[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR9.10]

[Page 93-94]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 9_FLOODPLAIN MANAGEMENT AND PROTECTION OF WETLANDS--Table of Contents
 
Sec. 9.10  Identify impacts of proposed actions.

    (a) Purpose. The purpose of this section is to ensure that the 
effects of proposed Agency actions are identified.
    (b) The Agency shall identify the potential direct and indirect 
adverse impacts associated with the occupancy and modification of 
floodplains and wetlands and the potential direct and indirect support 
of floodplain and wetland development that could result from the 
proposed action. Such identification of impacts shall be to the extent 
necessary to comply with the requirements of the Orders to avoid 
floodplain and wetland locations unless they are the only practicable 
alternatives and to minimize harm to and within floodplains and 
wetlands.
    (c) This identification shall consider whether the proposed action 
will result in an increase in the useful life of any structure or 
facility in question, maintain the investment at risk and exposure of 
lives to the flood hazard or forego an opportunity to restore the 
natural and beneficial values served by floodplains or wetlands. 
Regional Offices of the U.S. Fish and Wildlife Service may be contacted 
to aid in the identification and evaluation of potential impacts of the 
proposed action on natural and beneficial floodplain and wetland values.
    (d) In the review of a proposed or alternative action, the Regional 
Director shall specifically consider and evaluate: impacts associated 
with modification of wetlands and floodplains regardless of its 
location; additional impacts which may occur when certain types of 
actions may support subsequent action which have additional impacts of 
their own; adverse impacts of the proposed actions on lives and property 
and on natural and beneficial floodplain and wetland values; and the 
three categories of factors listed below:
    (1) Flood hazard-related factors. These include for example, the 
factors listed in Sec. 9.7(b)(2);
    (2) Natural values-related factors. These include, for example, the 
following: Water resource values (natural moderation of floods, water 
quality maintenance, and ground water recharge); living resource values 
(fish and wildlife and biological productivity); cultural resource 
values (archeological and historic sites, and open space recreation and 
green belts); and agricultural, aquacultural and forestry resource 
values.
    (3) Factors relevant to a proposed action's effects on the survival 
and quality of wetlands. These include, for example, the following: 
Public health, safety, and welfare, including water supply, quality, 
recharge and discharge; pollution; flood and storm hazards; and sediment 
and erosion; maintenance of natural systems, including conservation and 
long term productivity of existing flora and fauna, species and habitat 
diversity and stability, hydrologic utility, fish, wildlife, timber, and 
food and fiber resources; and other uses of wetlands in the public 
interest, including

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recreational, scientific, and cultural uses.