USGS Guide to Federal Environmental Laws and Regulations
PRIME AND UNIQUE FARMLANDS
Table of Contents
Applicable Statutes
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- 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
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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.
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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.
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§(7 U.S.C. 4205)- Farmland resource information
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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.
- 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))
Construction activities, development grants and loans, and certain
Federal land management decisions that contribute either directly or
indirectly to loss of farmland. (ES80-3)
- 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).
- 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.
- Identify alternatives or appropriate mitigation measures.
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