Emergency Watershed Protection Program

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;

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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]

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