40123--40167).

c)  *Decision points.* Figure 1 illustrates the decision points for
    compliance with NEPA in NRCS

d)  decisionmaking.

[]{#7%3A6.1.3.6.20.1.1.6 .anchor}

![](media/image1.wmf)

**[§ 650.6   Categorical exclusions.]{.underline}**

a)  Some NRCS programs or parts of programs do not normally create
    significant individual or cumulative impacts on the human
    environment. Therefore, an EA or EIS is not needed. These are data
    gathering and interpretation programs and include:

    1.  Soil Survey---7 CFR part 611;

    2.  Snow Survey and Water Supply Forecasts---7 CFR part 612;

    3.  Plant Materials for Conservation---7 CFR part 613;

    4.  Inventory and Monitoring---Catalog of Federal Domestic
        Assistance---10.908; and

    5.  River Basin Studies under section 6 of Pub. L. 83--566 as
        amended---7 CFR part 621.

b)  The environmental evaluation performed by the RFO when any new
    action under these programs is planned is to identify extraordinary
    circumstances that might lead to significant individual or
    cumulative impacts. Actions that have potential for significant
    impacts on the human environment are not categorically excluded.

[]{#7%3A6.1.3.6.20.1.1.7 .anchor}

**[§ 650.7   When to prepare an EIS.]{.underline}**

The following are categories of NRCS action used to determine whether or
not an EIS is to be prepared.

a)  *An EIS* is required for:

    1.  Projects that include stream channel realignment or work to
        modify channel capacity by deepening or widening where
        significant aquatic or wildlife habitat exists. The EE will
        determine if the channel supports significant aquatic or
        wildlife habitat;

    2.  Projects requiring Congressional action;

    3.  Broad Federal assistance programs administered by NRCS when the
        environmental evaluation indicates there may be significant
        cumulative impacts on the human environment (§650.7(e)); and

    4.  Other major Federal actions that are determined after
        environmental evaluation to affect significantly the quality of
        the human environment (§650.7(b)). If it is difficult to
        determine whether there is a significant impact on the human
        environment, it may be necessary to complete the EE and prepare
        an EA in order to decide if an EIS is required.

b)  The RFO is to determine the need for an EIS for each action,
    program, or regulation. An environmental evaluation, using a
    systematic interdisciplinary analysis and evaluation of data and
    information responding to the five provisions of Section 102(2)(C)
    of NEPA, will assist the RFO in deciding if the action requires the
    preparation of an EIS. In analyzing and evaluating environmental
    concerns, the RFO will answer the following questions:

    1.  *Environmental impact.* Will the proposed action significantly
        affect the quality of the human environment (40 CFR 1508.14)?
        For example, will it significantly alter or destroy valuable
        wetlands, important farmlands, cultural resources, or threatened
        and endangered species? Will it affect social values, water
        quality, fish and wildlife habitats, or wilderness and scenic
        areas?

    2.  *Adverse environmental effects that cannot be avoided*. What are
        the important environmental amenities that would be lost if the
        proposed action were implemented?

    3.  *Alternatives.* Are there alternatives that would achieve the
        planning objectives but avoid adverse environmental effects?

    4.  *Short-term uses versus long-term productivity.* Will the
        proposed actions, in combination with other actions, sacrifice
        the enhancement of significant long-term productivity as a
        tradeoff for short-term uses?

    5.  *Commitment of resources.* Will the proposed action irreversibly
        and irretrievably commit the use of resources such as important
        farmlands, wetlands, and fish and wildlife habitat?

c)  Criteria for determining the need for a program EIS:

    1.  A program EIS is required if the environmental evaluation
        reveals that actions carried out under the program have
        individually insignificant but cumulatively significant
        environmental impacts.

    2.  A project EIS, in lieu of a program EIS, is required if the
        environmental evaluation reveals that actions carried out under
        the program will have both individually and cumulatively
        significant environmental impacts. (7 CFR Parts 620 through 623
        and 640 through 643).

d)  The RFO, through the process of tiering, is to determine if a
    site-specific EA or EIS is required for an individually significant
    action that is included in a program EIS.

**[§ 650.8   When to prepare an environmental assessment
(EA).]{.underline}**

[]{#7%3A6.1.3.6.20.1.1.8 .anchor}

An environmental assessment (EA) is to be prepared for:

a)  Land and water resource projects that are not included in
    §650.7(a) (1) through (4) for which State and local units of
    government receive Federal technical and financial assistance from
    NRCS (7 CFR parts 620 through 623; and 640 through 643); and

[]{#7%3A6.1.3.6.20.1.1.9 .anchor}(b) Other actions that the EE reveals
may be a major Federal action significantly affecting the

quality of the human environment.

\(c\) Criteria for determining the need for a program EA:

\(1\) A program EA is to be prepared when NRCS has determined, based on
the environmental evaluation, that a program EIS is not required and the
program and actions to implement the program are not categorically
excluded; and

\(2\) A program EA may also be prepared to aid in NRCS decision-making
and to aid in compliance with NEPA.

\(d\) The RFO, through the process of tiering, is to determine if a
site-specific EA or EIS is

required for an action that is included in a program EA or EIS.

**[§ 650.9   NEPA and interagency planning.]{.underline}**

a)  *Lead agency*.

    1.  NRCS is to be the lead agency for actions under programs it
        administers. If the actions affect more than one State, the NRCS
        Administrator is to designate one NRCS state conservationist as
        the RFO.

    2.  NRCS normally takes the role of lead agency in actions that
        share program responsibilities among USDA agencies if NRCS
        provides the majority of funds for the actions. If the lead
        agency role is in question, the role of NRCS and other USDA
        agencies is to be determined by the USDA Environmental
        Coordinator, Office of Environmental Quality Activities.

    3.  If NRCS and Federal agencies outside USDA cannot agree on which
        will be the lead agency and which will be the cooperating
        agencies, the procedures in 40 CFR 1501.5(e) are to be followed.

    4.  NRCS, as lead agency, is to coordinate the participation of all
        concerned agencies in developing the EIS according to the
        provisions of 40 CFR 1501.6(a).

b)  *Cooperating agencies*.

    1.  NRCS is to request, as appropriate, the assistance of
        cooperating agencies in preparing the environmental evaluation.
        This assistance will broaden the expertise in the planning and
        help to avoid future conflict. NRCS is to request assistance in
        determining the scope of issues to be addressed and identifying
        the significant issues related to a proposed action from Federal
        agencies that have jurisdiction by law or special expertise.

    2.  NRCS is to act as a cooperating agency if requested. NRCS may
        request to be designated as a cooperating agency if proposed
        actions may affect areas of NRCS expertise, such as prime
        farmlands, soils, erosion control, and agricultural sources of
        nonpoint pollution. NRCS, as a cooperating agency, is to comply
        with the requirements of 40 CFR 1501.6(b) to the extent possible
        depending on funds, personnel, and priority. If insufficient
        funds or other resources prevent NRCS from participating fully
        as a cooperating agency, NRCS is to request the lead agency to
        provide funds or other resources which will allow full
        participation.

c)  *Scoping.* See 40 CFR 1501.7 for a definition of scoping.

    1.  NRCS is to use scoping to identify and categorize significant
        environmental issues in its environmental evaluation. Formalized
        scoping is used to insure that an analytical EIS can be prepared
        that will reduce paperwork and avoid delay. Scoping allows NRCS
        to obtain the assistance and consultation of affected agencies
        that have special expertise or legal jurisdiction in the
        proposed action. If early environmental evaluation identifies a
        need for an EIS, NRCS is to publish a notice of intent (NOI) to
        prepare an EIS. The NOI is to request the assistance of all
        interested agencies, groups, and persons in determining the
        scope of the evaluation of the proposed action.

    2.  Normally a scoping meeting is held and Federal, State, or local
        agencies that have special expertise or legal jurisdiction in
        resource values that may be significantly affected are requested
        to participate. The scoping meeting will identify agencies that
        may become cooperating agencies.

    3.  In the scoping meeting, the range of actions, alternatives, and
        impacts to be evaluated and included in the EIS as defined in
        (40 CFR 1508.25) are to be determined. Tiering (40 CFR 1508.28)
        may be used to define the relation of the proposed statement to
        other statements.

    4.  Periodic meetings of the cooperating agencies are to be held at
        important decisionmaking points to provide timely interagency,
        interdisciplinary participation.

    5.  Scoping is to include the items listed in 40 CFR 1501.7(a) and
        may also include any of the activities in 40 CFR 1501.7(b).
        Appropriate, timely requests and notification are to be made to
        promote public participation in scoping in accordance with
        paragraph (d) of this section.

    6.  The RFO through the scoping process will set time and page
        limits as prescribed in 40 CFR 1501.8. Time and page limits are
        established by NRCS in consultation with sponsors and others
        according to the projected availability of resources. The RFO is
        to make the applicant aware of the possible need for revising
        time and page limits because of changes in resources.

d)  *Public participation* ---

    1.  *General.* Public participation activities begin early in the EE
        and are to be appropriate to the proposed action. For example,
        extensive public participation activities are required in the
        implementation of new programs and project actions, but limited
        public participation is appropriate for nonproject technical and
        financial assistance programs on nonfederal land.

    2.  *Early public involvement.* The public is to be invited and
        encouraged to participate in the early stages of planning,
        including the consideration of the potential effects of
        NRCS-assisted actions on significant environmental resources
        such as wetlands, flood plains, cultural values, endangered
        species, important farmland.

    3.  *Project activities.* The following are general considerations
        for providing opportunities for public participation:

        i.  *Identification of interested public*. The interested public
            consisting of but not limited to individuals, groups,
            organizations, and government agencies are to be identified,
            sought out, and encouraged to participate in and contribute
            to interdisciplinary planning and environmental evaluation.

        ii. *Public notices.* (40 CFR 1506.6) If the effects of an
            action are primarily of local concern, notice of each public
            meeting or hearing should be: Submitted to State and
            areawide clearinghouses pursuant to OMB Circular A--95
            (revised); submitted to Indian tribes if they are
            interested; published in local newspapers; distributed
            through other local media; provided to potentially
            interested community organizations including small business
            associations; published in newsletters that may be expected
            to reach potentially interested persons; mailed directly to
            owners and occupants of nearby or affected property; and
            posted onsite and offsite in the area where the action is to
            be located.

        iii. *State statutes*. If official action by the local units of
             government cooperating in the proposal is governed by State
             statute, the public notice and mailing requirement of the
             statute is to be followed. If the effects of an action are
             of national concern, notice is to be published in
             theFederal Registerand mailed to national organizations
             reasonably expected to be interested.

        iv. *Public meetings.* The RFO, after consultation with the
            sponsors, is to determine when public meetings or hearings
            are to be held. Public meetings may be in the form of a
            workshop, tour, open house, etc. Public involvement will
            include early discussion of flood-plain management and
            protection of wetlands, where appropriate. Environmental
            information is to be presented and discussed along with
            other appropriate information. To the extent practical,
            pertinent information should be made available before the
            meetings.

        v.  *Documentation.* The RFO is to maintain a reviewable record
            of public participation in the environmental evaluation
            process.

    4.  *Nonproject activities.* Public participation in the planning
        and application of conservation practices with individual land
        users is accomplished primarily through conservation districts.
        These districts are governed by boards of supervisors directors,
        commissioners, etc., who are elected and/or appointed to insure
        that soil, water, related resources, and environmental qualities
        in the district are maintained and improved. The public is to be
        encouraged to participate in the development of long-range
        district programs and district annual plans. The district keeps
        the public informed through public meetings, district
        newsletters, news stories, radio and television programs, and
        annual reports.

[]{#7%3A6.1.3.6.20.1.1.10 .anchor}

**[§ 650.10   Adoption of an EIS prepared by a cooperating
agency.]{.underline}**

a)  If NRCS adopts an EIS prepared by another Federal or State agency,
    the RFO is to review the document to insure that it meets the
    requirements of the CEQ regulations and NRCS-NEPA procedures.

b)  If the actions included in the EIS are substantially the same as
    those proposed by NRCS, the RFO is to recirculate the EIS as
    "final." The final EIS is to include an appropriate explanation of
    the action. If these actions are not substantially the same, the EIS
    is to be supplemented and recirculated as a draft EIS. The RFO is to
    inform the preparing agency of the proposed action.

c)  If the adopted EIS is not final, if it is the subject of a referral
    under 40 CFR part 1504, or if the statement\'s adequacy is in
    litigation, the RFO is to include an appropriate explanation in the
    EIS.

d)  The RFO is to take appropriate action to inform the public and
    appropriate agencies of the proposed action.

[]{#7%3A6.1.3.6.20.1.1.11 .anchor}

**[§ 650.11   Environmental documents.]{.underline}**

a)  NRCS is to use the following documents in compliance with NEPA (see
    §650.4):

    1.  Environmental assessments (EA)

    2.  Environmental impact statements (EIS)

    3.  Notice of intent (NOI)

    4.  Finding of no significant impact (FNSI)

    5.  Record of decision (ROD)

b)  The format and content of each document is to be appropriate to the
    action being considered and consistent with the CEQ regulations.

    1.  To reduce duplication, NRCS may combine environmental documents
        with other planning documents of the same proposal, as
        appropriate. For example, NRCS, in consultation with CEQ and the
        office of the Secretary of Agriculture, has determined that each
        EIS is to satisfy the requirements for a regulatory impact
        analysis as required by Executive Order 12044. This may
        necessitate modifying the recommended CEQ format. If documents
        are combined, the RFO is to include the information and sections
        required by the CEQ regulations (40 CFR 1502.10). The
        environmental impact statement should indicate those
        considerations, including factors not related to environmental
        quality, that are likely to be relevant to a decision.

    2.  The RFO is to establish the format and content of each document
        giving full consideration to the guidance and requirements of
        the CEQ regulations. The NRCS technical service center director
        is to provide guidance and concurrence on the format and content
        if the NRCS state conservationist is the RFO. The results of
        scoping are to determine the content of the EA or the EIS and
        the amount of detail needed to analyze the impacts.

    3.  In addition to the minimum requirements of the CEQ regulations
        (40 CFR 1502.10), environmental assessments and environmental
        impact statements are to include---

        i.  A brief description of public participation activities of
            agencies, groups, and individuals during the environmental
            evaluation;

        ii. A description of the hazard potential of each alternative,
            including an explanation of the rationale for dam
            classification and the risk of dam failure from overtopping
            for other causes;

        iii. Information identifying any approved regional plans for
             water resource management in the study area (40 CFR
             1506.2(d)) and a statement on whether the proposed project
             is consistent with such plans;

        iv. All Federal permits, licenses, and other entitlements that
            must be obtained (40 CFR 1502.25(b)); and

        v.  A brief description of major environmental problems,
            conflicts, and disagreements among groups and agencies and
            how they were resolved. Unresolved conflicts and the NRCS\'s
            proposal for resolving the disagreements before the project
            is implemented are to be summarized.

    4.  *Letters of comment and responses.* (40 CFR 1503.4, 1502.9(b))
        Letters of comment that were received and the responses to these
        comments are to appended to the final EIS. Opposing views and
        other substantive comments that were not adequately discussed in
        the draft EIS are to be incorporated in the final EIS.

    5.  *Appendix.* The RFO may use an appendix to an EA or EIS. If an
        appendix is too voluminous to be circulated with the EIS, the
        RFO is to make it available on request. If an appendix is
        included it is to---

        i.  Meet the requirements of 40 CFR 1502.18;

        ii. Identify any methodologies used (40 CFR 1502.24) and make
            explicit reference to other sources relied on for
            conclusions; and

        iii. Briefly describe the relationship between the benefit-cost
             analysis and any analyses of unquantified environmental
             impacts, values, and amenities. "For purposes of complying
             with the Act, the weighing of the merits or drawbacks of
             the various alternatives need not be displayed in a
             monetary cost benefit and should not be when these are
             important qualitative considerations." (40 CFR 1502.23).

        iv. 

[]{#7%3A6.1.3.6.20.1.1.12 .anchor}

**[§ 650.12   NRCS decisionmaking.]{.underline}**

a)  *General.* The purpose of these procedures is to insure that
    environmental information is provided to decision makers in a timely
    manner. The NEPA process is a part of NRCS decisionmaking. The RFO
    is to insure that the policies and purposes of NEPA and CEQ
    regulations are complied with in NRCS decisionmaking by:

    1.  Including in all decision documents and supporting environmental
        documents a discussion of all alternatives considered in the
        decision. Alternatives to be considered in reaching a decision
        will be available to the public.

    2.  Submitting relevant environmental documents, comments, and
        responses with other decision documents through the review
        process.

    3.  Including in the record of formal rulemaking or adjudicatory
        proceedings relevent environmental documents, comments and
        responses.

    4.  Providing for pre- and post-project monitoring (40 CFR
        1505.2(c), 1505.3) and evaluation in representative projects to
        insure that planning and evaluation procedures are performed
        according to sound criteria.

b)  *Decision points in NRCS-assisted projects*. NRCS administers
    programs that may have a significant effect on the human
    environment. Program procedures incorporate provisions for
    compliance with NEPA and for providing environmental information to
    the public, other agencies, and decision makers in a timely manner.
    NRCS provides technical and financial assistance for projects under
    the Watershed Protection and Flood Prevention and the Resource
    Conservation and Development (RC&D) programs. These usually require
    the preparation of project EA\'s or EIS\'s. The major decisionmaking
    points and their relation to NEPA compliance are as follows:

    1.  For Watershed Protection and Flood Prevention projects:

        i.  Application for assistance by the sponsoring local
            organization (SLO).

        ii. A preauthorization report identifying goals, alternatives,
            and effects of alternatives (including environmental
            impacts) prepared by the RFO and submitted to the applicant
            for decision. It is circulated to local, State, and Federal
            agencies and public comment is solicited. A decision is made
            to stop planning assistance or to develop a watershed plan.

        iii. Granting of planning authorization by the Administrator.
             The RFO must provide an evaluation of the potential
             environmental impacts to obtain the authorization.

        iv. A watershed agreement between the SLO and NRCS. The
            agreement is based on a completed watershed plan and
            associated environmental documents, which have been
            adequately reviewed within NRCS.

        v.  A project agreement between the SLO and the RFO executed
            after the NEPA process is complete and the watershed plan
            has been approved and final plans and specifications have
            been developed.

    2.  For RC&D measure plans:

        i.  A request for assistance (measure proposal) is reviewed by
            the RC&D council to insure that the proposal is in
            accordance with the RC&D area plan. The proposal is then
            referred to NRCS.

        ii. A preliminary report is prepared by the RFO to identify
            goals, alternatives, and effects (including environmental
            impacts). The report is submitted to the sponsor for review.
            The sponsor may then apply to NRCS for planning assistance
            for measures considered in the preliminary report.

        iii. An authorization for planning assistance is granted by the
             RFO.

        iv. The RC&D measure plan is signed by the applicant and the RFO
            after the preparation and review of the measure plan and
            environmental documents.

        v.  A project agreement is signed between the applicant and the
            RFO after the NEPA process is complete, the measure plan has
            been approved, and final plans and specifications have been
            prepared.

    3.  *EIS\'s.* The RFO is to prepare a concise record of decision
        (ROD) for actions requiring an EIS. The record of decision is to
        be prepared and signed by the RFO following the 30-day
        administrative action period initiated by the EPA\'s publication
        of the notice of availability of the final EIS in the Federal
        Register.It is to serve as the public record of decision as
        described in 40 CFR 1505.2 of the CEQ regulations. The ROD is to
        be distributed to all who provided substantive comments on the
        draft EIS and all others who request it. A notice of
        availability of the ROD will be published in the Federal
        Register and local newspaper(s) serving the project area. The
        RFO may choose to publish the entire ROD.

[]{#7%3A6.1.3.6.20.1.1.13 .anchor}

\(c\) [Environmental Impact Statement (EIS) and Record of
decision]{.underline}

\(1\) \* \* \*

\(d\) [Environmental Assessments and Finding of No Significant Impact
(FNSI)]{.underline}

\(1\) [EA's.]{.underline} If the EA indicates that the proposed action
is not a major Federal action significantly affecting the quality of the
human environment, the RFO is to prepare a finding of no significant
impact (FNSI).

\(2\) [Availability of the FNSI (40 CFR 1501.4(e) (2)).]{.underline} In
accordance with CEQ regulations at 40 CFR 1501.4(e)(2), NRCS shall make
the EA/FNSI available for public review for thirty days in the following
instances: (a) the proposed action is, or closely similar to, one which
normally requires the preparation of an EIS as defined by NRCS NEPA
implementing regulations at §650.7, or (b) the nature of the action is
one without precedent. When availability for public review for thirty
days is not required, NRCS will involve the public in the preparation of
the EA/FONSI and make the EA/FONSI available for public review in
accordance with CEQ regulations at 40 CFR 1501.4(b) and 1506.6.

\(e\) [Changes in actions]{.underline}*.* When it appears that a project
or other action needs to be changed, the RFO will perform an
environmental evaluation of the authorized action to determine whether a
supplemental NEPA analysis is necessary before making a change.

**[§ 650.13   Review and comment.]{.underline}**

In addition to the requirements of 40 CFR 1503, 1506.10 and 1506.11,
NRCS will take the following steps in distributing EIS\'s for review and
comment:

a)  Draft EIS\'s. Five copies of the draft EIS are to be filed by the
    RFO with the Office of Environmental Review, A--104, Environmental
    Protection Agency (EPA), Washington, D.C. At the same time, the RFO
    is to send copies of the draft EIS to the following:

    1.  *Other Federal agencies.* The regional office of EPA and other
        agencies that have jurisdiction by law or special expertise with
        respect to any environmental effect, other Federal agencies
        (including appropriate field and regional offices), and affected
        Indian tribes.

    2.  *State and local agencies.* OMB Circular No. A--95 (Revised),
        through its system of State and areawide clearinghouses,
        provides a means for obtaining the views of State and local
        environmental agencies that can assist in the preparation and
        review of EIS\'s

    3.  *Organizations, groups, and individuals.* A copy of the draft
        EIS is to be sent to the appropriate official of each
        organization or group and each individual of the interested
        public (§650.9(d)(3)(i)) and to others as requested. A charge
        may be made for multiple copy requests.

b)  *Time period for comment.* The time period for review ends 45 days
    after the date EPA publishes the notice of public availability of
    the draft in theFederal Register.A 15-day-extension of time for
    review and comment is to be considered by the RFO when such requests
    are submitted in writing. If neither comments nor a request for an
    extension is received at the end of the 45-day period, it is to be
    presumed that the agency or party from whom comments were requested
    has no comments to make.

c)  *News releases.* In addition to the notice of availability published
    in theFederal Registerby EPA, the RFO is to announce the
    availability of the draft EIS in one or more newspapers serving the
    area.

d)  *Revising a draft EIS.* If significant changes in the proposed
    action are made as a result of comments on the draft EIS, a revised
    draft EIS may be necessary. The revised draft EIS is to be
    recirculated for comment in the same manner as a draft EIS.

e)  *Final EIS\'s.* After the review period for the draft EIS, the RFO
    is to prepare a final EIS, making adjustments where necessary by
    taking into consideration and responding to significant comments and
    opposing viewpoints received on the draft EIS. The following steps
    are to be taken in filing and distributing the final EIS:

    1.  Letters of comment are to be appended to the final EIS. If
        numerous repetitive responses are received, summaries of the
        repetitive comments and a list of the groups or individuals who
        commented may be appended in lieu of the actual letter.

    2.  The RFO is to send five copies of the final EIS to EPA\'s Office
        of Environmental Review, and a copy of the final EIS to each
        State and Federal agency, organization, group, and individual
        who commented on the draft EIS. Single copy requests for copies
        of the final EIS will be provided without charge. A charge may
        be made for multiple copy requests.

    3.  During the 30-day administrative action period noted in
        §650.12(c), NRCS will make its final EIS available to the public
        (40 CFR 1506.10).

f)  *Supplements to EIS\'s*.

    1.  If NRCS determines that it is necessary to clarify or amplify a
        point of concern raised after the final EIS is filed,
        appropriate clarification or amplification is to be sent to EPA
        with information copies furnished to those who received copies
        of the final EIS. The waiting periods do not apply.

    2.  If the RFO determines that the final EIS or supplement to the
        original EIS previously filed becomes inadequate because of a
        major change in the plan for the proposed action that
        significantly affects the quality of the human environment, a
        new EIS is to be prepared, filed, and distributed as described
        in this section.

[]{#7%3A6.1.3.6.20.2 .anchor}

**Subpart B---Related Environmental Concerns**

**Authority:**   Pub. L. 86--523, 74 Stat. 220 as amended, Pub. L.
93--291, 88 Stat. 174 (16 U.S.C. 469); Pub. L. 89--665, 80 Stat. 915 (16
U.S.C. 470); Pub. L. 93--205, 87 Stat. 884 (16 U.S.C. 1531 et seq.);
Secretary of Agriculture Memorandum 1695, May 28, 1970; 42 U.S.C.
4332(2)(C); E.O. 11514, 16 U.S.C. 1001--1008; 7 U.S.C. 1010--1011; 16
U.S.C. 590 a-f, q; 7 CFR 2.62.

**Source:**   39 FR 43993, Dec. 20, 1974, unless otherwise
noted.[]{#7%3A6.1.3.6.20.2.1.1 .anchor}

**[§ 650.20   Reviewing and commenting on EIS\'s prepared by other
agencies.]{.underline}**

a)  *NRCS employees assigned to review and comment* on EIS\'s prepared
    by other agencies are to be familiar with NRCS policies and
    guidelines contained in this part, and NEPA.

b)  *EIS\'s received for review by NRCS for which NRCS has expertise or
    interest* shall be responded to promptly. Comments are to be
    objective with the intent to offer suggestions to help minimize
    adverse impacts of the proposed action to ensure the health and
    welfare of the agricultural community. Comments are to be based on
    knowledge readily available. Field office technical guides, soil
    surveys, field investigation reports, and other resource data and
    reference materials developed by NRCS and other agencies should be
    used and cited. It is not intended that special surveys or
    investigations be conducted to acquire additional information for
    use in preparing comments.

c)  *The NRCS reviewer should consider the following kinds of concerns*
    ---

    1.  *The suitability or limitations of the soils for the proposed
        action*. Would an alternative route, location, or layout
        minimize land use problems and adverse environmental impacts?

    2.  *Provisions for control of erosion and management of water
        during construction.* Are there resources downstream that would
        be affected by sediment from the construction area, and does the
        statement provide for adequate control measures? Will lack of
        erosion control cause air pollution? Is the stockpiling of
        topsoil for future use considered in the EIS?

    3.  *Provisions for soil and water conservation managment measures
        on project lands, rights-of-way, access roads, and borrow
        areas.* Does the statement indicate that enduring soil and water
        practices are to be installed and maintained?

    4.  *The effect of water discharges from project lands or
        rights-of-way onto other properties*. Will discharges cause
        erosion or flooding on other lands? Will discharges affect water
        quality?

    5.  *The effects of disruption of the natural drainage patterns and
        severance of private land units.* Does the statement indicate
        that natural drainage patterns will be maintained? Will bridges,
        culverts, and other water control structures be located to
        ensure that adjacent lands are not flooded or otherwise
        restricted in use? Does the EIS describe the effects of
        severance on private land ownerships?

    6.  *The impact on existing soil and water conservation management
        systems.* To what extent will conservation systems be altered,
        severed, or suffer blocked outlets? Will land use or cover be
        affected?

    7.  *Impacts on prime and unique farmland*. Would an alternative
        location or route require less prime farmland? Does the EIS
        consider secondary effects on prime farmland? What benefits are
        foregone if prime farmland is taken?

    8.  *Impacts on ecosystems*. Does the EIS describe impacts on major
        plant communities, and terrestrial and aquatic ecosystems?

    9.  *Impacts on NRCS-assisted projects*. Does the statement reflect
        the effect of the proposed action on present or planned NRCS
        assisted projects?

d)  *EIS\'s referred to NRCS for departmental comments*. EIS\'s referred
    by the USDA Coordinator for Environmental Quality Activities to the
    NRCS national office may designate NRCS as the lead agency for
    preparing comments for USDA. In this case, the NRCS national office
    determines whether inputs from STC\'s and other USDA agencies are
    needed. If so, STC\'s and other USDA agencies are requested to
    forward comments to the Environmental Services Division fo use in
    preparing the USDA response.

e)  *EIS\'s referred to NRCS for agency comments.* EIS\'s received by
    the NRCS national office are screeened by the Director,
    Environmental Services Division to determine which office within
    NRCS will prepare comments. If the proposed action is within one
    State, the draft EIS will be forwarded to the appropriate STC and he
    will reply directly to the agency requesting the comments. If the
    proposed action involves more than one State, one STC will be
    designated to forward NRCS comments directly to the agency
    requesting the comments. In some cases, the action may be national
    or regional in scope, and require inputs from several offices within
    NRCS. In this instance, comments will be assembled in the
    Environmental Services Division for preparation of a response to the
    agency requesting comments. A copy of each response prepared by a
    STC should be sent to the Director, Environmental Services Division.

f)  *EIS\'s sent to NRCS offices other than the national office.* If a
    STC receives an EIS from another agency, he is to respond to the
    initiating agency. A copy of his comments should be sent to the
    Director, Environmental Services Division.

    1.  *EIS\'s addressed to NRCS area or field offices*. If an EIS is
        received by a field or area office of NRCS, the STC will
        coordinate the response.

    2.  *EIS\'s submitted to conservation districts.* NRCS may furnish
        needed soil, water, and related resource information to the
        district for their use in preparing comments.

g)  *Distribution of NRCS comments on other agencies\' draft EIS\'s.*
    Five copies of review comments made by NRCS on draft EIS\'s prepared
    by other Federal agencies are to be sent to CEQ.

h)  *Third party requests for a copy of NRCS comments on another*
    agency\'s EIS will be filled after NRCS has forwarded copies of its
    letter of comments to CEQ.

*\[42 FR 40118, Aug. 8, 1977\]*

[]{#7%3A6.1.3.6.20.2.1.2 .anchor}**[§ 650.21   Working relations with
the U.S. Environmental Protection Agency (EPA) and related State
environmental agencies.]{.underline}**

a)  *Background.* The authorities and missions of NRCS, EPA, and state
    environmental agencies make it imperative that an effective
    cooperative and coordinative working relationship be developed and
    maintained in areas of mutual concern. These common areas include
    air quality, water quality, pesticides, waste recycling and
    disposal, environmental considerations in land use, Environmental
    Impact Statements (EIS\'s) and environmental considerations in the
    conservation and development of natural resources.

b)  *Policy.* NRCS will work closely with EPA in accordance with the
    provisions of the EPA-USDA Memorandum of Understanding July 31,
    1974, at all administrative levels and with related state agencies
    to meet statutory requirements and to achieve harmonious
    implementation of all actions of mutual concern directed to
    improving or maintaining the quality of the environment.

c)  *Responsibility* ---

    1.  *NRCS national office.* The Deputy Administrator for Field
        Services is responsible for overall coordination with EPA at the
        national office level. The Deputy Administrator for Water
        Resources is responsible for contacts with EPA in relation to
        activities of the Water Resources Council on water and related
        land resource planning and for coordinating work with EPA on EIS
        development.

    2.  *Technical service center.* The TSC director is responsible for
        contacts and coordination with EPA regional offices within the
        group of states served by the TSC.

    3.  *NRCS state office.* The state conservationist is responsible
        for contacts and coordination with regional representatives of
        EPA and state environmental agencies in matters of mutual
        concern within his state.

d)  *Coordination and implementation.*

    1.  The NRCS national office will:

        i.  Within the framework of USDA agreements and guidelines,
            develop agreements for undertaking specific activities or
            projects of national significance and mutual advantage.

        ii. Assist EPA as requested in developing EPA policy,
            guidelines, and standards.

        iii. Consider EPA needs in soil survey and land, inventory, and
             monitoring activities.

        iv. Maintain needed liaison and develop mutual guidelines with
            EPA on water resources work and in coordinating EIS\'s.

        v.  Advise EPA regarding soils, plant materials, and soil and
            water conservation techniques.

        vi. Establish procedures for periodic review of NRCS national
            standards for treatment systems and practices for
            agricultural pollution abatement, including wind and water
            erosion and sediment control, transport of pesticides,
            organic matter and fertilizers, and burning of residues or
            clearing debris.

    2.  The TSC director will:

        i.  Within the framework of NRCS memorandums and guidelines
            coordinate with the EPA regional administrator(s) the
            development of needed agreements for undertaking specific
            activities or projects of multistate significance and mutual
            advantage.

    3.  The state conservationist will:

        i.  Obtain early input of EPA and interested state and local
            environmental agencies in the planning process for projects
            or measures within the state impacting on the environment.

        ii. Coordinate preparations of NRCS practice standards and
            procedures for agricultural pollution abatement within the
            state with EPA and related state agencies.

        iii. Encourage the development of a coordinated review and
             approval process within the state with EPA and appropriate
             state and local agencies including conservation districts
             for actions of mutual concern.

        iv. Attempt to resolve all EPA areas of concern on NRCS assisted
            project-type actions within the state before a final EIS is
            prepared.

[]{#7%3A6.1.3.6.20.2.1.3 .anchor}

**[§ 650.22   Rare, threatened, and endangered species of plants and
animals.]{.underline}**

a)  *Background.*

    1.  A variety of plant and animal species of the United States are
        so reduced in numbers that they are threatened with extinction.
        The disappearance of any of these would be a biological,
        cultural, and in some instances an economic loss. Their
        existence contributes to scientific knowledge and understanding,
        and their presence adds interest and variety to life.

    2.  The principal hazard to threatened and endangered species is the
        destruction or deterioration of their habitats by human
        activities such as industrialization, urbanization, agriculture,
        lumbering, recreation, and transportation. These activities of
        man will continue but the necessity of recognizing their adverse
        impacts and selecting alternatives that minimize or eliminate
        such impacts on threatened and endangered species is imperative.

    3.  The Endangered Species Act of 1973 (Pub. L. 93--205, 87 Stat.
        884 (16 U.S.C. 1531 et seq.)) provides a means whereby the
        ecosystems upon which endangered and threatened species depend
        may be maintained and a program for the conservation of such
        species. The Act also provides that, in addition to the
        Department of the Interior, "All other federal departments and
        agencies shall, in consultation with and with the assistance of
        the Secretary (of Interior), utilize their authorities for the
        conservation of endangered species and threatened species listed
        pursuant to section 4 of this Act and by taking such action
        necessary to insure that actions authorized, funded, or carried
        out by them do not jeopardize the continued existence of such
        endangered species and threatened species or result in the
        destruction or modification of habitat of such species which is
        determined by the Secretary, after consultation as appropriate
        with the affected states, to be critical." The Act also:

        i.  Defines endangered species as any species in danger of
            extinction throughout all or a significant portion of its
            range and threatened species as any species likely to become
            an endangered species within the foreseeable future
            throughout all or a significant portion of its range. The
            Act uses the category "threatened." The term "rare" is not
            used.

        ii. Further defines species as including any subspecies of fish
            or wildlife or plants and any other group of fish and
            wildlife of the same species or smaller taxa in common
            spatial arrangements that interbreed when mature.

        iii. Provides for the Secretary of the Interior to enter into
             cooperative agreements with states for the purpose of
             implementing state programs for the conservation of
             endangered and threatened fish and wildlife. This
             assistance may include financial grants.

        iv. Provides national lists of endangered and threatened animal
            and plant species to be maintained by the Secretary of the
            Interior and published in theFederal Register.When resident
            fish and wildlife are added to the list, the affected states
            are to be consulted by the Secretary. The Secretary of the
            Smithsonian Institution is preparing a list of endangered or
            threatened plant species.

b)  *Policy.* The Act gives NRCS additional direction for participation
    in the conservation and protection of endangered and threatened
    species. As the principal federal agency concerned with land use
    planning of privately owned rural land and with professional
    conservation employees headquartered in almost every county, NRCS is
    uniquely capable of playing a vital role. Additional training will
    be provided as needed to meet NRCS responsibilities. NRCS will
    assist in the conservation of threatened and endangered species and
    consistent with legal requirements avoid or prevent activities
    detrimental to such species. NRCS concern for these species will not
    be limited to those listed by the Secretary of the Interior and
    published in theFederal Register,but will include species designated
    by state agencies as rare, threatened, endangered, etc.

c)  *Responsibility* ---

    1.  *NRCS national office.* The Administrator will arrange for
        consultation and coordination of NRCS national office activities
        with the U.S. Fish and Wildlife Service, other federal agencies,
        and national organizations.

    2.  *Technical service center.* The TSC director will, within the
        group of states served by the TSC arrange for consultation and
        coordination with regional representatives of the U.S. Fish and
        Wildlife Service, other Federal agencies, and national and
        regional organizations.

    3.  *NRCS state office*. The state conservationist will arrange for
        consultation and coordination with the state fish and game or
        conservation agency, other state agencies, state organizations
        and foundations, conservation districts, and state
        representatives of federal agencies and national organizations.

d)  *Coordination and implementation.*

    1.  The NRCS national office will:

        i.  Within the framework of national legislation, USDA
            agreements, and NRCS objectives, develop NRCS policies and
            directives for guiding agency efforts that will protect
            threatened and endangered species and for avoiding actions
            that jeopardize the continued existence of such species and
            their critical habitats.

        ii. Maintain needed liaison and develop mutual understanding
            with the U.S. Fish and Wildlife Service and other concerned
            federal agencies.

        iii. Establish procedures for periodic review of NRCS
             participation in the national effort to conserve these
             species.

    2.  The TSC director will:

        i.  Within the framework of NRCS policies and guidelines,
            arrange for needed liaison and understanding with regional
            counterparts of other federal agencies within the group of
            states served by the TSC and keep state conservationists
            informed of developments within such states.

        ii. Provide guidance and assistance to state conservationists in
            carrying out NRCS policies and guidelines.

    3.  The state conservationist will develop procedures to establish
        working relationships with other concerned federal agencies,
        state fish and wildlife or conservation agencies, conservation
        districts, concerned scientists in state university systems and
        natural history museums, and other informed persons and
        organizations to offer assistance in:

        i.  Preparing or maintaining lists of the state\'s threatened
            and endangered species.

        ii. Determining the geographic occurrence of endangered and
            threatened species, the nature of their habitat, and that
            portion of the habitat that is critical to the survival,
            maintenance, or increase of these species.

        iii. Discussing the kinds of measures important to preserve
             their habitat.

        iv. A monitoring program that would obtain advanced warning of
            actions or conditions that could further endanger these
            species, thereby enabling NRCS and others to take
            appropriate protective action.

        v.  Assisting recovery teams, as appropriate, in preparing
            species recovery plans of those endangered and threatened
            species included in Federal lists.

    4.  The state conservationist will also:

        i.  Keep NRCS area and field offices informed of species listed
            as being threatened or endangered, geographic area in which
            they are found, and information such as their numbers,
            preferred habitat, and critical factors.

        ii. Review the status of threatened and endangered species each
            December and send a report of the review to the
            Administrator.

    5.  NRCS district conservationists within the geographic range of
        threatened and endangered species will examine conservation
        district programs and NRCS operations to evaluate their effects
        on these species, and recommend to district officials and the
        state conservationist any action needed for their protection.

    6.  NRCS field employees within the geographic range of threatened
        and endangered species will be continually alert to conditions,
        actions, or trends that may adversely affect the welfare of
        these species and report adverse situations to the state
        conservationist.

[]{#7%3A6.1.3.6.20.2.1.4 .anchor}

**[§ 650.23   Natural areas.]{.underline}**

a)  *Background.*

    1.  Natural areas are defined as land or water units where natural
        conditions are maintained insofar as possible. Natural
        conditions usually result from allowing ordinary physical and
        biological processes to operate with a minimum of human
        intervention. Manipulations may be required on natural areas to
        maintain or restore features that the areas were established to
        protect.

    2.  Natural areas may be designated areas of Federal, non-Federal
        government, or privately controlled land. Designation may be
        formal as provided for under federal regulations for areas of
        federal land to be administered as natural areas or by
        foundations or conservation organizations specifically created
        to acquire and maintain natural areas. Designation may be
        informal in the case of private landowners who designate a
        specific area as a natural area and manage it accordingly.
        Several professional societies concerned with renewable natural
        resources encourage establishment of natural areas withdrawn
        from economic uses and recognition of natural areas maintained
        and managed in economic enterprises.

    3.  Natural areas are established and maintained for a variety of
        purposes including:

        i.  *Furthering science and education.* Natural areas provide
            sites for research and outdoor classrooms for study of plant
            and animal communities in environments with particular
            ecological conditions.

        ii. *Monitoring the surrounding environment.* Natural areas
            serve as gauges against which to evaluate changes in land
            use, vegetation, animal life, air quality, or other
            environmental values.

        iii. *Providing recreation attractions.* Natural areas are
             valued by many people for their scenic, wild, and
             undisturbed character but must be protected, as needed, to
             prevent disturbance or alteration of the resources.

        iv. *Preserving unique values.* Natural areas may be established
            to protect scenic, biologic, geologic, or paleontologic
            features.

        v.  *Serving as a genetic base for native plants and animals.*
            Natural areas may be established to preserve examples of
            land and water ecosystems with their full range of genetic
            diversity of native plants and animals including threatened
            and endangered species.

b)  *Policy.* NRCS will recognize natural areas, if so dedicated, as a
    land use, and will support the designation of appropriate natural
    areas.

c)  *Responsibility* ---

    1.  *NRCS national office*. The Administrator will designate a
        member of the national office staff to act as NRCS
        representative on the Federal Committee for Ecological Preserves
        and to provide appropriate liaison with other federal agencies
        and non-Federal groups concerned with natural areas.

    2.  *Technical service center.* The TSC director will designate a
        TSC plant sciences discipline leader to provide leadership,
        appropriate liaison, and assistance on natural areas to NRCS
        state offices.

    3.  *NRCS state office*. The state conservationist will designate an
        appropriate NRCS representative to work with other agencies and
        groups, and will coordinate assistance on natural areas needed
        by area and field offices.

d)  *Coordination and implementation*.

    1.  NRCS technical assistance will be furnished to representatives
        of administering agencies, foundations, groups, and individuals
        when requested through conservation districts. Conservation
        district officers will be encouraged to recognize appropriate
        natural areas concepts and programs and to participate in them.

    2.  NRCS employees will report to state conservationists abuses and
        potential or actual damages to natural areas that may be found
        in the course of ordinary business.

    3.  NRCS will cooperate with professional societies, groups, and
        individuals in locating areas suitable for and needed as natural
        areas.

    4.  NRCS employees providing 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.

    5.  Recommended classification systems for characterizing areas
        designated as ecological preserves or as natural areas are
        contained in the following publications:

Soil Taxonomy, a Basic System of Soil Classification for Making and
Interpreting Soil Surveys, USDA-NRCS Agricultural Handbook 436.

Forest Cover Types of North America Exclusive of Mexico, Report of the
Committee on Forest Cover Types, Society of American Foresters, 1964.

Potential Natural Vegetation of Conterminous United States. A. W.
Kuchler, American Geographical Society Special Publication 36, 1964.

Wetlands classification described by the U.S. Fish and Wildlife Service
in its Circular 39.

NRCS will, to the extent feasible, use these classification systems when
providing technical assistance on public and private natural areas and
ecological preserves.

6.  The NRCS published National List of Scientific Plant Names will be
    used when scientific names or name symbols are needed for automatic
    data processing.

[]{#7%3A6.1.3.6.20.2.1.5 .anchor}

**[§ 650.24   Scenic beauty (visual resource).]{.underline}**

a)  *Background.* Contributions to scenic beauty are a normal product of
    NRCS work. Strip-cropping, field borders, field windbreaks, and
    ponds are examples. Emphasis is given to those soil and water
    conservation measures that contribute to a productive and efficient
    agriculture and increase the attractiveness of rural America and are
    in line with goals and objectives of conservation districts. This is
    best accomplished by considering the landscape visual resource when
    providing planning assistance to individual landowners, groups,
    units of government, and watershed and resource conservation
    development project sponsors. NRCS responsibilities in recreation
    also offer opportunities to develop the scenic beauty of the rural
    landscape. Department of Agriculture Secretary\'s Memorandum 1695,
    May 28, 1970, "Protecting and Improving The Quality of the
    Environment," includes scenic beauty as an objective of the
    Department\'s programs.

b)  *Policy*. NRCS will:

    1.  Provide technical assistance with full consideration of
        alternative management and development systems that preserve
        scenic beauty or improve the visual resource;

    2.  emphasize the application of conservation practices having
        scenic beauty or visual resource values particularly in waste
        management systems; field borders, field windbreaks, wetland
        management, access roads, critical area treatment; design and
        management of ponds, stream margins, odd areas, and farmsteads;
        siting or positioning of structures and buildings to be in
        harmony with the landscape while reducing the potential for
        erosion; using native and other adaptable plants for
        conservation which enhance scenic beauty and create variety
        while linking beauty with utility;

    3.  promote personal pride in landowners in the installation,
        maintenance, and appearance of conservation practices and their
        properties;

    4.  select suitable areas for waste products and use of screens to
        hide "eyesore" areas, and

    5.  encourage conservation districts to include practices which
        promote scenic beauty in their annual and long-range programs.

c)  *Responsibility.* The Natural Resources Conservation Service will
    provide technical assistance through conservation districts to
    landowners, operators, communities, and state and local governments
    in developing programs relating to scenic beauty.

    1.  *NRCS national office.* The Administrator will:

        i.  Assign appropriate NRCS national office leadership to insure
            that enhancement of scenic beauty is included in national
            information, policy, guidelines, standards, guides to
            specifications for conservation practices without impairing
            basic soil and water conservation functions.

        ii. Emphasize in plant material center management and in plant
            materials functions that locating and evaluating plants for
            forage, erosion control, and recreation or wildlife uses be
            carried out with full attention to visual resource value.

    2.  *NRCS state office.* The state conservationist will:

        i.  Assign appropriate staff member(s) to provide leadership in
            carrying out scenic beauty policy and procedure within the
            state.

        ii. Develop and keep current a landscape management plan to
            improve and maintain the appearance of all real properties
            under NRCS control, and provide appropriate assistance to
            owners and managers of properties leased or rented by NRCS.

        iii. Give emphasis to preserving scenic beauty and contributing
             to the visual resource in the NRCS information program
             whenever opportunities exist.

d)  *Coordination and implementation*.

    1.  The governing body of each conservation district will be
        encouraged to revise or update its district program to
        appropriately provide for beautification of the countryside
        through applicable land use changes and effective soil and water
        conservation treatment.

    2.  In providing assistance to watershed and resource conservation
        and development project sponsors and other resource planning
        groups for soil, water, and related resources, emphasis will be
        given to measures that preserve natural beauty or contribute to
        the quality of the visual resource.

    3.  Local organizations and groups interested in scenic beauty will
        be contacted and consulted for cooperation in and coordination
        with NRCS and conservation district efforts.

[]{#7%3A6.1.3.6.20.2.1.6 .anchor}

**[§ 650.25   Flood-plain management.]{.underline}**

Through proper planning, flood plains can be managed to reduce the
threat to human life, health, and property in ways that are
environmentally sensitive. Most flood plains are valuable for
maintaining agricultural and forest products for food and fiber, fish
and wildlife habitat, temporary floodwater storage, park and recreation
areas, and for maintaining and improving environmental values. NRCS
technical and financial assistance is provided to land users primarily
on non-Federal land through local conservation districts and other State
and local agencies. Through its programs, NRCS encourages sound
flood-plain management decisions by land users.

a)  *Policy* ---

    1.  *General.* NRCS provides leadership and takes action, where
        practicable, to conserve, preserve, and restore existing natural
        and beneficial values in base (100-year) flood plains as part of
        technical and financial assistance in the programs it
        administers. In addition, 500-year flood plains are taken into
        account where there are "critical actions" such as schools,
        hospitals, nursing homes, utilities, and facilities producing or
        storing volatile, toxic, or water-reactive materials.

    2.  *Technical assistance.* NRCS provides leadership, through
        consultation and advice to conservation districts and land
        users, in the wise use, conservation, and preservation of all
        land, including flood plains. Handbooks, manuals, and internal
        memoranda set forth specific planning criteria for addressing
        flood-plain management in NRCS-assisted programs. The general
        procedures and guidelines in this part comply with Executive
        Order (E.O.) 11988, Floodplain Management, dated May 24, 1977,
        and are consistent with the Water Resources Council\'s Unified
        National Program for Floodplain Management.

    3.  *Compatible land uses.* The NRCS Administrator has determined
        that providing technical and financial assistance for the
        following land uses is compatible with E.O. 11988:

        i.  Agricultural flood plains that have been used for producing
            food, feed, forage, fiber, or oilseed for at least 3 of the
            5 years before the request for assistance; and

        ii. Agricultural production in accordance with official State or
            designated area water-quality plans.

    4.  *Nonproject technical and financial assistance programs.* The
        NRCS Administrator has determined that NRCS may not provide
        technical and financial assistance to land users if the results
        of such assisted actions are likely to have significant adverse
        effects on existing natural and beneficial values in the base
        flood plain and if NRCS determines that there are practicable
        alternatives outside the base flood plain. NRCS will make a
        case-by-case decision on whether to limit assistance whenever a
        land user proposes converting existing agricultural land to a
        significantly more intensive agricultural use that could have
        significant adverse effects on the natural and beneficial values
        or increase flood risk in the base flood plain. NRCS will
        carefully evaluate the potential extent of the adverse effects
        and any increased flood risk.

    5.  *Project technical and financial assistance programs.* In
        planning and installing land and water resource conservation
        projects, NRCS will avoid to the extent possible the long and
        short-term adverse effects of the occupancy and modification of
        base flood plains. In addition, NRCS also will avoid direct or
        indirect support of development in the base flood plain wherever
        there is a practicable alternative. As such, the environmental
        evaluation required for each project action (§650.5 of this
        part) will include alternatives to avoid adverse effects and
        incompatible development in base flood plains. Public
        participation in planning is described in §650.6 of this part
        and will comply with section 2(a)(4) of E.O. 11988. Flood-plain
        management requires the integration of these concerns into
        NRCS\'s National Environmental Policy Act (NEPA) process for
        project assistance programs as described in Section 650 of this
        part.

    6.  *Real property and facilities under NRCS ownership or control*.
        NRCS owns or controls about 30 properties that are used
        primarily for the evaluation and development of plant materials
        for erosion control and fish and wildlife habitat plantings (7
        CFR Part 613, Plant Materials Centers, 16 U.S.C. 590 a-e, f, and
        7 U.S.C. 1010--1011). If NRCS real properties or facilities are
        located in the base flood plain, NRCS will require an
        environmental evaluation when new structures and facilities or
        major modifications are proposed. If it is determined that the
        only practicable alternative for siting the proposed action may
        adversely affect the base flood plain, NRCS will design or
        modify its action to minimize potential harm to or within the
        flood plain and will prepare and circulate a notice explaining
        why the action is proposed to be located in the base flood
        plain. Department of Housing and Urban Development (HUD) flood
        insurance maps, other available maps, information, or an onsite
        analysis will be used to determine whether the proposed NRCS
        action is in the base flood plain. Public participation in the
        action will be the same as described in §650.6 of this part.

b)  *Responsibility.* NRCS provides technical and financial assistance
    to land users primarily through conservation districts, special
    purpose districts, and other State or local subdivisions of State
    government. Acceptance of this assistance is voluntary on the part
    of the land user. NRCS does not have authority to make land use
    decisions on non-Federal land. NRCS provides the land user with
    technical flood hazard data and information on flood-plain natural
    values. NRCS informs the land user how alternative land use
    decisions may affect the aquatic and terrestial ecosystems, human
    safety, property, and public welfare. Alternatives to flood-plain
    occupancy, modification, and development are discussed onsite with
    the land user by NRCS.

    1.  *NRCS National Office.* (§600.2 of this part). The NRCS
        Administrator, state conservationist, and district
        conservationist are the responsible Federal officials in NRCS
        for implementing the policies expressed in these rules. Any
        deviation from these rules must be approved by the
        Administrator. The Deputy Administrator for Programs has
        authority to oversee the application of policy in NRCS programs.
        Oversight assistance to state conservationists for flood-plain
        management will be provided by the NRCS technical service
        centers (§600.3 of this part).

    2.  *NRCS state offices.* (§600.4 of this part). Each state
        conservationist is the responsible Federal official in all
        NRCS-assisted programs administered within the State. He or she
        is also responsible for administering the plant materials
        centers within the State. The state conservationist will assign
        a staff person who has basic knowledge of landforms, soils,
        water, and related plant and animal ecosystems to provide
        technical oversight to ensure that assistance to land users and
        project sponsors on the wise use, conservation, and preservation
        of flood plains is compatible with national policy. For
        NRCS-assisted project actions, the staff person assigned by the
        state conservationist will consult with the local jurisdictions,
        sponsoring local organizations, and land users, on the basis of
        an environmental evaluation, to determine what constitutes
        significant adverse effects or incompatible development in the
        base flood plain. The state conservationist is to prepare and
        circulate a written notice for NRCS-assisted actions for which
        the only practicable alternative requires siting in a base flood
        plain and may result in adverse effects or incompatible
        development. The NRCS NEPA process will be used to integrate
        flood-plain management into project planning and consultations
        on land use decisions by land users and project sponsors.

    3.  *NRCS field offices*. The district conservationist (§600.6 of
        this part) is delegated the responsibility for providing
        technical assistance and approving financial assistance to land
        users in nonproject actions, where applicable, and for deciding
        what constitutes an adverse effect or incompatible development
        of a base flood plain. This assistance will be based on official
        NRCS policy, rules, guidelines, and procedures in NRCS
        handbooks, manuals, memoranda, etc. For NRCS-assisted nonproject
        actions, the district conservationist, on the basis of the
        environmental evaluation, will advise recipients of technical
        and financial assistance about what constitutes a significant
        adverse effect or incompatible development in the base flood
        plain.

c)  *Coordination and implementation.* All planning by NRCS staffs is
    interdisciplinary and encompasses the six NEPA policy statements,
    the WRC Principles and Standards, and an equivalent of the
    eight-step decisionmaking process in the WRC\'s February 1978
    Floodplain Management Guidelines. NRCS internal handbooks, manuals,
    and memoranda provide detailed information and guidance for NRCS
    planning and environmental evaluation.

    1.  *Steps for nonproject technical and financial assistance
        programs.*

        i.  NRCS assistance programs are voluntary and are carried out
            through local conservation districts (State entities)
            primarily on non-Federal, privately owned lands.

        ii. After the land user decides the type, extent, and location
            of the intended action for which assistance is sought, the
            district conservationist will determine if the intended
            action is in the base flood plain by using HUD flood
            insurance maps, and other available maps and information or
            by making an onsite determination of the approximate level
            of the 100-year flood if maps or other usable information
            are lacking.

        iii. If the district conservationist determines that the land
             user\'s proposed location is outside the base flood plain,
             and would not cause potential harm within the base flood
             plain, NRCS will continue to provide assistance, as needed.

        iv. If the district conservationist determines that the land
            user\'s proposed action is within the base flood plain and
            would likely result in adverse effects, incompatible
            development, or an increased flood hazard, it is the
            responsibility of the district conservationist to determine
            and point out to the land user alternative methods of
            achieving the objective, as well as alternative locations
            outside the base flood plain. If the alternative locations
            are determined to be impractical, the district
            conservationist will decide whether to continue providing
            assistance. If the decision is to terminate assistance for
            the proposed action, the land user and the local
            conservation district, if one exists, will be notified in
            writing about the decision.

        v.  If the district conservationist decides to continue
            providing technical and financial assistance for a proposed
            action in the base flood plain, which is the only
            practicable alternative, NRCS may require that the proposed
            action be designed or modified so as to minimize potential
            harm to or within the flood plain. The district
            conservationist will prepare and circulate locally a written
            notice explaining why the action is proposed to be located
            in the base flood plain.

    2.  *Steps for project assistance programs*.

        i.  NRCS project assistance to local sponsoring organizations
            (conservation districts and other legal entities of State
            government) and land users is carried out primarily on
            non-Federal land in response to requests for assistance.
            NRCS helps the local sponsoring organizations prepare a plan
            for implementing the needed resource measures.

        ii. NRCS uses an interdisciplinary environmental evaluation
            (§650.6 of this part) as a basis for providing
            recommendations and alternatives to project sponsors.
            Flood-plain management is an integral part of every NRCS
            environmental evaluation. NRCS delineates the base flood
            plain by using detailed HUD flood insurance maps and other
            available data, as appropriate, and provides recommendations
            to sponsors on alternatives to avoid adverse effects and
            incompatible development in base flood plains. NRCS will
            develop, as needed, detailed 100-year and 500-year
            flood-plain maps where there are none.

        iii. NRCS\'s NEPA process (part 650 of this chapter) is used to
             integrate the spirit and intent of E.O. 11988 Sections 2(a)
             and 2(c) into agency planning and recommendations for land
             and water use decisions by local sponsoring organizations
             and land users.

        iv. NRCS will terminate assistance to a local sponsoring
            organization in project programs if it becomes apparent that
            decisions by land users and local jurisdictions concerning
            flood-plain management would likely result in adverse
            effects or incompatible development and the environmental
            evaluation reveals that there are practicable alternatives
            to the proposed project that would not cause adverse effects
            on the base flood plain.

        v.  In carrying out the planning and installation of land and
            water resource conservation projects, NRCS will avoid, to
            the extent possible, the long-term and short-term adverse
            effects associated with the occupancy and modification of
            base flood plains. In addition, NRCS will also avoid direct
            or indirect support of development in the base flood plain
            wherever there is a practicable alternative. Where
            appropriate, NRCS will require design modifications to
            minimize harm to or within the base flood plain. NRCS will
            provide appropriate public notice and public participation
            in the continuing planning process in accordance with NRCS
            NEPA process.

        vi. NRCS may require the local government to adopt and enforce
            appropriate flood plain regulations as a condition to
            receiving project financial assistance.

    3.  *Actions on property and facilities under NRCS ownership or
        control*. For real property and facilities owned by or under the
        control of NRCS, the following actions will be taken:

        i.  Locate new structures, facilities, etc., outside the base
            flood plain if there is a practicable alternate site.

        ii. Require public participation in decisions to construct
            structures, facilities, etc., in flood plains that might
            result in adverse effects and incompatible development in
            such areas if no practicable alternatives exist.

        iii. New construction or rehabilitation will be in accordance
             with the standards and criteria of the National Flood
             Insurance Program and will include floodproofing and other
             flood protection measures as appropriate.

*\[44 FR 44462, July 30, 1979\]*