A.9. 3.3 Executive Order 11988 of 1977, “Floodplain Management”

This Executive Order states that “direct or indirect support of floodplain development must be avoided whenever there is a practical alternative.” The BLM Manual 7221 states that “Long and short-term adverse impacts on natural and beneficial floodplains functions associated with the use and modification of floodplains must be avoided, to the extent possible; and actions causing definable adverse impacts (long or short-term) to the natural and beneficial floodplain functions must include protection, minimization of damage, restoration, and preservation measures.” The 1979 manual guidance is somewhat outdated, as it refers to unit resource analysis (URA), a management framework plan (MFP), and some BLM planning and environmental assessment guidance more recently updated, but the basic processes and guidance are still applicable. The resource area plans do not contain floodplain identification. The guidance refers to the appropriate official (BLM hydrologist) to identify the base (100-year chance of a flood) and/or critical (500-year chance of a flood) floodplain in relation to the location of the proposed action. This identification must extend upstream and downstream beyond the boundaries of the proposed action far enough to permit an analysis of the impacts that the proposal may have on the floodplain functions beyond the project boundary. Also, the public must be afforded an opportunity to be involved in the decisionmaking process for all actions within a floodplain or that may impact it. The difference in restrictions for addressing proposed actions within base versus critical floodplains is somewhat lacking. However, for actions within base floodplains, the BLM will make a determination whether the proposed action will be located there. In critical floodplains, only critical actions will be identified and analyzed according to the BLM environmental assessment process. Oil and gas activity, especially that which involves major surface-disturbing activity, qualifies as critical action and should be assessed appropriately within a critical floodplain. The guidance does not state that the BLM cannot authorize actions within floodplains, but it does state that mitigation and restoration measures must be completed for each alternative considered.