ML20148J864
| ML20148J864 | |
| Person / Time | |
|---|---|
| Issue date: | 11/04/1980 |
| From: | Harold Denton Office of Nuclear Reactor Regulation |
| To: | Speth G COUNCIL ON ENVIRONMENTAL QUALITY |
| References | |
| NUDOCS 8012010246 | |
| Download: ML20148J864 (5) | |
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Mr. Gus Speth, Chairman p
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On 722 Jackson Place, N.W.
Washington, D.C.
20006
Dear Mr. Speth:
This is in response to your memorandum of August 11, 1980 concerning the Nuclear Regulatory Commission procedures for considering prime and unique agricultural lands in our implementation of the National Environmental Policy Act (NEPA).
The Nuclear Regulatory Commission has established NEPA review procedures which will accoamodate Federal environmental requirements. These procedures are set forth in our " Environmental Standard Review Plan for the Environmental Review of Construction Permit Applications for Nuclear Pcwer Plants." The requirements for staff review of prime and unique agricultursi lands are set forth in Chapter 4.1.1 of these plans. If eve analysis of proposed licensing' actions indicatas that prime or unique agricultural land is to be comitted, an assessment of productivity sust be sede to provide input to the Benefit-Cost Balanca Section of the Environmental Impact Statement or Assessment. The amount of prime and unique farmland on a proposed site is also one of the criteria utili:ed in the comparison of alternate sites, which is one of the steps in our procedure leading to authorization of construction of a nuclear power plant.
In addition, the Atomic Safety and Licensing Boards independently take into account the value of prime and unique agricultural lands in their review of cases during their adjudicatory hearings related to power plant license applications.
The construction of a nuciaar power plant generally has only limited impacts on land resources for only about 100-200 acres are permanently coenitted to indus-trial use. During the operating life of the plant, however, additional acreage can be restricted to limited use by the utility. The size of such an area can range up to about 1,000 acres for plants with cooling towers and 10,000 seres for plants with cooling ponds.
NRC's Office of Muclear Reactor Regulation (MRR) has not issued any environmental d,
impact statements from October 1,1979 to October 1,1980 that have revealed significant direct or indirect effects on prime and unique agricultural lands.
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i P Mr. Gus Soeth NRR anticipates receivino only a limited number of applications for the con-J struction of nuclear power olants in the next several years. However, we do anticipate receiving about 10 applications per year for operating licenses over the next five years for plants currently under construction.
NRC's Office of Nuclear Material Safety and Safeguards (NMSS) is concerned with licensing uranium processing facilities. NMSS has issued three final environ-mental statements (FES) and one draft environmental statement (DES) during the year October 1,1979 to September 30, 1980. Our procedures for issuing environ-mental statements include a review by the USDA.'s: Soil Conservation Service and their coments are factured in the final conclusions.
For the three FESS there were no prime or unique agricultural lands involved. The DES has been distributed for roview. The Soil Conservation S'ervice determination will be evaluated in the preparation of the FES.
In general, the consideration of prime and unique agricultural land in our licensing process is appropriate only at the ' construction permit stage of our licensing process for nuclear power plants and processing facilities, for it is at that time that land comitments are made and potential imoacts occur. Therefore, our opportunity for comolying with the policy concerning prime or unique agricultural lands will be very limited in the imediate future.
I am the policy-level offical responsible for agricultural land policies and Mr. Ronald Ballard (492-7903) is' the staff-level official who is responsible for carrying out tne actions discussed in your memorandum of August 11, 1980.
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EXECUTIVE OFFICE OF TH E PRESIDENT s
COUNCIL CN ENVIRON M ENT AL cu ALITY 722 JACXsoN puACE. N. W.
WAsmNGToN Q. C,20006 August 11, 1980 MEMORANDCM 70R HIADS OF ACINCIIS SU3 JECT:
Prime and Unique Agricultural Lands and the National Environ-
, mental Policy Act (NE?A)
The accompanying memorandum on Analysis of Impacts on ? time or Unique AgT1 cultural Lands in Implementing the National Environmental Policy Act was developed in cooperation with the Department of Agri-culture.
It updates and supersedes the Council's previous memorandum on this subject of August 1976.
spo g In order to review agency progress or problems in implementing this memorandum the Council vill request periodic reports from federal agencies as part of our ongoing oversight of agency implementation of NI?A and the Council's regulations. At this time we vould' appreciate receiving from your agency by November 1, 1980, the following infor=ation:
o identification and brief sumzcary of existing or proposed agency policies, regulations and other directives specifically intended to preserve or mitigate the effects of agency actions on prime or unique agricultural lands, including criteria or methodology used in assessing these impacts.,'
o identification of specific impact state:nnes and, to 'the e:ctent possible, other documents prepared frem October 1, 1979 to October 1, 1980 covering actions deemed likely to have s:.gnificant direct or indirect effects on prime or unique agricultural lands.
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the name of the policy-level official responsible for agricultural,
land policies in your agency, and the name of the staff-level &
i official in your agency's NE?A office who vill be responsible for carrying out the actions discussed in this memorandum.
9 w1 GUS S?I"Td Cha p u l
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EXECUTIVE OFFIC E OF' TH E PR E510ENT COUNCIL CN ENVIRON MENTAL QU ALITY 722 JACKSON Pt.ACL N. W.
a WAsHm0 TON. D. C. 20006 August 11, 1980 ME'.ORANDW. FOR EEADS OF AGENCIIS SUBJIC :
Analysis of I= pacts on Prime or Unique Agricultural I. ands in Implementing the National Environmental Policy Act Approximately one million acres of prime or unique agricultural lands
- are being converted irreversibly to nonagricultural uses each year. Actions by f ederal agencies such as construction activities, development grants and loana, and f ederal land management decisions frequently contribute to the loss of prime and unique. agricultural lands j
directly or indirectly.
Often these losses are unintentional and are not necessarily related to acecmplishing the agency mission.
On August 30, 1976, CEQ, in cooperation with the Department of Agriculture, issued a memorandum to the heads of federal agencias on the need for analysis of prime or unique farmlands in the preparation and review of environmental 6 pact statements. The memorandum also recommended steps f or agencies to take in making such analyses.
Since that nemorandum was issued, federal agencies' environmental i= pact statements have begun to include Yef erences to the presence of prime or unique farmlands that vould be affected by the proposed federal action.
Moreover, they have clearly indicated that many federal and federally assisted proj ects have direct and indirect adverse i= pacts on prime or unique far= lands.
j Recent studies by the Council and the General Accounting Office indicate that federal agencies have not adequately accounted for the impacts of their proposed actions on agricultural land through the environmental assessment process.
Furthermore, agency ptoj ect plans and decisions have frequently not reflected the need and oppcrtunities to protect these lands.
The purpose of this memorandum is to alert federal agencies to the need and the opportunities to analyze agricultural land impacts more eff ectively in the proj ect planning process and under the National Invironmental Policy Act (NZ?A).
Agencies can substantially improve their analysis of impacts on prime or unique agricultural lands by following clesely our recently established NE?A regulations (40 C.T.R.1500-1508, Nov. 29, 197_8 L The _.
regulations apply. to these lands in several specific respects.
Determining the effects of a proposed federal agency action on prime or unique As used in this memorandum, prime and unique agricultural land is cropland, pastureland, rangeland, forest land or other land, but not urban built-up land, which is capable of being used as prime and unique f ar= land as defined by'the Department of Agriculture (see attachment).
2 agricul: ural lands =ust be an in:egral part of the environmental assessment process, and must be a factor in deciding whether or not to prepare an environmental impact s tat e=en t. Tor example, when an agency begins planning any action, it should, in the development of al:ernative actions, assess whether the alternatives vill affect pri=e or unique agricultural lands.
Then, recognizing the i=portance of these lands and any signifi-cant ispacts that might affect them, it must study, develop, and describe appropriate alternative uses of available resources.
(S ec. 1501.2 (c). )
In determining whether to prepare an environmental impact statement, the regulations note that the " Unique characteristics of the geographic area ruch as... prime f armlands..." (Sec. 1508.27(b)(3)) must be considered, among others.
If an agency determines that a proposal may significantly affect the quality of the human environment, it must initiate the scoping process (Sec.1501.7) to identify those issues, J
including effects on prime or unique agricultural lands, that vill be analyzed and considered, along with the alternatives available to avoid or mitigate adverse eff ects. An environmental impact statement must include a description of the area that vill be affected by the proposed action (Sec. 1502.15) and an analysis of the environmental consequences of :he proposal, including a discussion of " natural or depletable resource requirements and conservation potential of various alternative and nitigation measures" (Sec. 1502.16(f)).
These resource requirements include pri=e or unique agricultural lands.
The effects to be studied encompass indirect ef f ects tha: =ay include " growth inducing eff ects and other eff ects related to induced changes in the pattern of land use..."
(Sec. 1508.8(b)).
The cumulative effects of a proposal =ust be studied (Sees.1508.7,1508.8(b)), as mus: any mitigation =casures that could be taken to lessen the impact on pri=e or unique agricultural lands (Sees.
1505. 2 (c), 1508. 20). Agencies =ust also coopera:e with state or local i
governments in their efforts to help retain these lands.
(Sees. 1502.16(c),
1506.2(d).)
Federal agencies with technical data on :he occurrence, value, or potential i= pacts of federal actions on these lands vill provide the
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1ead agency with data that may be useful in preparing environmental t
assessments or impact stat ement s.
The U.S. Department of Agriculture i
vill cooperate vi:h all agencies in planning proj ects or developments, in assessing i= pacts on prime or unique agricultural lands, and in defining alternatives.
Technical data and assis:ance regarding agricultural land may be obtained by contacting :he Chairperson of the USDA Land Use l
Com=1::ee (list attached) or any USDA office.
In addition to providing technical data and assistance, the USDA vill continue to es,hasise the review of IISs on f ederal actions likely to have significant effects on pri=e and unique farmlands.
Under See:1on 1504 of the regulations, 11SDA should refer to CIQ those preposed federal actions which it believes will be environmentally unsatisfae:ory because of unacceptable effects on prime or unique farmlands.
CIQ vill review such ref errals, and take cecessary s:aps in accordance with Section 1504 of our regulations.
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3 3ecause prime and unique agricultural lands are a li:nited and valuable resource, the Council urges all agencies to make a particularly careful effort to apply the goals and policies of the National Environmental Policy Act to their actions and to obtain necessary assistance in their planning processes so that these lands vill be maintained to meet our current national needs and the needs of future generations of Americans.
e GUS S?EIH Chairman Attachments
U.S. Dsport= tut of Agriculturo 5:a:e Land Uso f
Coeni: tee Chairpersons Mr. William B. Lingle Mr. Otis D. Tincher Sca:e Ccnserva:ionist State Conservationist Soil Conservation Service Soil Conservation Service 204 Tre'dway Towers P.O. Box 311 a
Auburn, Alaba=a 36830 9 East Locker =an Street Dover, Delaware 19901 Mr. Marvin C. Meier Dire::dr, Sca:e and ?rivate Terestry Mr. W1111a= E. Austin
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'2221 I. Northeurtights Blvd...
-..... seire ConservacTonist Box 6606 Soil 6enservation Se'+1ce " '~
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r Anchorage, Alaska 99502 P.O. Box 1208 Cainesv111e, Tierida' 32601 Mr. Thomas G. Rockenbaugh S:a:e Conservationist Mr. Dwight Treadway Scace Consefvationist soil Conservation Service Federal 31dg., Rm. 3008 Soil Conservation Service 230 N. First Screet P.O. Sex 832 Phoenix, Arizona 85025 Athens, Georgia 30601 Mr. M. J. Spears Mr. Jack P. Kanal:
State Conservationist State Conserva:1onist Soil Conservation Service Soil Conservation Service
?.0. Box 2323 P.O. Sex 50004 L1::le Rock, Arkansas 72203 Honolulu, Hawaii 96350 Mr. Janes H. Hansen Mr. Randall Johnson State Resource Conserva:icnist Tarners Hcme Adninistration Soil Conservation Service U.S. Departnent of Agriculture 2c28 Chiles Road 304 North Eighth S:reet P.O. Box 1019 Boise, Idaho S3702 Davis, California 95616 Mr. Warren J. 71::,serald Mr. Shelden G. Boone State Conservationist State Conservationist soil Conservation Service Soil Conservation Service P.O. Box 678 P.O. Box 17107 Ch'ampaign, Illinois 61820 Denver, Colorado 80217 Mr. Roberr 3oll=an Ms. Maria Maiorana Russell Assis: ant Sta:e Conserva:ionist Assistant Director Soil Conservation Service Com= uni:y Resource & Staff Dev.
5610 Crawfor'dsville Road, Sui:e 2200 Cooperative Extension Service Indianapolis, Indiana 46224 Universi:y of Connecticut Sto rrs, Connecticut 06268
Mr. Rollin Swank Dr. Raleigh 3arlowe Assistant State Conservationist 323 Natural Resources Bldg.
Soil Conservation Service Michigan State University i
693 7ederal 31dg.
East Lansing, Michigan 48824 210 Walnut Street Des Moines, Iowa 50309 Mr. Harry M. Major State Conservationist Mr. Jo,hn U. Tippie Soil Conservation Service State Conservationist.
316 North. Robert Street i
760 South 3 roadway
' St. Paul, Minnesota 55101
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?.0. Box 600 Salina, Kansas 67401 Mr. Billy C. Griffin Deputy Scace Conservationist Mr. Glen I. Murray Soil Conservation Service State Conservationist P.O. Box 610 Soil Conservation Service Jackson, Mississippi 39205 333 Waller Avenue Lexington, Kentucky 40504 Mr. Kenneth G. McManus State Conservationist Dr. Floyd L. Corey Soil Conservation Service Ag. Econ & Agribusiness 555 Vandiver Drive Louisiana State University P.O. Box 459 Satan Rouge, Louisiana 70803 Columbia, Missouri 65201 Mr. Eddie L. Wood Mr. Van K. Haderlie State Conservationist State Conservationist Soil Conservation Service Soil Conservation Service USDA 31ds., Univ. of Maine Pederal 31dg.
Orono, Maine 04473
?.0 Sox 970 Bozeman, Montana 59715 Mr. Gerald R. Calhoun State Conservationist Mr. Russell Schultz Soil Conservation Service Soil Conservatten Service Rm. 522, Hartwick 31dg.
Pederal 31dg.
4321 Hartwick Road '
U.S. Courthouse, Rn. 345 College ? ark, Maryland 20740 Lincoln, Nebraska 68508 Dr. Gene McMurtry P. Gerald C. Thola Assoc. Dir., Coop. Ext. Service State Conservationis:
Stockbirdge Hall, Rm. 211 Soil Conservation Service University of Massachusetts P.O. Sex 4850 Amherst, Massachusetts 01003 Reno, Nevada 89505'
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Mr. Roser Leighton Mr. Bobby T. Birdwell James Hall Soil Conservation Service l
University of New Rampshire Agricultural Center Office Bldg.
Durham, New Ha=pshire 03824 7 arm Road ~& 3rumley Street Stillva'ter, Oklahona 74074 Mr. Placer T. Campbell Scace Conservationist Mr. Guy Nutt Soil Conservation Service State Conservationist 1370 Ermilton Street Soil Conservatten Service s
I 7ederal Bldg.,16th Floor P.O. Box 219 Somerset, New Jersey 08873 1220 SW Third Avenue Portland, Oregon 97204 1
Mr. Thomas G. Schmeckpeper
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Deputy Regional Forester Mr. Thomas 3. King l
Associate D1 rector U.S. Forest Service R=. 5424, Federal 31dg.
Cooperative Extension Service
$17 Gold Avenue, S.W.
The Pennsylvania State University
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Albuquerque, N.M.
87102 323 Agricultural Admin. 31dg.
University Park, ?ennsylvania 16302 l
Mr. Robert L. Hilliard State Conservationist Mr. Richard 7. Kenyon i
Soil Conservation Service State Executive Directo" f
U.S. Courthouse & Tederal 31ds.
Agricultural Stabilisation and 100 South Clinton St.,
Rm. 771 Conservation Service Syracuse, New York 13260 222 Quaker Lane i
West Warwick, Rhode Island 02893 i
Mr. Mitchell E. Clary l
Assistant State Conservationist Mr. K.G. Smith l
Soil Conservation Service State Director
?.0. 3cx 27307 Far=ers Home Administration
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Raleigh, North Carolina 27611 240 Stoneridge Drive l
' Columbia, South Carolina 29210 l
t Mr. Sylvester C. Ikart Chairman Mr. Wayne D. Testerman i
North Dakota Land Use Comm.
State Executive Director iederal 31dg.
Agricultural Stabilization and P.O. 3ex 1453 Conservation Service i
3ismarck, North Dakota 58501 200 Tourth Street, S.W.
7ederal Bldg., Rm. 210 i
Euron, South Dakota 57350 i
Hr. Roberr R. Shav i
State Conservationist j
Soil Conservation Service Dr. M. Lleyd Devnen.
Federal 31dg., Rm. 522 Director, Agricultural Extension 200 N. High Street University of Tennessee i
Columbus, Ohio 43215 P.O. Box 1071 l
Knerville, Tennessee 37901 l
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Mr. George C. Marks S:a:e Conserva:ionist Soil Conserva:1on Service P.O. Sex 648 l
Temple, Texas 76501 i
Reed Page State Director of :he Farders Rece Adminis: ration 125 Sou:h State St., Rs. 5434 Salt Lake City, Utah 84138 i
Mr. Coy Garret:
State Conservationist Soil Conserva: ion Service One Surlington Square, Suite 205 Burling:en, Vermont 05401 Mr. Manly S. Wilder l
Sta:e Conservationist Seil Conservation Service 400 North Eighth Street P.O. Box 10026 Richmond, Virginia 23240 Mr. Lester N. Liebel j
?
Ext. Rural Development Coord.
Coopera: ion Extension Service Washington Sca:e University 417, Ag. Phase II i
Pull:an, Washing:en 99163 i
t Mr. Craig M. Right State Conservationis:
Soil Conservation Service
?.0. 3cx $65 1
Morgan:evn, West Virginia 26505 l
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Mr. Jerece C. Hytry i
S: ace Conservationist Soil Conservacion Service 4601 Ra==ersley Road f
Skdison, Wisconsin 53711 Mr. Rober: W. Cobb Assistant State Conservationisc Soil Conservation Service l
?.0. Sex 2440 Casper, Nyeming 82601
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PART 657 - PRIME AND UNIQUE FARMLANDS Suboar A - Imoer: ant Farmlands Inventerv 637.5 !dentific'ation of important f armlands.
Authority: 16 U.S.C. 390a-f, q; 7 CFR 2.62; Pub. L. 95-87; 42 U.S.C.
4321 et seg.
I 637.5 Identification of irnportant f armlands.
(a) Prime f armlands.
(1) General. Prime f armland is land that has the best combination of physical and chemical characteristics foi producing food, feed, forage, fiber, and oilseed crops, and is also available for these uses (the land could be cropland, pastureland, rangeland, forest land, or other land, but not urban built-up land or water). It has the soll quality, growing season, and moisture. supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according
- o acceptable f arming methocs. In general, prime farmlands have an ade-quate and dependable water supply from precipitation er irrigation, a favor-able temperature and growing season, acceptable acidity or alkalinity, acceptable sa!: and sodium content, and f ew or no rocks. They are per-meable to water and air. Prime f a'rmlands are not excessively erodible or saturatec with water for a long period of time, and they eitner do not flood frequently or are protected from flooding. Examples of soils that qualify as prime farmland are Palouse silt loam, O to 7 percent slopes; Brooksten silty clay loam, drained; and Tama silty clay loam, O to 5 percent i
slopes.
(2) Soecific criteria. Prime f armlands meet all the following criteria:
i Terms usec in inis section are defined in USDA publications: Soil Taxenemy, Agriculture Handbook 436"; "Soll Suryey Manual, Agriculture Handbook 18"; "Rainf all-Erosion Losses from Cropland, Agriculture Hand-
- ocok 282"; "Tind Erosion Forces in the United States and Their Use in Predicting Soil Loss, Agriculture Handbook 346"; and " Saline and Alkali l
Soils, Agriculture Handbook 60."
j (i) The soils have:
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Federal Regis*e.
Vol. 43 No. 2. l January 31. 197!
Pages40304032l r
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(A) Aquie, udie, ustic, or xeric mois:ure regimes and sufficient avail-able water capacity wi:hin a depth of 40 inches (1 meter), or in the root zerie (root zone is the part of the soil that is pene: rated or can be penetrated by plant roots)if the root zone is less than 40 inches deep, to produce the commonly grown cultivated crops (cultivated crops include, but are not limited to, grain, f orage, fiber, oilseed, sugar beets, sugarcane, vegetables, tobacco, orchard, vineyard, and bush fruit crops) adcpted to the region in 7 or more years out of 10; or (S) Xeric or us:ic moisture regimes in which the available water caoacity,is limi.ted. but the areaAas_a.deyelopeblirrigation water supMy thht irtependable.(a dependable water supply is, one..in which enough water is available for irrigation in 8 out of 10 years for the crops commonly grown) and of adequate qualityt or, (C) Aridic er terric moisture regimes and the area has a developed irrigation water supply that is dependable and of adequate quality; and, (ii) The soils have a temperature regime : hat is frigid, mesic, thermic, or hyperthermic (pergeJJe and cryic fegimes are excluded). T.hese are soils that, at a depty of 2g inches 00 cm), have a mean annual temperature higner than 32 F (O C). In addition, the mean sumrrger tegperature at this dep:h in soils with en O horizon is higher :han 47 F(3 C); in soils have no O horizon, the mean summer tempera:ure is higher than thg:F (13g 59 C); and, (iii) The soils have a pH between 4.3 and 8.4 in all horizons wi:hin a depth of 20 inches (1 meter) er in the root zone if the root zone is less than 40 inches deep; and, (ivi The soils either have no water table or have a water table that is main ued at a suffi$ tnt depth during the cropping season to allow cultivated crops comm;
- o the area to se grown; and, (v) The soils can be managed so that, in all horizons within a depth of 40 inches (1 meter) or in the root zone if the root zone is less than 40 inches deep, during part of each year the conductivity of the satura: ion extract is less than 4 mmhos/cm and the exchangable sodium percentage (ESP) is less than 13; and, (vi) The soils are not flooded frequently during the growing season (less of ten :han once in 2 years); and, (vii) The product of K (erodibility f actor) x percent slope is less :han 2.0, and the preduct of I (soils erodibility) x C (climatic f actor) does not exceed 60; and (viii) The soils have a permeability rate of at least 0.06 inch (0.13 cm) per hour in the upper 20 inches (30 cm) and the,mean annual soil temper-ature at a depth of 20 inches (30 cm)is less than 39 F (13 C); the per-is 39,ility rgte is not a !!miting f actor if the mean annual soil, temperature meab F (13 C) or higher; and, (ix) Less than 10 percent of the surf ace layer (upper 6 inches)in these soils consists of rock fragments coarser than 3 inches (7.6 cm).
(b) Unioue farmland.
(1) Generaj. Unique f armland is land other :han prime far,taland that is used for tne production of specific high value food and fiber crops. It has the special combination of soil quality, location, growing season,?and moisture supply needed to economically produce sustained high quality and/or high yields of a specific crop when treated and managed according to acceptable f arming methods. Examples of such crops are citrus, tree nuts, olives, cranberries, fruit, and vegetables.
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(2) Soecific characteristics of unicue f armland.
(i)is use:1or a specuac n4gn-value fcoo or ficer crop.
(ii) Has a moisture supply that is adequate for.'the specific crop.
The supply is from s:ored moisture, precipita: ion, or a developed irrigation system.
(iii) Combines f avorable f actors of soli quality, growing seuen, temper.
ature, humidity, air drainage, elevation, aspect, or other conditions, such as nearness,to market, tha,t f avor the growth of a specific food or fiber
-~' drop.
(c) Additional f armland of statewide imoortance. This is land, in addition to prime and uruque f armlands, that is of statewide importance for the production of food, feed, fiber, forage, and oilseed crops. Criteria for defining and delineating this land are to be determined by the appropri-ate State agency or agencies. Generally, additional f armlands of statewide importance include thesaiha: are nearly prime f armland and that economi-t cally produce high yields'of crops when treated and managed according to acceptable farming methods. Some may produce as high a yield as prime f armlands if conditions are favorable. In some States, additional f armlands of statewide importance may itclude tracts of land that have been desig-nated for agriculture by State lav.
(d) Additional f armland of locs! imoortance. In some local areas there is concern for certaan accitzenal f armlancs for the production of food, feed, fiber, forage, and oilseed crops, even though these lands are not identified as having national or statewide importance. There appro-priate, these lands are to be identified by the loca! agency or agencies concerned. In places, additional f armlands of local imper:ance may include
- racts of land that have been designated for agriculture by local ordinance.
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