cfr_sections
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
9 rows where part_number = 63 and title_number = 28 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 28:28:2.0.1.1.19.0.1.1 | 28 | Judicial Administration | I | 63 | PART 63—FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION PROCEDURES | § 63.1 Purpose. | DOJ | These guidelines set forth procedures to be followed by the Department of Justice to implement Executive Order 11988 (Floodplain Management) and Executive Order 11990 (Protection of Wetlands). (The Orders.) | |||||||
| 28:28:2.0.1.1.19.0.1.2 | 28 | Judicial Administration | I | 63 | PART 63—FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION PROCEDURES | § 63.2 Policy. | DOJ | (a) It is the Department of Justice's policy to avoid to the extent possible the long and short term adverse impacts associated with the destruction or modification of wetlands and floodplains and to avoid direct or indirect support of new construction in floodplains and wetlands whenever there is a practicable alternative. The Department will provide leadership and take affirmative action to carry out the Orders. (b) It is the Department of Justice's intention to integrate these procedures with those required under statutes protecting the environment, such as the National Environmental Policy Act (NEPA). Whenever possible, the procedures detailed herein should be coordinated with other required documents, such as the environmental impact statement (EIS) or environmental assessment required under NEPA, so that unnecessary paperwork can be eliminated. | |||||||
| 28:28:2.0.1.1.19.0.1.3 | 28 | Judicial Administration | I | 63 | PART 63—FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION PROCEDURES | § 63.3 References. | DOJ | (a) Unified National Program for Floodplain Management, Water Resources Council, which is incorporated in these guidelines. (b) Water Resources Council Floodplain Management Guidelines, Water Resources Council, 1978 (43 FR 6030). (c) National Flood Insurance Act of 1968, as amended (42 U.S.C. 4001 et seq. ) and NFIP criteria (44 CFR part 59 et seq. ). (d) Flood Disaster Protection Act of 1973 (Pub. L. 93-234, 87 Stat. 975). (e) National Environmental Policy Act of 1969, as amended (43 U.S.C. 4321 et seq. ) (NEPA). | |||||||
| 28:28:2.0.1.1.19.0.1.4 | 28 | Judicial Administration | I | 63 | PART 63—FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION PROCEDURES | § 63.4 Definitions. | DOJ | Throughout this part, the following basic definitions shall apply: (a) Action —any Federal activity including: (1) Acquiring, managing and disposing of Federal lands and facilities; (2) Providing federally undertaken, financed, or assisted construction and improvements; and (3) Conducting Federal activities and program affecting land use, including but not limited to water and related land resources planning, regulating, and licensing activities. (b) Agency —an executive department, a government corporation, or an independent establishment and includes the military departments. (c) Base flood —that flood which has a one percent chance of occurrence in any given year (also known as a 100-year flood ). (This term is used in the National Flood Insurance Program (NFIP) to indicate the minimum level of flooding to be used by a community in its floodplain management regulations.) (d) Base floodplain —the 100-year floodplain (one percent chance floodplain). Also see definition of floodplain. (e) Channel —a natural or artificial watercourse of perceptible extent, with a definite bed and banks to confine and conduct continuously or periodically flowing water. (f) Critical action —any activity for which even a slight chance of flooding would be too great. (g) Facility —any man-made or man-placed item other than a structure. (h) Flood or flooding —a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland and/or tidal waters, and/or the usual and rapid accumulation or runoff of surface waters from any source. (i) Flood fringe —that portion of the floodplain outside of the regulatory floodway (often referred to as “floodway fringe”). (j) Floodplain —the lowland and relatively flat areas adjoining inland and coastal waters including floodprone areas of offshore islands, including at a minimum, that area subject to a one percent or greater chance of flooding in any given year. The base floodplain shall be used to designate the 100-year floo… | |||||||
| 28:28:2.0.1.1.19.0.1.5 | 28 | Judicial Administration | I | 63 | PART 63—FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION PROCEDURES | § 63.5 Responsibilities. | DOJ | (a) The Assistant Attorney General, Land and Natural Resources Division, (1) Has overall responsibility for ensuring that the Department's responsibilities for complying with the Orders are carried out, (2) Will ensure that the Water Resources Council, the Council on Environmental Quality, and the Federal Insurance Agency (FIA) are kept informed of the Department's execution of the Orders, as necessary, and (3) Will determine, and revise on a continuing basis, which components of the Department should take further steps, such as the promulgation of program specific procedures, to comply with the Orders. Considerations for making this selection are whether a component: (i) Acquires, manages, and disposes of federal lands and facilities; (ii) Provides federally undertaken, financed or assisted construction and improvements; (iii) Conducts federal activities and programs affecting land use, including but not limited to water and related land resources planning, regulating, and licensing activities; (iv) Reviews and approves component procedures for complying with the Orders; (b) The heads of offices, boards, bureaus and divisions, (1) Are responsible for preparing program specific guidelines or procedures, where necessary, to comply with the Orders and for updating these procedures, as required, (2) Will maintain general supervision over any new construction planning within the office, board, bureau, or division to see that the policy considerations and procedural requirements contained herein are followed in the planning process, (3) Will furnish, with all requests for new authorizations or appropriations for proposals to be located in floodplains or wetlands, a statement that the proposal is in accord with the Orders, (4) Will provide information to applicants for licenses, permits, loans or grants in areas in which floodplain and wetland requirements may have to be met, (5) Will provide conspicuous notice of past flood damage and potential flood hazard on structures under the component's control and … | |||||||
| 28:28:2.0.1.1.19.0.1.6 | 28 | Judicial Administration | I | 63 | PART 63—FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION PROCEDURES | § 63.6 Procedures. | DOJ | Prior to taking any action, as defined in § 63.4(a) of this part, an office, board, bureau or division shall: (a) Determine whether the proposed action is located in a wetland and/or the 100-year floodplain (or the 500-year floodplain for critical actions) and determine whether the proposed action has the potential to affect or be affected by a floodplain or wetland. The determination concerning location in a floodplain or wetland shall be performed in accordance with § 63.7 of this part. For actions which are in both a floodplain and wetland, the wetland should be considered as one of the natural and beneficial values of the floodplain. (b) Notify the public at the earliest possible time of the intent to carry out the action affecting or affected by a floodplain or wetland, and involve the broadest affected and interested public in the decisionmaking process. At a minimum, all notices shall be published in the newspaper serving the project area that has the widest circulation and shall be distributed through the A-95 review process if subject to that process. In addition, notices of actions shall be published in the Federal Register, if so required by the Assistant Attorney General, Land and Natural Resources Division, or by law. For certain actions, notice may entail other audiences and means of distribution. All actions shall be reviewed according to the following criteria to determine the appropriate audience for and means of notification beyond those required above: Scale of action, potential for controversy, degree of public need for the action, number of affected persons, and anticipated potential impacts. Each notice shall include the following: A statement of the purpose of and a description of the proposed action, a map of the general area clearly delineating the action's locale and its relationship to its environs, a statement that it has been determined to be located in or that it affects a floodplain or wetland, a statement of intent to avoid the floodplain or wetland where practicable, and to mi… | |||||||
| 28:28:2.0.1.1.19.0.1.7 | 28 | Judicial Administration | I | 63 | PART 63—FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION PROCEDURES | § 63.7 Determination of location. | DOJ | (a) In order to determine whether an action is located on or affects a floodplain, the component shall: (1) Consult the FIA Flood Insurance Rate Map (FIRM) and the Flood Insurance Study (FIS); or (2) If a detailed map (FIRM) is not available, consult an FIA Flood Hazard Boundary Map (FHBM); or (3) If data on flood elevations, floodways, or coastal high hazard areas are needed, or if none of the maps delineates the flood hazard boundaries in the vicinity of the proposed site, seek detailed information and assistance as necessary and appropriate from the Department of Agriculture's Soil Conservation Service, the Army Corps of Engineers, the National Oceanic and Atmospheric Administration, the Federal Emergency Management Agency's Regional Offices/Division of Insurance and Hazard Mitigation, the Department of the Interior's Geological Survey, Bureau of Land Management, and Bureau of Reclamation, the Tennessee Valley Authority, the Delaware River Basin Commission, the Susquehanna River Basin Commission, individual states and/or land administering agencies; or (4) If the sources listed above do not have or know of the information necessary to comply with the Orders' requirements, seek, as permitted by law, the services of a federal or other engineer experienced in this work to (i) Locate the site and the limits of the coastal high hazard area, floodway and of the applicable floodplain, and (ii) Determine base flood elevations. (b) In the absence of a finding to the contrary, the component shall assume that action involving a facility or structure that has been flooded in a major disaster or emergency is in the applicable floodplain for the site of the proposed action. (c) In order to determine whether an action is located on or affects a wetland, the component shall: (1) Consult with the United States Fish and Wildlife Service (FWS) for information concerning the location, scale and type of wetlands within the area which could be affected by the proposed action; or (2) If the FWS does not have adequate i… | |||||||
| 28:28:2.0.1.1.19.0.1.8 | 28 | Judicial Administration | I | 63 | PART 63—FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION PROCEDURES | § 63.8 Implementation. | DOJ | Agencies and divisions within the Department of Justice shall amend existing regulations and procedures, as appropriate, to incorporate the policy and procedures set forth in these guidelines. Such amendments will be made within 6 months of final publication of these guidelines. | |||||||
| 28:28:2.0.1.1.19.0.1.9 | 28 | Judicial Administration | I | 63 | PART 63—FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION PROCEDURES | § 63.9 Exception. | DOJ | Nothing in these guidelines shall apply to assistance provided for emergency work essential to save lives and protect property and public health and safety performed pursuant to sections 305 and 306 of the Disaster Relief Act of 1974 (88 Stat. 148, 42 U.S.C. 5145 and 5146). |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);