Federal Requirements Governing Use of Farmland Recreation Lands and the Coastal Zone

Farmland Protection Policy Act (FPPA). The Farmland Protection Policy Act of 1981 (73 USC §4201 et seq.) requires that a federal agency evaluate the effects a project may have on prime farmland before that agency can approve any action that may result in the conversion of farmland from agricultural use to nonagricultural use. The FFPA requires that before any federal action that would result in conversion of prime farmland is approved, the U. S. Department of Agriculture (USDA) must examine the effects of the action using criteria set forth in the FFPA. If it is determined that there are adverse effects, alternatives to lessen them must be considered. This process requires an inventory, description, and classification of affected farmlands be completed in consultation with the U. S. Soil Conservation Service within the USDA.

The evaluation of land for agricultural use includes productivity, proximity to other land uses, impacts on remaining farmland after the conversion, and indirect or secondary effects of the project on agricultural and other local factors.

Federal Coastal Zone Management Act. The federal Coastal Zone Management Act of 1972 (16 USC §§1451-1464) requires states with coastlines to develop and implement federally approved coastal zone management programs (CZMPs). Once a state has an approved management program, federal projects or federally permitted development affecting the coastal zone must conform to the requirements of the state program “to the maximum extent practicable.” A determination of consistency with the approved CZMP is required from the state before federal approval can be granted.

Federal Wild and Scenic Rivers Act. The federal Wild and Scenic Rivers Act (16 USC §§1271-1287) provides that rivers and their immediate environment that meet specified criteria shall be preserved in free-flowing condition, and that they and their immediate environments shall be protected for the benefit and enjoyment of present and future gener­ations. A river placed in the Wild and Scenic River System may not be degraded in its wild and scenic value as a consequence of an action by a federal project or agency. Any pro­posed federal construction projects on the river or in its immediate environment must be brought before Congress with an explanation of how the river can maintain its wild and scenic recreation value despite the proposed construction activity.

Fish and Wildlife Coordination Act. The Fish and Wildlife Coordination Act (16 USC

§§661-666) requires coordination and consultation among (1) the agency proposing the highway project, (2) the FWS, and (3) the state agency responsible for protecting wildlife resources whenever the waters of any stream or other body of water are proposed to be impounded, diverted, or otherwise modified. Full consideration and evaluation of the costs and benefits on a resource and public welfare must be performed including proposed miti­gation measures for potential impacts.

Section 6(f) of the Land and Water Conservation Fund Act of1965. 16 USC 460-4 to -11,

Public Law 88-578, protects public recreational land developed using federal funds under this act. Replacement lands converted to nonrecreational uses must be approved by the Secretary of the Department of the Interior.

Updated: 11 ноября, 2015 — 2:10 пп