Current through October 31, 2024
(a) This part: (1) Explains major U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) environmental policies.(2) Establishes FSA procedures to implement the:(i) National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 through 4370 ) ;(ii) Council on Environmental Quality (CEQ) regulations (40 CFR parts 1500 through 1518 ) ; and(iii) USDA NEPA regulations (§§ 1b.1 through 1b.4 of this title).(3) Establishes procedures to ensure that FSA complies with other applicable laws, regulations, and Executive Orders, including, but not limited to, the following: (i) American Indian Religious Freedom Act (42 U.S.C. 1996 ) ;(ii) Archaeological and Historic Preservation Act (16 U.S.C. 469 through 469c ) ;(iii) Archaeological Resources Protection Act of 1979 (16 U.S.C. 470aa through 470mm ) ;(iv) Clean Air Act (42 U.S.C. 7401 through 7671q ) ;(v) Clean Water Act (33 U.S.C. 1251 through 1387 ) ;(vi) Coastal Barrier Resources Act (16 U.S.C. 3501 through 3510 ) ;(vii) Coastal Zone Management Act of 1972 (CZMA) (16 U.S.C. 1451 through 1466 ) ;(viii) Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 through 9675 ) ;(ix) Endangered Species Act (ESA) (16 U.S.C. 1531 through 1544 ) ;(x) Farmland Protection Policy Act (7 U.S.C. 4201 through 4209 ) ;(xi) Migratory Bird Treaty Act (16 U.S.C. 703 through 712 ) ;(xii) National Historic Preservation Act (NHPA) of 1966, as amended (54 U.S.C. 300101 through 307101 ), (xiii) Native American Graves Protection and Repatriation Act (25 U.S.C. 3001 through 3013 ) ;(xiv) Resource Conservation and Recovery Act (42 U.S.C. 6901 through 6992k ) ;(xv) Safe Drinking Water Act (42 U.S.C. 300h through 300h.8 ) ;(xvi) Wild and Scenic Rivers Act (16 U.S.C. 1271 through 1287 ) ;(xvii) Wilderness Act (16 U.S.C. 1131 through 1136 ) ;(xviii) Advisory Council on Historic Preservation regulations in 36 CFR part 800 "Protection of Historic Properties;"(xix) USDA, Office of Environmental Quality regulations in part 3100 of this title, "Cultural and Environmental Quality" (see part 190, subpart F, of this title, "Procedures for the Protection of Historic and Archaeological Properties," for more specific implementation procedures);(xx) USDA, Natural Resources Conservation Service regulations in part 658 of this title, "Farmland Protection Policy Act;"(xxi) USDA regulations in part 12 of this title, "Highly Erodible Land and Wetland Conservation;"(xxii) U.S. Department of the Interior, National Park Service regulations in 36 CFR part 60, "National Register of Historic Places;"(xxiii) U.S. Department of the Interior, National Park Service regulations in 36 CFR part 63 , "Determinations of Eligibility for Inclusion in the National Register of Historic Places;"(xxiv) USDA, Departmental Regulation 9500-3, "Land Use Policy;"(xxv) USDA, Departmental Regulation 9500-4, "Fish and Wildlife Policy;"(xxvi) Executive Order 11514, "Protection and Enhancement of Environmental Quality;"(xxvii) Executive Order 11593, "Protection and Enhancement of the Cultural Environment;"(xxviii) Executive Order 11988, "Floodplain Management;"(xxix) Executive Order 11990, "Protection of Wetlands;"(xxx) Executive Order 11991, "Relating to Protection and Enhancement of Environmental Quality;"(xxxi) Executive Order 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations;"(xxxii) Executive Order 13007, "Indian Sacred Sites;"(xxxiii) Executive Order 13175, "Consultation and Coordination with Indian Tribal Governments;"(xxxiv) Executive Order 13186, "Responsibilities of Federal Agencies to Protect Migratory Birds;"(xxxv) Executive Order 13287, "Preserve America;" and(xxxvi) Executive Order 13690, "Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input."(b) The procedures and requirements in this part supplement CEQ and USDA regulations; they do not replace or supersede them.