[Code of Federal Regulations]
[Title 14, Volume 5]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1216.205]

[Page 155-157]
 
                     TITLE 14--AERONAUTICS AND SPACE
 
                   CHAPTER V--NATIONAL AERONAUTICS AND
                          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 156]]

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 157]]

    (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]