[Federal Register: December 16, 1999 (Volume 64, Number 241)] [Notices] [Page 70212-70213] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr16de99-38] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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 ewp@mangi.com. 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