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594 Part 657—Prime and Unique Farmlands

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594 Part 657—Prime and Unique Farmlands § 656.1 7 CFR Ch. VI (1–1–12 Edition) 656.4–656.9 [Reserved] ment of the nation, and that Federal AUTHORITY: Pub. L. 86-523, 74 Stat. 220, as agencies shall administer the cultural amended (16 U.S.C. 469 et seq.); Pub. L. 89-665, properties under their control in a spir- 80 Stat. 915, as amended (16 U.S.C. 470 et it of stewardship and trusteeship for seq.); 7 CFR 2.62. future generations; initiate measures SOURCE: 42 FR 36804, July 18, 1977, unless necessary to direct their policies, otherwise noted. plans, and programs in such a way that federally owned sites, structures, and § 656.1 Purpose. objects of historical, architectural, or This part prescribes Natural Re- archeological significance are pre- sources Conservation Service (NRCS) served, restored, and maintained. Sec- policy, procedures, and guidelines for tion 1(3) directs that agencies institute the implementation of archeological procedures to assure that Federal plans and historical laws and appropriate ex- and programs contribute to the preser- ecutive orders for administering NRCS vation and enhancement of non-feder- programs. ally owned sites, structures, and ob- jects of historical, architectural, or ar- § 656.2 Archeological and historical cheological significance in consulta- laws and Executive orders applica- tion with the ACHP. ble to NRCS-assisted programs. (a) The Act of June 27, 1960, relating to § 656.3 Policy. the preservation of historical and ar- (a) NRCS recognizes that significant cheological data, Pub. L. 86–523, 74 historical, archeological, and architec- Stat. 220, as amended May 24, 1974; Pub. tural resources are an important part L. 93–291, 88 Stat. 174 (16 U.S.C. 469 et of our national heritage, the protection seq.), provides for the preservation of of which requires careful consideration historical and archeological materials in this agency’s project planning and or data, including relics and specimens, implementation process. that might otherwise be lost or de- (b) NRCS will take reasonable pre- stroyed as a result of any Federal or cautions to avoid damaging any signifi- federally-assisted or licensed project, cant historic, cultural, or natural as- activity, or program. pects of our national heritage and will (b) The National Historic Preservation work with the National Park Service Act, Pub. L. 89–665, 80 Stat. 915, as (NPS) and the Advisory Council on His- amended, (16 U.S.C. 470 et seq.), author- toric Preservation (ACHP) in identi- izes the Secretary of the Interior to fying and seeking to avoid or mitigate maintain and expand a National Reg- adverse effects of NRCS-assisted ister of Historic Places (NRHP), includ- projects on the Nation’s significant ing historic districts, sites, buildings, cultural resources. The procedures con- structures, and objects that are signifi- tained in this part have been developed cant in American history, architecture, to comply with sections 1(3) and 2(c) of archeology, and culture. This law also Executive Order 11593. establishes the Advisory Council on §§ 656.4–656.9 [Reserved] Historic Preservation (ACHP), to be ap- pointed by the President. Section 106 of this Act (16 U.S.C. 470f), requires that PART 657—PRIME AND UNIQUE prior to the approval of any Federal or FARMLANDS federally-assisted or licensed under- taking, the Federal agency shall afford Subpart A—Important Farmlands Inventory the ACHP a reasonable opportunity to Sec. comment, if properties listed in or eli- 657.1 Purpose. gible for listing in NRHP are affected. 657.2 Policy. (c) Executive Order 11593 (36 FR 8921, 3 657.3 Applicability. CFR 1971 Comp. P. 154), Protection and 657.4 NRCS responsibilities. Enhancement of the Cultural Environ- 657.5 Identification of important farmlands. ment, provides that the Federal gov- AUTHORITY: 7 U.S.C. 1010a; 16 U.S.C. 590a– ernment shall furnish leadership in 590f; 42 U.S.C. 3271–3274. preserving, restoring, and maintaining SOURCE: 43 FR 4031, Jan. 31, 1978, unless the historical and cultural environ- otherwise noted. 594 VerDate Mar<15>2010 21:02 Mar 01, 2012 Jkt 226017 PO 00000 Frm 00604 Fmt 8010 Sfmt 8010 Q:\07\7V6 ofr150 PsN: PC150 Natural Resources Conservation Service, USDA § 657.4 Subpart A—Important Farmlands representatives of the Governor’s of- Inventory fice, agencies of the State government, and others to identify farmlands of § 657.1 Purpose. statewide importance and unique farm- lands that are to be inventoried within NRCS is concerned about any action the framework of this memorandum. that tends to impair the productive ca- (3) Prepare a statewide list of: pacity of American agriculture. The (i) Soil mapping units that meet the Nation needs to know the extent and criteria for prime farmland; location of the best land for producing (ii) Soil mapping units that are farm- food, feed, fiber forage, and oilseed lands of statewide importance if the crops. In addition to prime and unique criteria used were based on soil infor- farmlands, farmlands that are of state- mation; and wide and local importance for pro- (iii) Specific high-value food and ducing these crops also need to be iden- fiber crops that are grown and, when tified. combined with other favorable factors, § 657.2 Policy. qualify lands to meet the criteria for unique farmlands. Copies are to be fur- It is NRCS policy to make and keep nished to NRCS Field Offices and to current an inventory of the prime National Soil Survey Center. (see 7 farmland and unique farmland of the CFR 600.2(c), 600.6) Nation. This inventory is to be carried (4) Coordinate soil mapping units out in cooperation with other inter- that qualify as prime farmlands with ested agencies at the National, State, adjacent States, including Major Land and local levels of government. The ob- Resource Area Offices (see 7 CFR 600.4, jective of the inventory is to identify 600.7) responsible for the soil series. the extent and location of important Since farmlands of statewide impor- rural lands needed to produce food, tance and unique farmlands are des- feed, fiber, forage, and oilseed crops. ignated by others at the State level, the soil mapping units and areas iden- § 657.3 Applicability. tified need not be coordinated among Inventories made under this memo- States. randum do not constitute a designation (5) Instruct NRCS District Conserva- of any land area to a specific land use. tionists to arrange local review of Such designations are the responsi- lands identified as prime, unique, and bility of appropriate local and State of- additional farmlands of statewide im- ficials. portance by Conservation Districts and representatives of local agencies. This § 657.4 NRCS responsibilities. review is to determine if additional (a) State Conservationist. Each NRCS farmland should be identified to meet State Conservationist is to: local decisionmaking needs. (1) Provide leadership for inventories (6) Make and publish each important of important farmlands for the State, farmland inventory on a base map of county, or other subdivision of the national map accuracy at an inter- State. Each is to work with appro- mediate scale of 1:50,000 or 1:100,000. priate agencies of State government State Conservationists who need base and others to establish priorities for maps of other scales are to submit making these inventories. their requests with justification to the (2) Identify the soil mapping units Chief for consideration. within the State that qualify as prime. (b) National Soil Survey Center. The In doing this, State Conservationists, National Soil Survey Center is to pro- in consultation with the cooperators of vide requested technical assistance to the National Cooperative Soil Survey, State Conservationists and Major Land have the flexibility to make local devi- Resource Area Offices in inventorying ation from the permeability criterion prime and unique farmlands (see 7 CFR or to be more restrictive for other spe- 600.2(c)(1), 600.4, 600.7). This includes re- cific criteria in order to assure the viewing statewide lists of soil mapping most accurate identification of prime units that meet the criteria for prime farmlands for a State. Each is to invite farmlands and resolving coordination 595 VerDate Mar<15>2010 21:02 Mar 01, 2012 Jkt 226017 PO 00000 Frm 00605 Fmt 8010 Sfmt 8010 Q:\07\7V6 ofr150 PsN: PC150 § 657.5 7 CFR Ch. VI (1–1–12 Edition) problems that may occur among States ‘‘Saline and Alkali Soils, Agriculture for specific soil series or soil mapping Handbook 60.’’ units. (i) The soils have: (c) National Office. The Deputy Chief (A) Aquic, udic, ustic, or xeric mois- for Soil Survey and Resource Assess- ture regimes and sufficient available ment (see 7 CFR 600.2(b)(3)) is to pro- water capacity within a depth of 40 vide national leadership in preparing inches (1 meter), or in the root zone guidelines for inventorying prime (root zone is the part of the soil that is farmlands and for national statistics penetrated or can be penetrated by and reports of prime farmlands. plant roots) if the root zone is less than 40 inches deep, to produce the com- [43 FR 4031, Jan. 31, 1978, as amended at 65 monly grown cultivated crops (cul- FR 57538, Sept. 25, 2000] tivated crops include, but are not lim- ited to, grain, forage, fiber, oilseed, § 657.5 Identification of important farmlands. sugar beets, sugarcane, vegetables, to- bacco, orchard, vineyard, and bush (a) Prime farmlands—(1) General. fruit crops) adapted to the region in 7 Prime farmland is land that has the or more years out of 10; or best combination of physical and (B) Xeric or ustic moisture regimes chemical characteristics for producing in which the available water capacity food, feed, forage, fiber, and oilseed is limited, but the area has a developed crops, and is also available for these irrigation water supply that is depend- uses (the land could be cropland, able (a dependable water supply is one pastureland, rangeland, forest land, or in which enough water is available for other land, but not urban built-up land irrigation in 8 out of 10 years for the or water).
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