[Federal Register Volume 64, Number 241 (Thursday, December 16, 1999)]
[Notices]
[Pages 70212-70213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-32526]


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DEPARTMENT OF AGRICULTURE

Natural Resources Conservation Service


Emergency Watershed Protection Program

AGENCY: Natural Resources Conservation Service, USDA.

ACTION: Notice of Availability of the Draft Programmatic Environmental 
Impact Statement.

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SUMMARY: The Natural Resources Conservation Service (NRCS) announces 
the availability of the Draft Programmatic Environmental Impact 
Statement (PEIS), in compliance with the National Environmental Policy 
Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.) for the Emergency Watershed 
Protection (EWP) Program. The draft PEIS assesses the potential 
environmental impacts of alternatives for administration of the EWP 
Program, which provides funding and assistance to localities requesting 
EWP assistance to address watershed impairments, caused by a natural 
disaster, which pose an immediate threat to life and property.
    The original PEIS for the EWP Program was prepared in 1975. NRCS 
has conducted a comprehensive review of the program that has resulted 
in changes to improve the environmental, economic, and technical 
soundness of activities conducted under the program. This draft PEIS 
supports management decisions on how best to revise the EWP Program to 
continue to effectively and efficiently meet EWP statutory 
requirements. It analyzes a range of reasonable alternatives to ensure 
compliance with all applicable laws and regulations while minimizing, 
to the greatest extent practicable, any potential adverse environmental 
or socioeconomic impacts.

Comments Invited

    To ensure that the full range of issues and alternatives related to 
the EWP Program have been addressed, NRCS invites comments on this 
draft PEIS. Written comments should be postmarked by close of business 
on February 14, 2000, to ensure consideration. Comments postmarked 
after this date will be considered to the extent practicable.

WHERE TO COMMENT: Written comments on the draft PEIS and requests for 
copies of the draft PEIS should be directed to: EWP-PEIS, Post Office 
Box 745, Falls Church, Virginia 22040-0745; telephone (toll free): 1-
877-534-8692; or e-mail at [email protected].

FOR FURTHER INFORMATION CONTACT: For matters relating to the EWP 
Program, please contact the Director, Watersheds and Wetlands Division, 
USDA-NRCS, Post Office Box 2890, Washington, DC 20013-2890; telephone: 
(202) 720-3527.
    For matters relating to USDA/NRCS compliance with NEPA, please 
contact: Andree DuVarney, National Environmental Specialist, Ecological 
Sciences Division, USDA-NRCS, Post Office Box 2890, Washington, DC 
20013-2890; telephone: (202) 720-4925.
    Information may also be obtained from the NRCS Worldwide website 
at: http://www.ftw.nrcs.usda.gov/BCS/enviro/nepa.htm (general NEPA 
compliance information); http://www.ftw.nrcs.usda.gov/programs.html 
(EWP Program).

SUPPLEMENTARY INFORMATION: The EWP Program funds and provides technical 
assistance to sponsoring organizations (entities of government) to 
implement emergency measures for runoff retardation and soil erosion 
prevention to assist in relieving imminent hazards to life and property 
from floods, drought, and the products of erosion created by natural 
disasters that have caused or are causing sudden impairment of a 
watershed. The program is authorized by Section 216 of the Flood 
Control Act of May 17, 1950 (Pub. L. 81-516; 33 U.S.C. 701b-1) and by 
Section 403 of Title IV of the Agricultural Credit Act of 1978, (Pub. 
L. 95-334), as amended by Section 382 of the Federal Agricultural 
Improvement and Reform Act of 1996 (Pub. L. 104-127) 16 U.S.C. 2204. 
NRCS regulations implementing the EWP Program are set forth in 7 CFR 
part 624.
    NEPA only requires a PEIS be prepared for major Federal actions 
significantly affecting the environment. It is NRCS' preliminary 
opinion that the programmatic decisions being made about the EWP 
Program do not constitute such action, particularly when considered on 
a nation-wide basis. Nonetheless, NRCS considers NEPA and the PEIS 
process to be a useful tool to assist decision makers under certain 
circumstances. Therefore, the agency has made the decision to prepare a 
PEIS in this case to take full advantage of NEPA's public participation 
provisions, as a means of considering the concerns of individual 
members of the public and the State and local government sponsors who 
play a critical role in the EWP Program and to fully consider the 
impacts of alternative EWP Program policies and activities.
    The final PEIS on the EWP Program will supersede the PEIS prepared 
on the program in 1975. The purpose of the draft PEIS is to assess the 
impacts of a range of EWP programmatic alternatives. It will also 
factor in changes that are being proposed to the administrative rule, 
such as the use of floodplain easements to address recurring hazards. 
NRCS expects that States may desire to tier to the national 
programmatic NEPA analysis to facilitate rapid response to EWP Program 
emergency requirements in the future, while maintaining adequate 
environmental review coverage for the necessary decision making.

Proposed Action Alternative

    The proposed action is for NRCS to continue administering the EWP 
Program but with some revision for efficiency and effectiveness in 
program delivery, and to continue providing funding and technical 
assistance to aid appropriately sponsored entities in restoring 
watershed components to pre-disaster conditions.
    Some of the changes NRCS is proposing action include:
    1. Eliminate the terms ``exigency'' and ``non-exigency'';
    2. Stipulate that ``Urgent and Compelling'' situations be addressed 
immediately upon discovery;
    3. Set priorities for funding EWP sites;
    4. Establish a cost-share rate of up to 75 percent for all EWP 
projects (except for projects in limited resource areas, where sponsors 
may receive up to 90 percent);
    5. Stipulate that measures be economically, environmentally, and 
socially defensible;
    6. Improve pre-disaster recovery readiness through interagency 
coordination, training, and planning;
    7. Allow repair of impairments to agricultural lands using sound 
engineering alternatives;
    8. Limit repair of sites to twice in a 10-year period;
    9. Eliminate the requirement that multiple beneficiaries (property 
owners) be threatened before a site would be eligible for EWP Program 
repairs;
    10. Apply principles of natural stream dynamics and bioengineering 
to the design of EWP practices;
    11. Simplify the purchase of agricultural easements;
    12. Repair enduring (structural or long-life) conservation 
practices;
    13. Fund part of improved solutions;

[[Page 70213]]

    14. Allow disaster recovery work in floodplain areas away from 
streams and in upland areas; and
    15. Purchase easements on non-agricultural lands.

    Signed at Washington, DC, on December 9, 1999.
Pearlie S. Reed,
Chief, Natural Resources Conservation Service.
[FR Doc. 99-32526 Filed 12-15-99; 8:45 am]
BILLING CODE 3410-16-P