[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR624.8]

[Page 442-443]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 624_EMERGENCY WATERSHED PROTECTION--Table of Contents
 
Sec. 624.8  Assistance.

    (a) Sponsors must submit a formal request to the State 
Conservationist for assistance within 60 days of the natural disaster 
occurrence, or 60 days from the date when access to the sites becomes 
available. Requests must include a statement that the sponsors 
understand their responsibilities and are willing to pay its cost-shared 
percentage as well as information pertaining to the natural disaster, 
including the nature, location, and scope of the problems and the 
assistance needed.
    (b) On receipt of a formal request for EWP assistance, the State 
Conservationist or designee shall immediately investigate the emergency 
situation to determine whether EWP is applicable and to prepare an 
initial cost estimation for submission to the NRCS Chief or designee. 
The cost estimation will be submitted no later than 60 days from receipt 
of the formal request from the sponsor. The State Conservationist will 
take into account the funding priorities identified in paragraph (c) (3) 
of this section. The State Conservationist will forward the damage 
survey report, which provides the information pertaining to proposed EWP 
practice(s) and indicates the amount of funds necessary to undertake the 
Federal portion, to the NRCS Chief or designee. This information will be 
submitted no later that 60 days from receipt of the formal request from 
the sponsor, or no later than 60 days from the date funding is made 
available to the State Conservationist, whichever is later. NRCS may not 
commit funds until notified by the Chief, or designee, of the 
availability of funds.
    (c) Before the release of financial assistance, NRCS will enter into 
a Cooperative Agreement with a sponsor that specifies the 
responsibilities of the sponsor under this part, including any required 
operation and maintenance responsibilities. NRCS will not provide 
funding for activities undertaken by a sponsor prior to the signing of 
the agreement between NRCS and the sponsor.
    (1) NRCS will only provide funding for work that is necessary to 
reduce applicable threats.
    (2) Efforts must be made to avoid or minimize adverse environmental 
impacts associated with the implementation of emergency measures, to the 
extent practicable, giving special attention to protecting cultural 
resources and fish and wildlife habitat.
    (3) Funding priorities for recovery measures. NRCS will provide EWP 
assistance based on the following criteria, which are ranked in the 
order of importance:
    (i) Exigency situations;
    (ii) Sites where there is a serious, but not immediate threat to 
human life;
    (iii) Sites where buildings, utilities, or other important 
infrastructure components are threatened;
    (iv) When reviewing paragraphs (c)(3)(i) through (iii) of this 
section, NRCS will take into account the following resources as they may 
affect the priority, including, but not limited to:
    (A) Sites inhabited by federally listed threatened and endangered 
species or containing federally designated critical habitat where the 
species or the critical habitat could be jeopardized, destroyed, or 
adversely modified without the EWP practice;
    (B) Sites that contain or are in the proximity to cultural sites 
listed on the National Register of Historic Places where the listed 
resource would be jeopardized if the EWP practice were not installed;
    (C) Sites where prime farmland supporting high value crops is 
threatened;

[[Page 443]]

    (D) Sites containing wetlands that would be damaged or destroyed 
without the EWP practice;
    (E) Sites that have a major effect on water quality; and
    (F) Sites containing unique habitat, including but not limited to, 
areas inhabited by State-listed threatened and endangered species, fish 
and wildlife management areas, or State-identified sensitive habitats; 
and
    (v) Other funding priorities established by the Chief of NRCS.