Prescribing Compatible Uses. (1) All CUAs must be in writing and supported by a technical determination in the case file that clearly documents the basis of activities considered to meet compatibility requirements and guidelines for implementation. (i) NRCS will provide the FWS, conservation district, and State wildlife agency the opportunity to provide input, but the details of CUAs are determined by NRCS at its sole discretion. (ii) Place materials provided by these partners in the case file; if no input is provided, document that their input was sought. (2) The decision to authorize a compatible use is subject to requirements of the National Environmental Policy Act (NEPA). The State Conservationist must document the case file accordingly. When evaluating the effects an action will have on the project, a determination of “no adverse impact” is insufficient justification for authorizing an activity. The State Conservationist must document how the activity furthers the long-term protection and enhancement of the wetland functions and values of the site, including the effect on habitat for migratory birds, at-risk species, and threatened or endangered species. (3) A CUA will specifically describe the allowed use in terms of the following: (i) The person requesting the compatible use (ii) Authorized activity being requested (iii) A description of the land to be utilized (iv) The conditions of the site when the compatible use was requested (v) A statement of effect and compatibility
Appears in 4 contracts
Samples: Cooperative Agreement, Cooperative Agreement, Cooperative Agreement
