[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR63.5]

[Page 156-157]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 63--FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION PROCEDURES--Table of Contents
 
Sec. 63.5  Responsibilities.

    (a) The Assistant Attorney General, Land and Natural Resources 
Division,
    (1) Has overall responsibility for ensuring that the Department's 
responsibilities for complying with the Orders are carried out,
    (2) Will ensure that the Water Resources Council, the Council on 
Environmental Quality, and the Federal Insurance Agency (FIA) are kept 
informed of the Department's execution of the Orders, as necessary, and
    (3) Will determine, and revise on a continuing basis, which 
components of the Department should take further steps, such as the 
promulgation of program specific procedures, to comply with the Orders. 
Considerations for making this selection are whether a component:
    (i) Acquires, manages, and disposes of federal lands and facilities;
    (ii) Provides federally undertaken, financed or assisted 
construction and improvements;
    (iii) Conducts federal activities and programs affecting land use, 
including but not limited to water and related land resources planning, 
regulating, and licensing activities;
    (iv) Reviews and approves component procedures for complying with 
the Orders;
    (b) The heads of offices, boards, bureaus and divisions,
    (1) Are responsible for preparing program specific guidelines or 
procedures, where necessary, to comply with the

[[Page 157]]

Orders and for updating these procedures, as required,
    (2) Will maintain general supervision over any new construction 
planning within the office, board, bureau, or division to see that the 
policy considerations and procedural requirements contained herein are 
followed in the planning process,
    (3) Will furnish, with all requests for new authorizations or 
appropriations for proposals to be located in floodplains or wetlands, a 
statement that the proposal is in accord with the Orders,
    (4) Will provide information to applicants for licenses, permits, 
loans or grants in areas in which floodplain and wetland requirements 
may have to be met,
    (5) Will provide conspicuous notice of past flood damage and 
potential flood hazard on structures under the component's control and 
used by the general public, and
    (6) If responsible for granting a lease, an easement, or right-of-
way, or for disposing of federal property in a floodplain or wetland to 
nonfederal public or private parties, will, unless otherwise directed by 
law.
    (i) Reference uses in the conveyance that are restricted under 
identified Federal, State or local floodplain regulations; and
    (ii) Attach other appropriate restrictions; or
    (iii) Refuse to convey.