USGS Guide to Federal Environmental Laws and Regulations

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PRIME AND UNIQUE FARMLANDS

Table of Contents

Applicable Statutes

Farmland Protection Policy Act (PL 97-98; 7 U.S.C. 4201 et seq.)

Federal Insecticide, Fungicide and Rodenticide Act (under Solid and Hazardous Substances page)

Farmland Protection Policy Act (PL 97-98; 7 U.S.C. 4201 et seq.)

Purpose

As a result of a substantial decrease in the amount of open farmland, the Farmland Protection Policy Act (FPPA) was put forth by Congress. In the statement of purpose, Federal programs which contribute to the unnecessary and irreversible conversion of farmland to nonagricultural uses will be minimized. It follows that Federal programs shall be administered in a manner that, as practicable, will be compatible with state and local government and private programs and policies to protect farmland.

Major Provisions by Section

§(7 U.S.C. 4202)- Identifying effects of Federal programs on conversion of farmland to nonagriculturaluses

The Department of Agriculture is given the responsibility to develop criteria to be used in identifying the effects of Federal programs on the conversion of farmland to nonagricultural uses. The criteria need to take into account the amount of farmland converted along with the adverse effects of federal programs. After applying the criteria, alternative actions must be considered.

§(7 U.S.C. 4203)- Existing policies and procedures; review, etc.

This section requires that each unit of government review the current provisions of law to determine whether any provision thereof may hinder the Federal government in carrying out the provisions of the Act. Alternative actions must then be developed, if any activities do in fact contradict the purposes of the FPPA.

§(7 U.S.C. 4205)- Farmland resource information

Education is the focus of this section, with the Secretary of Agriculture being responsible for implementing programs for media, school, group, and Federal agency presentation. The programs are to emphasize the importance of productive farmland to the Nation's well-being.

Pertinent Regulations

• 7 CFR Part 658- Farmland Protection Policy Act, Natural Resources Conservation Service
The Secretary of Agriculture is required under the Act to set criteria to identify and take into account the adverse effects of their activities on the preservation of farmland. Agencies are also to consider alternative actions and ensure that their programs are compatible with state and local government programs. Section 658.5 sets out the criteria for such evaluation, with a great emphasis on urban aspects of proposed programs.
• Environmental Statement Memorandum No. ESM94-7- Prime and Unique Agricultural Lands, Department of Interior
Adopts as a supplement to the department's NEPA procedures the CEQ memorandum of August 11, 1980, "Analysis of Impacts on Prime or Unique Agricultural Lands in Implementing the National Environmental Policy Act." Also contains a list of the U.S. Department of Agriculture State Land Use Committee Chairpersons.
• 516 DM 2 Appendix 2(2.2), Department of Interior

  Environmental assessments must be prepared for actions which may adversely affect such unique geographic characteristics as prime farmlands

Definitions

Prime farmland

land that has the best combination of physical and chemical characteristics for producing food, feed, fiber, forage, oilseed, and other agricultural crops with minimum inputs of fuel, fertilizer, pesticides, and labor, and without intolerable soil erosion. (7U.S.C. 4201(c)(1)(A))

Unique farmland

land other than prime farmland that is used for the production of specific high-value food and fiber crops...such as, citrus, tree nuts, olives, cranberries, fruits, and vegetables. (7 U.S.C. 4201(c)(1)(B))

Additional farmland of statewide or local importance

land identified by state or local agencies for agricultural use, but not of national significance. (7 U.S.C. 4201(c)(1)(C))

Applicable Actions

Construction activities, development grants and loans, and certain Federal land management decisions that contribute either directly or indirectly to loss of farmland. (ES80-3)

Summary of implementation procedures (Refer to ESM94-7 for details)

1. Determine if prime or unique farmland is in an area that may be affected by the proposed action. Consult with appropriate Natural Resources Conservation Service (NRCS) State office or USDA State Land Use Committee chairperson for technical data and assistance. First, examine the NRCS Important Farmlands Inventory/Important Farmlands Maps (7 CFR Part 657.1). Then examine the NRCS Statewide list of soil mapping units and results of standard soil surveys (7 CFR Part 657.4).
   
   
2. If proposed action may have an adverse effect on a prime or unique farmland, then an environmental assessment should be prepared. If an EIS is to be prepared, USDA should review the draft EIS.
   
   
3. Identify alternatives or appropriate mitigation measures.