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DEPARTMENTAL REGULATION |
Number: 9500-003 |
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SUBJECT: Land Use Policy
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DATE: March 22, 1983 |
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OPI: Land Use Staff Soil Conservation Service |
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1 PURPOSE
The Nation's
farmlands, forest lands, rangelands, flood plains, and wetlands are unique
natural resources providing food, fiber, wood, and water necessary for the
continued welfare of the people of the
Land use allocation
decisions are matters of concern to USDA. Decisions concerning land use arise
from needs to accommodate needed growth and development; prevent unwarranted
and costly sprawl; avoid unwarranted conversion of farm, range, and forest
lands and wetlands from existing uses and unwarranted encroachment on flood
plains; maintain and enhance agricultural and forest production capabilities;
maintain wildlife, fish, and seafood habitat; provide or improve community
services and facilities; assure appropriate environmental quality; and assure
adequate supplies of suitable- quality water. These needs are highly interdependent and often compete with each other for the
limited supply of available land and water.
It is Departmental
policy to promote land use objectives responsive to current and long-term
economic, social, and environmental needs. This policy recognizes the rights
and responsibilities of State and local governments for regulating the uses of
land under their jurisdiction. It also reflects the Department's responsibility
to (a) assure that the United States retains a farm, range, and forest land
base sufficient to product adequate supplies, at reasonable production costs,
of high-quality food, fiber, wood, and other agricultural products that may be
needed; (b) assist individual landholders and State and local governments in
defining and meeting needs for growth and development in such ways that the
most productive farm, range, and forest lands are protected from unwarranted
conversion to other uses; and (c) assure appropriate levels of environmental
quality.
In accordance with
the authority contained in 7 U.S.C. 1010 and 7 U.S.C. 2204 and consistent with
7 C.F.R. 2.19 (f) and provisions of the Farmland Protection Policy Act,
Subtitle I, Title XV, P.L. 97-98, the Department sets forth this statement of
policy on land use.
2 CANCELLATIONS
This regulation supercedes Secretary's Memorandum 9500-2 dated March 10,
1982.
3 POLICY
Federal agencies,
in implementing programs, make decisions that affect current and potential uses
of land. The Department will:
a Promote and
support planning procedures that allow landholders, interest groups, and State
and local governments to have input at all appropriate stages of the decisionmaking process for public projects, programs, or
activities; that recognize the rights and responsibilities of landholders in
making private land use decisions; and that recognize the responsibility of
governments in influencing how land may be used to meet public needs.
b Assure that
programs of the agencies within the Department discourage the unwarranted
conversion to other uses of prime and unique farmlands, farmlands of statewide
or local importance, and prime rangelands, as defined in appendix A; the
unwarranted alteration of wetlands or flood plains; or the unwarranted
expansion of the peripheral boundaries of existing settlements.
c Manage both its
land use-related programs and USDA-administered land in such manner as to (1)
demonstrate leadership in meeting short- and long-term needs for growth and
development, while assuring adequate supplies of needed food, fiber, and forest
products; (2) assure appropriate levels of environmental quality and adequate
supplies of water; and (3) discourage unwarranted expansion of peripheral
boundaries of existing settlements. Whenever practicable, management of
USDA-administered lands shall be coordinated with the management of adjacent
private and other public lands.
d Conduct
multidisciplinary land use research and education programs responsive to
identified State, local, and national needs and, when requested, assist State
and local governments, citizens groups, and individual landholders in
determining alternative land use values, thereby enabling local officials to
make judicious choices to meet growth and development needs and to protect the
community's farm and forest-related economic base.
e Assist landowners and State and Federal agencies in
the reclamation of abandoned surface-mined lands. This reclamation will help
eliminate safety, health, and environmental problems.
f Assist in planning for the extraction of coal and
other nonrenewable resources in such manner as to facilitate restoration. This
restoration would reestablish or enhance food, fiber, or forest productivity or
contribute to other beneficial uses of the land as mining is completed in
defined areas or sites.
g Advocate among Federal agencies:
(1) The retention
of important farmlands, rangelands, forest lands, and wetlands, whenever
proposed conversions to other uses (a) are caused or encouraged by actions or
programs of a Federal agency or (b) require licensing or approval by a Federal
agency, unless other needs clearly override the benefits derived from retention
of such lands; and
(2) Actions that
reduce the risk of flood loss and soil erosion; that minimize impacts of floods
on human safety, health, and welfare; that preserve natural flood-control and
other beneficial functions and values of wetlands and flood plains; and that
reduce future need for expensive manmade flood-control systems, disaster-relief
assistance, or Federal rehabilitation assistance in the event of flooding.
4 ABBREVIATIONS
USDA -
NRE - Natural
Resources and Environment Committee
5 DEFINITIONS
Complete
definitions for the terms "farmlands," "forest lands,"
"rangelands," "wetlands," and "flood plains" are found
in appendix A.
6 RESPONSIBILITIES
a The Office of the
Secretary is responsible for (1) encouraging, assisting, and coordinating
efforts of other Federal departments and agencies to implement policies and
procedures supportive of the objectives of this regulation; (2) resolving
issues and acting on recommendations raised to the Secretary's Policy and
Coordination Council by the Departmental committees; and (3) raising unresolved
issues and recommending actions to the appropriate Cabinet Council.
b The NRE Committee, created under the Secretary's
memorandum dated July 22, 1981, will provide departmentwide
leadership for the implementation of this policy statement. In implementing
this policy, the NRE Committee will:
(1) Recommend
Departmental guidelines to the Secretary and schedule reviews of each agency's
procedures for implementation;
(2) Monitor
implementation of this policy;
(3) Encourage,
support, and provide guidance to State-and local-level USDA committees in
implementing this policy;
(4) Coordinate the
work of USDA agencies in carrying out the provisions of this regulation; and
(5) Advise the
Secretary annually as to progress and problems encountered.
c Each USDA agency will review and make the necessary
administrative changes in existing and proposed rules, regulations, guides,
practices, or policies and propose needed legislative changes to bring agency
programs into compliance with the provisions of this regulation.
d Each USDA agency
having programs that will be affected by this regulation shall develop
implementing procedures, consistent with the guidelines provided by the NRE
Committee, and shall provide to all offices of the agency copies of this policy
statement, Departmental guidelines, and agency procedures to implement this policy.
e USDA agencies will encourage State and local
governments and individual landholders to retain important farmlands,
rangelands, forest lands, and wetlands and to avoid encroachments on flood
plains when practicable alternatives exist to meet developmental needs.
Appropriate agencies will assist State and local governments, citizens groups,
and individual landholders in identifying options and determining alternative
land use values as the basis for making judicious choices in meeting growth and
development needs.
f USDA agencies will encourage other Federal, State,
and local government agencies to exchange information on plans or projects that
may impact on important farmlands, rangelands, forest lands, wetlands, or flood
plains and to involve appropriate USDA agencies early in the planning process.
USDA agencies will participate in a timely manner at appropriate stages in the
planning process on Federal or federally assisted projects or activities when
requested. Where opportunity for such participation is not forthcoming, the
Department may intercede, consistent with policy contained in this regulation,
at appropriate stages in the decisionmaking process
through review and comments on plans, as provided for in authorized
administrative review procedures for such projects, activities, or actions.
g When land held either in public or private ownership
will be directly affected by USDA actions, the implementing agency will notify
the affected landholders at the earliest time practicable of the proposed action
and provide such landholders an opportunity to review the elements of the
action and to comment on the action's feasibility and alternatives to it.
h Agencies of USDA will assure that their actions,
investments, and programs on nonfederal lands will conform, to the extent
practicable, with the uses permitted under land use regulations adopted by
State and local governments.
i When land use regulations or decisions are
inconsistent with USDA policies and procedures for the protection of important
farmlands, rangelands, forest lands, wetlands, or flood plains, USDA agencies
shall not assist in actions that would convert these lands to other uses or
encroach upon flood plains, unless (1) there is a demonstrated, significant
need for the project, program, or facility, and (2) there are no practicable
alternative actions or sites that would avoid the conversion of these lands or,
if conversion is unavoidable, reduce the number of acres to be converted or
encroached upon directly and indirectly.
APPENDIX A
DEFINITIONS
The following definitions apply to this
Departmental Regulation.
1 IMPORTANT FARMLANDS 1/
a Prime Farmlands 1/
(1) General
Criteria. Prime farmland is land that has the best combination of physical and
chemical characteristics for producing food, feed, forage, fiber, and oilseed
crops and is also available for these uses (the land could be cropland,
pastureland, rangeland, forest land, or other land but not urban built-up land
or water). It has the soil quality, growing season, and moisture supply needed
to produce, economically, sustained high yields of crops when treated and
managed, including water management, according to acceptable farming methods.
In general, prime farmlands have an adequate and dependable water supply from
precipitation or irrigation, a favorable temperature and growing season,
acceptable acidity or alkalinity, acceptable salt and sodium content, and few
or no rocks. They are permeable to water and air. Prime farmlands are not
excessively erodible or saturated with water for a
long period of time, and they either do not flood frequently or are protected
from flooding. Examples of soils that qualify as prime farmlands are Palouse silt loam, 0- to 7-percent slopes; Brookston silty clay loam, drained; and Tama silty
clay loam, 0- to 5-percent slopes.
(2) Specific
Criteria. Prime farmlands must meet all the following criteria. Terms used in
this section are defined in these USDA publications: "Soil Taxonomy,
Agriculture Handbook 436," "Soil Survey Manual, Agriculture Handbook
18," "Rainfall-Erosion Losses from Cropland, Agriculture Handbook
282," "Wind Erosion Forces in the United States and Their Use in
Predicting Soil Loss, Agriculture Handbook 346," and "Saline and
Alkali Soils, Agriculture Handbook 60."
(a) The soils have:
1 Aquic, udic, ustic,
or xeric moisture regimes and sufficient available water capacity within a
depth of 40 inches, or in the root zone (root zone is the part of the soil that
is penetrated by plant roots) if the root zone is less than 40 inches deep, to
produce the commonly grown cultivated crops (cultivated crops include but are
not limited to grain, forage, fiber, oilseed, sugar beets, sugarcane,
vegetables, tobacco, orchard, vineyard, and bush fruit crops) adapted to the
region in 7 or more years out of 10; or
2 Xeric or ustic moisture regimes in which the available water
capacity is limited, but the area has developed irrigation water supply that is
dependable (a dependable water supply is one in which enough water is available
for irrigation in 8 out of 10 years for the crops commonly grown) and of
adequate quality; or
3 Acidic or torric moisture regimes, and the area has a developed
irrigation water supply that is dependable and of adequate quality; and
(b) The soils have
a temperature regime that is frigid, mesic, thermic, or hyperthermic (pergelic and cryic regimes are
excluded). These are soils that, at a depth of 20 inches, have a mean annual
temperature higher than 32 degrees Fahrenheit. In addition, the mean summer
temperature at this depth in soils with an 0 horizon is higher than 47 degrees
Fahrenheit; in soils that have no 0 horizon, the mean summer temperature is
higher than 59 degrees Fahrenheit; and
(c) The soils have
a pH between 4.5 and 8.4 in all horizons within a depth of 40 inches or in the
root zone if the root zone is less than 40 inches deep; and
(d) The soils
either have no water table or have water table that is maintained at a
sufficient depth during the cropping season to allow cultivated crops common to
the area to be grown; and
(e) The soils can
be managed so that in all horizons within a depth of 40 inches or in the root
zone if the root zone is less than 40 inches deep, during part of each year the
conductivity of the saturation extract is less than 4 mmhoc/cm
and the exchangeable sodium percentage is less than 15; and
(f) The soils are
not flooded frequently during the growing season (less often than once in 2
years); and
(g) The product of
K (erodibility factor) times the percent slope is
less than 2.0, and the product or I (soils erodibility)
times C (climate factor) does not exceed 60; and
(h) The soils have
a permeability rate of at least 0.06 inch per hour in the upper 20 inches, and
the mean annual soil temperature at a depth of 20 inches is less than 59
degrees Fahrenheit or higher; and
(i) Less than 10 percent of the surface layer (upper 6
inches) in these soils consists of rock fragments coarser than 3 inches.
b Unique Farmland 1/
(1) General
Criteria. Unique farmland is land other than prime farmland that is used for
the production of specific high-value food and fiber crops. It has the special
combination of soil quality, location, growing season, and moisture supply
needed to produce, economically, sustained high-quality and/or high yields of a
specific crop when treated and managed according to acceptable farming methods.
Examples of such crops are citrus, tree nuts, olives, cranberries, fruit, and
vegetables.
(2) Specific
Characteristics. Unique farmland is used for a specific high-value food or
fiber crop. It has a moisture supply that is adequate for the specific crop;
the supply is from stored moisture, precipitation, or a developed irrigation
system. It combines favorable factors of soil quality, growing season,
temperature, humidity, air drainage, elevation, aspect, or other conditions,
such as nearness to market, that favor the growth of a specific food or fiber
crop.
c Additional Farmland of Statewide Importance. 1/ This is land, in addition to prime and unique farmlands,
that is of statewide importance for the production of food, feed, fiber,
forage, and oilseed crops. Criteria for defining and delineating this land are
to be determined by the appropriate State agency or agencies. Generally, additional
farmlands of statewide importance include those that are nearly prime farmland
and that economically produce high yields of crops when treated and managed
according to acceptable farming methods. Some may produce as high a yield as
prime farmlands if conditions are favorable. In some States, additional
farmlands of statewide importance may include tracts of land that have been
designated for agriculture by State law.
d Additional Farmland of Local Importance. 1/ In some
local areas, there is concern for certain additional farmlands for the
production of food, feed, fiber, forage, and oilseed crops, even though these
lands are not identified as having national or statewide importance. Where
appropriate, these lands are to be identified by the local agency or agencies
concerned.
2 PRIME FOREST LANDS 2/
Because of the
multiple use of forested lands, several categories, e.g., timber, wildlife, and
recreation, may be developed. For purposes of this regulation only, the
following timberland definitions will apply.
a Prime Timberland. 2/ Prime timberland is land that
has soil capable of growing wood at the rate of 85 cubic feet or more/acre/year
(at culmination of mean annual increment) in natural stands and is not in urban
or built-up land uses or water. Generally speaking, this is land currently in
forest, but does not exclude qualifying lands that could realistically be
returned to forest. Delineation of these lands will be in accordance with
national criteria.
b Unique Timberland. 2/ Unique timberlands are lands
that do not qualify as prime timberland on the basis of producing less than 85
cubic feet/acre/year, but are growing sustained yields of specific high-value
species or species capable of producing specialized wood products under a silvicultural system that maintains soil productivity and
protects water quality. Delineation of these lands will be in accordance with
national criteria.
c Timberland of Statewide Importance. 2/ This is land, in addition to prime and unique timberlands,
that is of statewide importance for the growing of woods. Criteria for defining
and delineating these lands are to be determined by State forestry planning
committees or appropriate State organizations.
d Timberlands of Local Importance. 2/ In some local
areas, there is a concern for certain additional forest lands for the growing
of wood, even though these lands are not identified as having national or
statewide importance. Where appropriate, these lands are to be identified by a
local agency or agencies concerned.
3 WETLANDS 3/
Wetlands are those
areas that are inundated by surface or ground water with frequency sufficient
to support and, under normal circumstances, do or would support a prevalence of
vegetative or aquatic life that requires saturated or seasonally saturated soil
conditions for growth and reproduction. Wetlands generally include swamps,
marshes, bogs, and similar areas, such as sloughs, potholes, wet meadows, river
overflows, mudflats, and natural ponds.
4 FLOOD PLAINS 3/
The term
"flood plain" means the lowland and relatively flat areas adjoining
inland and coastal waters, including floodprone areas
of offshore islands, including, at a minimum, those that are subject to a
1-percent or greater chance of flooding in any give year.
4 PRIME RANGELAND 4/
Prime rangeland is
rangeland which, because of its soil, climate, topography, vegetation, and
location, has the highest quality or value for grazing animals. The (potential)
natural vegetation is palatable, nutritious, and available to the kinds of
herbivores common to the area.
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3/ Definitions contained in executive orders
11988 and 11990
4/ USDA proposed definition for intradepartmental
use only