[Code of Federal Regulations]

[Title 14, Volume 5]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 14CFR1216.205]



[Page 153-155]

 

                     TITLE 14--AERONAUTICS AND SPACE

 

                          SPACE ADMINISTRATION

 

PART 1216_ENVIRONMENTAL QUALITY--Table of Contents

 

            Subpart 1216.2_Floodplain and Wetlands Management

 

Sec. 1216.205  Procedures for evaluating NASA actions impacting 

floodplains and wetlands.



    (a) Before taking any action a determination shall first be made 

whether the proposed action will occur in or may adversely affect a 

floodplain or wetlands, using the method prescribed in Sec. 

1216.204(b).

    (b) These procedures apply only to evaluations of those proposed 

actions which are to be located in or may adversely impact floodplains. 

These evaluations shall be made at the earliest practicable stage of 

advance planning, such as during facilities master plan development or 

when preparing preliminary engineering reports. These evaluations shall 

include analyses of harm to lives and property, the natural and 

beneficial values of floodplains and wetlands, and the cumulative 

impacts of multiple actions over the long term.

    (1) Early public notice is the next step in the evaluation process 

and will normally be accomplished using only the appropriate Single 

State Point of Contact and coordinating with that party pursuant to 

Executive Order (E.O.) 12372, as amended, ``Intergovernmental Review of 

Federal Programs,'' as appropriate. If, however, actions involving land 

acquisition or a major change in land or water use is proposed, the 

overall public audience will be as broad as reasonably possible 

including, but not limited to, adjacent property owners and residents, 

near-by floodplain residents and local elected officials. To assure 

their continuous interaction and involvement, the Field



[[Page 154]]



Installation will issue public notices and newsletters, and hold public 

hearing and/or work shops on a formalized scheduled basis to provide the 

opportunity for public input and understanding of the proposed action. 

Regardless of the scope of action proposed, initially a notice will be 

provided to the appropriate State Single Point of Contact pursuant to 

E.O. 12372 that will not exceed three pages and will include:

    (i) A location map of the proposed action.

    (ii) The reasons why the action is proposed to be located in a 

floodplain.

    (iii) A statement indicating whether the action conforms to 

applicable state and local floodplain protection standards.

    (iv) A list of any NASA identified alternatives to be considered.

    (v) A statement explaining the timing of public notice review 

actions to provide opportunities for the public to provide meaningful 

input.

    (2) Working with the appropriate State Single Point of Contact 

pursuant to E.O. 12372 and, if applicable, other public groups and 

officials, to identify practicable alternatives in addition to those 

already identified by NASA. The alternatives will include:

    (i) Carrying out the proposed action at a location outside the base 

floodplain (alternative sites).

    (ii) Other means which accomplish the same purpose as the proposed 

action (alternative actions).

    (iii) Taking no action, if the resulting hazards and/or harm to or 

within the floodplain overbalances the benefits to be provided by the 

proposed action.

    (3) The costs and impacts of all practicable alternatives must now 

be fully determined to properly assess the practicability of avoiding 

the base floodplain, or of minimizing harm to the floodplain if 

alternatives directly or indirectly support floodplain development or 

have other adverse impacts.

    (i) The basic criteria to be used in determining the impacts of the 

various alternatives appear in the Floodplain Management Guidelines for 

Implementing Executive Order 11988 (43 FR 6030). These criteria discuss 

in detail the three basic types of impacts which are to be addressed:

    (A) Positive and negative impacts (beneficial and harmful);

    (B) Concentrated and dispersed impacts (impacts on-site, near-site, 

and remote from the installation); and

    (C) Short and long-term impacts (include temporary changes and those 

that take the form of delayed changes resulting from the cumulative 

effects of many individual actions).

    (ii) Also to be determined is the nature of resulting hazards and 

risk to lives and property; and the restoration and preservation of 

natural and beneficial floodplain and wetlands values.

    (iii) In determining the type, magnitude, costs, timing factors, 

etc., of the impacts, it is emphasized that subjective assessments have 

little value. To qualify for inclusion in the evaluation process, an 

impact must be fully described and quantified in a measurable way 

compatible with good scientific or engineering practice. Briefly stated, 

an impact is effected by or based on, and limited to, a quantified 

alteration of existing coastal or riverine systems including:

    (A) Anticipated flood levels, sheet flow, coursing and velocity of 

flood caused surface water;

    (B) Ground water flows and recharge;

    (C) Tidal flows;

    (D) Topography; and,

    (E) Ecology, including water quality, vegetation and the terrestrial 

and aquatic habitats.

    (4) For the proposed action and those alternatives which will impact 

the floodplain or wetlands, additional analysis must be undertaken to 

minimize, restore and preserve the natural and beneficial floodplain or 

wetlands values. Because NASA does not retain expertise in these areas 

of floodplain management, field installations will consult, on a case-

by-case basis, with the appropriate local office of the U.S. Fish and 

Wildlife Service to assure that, for each of the above alternatives, 

methods are prescribed which will:

    (i) Minimize harm to lives and property from flood hazards;

    (ii) Minimize harm to natural and beneficial values of floodplains 

and wetlands; and



[[Page 155]]



    (iii) Restore floodplains or wetlands values, if applicable, to the 

proposed action.

    (5) The proposed action and alternatives shall now be comparatively 

evaluated taking into account the identified impacts, the steps 

necessary to minimize these impacts and opportunities to restore and 

preserve floodplain and wetlands values. The comparison will emphasize 

floodplain values.

    (i) If this evaluation indicates that the proposed action in the 

base floodplain is still practicable, consider limiting the action so 

that a non-floodplain site could be more practicable.

    (ii) If the proposed action is outside the floodplain but has 

adverse impacts or supports floodplain development, consider modifying 

or relocating the action to eliminate or reduce these effects or even 

taking no action.

    (6) If, upon completing the comparative evaluation, the Field 

Installation Director determines that the only practicable alternative 

is locating in the base floodplain, a statement of fundings and public 

explanation must be provided to all those who have received the early 

public notice, and specifically to the appropriate State Single Point of 

Contact pursuant to E.O. 12372, and will include as a minimum:

    (i) The reasons why the proposed action must be located in the 

floodplain.

    (ii) A statement of all significant facts considered in making the 

determination including alternative sites and actions.

    (iii) A statement indicating whether the actions conform to 

applicable State and local floodplain protection standards.

    (iv) In cases where land acquisition or major changes in land use 

are involved, it may also be appropriate to include:

    (A) A provision for publication in the Federal Register or other 

appropriate vehicle.

    (B) A description of how the activity will be designed or modified 

to minimize harm to or within the floodplain.

    (C) A statement indicating how the action affects natural or 

beneficial floodplain or wetlands values.

    (D) A statement listing other involved agencies and individuals.

    (7) After a reasonable period (15 to 30 days) to allow for public 

response, the proposed action may proceed through the normal NASA 

approval process, or if disposal is anticipated, the action can be 

implemented in accordance with Federal Property Management Regulations 

real property disposal procedures. If, however, significant new 

information is revealed in comments by the public, the field 

installation shall re-evaluate the proposed action in accordance with 

the provisions of paragraph (b)(5) of this section.

    (8) For major NASA actions significantly affecting the quality of 

the human environment, the evaluations required above will be included 

in any statement prepared under Section 102(2)(C) of the National 

Environmental Policy Act.

    (9) In accordance with Sec. 1216.202(b), the Assistant Associate 

Administrator for Facilities Engineering, NASA Headquarters, will 

conduct periodic on-site reviews to assure that the action is carried 

out in accordance with the stated findings and plans for the proposed 

action, in compliance with the Executive orders.



[44 FR 1089, Jan. 4, 1979, as amended at 56 FR 50506, Oct. 7, 1991]