---
kind: "section"
citation: "10 C.F.R. § 1022.11"
title: "10"
number: "1022.11"
heading: "Floodplain or wetland determination."
url: "https://uscodex.org/cfr/10/1022.11"
---

# §1022.11. Floodplain or wetland determination.

- (a) Concurrent with its review of a proposed action to determine appropriate NEPA or CERCLA process requirements, DOE shall determine the applicability of the floodplain management and wetland protection requirements of this part.
- (b) DOE shall determine whether a proposed action would be located within a base or critical action floodplain consistent with the most authoritative information available relative to site conditions from the following sources, as appropriate:
  - (1) Flood Insurance Rate Maps or Flood Hazard Boundary Maps prepared by FEMA;
  - (2) Information from a land-administering agency (e.g., Bureau of Land Management) or from other government agencies with floodplain-determination expertise (e.g., U.S. Army Corps of Engineers, Natural Resources Conservation Service);
  - (3) Information contained in safety basis documents as defined at [10 CFR part 830](/cfr/10/part830.md); and
  - (4) DOE environmental documents, e.g., NEPA and CERCLA documents.
- (c) DOE shall determine whether a proposed action would be located within a wetland consistent with the most authoritative information available relative to site conditions from the following sources, as appropriate:
  - (1) U.S. Army Corps of Engineers “Wetlands Delineation Manual,” Wetlands Research Program Technical Report Y-87-1, January 1987, or successor document;
  - (2) U.S. Fish and Wildlife Service National Wetlands Inventory or other government-sponsored wetland or land-use inventories;
  - (3) U.S. Department of Agriculture Natural Resources Conservation Service Local Identification Maps;
  - (4) U.S. Geological Survey Topographic Maps; and
  - (5) DOE environmental documents, e.g., NEPA and CERCLA documents.
- (d) Pursuant to [§ 1022.5](/cfr/10/1022.5.md) of this part and paragraphs [(b)](#b) and [(c)](#c) of this section, DOE shall prepare:
  - (1) A floodplain assessment for any proposed floodplain action in the base floodplain or for any proposed floodplain action that is a critical action located in the critical action floodplain; or
  - (2) **A wetland assessment for any proposed wetland action.**

## Notes

### Authority

Authority: 42 U.S.C. 7101 et seq.; 50 U.S.C. 2401 et seq.; E.O. 11988, 42 FR 26951, 3 CFR, 1977 Comp., p. 117; E.O. 11990, 42 FR 26961, 3 CFR, 1977 Comp., p. 121; E.O. 12372, 47 FR 30959, 3 CFR, 1982 Comp., p. 197.

### Source

Source: 68 FR 51432, Aug. 27, 2003, unless otherwise noted.