§ 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.

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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

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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). It has the soil quality, grow- crops commonly grown) and of ade- ing season, and moisture supply needed quate quality; or, to economically produce sustained (C) Aridic or torric moisture regimes high yields of crops when treated and and the area has a developed irrigation managed, including water manage- water supply that is dependable and of ment, according to acceptable farming adequate quality; and, methods. In general, prime farmlands (ii) The soils have a temperature re- have an adequate and dependable water gime that is frigid, mesic, thermic, or supply from precipitation or irrigation, hyperthermic (pergelic and cryic re- a favorable temperature and growing gimes are excluded). These are soils season, acceptable acidity or alka- that, at a depth of 20 inches (50 cm), linity, acceptable salt and sodium con- have a mean annual temperature high- tent, and few or no rocks. They are per- er than 32 °F (0 °C). In addition, the meable to water and air. Prime farm- mean summer temperature at this lands are not excessively erodible or depth in soils with an O horizon is saturated with water for a long period higher than 47 °F (8 °C); in soils that of time, and they either do not flood have no O horizon, the mean summer frequently or are protected from flood- temperature is higher than 59 °F (15 ing. Examples of soils that qualify as °C); and, prime farmland are Palouse silt loam, 0 (iii) The soils have a pH between 4.5 to 7 percent slopes; Brookston silty and 8.4 in all horizons within a depth of clay loam, drained; and Tama silty 40 inches (1 meter) or in the root zone clay loam, 0 to 5 percent slopes. if the root zone is less than 40 inches (2) Specific criteria. Prime farmlands deep; and, meet all the following criteria: Terms (iv) The soils either have no water used in this section are defined in table or have a water table that is USDA publications: ‘‘Soil Taxonomy, maintained at a sufficient depth during Agriculture Handbook 436’’; ‘‘Soil Sur- the cropping season to allow cultivated vey Manual, Agriculture Handbook 18’’; crops common to the area to be grown; ‘‘Rainfall-erosion Losses From Crop- and, land, Agriculture Handbook 282’’; (v) The soils can be managed so that, ‘‘Wind Erosion Forces in the United in all horizons within a depth of 40 States and Their Use in Predicting Soil inches (1 meter) or in the root zone if Loss, Agriculture Handbook 346’’; and the root zone is less than 40 inches

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deep, during part of each year the con- lineating this land are to be deter- ductivity of the saturation extract is mined by the appropriate State agency less than 4 mmhos/cm and the ex- or agencies. Generally, additional changeable sodium percentage (ESP) is farmlands of statewide importance in- less than 15; and, clude those that are nearly prime farm- (vi) The soils are not flooded fre- land and that economically produce quently during the growing season (less high yields of crops when treated and often than once in 2 years); and, managed according to acceptable farm- (vii) The product of K (erodibility ing methods. Some may produce as factor) × percent slope is less than 2.0, high a yield as prime farmlands if con- and the product of I (soils erodibility) × ditions are favorable. In some States, C (climatic factor) does not exceed 60; additonal farmlands of statewide im- and portance may include tracts of land (viii) The soils have a permeability that have been designated for agri- rate of at least 0.06 inch (0.15 cm) per culture by State law. hour in the upper 20 inches (50 cm) and (d) Additional farmland of local impor- the mean annual soil temperature at a tance. In some local areas there is con- depth of 20 inches (50 cm) is less than 59 cern for certain additional farmlands °F (15 °C); the permeability rate is not for the production of food, feed, fiber, a limiting factor if the mean annual forage, and oilseed crops, even though soil temperature is 59 °F (15 °C) or high- these lands are not identified as having er; and, national or statewide importance. (ix) Less than 10 percent of the sur- Where appropriate, these lands are to face layer (upper 6 inches) in these be identified by the local agency or soils consists of rock fragments coarser agencies concerned. In places, addi- than 3 inches (7.6 cm). tional farmlands of local importance (b) Unique farmland—(1) General. may include tracts of land that have Unique farmland is land other than been designated for agriculture by prime farmland that is used for the local ordinance. production of specific high value food and fiber crops. It has the special com- PART 658—FARMLAND bination of soil quality, location, grow- PROTECTION POLICY ACT ing season, and moisture supply needed to economically produce sustained Sec. high quality and/or high yields of a spe- 658.1 Purpose. cific crop when treated and managed 658.2 Definitions. according to acceptable farming meth- 658.3 Applicability and exemptions. ods. Examples of such crops are citrus, 658.4 Guidelines for use of criteria. tree nuts, olives, cranberries, fruit, and 658.5 Criteria. vegetables. 658.6 Technical assistance. 658.7 USDA assistance with Federal agen- (2) Specific characteristics of unique cies’ reviews of policies and procedures. farmland. (i) Is used for a specific high- value food or fiber crop; AUTHORITY: 7 U.S.C. 4201–4209. (ii) Has a moisture supply that is SOURCE: 49 FR 27724, July 5, 1984, unless adequate for the specific crop; the sup- otherwise noted. ply is from stored moisture, precipita- tion, or a developed-irrigation system; § 658.1 Purpose. (iii) Combines favorable factors of This part sets out the criteria devel- soil quality, growing season, tempera- oped by the Secretary of Agriculture, ture, humidity, air drainage, elevation, in cooperation with other Federal aspect, or other conditions, such a agencies, pursuant to section 1541(a) of nearness to market, that favor the the Farmland Protection Policy Act growth of a specific food or fiber crop. (FPPA or the Act) 7 U.S.C. 4202(a). As (c) Additional farmland of statewide im- required by section 1541(b) of the Act, 7 portance. This is land, in addition to U.S.C. 4202(b), Federal agencies are (a) prime and unique farmlands, that is of to use the criteria to identify and take statewide importance for the produc- into account the adverse effects of tion of food, feed, fiber, forage, and oil their programs on the preservation of seed crops. Criteria for defining and de- farmland, (b) to consider alternative

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