[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR624.6]

[Page 382-383]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 624--EMERGENCY WATERSHED PROTECTION--Table of Contents
 
Sec. 624.6  Eligible measures.

    (a) Eligibility. To be eligible for assistance a measure must--
    (1) Retard runoff, prevent flooding, or prevent soil erosion;
    (2) Reduce threats to life or property resulting from a watershed 
emergency;
    (3) Be economically and environmentally defensible and sound from an 
engineering standpoint;
    (4) Be limited to the minimum that will reduce applicable threats to 
a level not to exceed that which existed before the impairment of the 
watershed;
    (5) Yield beneficial effects to more than one individual except in 
an exigency; and
    (6) Conform to rules and regulations published by NRCS for complying 
with Executive Order 11990, Protection of Wetlands, and Executive Order 
11988, Floodplain Management.
    (b) Documentation. (1) When an exigency does not exist, the economic 
rationale of proposed measures must be submitted in appropriate detail 
with the request for funds. Generally, the expected value of imminent 
damages (amount of damages multiplied by the near-term probability of 
their occurrence) must exceed the cost of emergency measures. 
Information provided in the request for emergency funds to support 
economic defensibility of the measures must include but is not limited 
to--
    (i) Number and extent of values at risk because of the watershed 
impairment;
    (ii) Estimated damages to the values at risk if the threat is 
realized;
    (iii) Events that must occur for the threat to be realized and the 
estimated probability of their occurrence both individually and 
collectively; and
    (iv) Estimates of the nature, extent, and cost of emergency measures 
to be constructed to relieve the threat.
    (2) In nonexigency situations, the state conservationist shall also 
submit adequate information to substantiate the environmental 
defensibility the emergency measures proposed for installation. This 
must include but is not limited to--
    (i) Thorough descriptions of beneficial and adverse effects on 
environmental resources including fish and wildlife habitat;
    (ii) Descriptions of water quality and water conservation impacts as 
appropriate; and
    (iii) Analysis of effects on downstream water rights.

The Chief shall issue instructions as are necessary to determine the 
economic and environmental defensibility of measures proposed for 
installation consistent with this rule.
    (c) Implementation. (1) When planning emergency measures, emphasis 
should

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be placed on measures that are the least expensive and most 
environmentally sound. The measures are to be accomplished by using the 
least damaging construction techniques and equipment that will retain as 
much of the existing characteristics of the channel and riparian habitat 
as possible. Emergency measure construction practices may include but 
are not limited to such things as seasonal construction, minimum 
clearing, reshaping soil, limiting excavation to one bank (on 
alternating sides where appropriate), and prompt revegetation of 
disturbed areas.
    (2) Measures needed to offset adverse impacts should be planned for 
installation concurrent with installation of the emergency measures. If 
they cannot be installed then, plans should be included to ensure their 
installation within 30 days. Cost sharing for these measures is at the 
same rate as for the original emergency construction.
    (3) An EWP team consisting of NRCS personnel from the National 
Office and the technical service center shall determine the eligibility 
of all permanent, enduring, or long-life measures or practices proposed 
for construction. The team shall determine the need for funds before any 
commitments are made.
    (4) Where lands under jurisdiction of FS are involved, the team will 
be assisted by FS representatives of the National Office and area or 
regional offices. The team shall also be available, at the request of 
the state conservationists, regional foresters, and area directors, to 
help determine the eligibility of other EWP measures or practices and to 
assist with administrative details.

[46 FR 56577, Nov. 17, 1981, as amended at 48 FR 4448, Feb. 1, 1983]