EP 1165-2-1
30 Jul 99
project's dam and appurtenant structures.
(3) When applicable, FERC will be advised that the
requirement for Department of the Army permit pursuant to Section 103
of the Marine Protection, Research and Sanctuaries Act of 1972 for the
transport of dredged material from the project site for the purpose of
dumping it into the ocean waters will be met only through the
Department of the Army permit program.
(4) In connection with FERC licensed projects, there may be
proposed nonpower water oriented activities, such as recreational
development, which are associated with the overall project but may not
be a part of the hydroelectric power facilities at the project. If
such cases involve navigable waters, they should be reviewed from the
standpoint of need for a Section 10 permit. Such Section 10 permit
actions would involve consideration of the overall public interest
including water quality, fish and wildlife, recreation, general
environmental concerns and the needs and welfare of the people. Corps
responsibilities for permit requirements under Section 10 of the River
and Harbor Act of 1899 for nonpower activities affecting navigable
waters at licensed FERC projects will be met only through the Army
permit procedures. The Corps report by the division commanders to
FERC will specify the need for such permit as deemed necessary.
24-13.
Prime and Unique Farmland.
a. Farmland Protection Policy Act. This Act (Subtitle I of
Title XV of the Agriculture and Food Act of 1981) is implemented under
Department of Agriculture final rule effective 6 August 1984 (7 CFR
658). The final rule requires that Corps FOAs contact the NRCS for
identification of prime or unique farmland which might be impacted by
proposed Corps actions. Prior to taking any action that would result
in conversion of designated prime or unique farmland to
nonagricultural uses, the Corps must examine the potential impacts of
the proposed action and, if there are adverse effects on farmland
preservation, consider alternatives to lessen the adverse effects. It
is within the Corps discretion to proceed with a project that would
result in conversion of farmland to nonagricultural uses once the
required examination has been completed. The final rule also requires
the Corps to ensure that its programs, to the extent practicable, are
compatible with state, local and private programs for the protection
of farmlands and encourages the Corps and other Federal agencies to
make the analysis of farm conversion impacts an integral part of their
review under NEPA.
b. CEQ 11 August 1980 Memorandum. The Corps has considered
the effects of its proposed actions on agricultural lands, through the
environmental assessment process, since issuance of a 30 August 1976
CEQ memorandum. The 11 August 1980 memorandum superceded the earlier
one and reinforced the prior requirement that Federal agencies analyze
the effects of their proposed actions on prime and unique farmland as
an integral part of their environmental assessment process under NEPA.
It is the Corps position that compliance with the evaluation
requirements of the Farmland Protection Policy Act (final rule) also
will satisfy the assessment requirements set forth in the CEQ
memorandum. Preliminary reviews and assessments will be summarized in
the draft NEPA document, and the results of the completed evaluations
in the final document.
24-14. Highly Erodible Lands and Wetlands Conservation. The Food
Security Act of 1985 (Public Law 99-198) contains provisions designed
to discourage the conversion of wetlands into non-wetland areas
24-6
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