[Federal Register Volume 74, Number 132 (Monday, July 13, 2009)]
[Rules and Regulations]
[Pages 33319-33323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-16400]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 74, No. 132 / Monday, July 13, 2009 / Rules
and Regulations
[[Page 33319]]
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
7 CFR Part 650
RIN 0578-AA55
Compliance With NEPA
AGENCY: Natural Resources Conservation Service (NRCS), United States
Department of Agriculture
ACTION: Interim final rule with request for comment.
-----------------------------------------------------------------------
SUMMARY: The Natural Resources Conservation Service (NRCS or the
Agency) publishes this interim final rule to request comments on
additional categorical exclusions, which are actions that the agency
has determined do not individually or cumulatively have a significant
effect on the human environment and, thus, should not require preparing
an environmental assessment (EA) or environmental impact statement
(EIS) under the National Environmental Policy Act (NEPA). NRCS'
categorical exclusion actions promote restoration and conservation
activities related to natural or human induced damage, or alteration of
floodplain easements and watershed areas. For projects being funded
under the American Recovery and Reinvestment Act of 2009 (ARRA), the
interim final rule will assist NRCS in meeting mandates set forth in
ARRA and NEPA for undertaking actions in the most expeditious manner
and in compliance with NEPA.
DATES: Effective Date: The rule is effective July 13, 2009.
Comment date: Submit comments on or before September 11, 2009.
ADDRESSES: You may send comments (identified by Docket Number NRCS-
0578-AA55) using any of the following methods:
Government-wide rulemaking Web site: http://www.regulations.gov and follow the instructions for sending comments
electronically.
E-mail: [email protected].
Mail: Matt Harrington, National Environmental Coordinator,
Ecological Sciences Division, Department of Agriculture, Natural
Resources Conservation Service, 1400 Independence Avenue, SW.,
Washington, DC 20250.
Fax: (202) 720-2646.
Hand Delivery: USDA South Building, 1400 Independence
Avenue, SW., Room 6158, Washington, DC 20250, between 9 a.m. and 4
p.m., Monday through Friday, except Federal Holidays. Please ask the
guard at the entrance to the South Building to call (202) 720-2587 in
order to be escorted into the building.
This interim final rule may be accessed via Internet. Users can
access the interim final rule at: http://www.nrcs.usda.gov/programs/Env_Assess/index.html. Persons with disabilities who require
alternative means for communication (Braille, large print, audio tape,
etc.) should contact the USDA TARGET Center at: (202) 720-2600 (voice
and TDD).
FOR FURTHER INFORMATION CONTACT: Matt Harrington, National
Environmental Coordinator, Ecological Sciences Division, Department of
Agriculture, Natural Resources Conservation Service, 1400 Independence
Avenue, SW., Washington DC 20250; Phone: (202) 720-4925; Fax: (202)
720-2646; or e-mail [email protected], and identify in the subject
line, ``Information Requested.''
SUPPLEMENTARY INFORMATION:
Regulatory Certifications
Executive Order 12866
The Office of Management and Budget has determined that this
interim final rule is a non-significant regulatory action under
Executive Order 12866.
Regulatory Flexibility Act
Pursuant to 5 U.S.C. 605(c) of the Regulatory Flexibility Act, NRCS
has determined that this interim final rule will not have a significant
economic impact on a substantial number of small entities as defined by
that Act. Therefore, a regulatory flexibility analysis is not required
for this interim final rule.
Environmental Analysis
This interim final rule amends the procedures for implementing NEPA
at 7 CFR part 650 and will not directly impact the environment. An
agency's NEPA procedures are guidance to assist that agency in its
fulfillment of responsibilities under NEPA, but are not that agency's
final determination of what level of NEPA analysis is required for a
particular action. The CEQ set forth the requirements for establishing
agency NEPA procedures in its regulations at 40 CFR 1505.1 and 1507.3.
The CEQ regulations do not require agencies to conduct NEPA analyses or
prepare NEPA documentation when establishing their NEPA procedures. The
determination that establishing agency NEPA procedures does not require
NEPA analysis and documentation has been upheld in Heartwood, Inc. v.
U.S. Forest Service, 230 F.3d 947, 954-55 (7th Cir. 2000).
Paperwork Reduction Act
There are no requirements for information collection associated
with this interim final rule that would require approval under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
Unfunded Mandates Reform Act of 1995
NRCS assessed the effects of this rulemaking action on State,
local, or Tribal governments and the public. This action does not
compel the expenditure of $100 million or more in any one year
(adjusted for inflation) by any State, local, or Tribal governments or
anyone in the private sector; therefore, a statement under Section 202
of the Unfunded Mandates Reform Act of 1995 is not required.
Civil Justice Reform
This interim final rule has been reviewed under Executive Order
12988, Civil Justice Reform. After adoption of this interim final rule:
(1) All State and local laws and regulations that conflict with this
rule, or that would impede full implementation of this rule, will be
preempted; (2) no retroactive effect would be given to this interim
final rule; and (3) before an action may be brought in a Federal court
of competent jurisdiction, the administrative appeal rights afforded
persons at 7 CFR part 614 must be exhausted.
[[Page 33320]]
Federalism
NRCS has considered this interim final rule under the requirements
of Executive Order 13132. NRCS has determined that this interim final
rule would not impose any compliance costs on the States and would not
have substantial direct effects on the States, on the relationship
between the National Government and the States, nor on the distribution
of power and responsibilities among the various levels of government.
Therefore, NRCS has determined that this interim final rule conforms to
the principles set forth in Executive Order 13132.
Energy Effects
NRCS has determined that this interim final rule does not
constitute a significant energy action as defined in Executive Order
13211.
Background
NRCS finds that this amendment should proceed as an interim final
rule. This interim final rule will facilitate the delivery of
assistance under the ARRA for which timely delivery is of the essence.
The actions identified have been subject to prior extensive
environmental review that demonstrates that they do not individually or
cumulatively have a significant effect on the human environment. The
agency will evaluate each agency undertaking to ensure whether the
undertaking meets the criteria of the categorical exclusion, or whether
extraordinary circumstances exist which require additional
environmental review. Given these safeguards, NRCS has determined that
to proceed through a prior notice of proposed rulemaking would be
impracticable, unnecessary, and contrary to the public interest in the
efficient implementation of conservation programs.
I. National Environmental Policy Act
NEPA requires that Federal agencies consider the environmental
effects or impacts of proposed Federal actions. NEPA requirements apply
to any Federally funded or undertaken project, decision, or action,
including grants. NEPA also established the Council on Environmental
Quality (CEQ), which issued regulations at 50 CFR parts 1500-1508
implementing the procedural provisions of NEPA.
The CEQ regulations require Federal agencies to adopt their own
implementing procedures to supplement the Council's regulations, and to
establish and use categorical exclusions to define categories of
actions that do not individually or cumulatively have a significant
effect on the human environment and, therefore, do not require
preparation of an EA or EIS (40 CFR 1507.3(b)(2)(ii) and 40 CFR
1508.4).
II. NRCS' Environmental Review Process
NRCS follows CEQ regulations for complying with NEPA. In addition,
NRCS has supplemental regulations for NEPA compliance at 7 CFR part
650. Consistent with the CEQ regulations at 40 CFR 1508.4, NRCS defines
``categorical exclusion'' to mean ``a category of actions that does not
individually or cumulatively have a significant effect on the human
environment * * *'' and that has been found by NRCS to have no such
effect. These supplemental regulations require that the Responsible
Federal Official (RFO) must determine whether the proposed action fits
within a categorical exclusion listed in the agency's implementing NEPA
regulations (see 7 CFR 650.6(a)), and the proposed action does not
involve any extraordinary circumstances (see 7 CFR 650.6(b)).
Section 650.6 currently identifies five actions that are
categorically excluded from detailed review under NEPA. This interim
final rule amends Sec. 650.6 to identify an additional 21 actions as
categorically excluded from detailed review through an EA or an EIS.
Some of the new categorical exclusions are comparable in nature and
scope to categorical exclusions of other Federal agencies. NRCS
determined the new categorical exclusions routinely do not individually
or cumulatively have a significant effect on the human environment. The
statement supporting the categorical exclusions is available for review
at the following Web site: http://www.nrcs.usda.gov/programs/Env_Assess/index.html or upon request from the NRCS National Environmental
Coordinator.
NRCS has not updated its list of categorical exclusions since 1979.
However, NRCS has over 70 years of experience (since the agency's
establishment in 1935) with the actions being added to the agency's
list of categorical exclusions. Based upon this experience and other
data and analyses described below, NRCS has determined these actions as
appropriate for incorporation in 7 CFR 650.6 as categorical exclusions.
As established in this interim final rule, NRCS will satisfy NEPA
when using these categorical exclusions by determining whether a
proposed agency action falls within the description of the activities
and by reviewing the proposed agency action to determine whether
extraordinary circumstances exist. In the event extraordinary
circumstances exist, NRCS will prepare an EA or an EIS before
proceeding with the proposed action (see 7 CFR 650.6(a) and (b)).
As noted in the statement supporting the categorical exclusions,
NRCS provides support for each action being added to the categorical
exclusion list by citing: (1) Other agencies that currently have
categorical exclusions for actions which are comparable in nature to
the action(s) NRCS is adding as new categorical exclusions; (2) the
findings of the NRCS interdisciplinary teams' reviews, which are
explained below; and (3) previous environmental reviews prepared by
NRCS for these actions. By identifying these additional actions as
categorical exclusions, NRCS is better able to meet the mandates of
NRCS and CEQ NEPA regulations by providing for the efficient and timely
environmental review of restoration and conservation activities. CEQ
does not require agencies to prepare a NEPA analysis or document before
establishing agency protocols or procedures that supplement the CEQ
regulations for implementing NEPA.
III. NRCS Restoration and Conservation Planning
Since 1935, NRCS has assisted private individuals, conservation
districts, Indian Tribes, units of government, and other organizations
to apply conservation plans to conserve the Nation's natural resources,
primarily on private agricultural lands. This is accomplished in
partnership with locally led decision-making processes by providing
conservation assistance through a national network of technically
skilled, professional conservationists. These conservationists deliver
consistent, science-based, site-specific solutions to help private
landowners voluntarily conserve, maintain, and improve the Nation's
natural resource base.
All NRCS actions are planned according to the requirements
described in the NRCS National Planning Procedures Handbook. The
Handbook prescribes that all planning be conducted through the use of a
planning process, which includes the following nine steps:
1. Problem Identification.
2. Determine Objectives.
3. Inventory Resources.
4. Analyze Resource Data.
5. Formulate Alternatives.
6. Evaluate Alternatives.
7. Make Decisions.
8. Implement Plan.
9. Evaluate Plan.
NRCS conducts an Environmental Evaluation (EE), as required by 7
CFR
[[Page 33321]]
650.5, throughout the planning process, and incorporates environmental
considerations throughout planning, installation, and operation of
NRCS-assisted actions. By conducting the EE, NRCS is able to identify
the appropriate level of environmental documentation and analysis
required for a particular action.
Conservation practices are required to meet sustainable levels of
quality criteria established in Section III of the Field Office
Technical Guide (FOTG), for soil, water, air, plant, animal, and human
resources. See http://www.nrcs.usda.gov/technical/efotg/. Additionally,
all conservation practice implementation is governed by established
conservation practice standards contained in Section IV of the FOTG.
The design and implementation of conservation practices must also
meet technical and environmental criteria in NRCS manuals, handbooks,
and publications, which in turn are developed through a peer and public
review process.
NRCS obtains input about conservation practices from the State
Technical Committees established pursuant to 16 U.S.C. 3861. NRCS also
obtains public input about conservation practices by publishing in the
Federal Register notice of any new conservation practice standard to be
incorporated into the FOTG. In addition to State Technical Committee
and Federal Register reviews, public participation is further
accomplished through coordinating the implementation of NRCS activities
with local Soil and Water Conservation Districts (SWCD). SWCD board
members are comprised of local landowners, elected by the public, to
represent community interests, advocate conservation, assist NRCS in
setting local resource priorities, and approving conservation plans.
All technical and financial assistance provided by NRCS is voluntary
and is provided in partnership with the local SWCD at the request of an
individual, unit of government, Indian Tribe, or sponsoring
organization.
IV. Process Used To Identify the Categorical Exclusions
For all the actions added to 7 CFR 650.6 as categorical exclusions
and described below, NRCS convened a group of interdisciplinary experts
to review agency actions and determine whether the actions should be
considered as a new categorical exclusion based upon their experience,
expertise, and environmental review. The interdisciplinary team also
considered comparable categorical exclusions from other agencies
throughout the Federal Government that conduct similar activities under
similar circumstances. In addition to the interdisciplinary team, NRCS
also collected environmental review information from a sample of its
State and field offices that have undertaken these actions over the
past 70 years. The State and field offices providing information were:
California, Colorado, Georgia, Iowa, Kentucky, Louisiana,
Massachusetts, Missouri, Nebraska, New Hampshire, Oklahoma, Oregon,
Rhode Island, and Texas. Overall, the environmental documentation
information reported by these States showed that implementation of
these categorical exclusions has not resulted in individually or
cumulatively significant environmental effects.
These 14 States provided a random sample of conservation
activities, and coincidentally these random samples encompassed agency
actions within 11 of the 12 major river basins in the continental
United States. Concurrent with the public comment period, NRCS is
requesting information to be submitted from State and field offices
within the remaining 12th river basin [Great Lakes River Basin] which
includes: Illinois, Indiana, Michigan, Minnesota, New York, Ohio,
Pennsylvania, and Wisconsin, and will incorporate any additional
information gained from this input and public comment in the
development of the final rule. The information provided in the
statement supporting the categorical exclusions includes Damage Survey
Reports containing an EE, EA, and EIS prepared over a 9-year period
(2000-2009) for the actions to be categorically excluded.
V. Categorical Exclusions for Restoration and Conservation Actions
All the actions identified as a categorical exclusion below require
documentation in accordance with 7 CFR 650.6 that address whether
extraordinary circumstances are determined to exist. Furthermore, the
following categorical exclusions only apply to proposed actions that:
(1) Include provisions to mitigate soil erosion, sedimentation, and
downstream flooding; (2) require disturbed areas to be vegetated with
adapted species; (3) are based on the principles of natural stream
dynamics and processes presented in the Federal Interagency Stream
Corridor Restoration Working Group document (http://www.nrcs.usda.gov/technical/stream_restoration/), ``Stream Corridor Restoration,
Principles, Processes, and Practices;'' (4) incorporate the applicable
NRCS conservation practice standards as found in the FOTG [http://www.nrcs.usda.gov/technical/efotg/]; (5) do not require substantial
dredging, excavation, or placement of fill; and (6) do not involve a
significant risk of exposure to toxic or hazardous substances.
The identification of these actions as categorical exclusions under
NEPA does not relinquish the responsibility of NRCS to comply with the
mandatory consultation requirements under the National Historic
Preservation Act and implementing regulations, the Endangered Species
Act and implementing regulations, and any other legal requirements.
The following actions are being added to 7 CFR 650.6 as categorical
exclusions:
1. Planting appropriate herbaceous and/or woody vegetation on
disturbed sites to restore and/or maintain the site's pre-disturbance
vegetative community or similar adaptive naturalized vegetative
community that provides analogous ecological functions and services;
2. Removing dikes and associated appurtenances (such as culverts,
pipes, valves, gates, and fencing) to allow waters to access
floodplains to the extent that had existed prior to the installation of
such dikes and associated appurtenances;
3. Plugging and filling excavated drainage ditches to allow
hydrologic conditions to return to pre-drainage conditions to the
extent practicable;
4. Replacing and repairing existing culverts, grade stabilization,
and water control structures and other small structures that were
damaged by natural disasters where there is no new depth required and
only minimal dredging, excavation, or placement of fill is required;
5. Restoring the natural topographic features of agricultural
fields that were altered by farming and ranching activities for the
purpose of restoring ecological processes;
6. Removing or relocating residential, commercial, and other public
and private buildings and associated structures constructed in the 100-
year floodplain or within the breach inundation area of an existing dam
or other flood control structure in order to restore natural hydrologic
conditions of inundation or saturation, vegetation, or reduce hazards
posed to public safety;
7. Removing storm debris and sediment following a natural disaster
where there is a continuing and eminent threat to public health or
safety, property, and/or natural and cultural resources and removal is
necessary to restore lands to pre-disaster conditions
[[Page 33322]]
to the extent practicable. Excavation shall not exceed the pre-disaster
condition;
8. Stabilizing stream banks and associated structures to reduce
erosion through bioengineering techniques following a natural disaster
to restore pre-disaster conditions to the extent practicable (e.g.,
utilization of living and nonliving plant materials in combination with
natural and synthetic support materials, such as rocks, rip-rap, and
geo-textiles, for slope stabilization, erosion reduction, and
vegetative establishment) and establishment of appropriate plant
communities (bank shaping and planting, brush mattresses, log, root
wad, and boulder stabilization methods);
9. Repairing or maintenance of existing small structures or
improvements (including structures and improvements utilized to restore
disturbed or altered wetland, riparian, in stream, or native habitat
conditions). Examples of such activities include the repair or
stabilization of existing stream crossings for livestock or human
passage, levees, culverts, berms, dikes, and associated appurtenances;
10. Constructing small structures or improvements for the
restoration of wetland, riparian, in stream, or native habitats.
Examples of activities include: (1) Installation of fences, and (2)
construction of small berms, dikes, and associated water control
structures;
11. Restoring an ecosystem, fish and wildlife habitat, biotic
community, or population of living resources to a determinable pre-
impact condition;
12. Repairing or maintenance of existing constructed fish
passageways, such as fish ladders or spawning areas, impacted by
natural disasters or human alteration;
13. Repairing, maintaining, or installing fish screens to existing
structures;
14. Repairing or maintaining principal spillways and appurtenances
associated with existing serviceable dams, originally constructed to
NRCS standards, in order to meet current safety standards. Work will be
confined to the existing footprint of the dam, and no major change in
reservoir or downstream operations will result;
15. Repairing or improving (deepening/widening/armoring) existing
auxiliary/emergency spillways associated with dams, originally
constructed to NRCS standards, in order to meet current safety
standards. Work will be confined to the dam or abutment areas, and no
major change in reservoir or downstream operation will result;
16. Repairing embankment slope failures on structures originally
built to NRCS standards where the work is confined to the embankment or
abutment areas;
17. Increasing the freeboard (which is the height from the
auxiliary (emergency) spillway crest to the top of embankment) of an
existing dam or dike, originally built to NRCS standards by raising the
top elevation in order to meet current safety and performance
standards. The purpose of the safety standard and associated work is to
ensure that during extreme rainfall events, flows are confined to the
auxiliary/emergency spillway so that the existing structure is not
overtopped which may result in a catastrophic failure. Elevating the
top of the dam will not result in an increase to lake or stream levels.
Work will be confined to the existing dam and abutment areas, and no
major change in reservoir operations will result. Examples of work may
include the addition of fill material such as earth or gravel, or
placement of parapet walls;
18. Modifying existing residential, commercial, and other public
and private buildings to prevent flood damages, such as elevating
structures or sealing basements to comply with current State safety
standards and Federal performance standards;
19. Undertaking minor agricultural practices to maintain and/or
restore ecological conditions in floodplains after a natural disaster
or on lands impacted by human alteration. Examples of these practices
include: mowing, haying, grazing, fencing, off-stream watering
facilities, and invasive species control which are undertaken when fish
and wildlife are not breeding, nesting, rearing young, or during other
sensitive timeframes;
20. Implementing soil erosion control measures on existing
agricultural lands, such as grade stabilization structures (pipe
drops), sediment basins, terraces, grassed waterways, filter strips,
riparian forest buffer, and critical area planting; and
21. Implementing water conservation activities on existing
agricultural lands, such as minor irrigation land leveling, irrigation
water conveyance (pipelines), irrigation water control structures, and
various management practices.
In addition to identifying these actions as categorical exclusions,
NRCS is making editorial adjustments to Sec. 650.6 to clarify the
process that applies to the programs originally identified as
categorical exclusions under Sec. 650.6(a), and the new categorical
exclusions identified in a new paragraph (c). In particular, paragraph
(b) of Sec. 650.6 is revised to indicate that the procedures
identified therein apply specifically to the programs identified in
paragraph (a).
The public is invited to submit comments on both the ``The
Statement Supporting the Proposed Categorical Exclusions'' and the
categorical exclusions listed above. See the ADDRESSES for instructions
on submitting comments. ``The Statement Supporting the Proposed
Categorical Exclusions'' is available at http://www.nrcs.usda.gov/programs/Env_Assess/index.html under ``NRCS' Proposed Expanded List of
Categorical Exclusions.'' In addition, hard copies may be obtained by
contacting the NRCS National Environmental Coordinator, as provided
above.
List of Subjects in 7 CFR Part 650
Environmental impact statements, Flood plains.
0
For the reasons stated in the preamble, NRCS amends part 650 of Title 7
of the Code of Federal Regulations as set forth below:
PART 650--COMPLIANCE WITH NEPA
0
1. The authority citation for part 650 is amended to read as follows:
Authority: 42 U.S.C. 4321 et seq.; Executive Order 11514 (Rev.);
7 CFR 2.62, unless otherwise noted.
0
2. Section 650.6 is amended by revising paragraph (b) and adding a new
paragraph (c) to read as follows:
Sec. 650.6 Categorical Exclusions
* * * * *
(b) When any new action is planned under the programs identified in
paragraph (a) of this section, the EE performed by the RFO 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.
(c) The NRCS restoration and conservation actions and activities
identified in this paragraph (c) are eligible for categorical exclusion
and require the RFO to document a determination that a categorical
exclusion applies. Agency personnel will use the EE review process to
evaluate proposed activities for significant impacts and extraordinary
circumstances using the significance criteria provided in 40 CFR
1508.27. In the absence of any extraordinary circumstances as
determined through NRCS' EE review process, the activities will be able
to proceed without preparation of an EA or EIS. Where
[[Page 33323]]
either significant impacts or extraordinary circumstances are
determined to exist, the categorical exclusion will not apply and the
appropriate documentation for compliance with NEPA will be prepared.
The following actions are eligible for categorical exclusion:
(1) Planting appropriate herbaceous and/or woody vegetation on
disturbed sites to restore and/or maintain the site's pre-disturbance
vegetative community or similar adaptive naturalized vegetative
community that provides analogous ecological functions and services;
(2) Removing dikes and associated appurtenances (such as culverts,
pipes, valves, gates, and fencing) to allow waters to access
floodplains to the extent that had existed prior to the installation of
such dikes and associated appurtenances;
(3) Plugging and filling excavated drainage ditches to allow
hydrologic conditions to return to pre-drainage conditions to the
extent practicable;
(4) Replacing and repairing existing culverts, grade stabilization,
and water control structures and other small structures that were
damaged by natural disasters where there is no new depth required and
only minimal dredging, excavation, or placement of fill is required;
(5) Restoring the natural topographic features of agricultural
fields that were altered by farming and ranching activities for the
purpose of restoring ecological processes;
(6) Removing or relocating residential, commercial, and other
public and private buildings and associated structures constructed in
the 100-year floodplain or within the breach inundation area of an
existing dam or other flood control structure in order to restore
natural hydrologic conditions of inundation or saturation, vegetation,
or reduce hazards posed to public safety;
(7) Removing storm debris and sediment following a natural disaster
where there is a continuing and eminent threat to public health or
safety, property, and/or natural and cultural resources and removal is
necessary to restore lands to pre-disaster conditions to the extent
practicable. Excavation shall not exceed the pre-disaster condition;
(8) Stabilizing stream banks and associated structures to reduce
erosion through bioengineering techniques following a natural disaster
to restore pre-disaster conditions to the extent practicable, e.g.,
utilization of living and nonliving plant materials in combination with
natural and synthetic support materials, such as rocks, rip-rap, geo-
textiles, for slope stabilization, erosion reduction, and vegetative
establishment) and establishment of appropriate plant communities (bank
shaping and planting, brush mattresses, log, root wad, and boulder
stabilization methods);
(9) Repairing or maintenance of existing small structures or
improvements (including structures and improvements utilized to restore
disturbed or altered wetland, riparian, in stream, or native habitat
conditions). Examples of such activities include the repair or
stabilization of existing stream crossings for livestock or human
passage, levees, culverts, berms, dikes, and associated appurtenances;
(10) Constructing small structures or improvements for the
restoration of wetland, riparian, in stream, or native habitats.
Examples of activities include:
(i) Installation of fences, and
(ii) Construction of small berms, dikes, and associated water
control structures;
(11) Restoring an ecosystem, fish and wildlife habitat, biotic
community, or population of living resources to a determinable pre-
impact condition;
(12) Repairing or maintenance of existing constructed fish
passageways, such as fish ladders or spawning areas impacted by natural
disasters or human alteration;
(13) Repairing, maintaining, or installing fish screens to existing
structures;
(14) Repairing or maintaining principal spillways and appurtenances
associated with existing serviceable dams, originally constructed to
NRCS standards, in order to meet current safety standards. Work will be
confined to the existing footprint of the dam, and no major change in
reservoir or downstream operations will result;
(15) Repairing or improving (deepening/widening/armoring) existing
auxiliary/emergency spillways associated with dams, originally
constructed to NRCS standards, in order to meet current safety
standards. Work will be confined to the dam or abutment areas, and no
major change in reservoir or downstream operation will result;
(16) Repairing embankment slope failures on structures originally
built to NRCS standards where the work is confined to the embankment or
abutment areas;
(17) Increasing the freeboard (which is the height from the
auxiliary (emergency) spillway crest to the top of embankment) of an
existing dam or dike, originally built to NRCS standards by raising the
top elevation in order to meet current safety and performance
standards. The purpose of the safety standard and associated work is to
ensure that during extreme rainfall events, flows are confined to the
auxiliary/emergency spillway so that the existing structure is not
overtopped which may result in a catastrophic failure. Elevating the
top of the dam will not result in an increase to lake or stream levels.
Work will be confined to the existing dam and abutment areas, and no
major change in reservoir operations will result. Examples of work may
include the addition of fill material, such as earth or gravel, or
placement of parapet walls;
(18) Modifying existing residential, commercial, and other public
and private buildings to prevent flood damages, such as elevating
structures or sealing basements to comply with current State safety
standards and Federal performance standards;
(19) Undertaking minor agricultural practices to maintain and/or
restore ecological conditions in floodplains after a natural disaster
or on lands impacted by human alteration. Examples of these practices
include: Mowing, haying, grazing, fencing, off-stream watering
facilities, and invasive species control, which are undertaken when
fish and wildlife are not breeding, nesting, rearing young, or during
other sensitive timeframes;
(20) Implementing soil control measures on existing agricultural
lands, such as grade stabilization structures (pipe drops), sediment
basins, terraces, grassed waterways, filter strips, riparian forest
buffer, and critical area planting; and
(21) Implementing water conservation activities on existing
agricultural lands, such as minor irrigation land leveling, irrigation
water conveyance (pipelines), irrigation water control structures, and
various management practices.
* * * * *
Signed this 7th day of July, 2009, in Washington, DC.
Dave White,
Chief, Natural Resources Conservation Service.
[FR Doc. E9-16400 Filed 7-10-09; 8:45 am]
BILLING CODE 3410-16-P