[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: 28CFR63.7]

[Page 159]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 63--FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION PROCEDURES--Table of Contents
 
Sec. 63.7  Determination of location.

    (a) In order to determine whether an action is located on or affects 
a floodplain, the component shall:
    (1) Consult the FIA Flood Insurance Rate Map (FIRM) and the Flood 
Insurance Study (FIS); or
    (2) If a detailed map (FIRM) is not available, consult an FIA Flood 
Hazard Boundary Map (FHBM); or
    (3) If data on flood elevations, floodways, or coastal high hazard 
areas are needed, or if none of the maps delineates the flood hazard 
boundaries in the vicinity of the proposed site, seek detailed 
information and assistance as necessary and appropriate from the 
Department of Agriculture's Soil Conservation Service, the Army Corps of 
Engineers, the National Oceanic and Atmospheric Administration, the 
Federal Emergency Management Agency's Regional Offices/Division of 
Insurance and Hazard Mitigation, the Department of the Interior's 
Geological Survey, Bureau of Land Management, and Bureau of Reclamation, 
the Tennessee Valley Authority, the Delaware River Basin Commission, the 
Susquehanna River Basin Commission, individual states and/or land 
administering agencies; or
    (4) If the sources listed above do not have or know of the 
information necessary to comply with the Orders' requirements, seek, as 
permitted by law, the services of a federal or other engineer 
experienced in this work to
    (i) Locate the site and the limits of the coastal high hazard area, 
floodway and of the applicable floodplain, and
    (ii) Determine base flood elevations.
    (b) In the absense of a finding to the contrary, the component shall 
assume that action involving a facility or structure that has been 
flooded in a major disaster or emergency is in the applicable floodplain 
for the site of the proposed action.
    (c) In order to determine whether an action is located on or affects 
a wetland, the component shall:
    (1) Consult with the United States Fish and Wildlife Service (FWS) 
for information concerning the location, scale and type of wetlands 
within the area which could be affected by the proposed action; or
    (2) If the FWS does not have adequate information upon which to base 
the determination, consult wetland inventories maintained by the Army 
Corps of Engineers, the Environmental Protection Agency, various states, 
communities and others; or
    (3) If state or other sources do not have adequate information upon 
which to base the determination, insure that an on-site analysis is 
performed by a representative of the FWS or other qualified individual 
for wetlands characteristics based on the performance definition of what 
constitutes a wetland.