18 CFR 725.3 – Applicability
These regulations apply to all Council actions which have the potential to affect floodplains or wetlands or which would be subject to potential harm if they were located in floodplains or wetlands. The basic test of the potential of an action to affect floodplains or wetlands is the action’s potential to result in the long- or short-term adverse impacts associated with:
(a) The occupancy or modification of floodplains, or the direct and indirect support of floodplain development; or
(b) The destruction or modification of wetlands or the direct or indirect support of new construction in wetlands.