[Code of Federal Regulations]
[Title 7 Volume 11]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1794]
[Page 1189-1205]
TITLE 7--AGRICULTURE
CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE
PART 1794_ENVIRONMENTAL POLICIES AND PROCEDURES--Table of Contents
Subpart A_General
Sec.
1794.1 Purpose.
1794.2 Authority.
1794.3 Actions requiring environmental review.
1794.4 Metric units.
1794.5 Responsible officials.
1794.6 Definitions.
1794.7 Guidance.
1794.8-1794.9 [Reserved]
[[Page 1190]]
Subpart B_Implementation of the National Environmental Policy Act
1794.10 Applicant responsibilities.
1794.11 Apply NEPA early in the planning process.
1794.12 Consideration of alternatives.
1794.13 Public involvement.
1794.14 Interagency involvement and coordination.
1794.15 Limitations on actions during the NEPA process.
1794.16 Tiering.
1794.17 Mitigation.
1794.18-1794.19 [Reserved]
Subpart C_Classification of Proposals
1794.20 Control.
1794.21 Categorically excluded proposals without an ER.
1794.22 Categorically excluded proposals requiring an ER.
1794.23 Proposals normally requiring an EA.
1794.24 Proposals normally requiring an EA with scoping.
1794.25 Proposals normally requiring an EIS.
1794.26-1794.29 [Reserved]
Subpart D_Procedure for Categorical Exclusions
1794.30 General.
1794.31 Classification.
1794.32 Environmental report.
1794.33 Agency action.
1794.34-1794.39 [Reserved]
Subpart E_Procedure for Environmental Assessments
1794.40 General.
1794.41 Document requirements.
1794.42 Notice of availability.
1794.43 Agency finding.
1794.44 Timing of agency action.
1794.45-1794.49 [Reserved]
Subpart F_Procedure for Environmental Assessments With Scoping
1794.50 Normal sequence.
1794.51 Preparation for scoping.
1794.52 Scoping meetings.
1794.53 Environmental analysis.
1794.54 Agency determination.
1794.55-1794.59 [Reserved]
Subpart G_Procedure for Environmental Impact Statements
1794.60 Normal sequence.
1794.61 Environmental impact statement.
1794.62 Supplemental EIS.
1794.63 Record of decision.
1794.64 Timing of agency action.
1794.65-1794.69 [Reserved]
Subpart H_Adoption of Environmental Documents
1794.70 General.
1794.71 Adoption of an EA.
1794.72 Adoption of an EIS.
1794.73 Timing of agency action.
1794.74 Incorporation of environmental materials.
1794.75-1794.79 [Reserved]
Authority: 7 U.S.C. 6941 et seq., 42 U.S.C. 4321 et seq.; 40 CFR
Parts 1500-1508.
Source: 63 FR 68655, Dec. 11, 1998, unless otherwise noted.
Subpart A_General
Sec. 1794.1 Purpose.
(a) This part contains the policies and procedures of the Rural
Utilities Service (RUS) for implementing the requirements of the
National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C.
4321-4346); the Council on Environmental Quality (CEQ) Regulations for
Implementing the Procedural Provisions of NEPA (40 CFR parts 1500
through 1508) and certain related Federal environmental laws, statutes,
regulations, and Executive Orders (EO) that apply to RUS programs and
administrative actions.
(b) The policies and procedures contained in this part are intended
to help RUS officials make decisions that are based on an understanding
of environmental consequences, and take actions that protect, restore,
and enhance the environment. In assessing the potential environmental
impacts of its actions, RUS will consult early with appropriate Federal,
State, and local agencies and other organizations to provide decision-
makers with information on the issues that are truly significant to the
action in question.
Sec. 1794.2 Authority.
(a) This part derives its authority from and is intended to be
compliant with NEPA, CEQ Regulations for Implementing the Procedural
Provisions of NEPA, and other RUS regulations.
(b) Where practicable, RUS will use NEPA analysis and documents and
review procedures to integrate the requirements of related environmental
statutes, regulations, and orders.
(c) This part integrates the requirements of NEPA with other
planning
[[Page 1191]]
and environmental review procedures required by law, or by RUS practice
including but not limited to:
(1) Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
(2) The National Historic Preservation Act (16 U.S.C. 470 et seq.);
(3) Farmland Protection Policy Act (7 U.S.C. 4201 et seq.);
(4) E.O. 11593, Protection and Enhancement of the Cultural
Environment (3 CFR, 1971 Comp., p. 154);
(5) E.O. 11514, Protection and Enhancement of Environmental Quality
(3 CFR, 1970 Comp., p. 104);
(6) E.O. 11988, Floodplain Management (3 CFR, 1977 Comp., p. 117);
(7) E.O. 11990, Protection of Wetlands (3 CFR, 1977 Comp., p. 121);
and
(8) E.O. 12898, Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations (3 CFR, 1994 Comp., p.
859).
(d) Applicants are responsible for ensuring that proposed actions
are in compliance with all appropriate RUS requirements. Environmental
documents submitted by the applicant shall be prepared under the
oversight and guidance of RUS. RUS will evaluate and be responsible for
the accuracy of all information contained therein.
Sec. 1794.3 Actions requiring environmental review.
The provisions of this part apply to actions by RUS including the
approval of financial assistance pursuant to the Electric,
Telecommunications, and Water and Waste Programs, the disposal of
property held by RUS pursuant to such programs, and the issuance of new
or revised rules, regulations, and bulletins. Approvals provided by RUS
pursuant to loan contracts and security instruments, including approvals
of lien accommodations, are not actions for the purposes of this part
and the provisions of this part shall not apply to the exercise of such
approvals.
Sec. 1794.4 Metric units.
RUS normally will prepare environmental documents using non-metric
equivalents with one of the following two options; metric units in
parentheses immediately following the non-metric equivalents or a metric
conversion table as an appendix. Environmental documents prepared by or
for a RUS applicant should follow the same format.
Sec. 1794.5 Responsible officials.
The Administrator of RUS has the responsibility for Agency
compliance with all environmental laws, regulations, and EOs that apply
to RUS programs and administrative actions. Responsibility for ensuring
environmental compliance for actions taken by RUS has been delegated as
follows:
(a) Electric and telecommunications programs. The appropriate
Assistant Administrator is responsible for ensuring compliance with this
part for the respective programs.
(b) Water and waste program. The Assistant Administrator for this
program is responsible for ensuring compliance with this part at the
national level. The State Director is the responsible official for
ensuring compliance with this part for actions taken at the State Office
level.
Sec. 1794.6 Definitions.
The following definitions, as well as the definitions contained in
40 CFR part 1508 of the CEQ regulations, apply to the implementation of
this part:
Applicant. The organization applying for financial assistance or
other approval from either the Electric or Telecommunications programs
or the organization applying for a loan or grant from the Water and
Waste program.
Construction Work Plan (CWP). The document required by 7 CFR part
1710.
Distributed Generation. The generation of electricity by a
sufficiently small electric generating system as to allow
interconnection of the system near the point of service at distribution
voltages or customer voltages. A distributed generating system may be
fueled by any source, including but not limited to renewable energy
sources.
Emergency situation. A natural disaster or system failure that may
involve an immediate or imminent threat to public health, safety, or the
human environment.
Environmental Report (ER). The environmental documentation normally
submitted by applicants for proposed actions subject to compliance with
Sec. Sec. 1794.22 through 1794.24. An ER for the
[[Page 1192]]
Water and Waste Program refers to the environmental review documentation
normally included as part of the Preliminary Engineering Report.
Environmental review. Any one or all of the levels of environmental
analysis described under subpart C of this part.
Equivalent Dwelling Unit (EDU). Level of water or waste service
provided to a typical rural residential dwelling.
Important land resources. Defined pursuant to the U.S. Department of
Agriculture's Departmental Regulation 9500-3, Land Use Policy, as
important farmland, prime forestland, prime rangeland, wetlands, and
floodplains. Copies of this Departmental Regulation are available from
USDA, Rural Utilities Service, Washington, DC 20250.
Loan design. Document required by 7 CFR part 1737.
Multiplexing center. A field site where a telecommunications
provider houses a device that combines individual subscriber circuits
onto a single system for economical connection with a switching center.
The combiner, or ``multiplexer,'' may be mounted on a pole, on a
concrete pad, or in a partial or full enclosure such as a shelter, or
small building.
Natural Resource Management Guide. Inventory of natural resources,
land uses, and environmental factors specified by Federal, State, and
local authorities as deserving some degree of protection or special
consideration. The guide describes the standards or types of protection
that apply.
Preliminary Engineering Report (PER). Document required by 7 CFR
part 1780 for Water and Waste Programs. A PER is prepared by an
applicant's engineering consultant documenting a proposed action's
preliminary engineering plan and design and the applicable environmental
review activities as required in this part. Upon approval by RUS, the
PER, or a portion thereof, shall serve as the RUS environmental
document.
Supervisory Control and Data Acquisition System (SCADA). Electronic
monitoring and control equipment installed at electric substations and
switching stations.
Third party consultant. A party selected by RUS to prepare the EIS
for proposed actions described in Sec. 1794.25 where the applicant
initiating the proposal agrees to fund preparation of the document in
accordance with the provisions of 7 CFR Part 1789, ``Use of Consultants
Funded by Borrowers'' and Section 759A of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 2204b(b)).
[63 FR 68655, Dec. 11, 1998, as amended at 68 FR 45158, Aug. 1, 2003]
Sec. 1794.7 Guidance.
(a) Electric and Telecommunications Programs. For further guidance
in the preparation of public notices and environmental documents, RUS
has prepared a series of program specific guidance bulletins. RUS
Bulletin 1794A-600 provides guidance in preparing the ER for proposed
actions classified as categorical exclusions (CEs) (Sec. 1794.22(a));
RUS Bulletin 1794A-601 provides guidance in preparing the ER for
proposed actions which require EAs (Sec. 1794.23(b) and (c)); and RUS
Bulletin 1794A-603 provides guidance in conducting scoping for proposed
actions classified as requiring an EA with scoping or an EIS. Copies of
these bulletins are available upon request by contacting the Rural
Utilities Service, Publications Office, Program Development and
Regulatory Analysis, Stop 1522, 1400 Independence Avenue, SW.,
Washington, DC 20250-1522.
(b) Water and waste program. RUS Bulletin 1794A-602 provides
guidance in preparing the ER for proposed actions classified as CEs
(Sec. 1794.22(b)) and EAs (Sec. 1794.23(b)). A copy of this bulletin
is available upon request by contacting the appropriate State Director.
State Directors may provide supplemental guidance to meet state and
local laws and regulations and to provide for orderly application
procedures and efficient service to applicants. State Directors shall
obtain the Administrator's approval for all supplements to RUS Bulletin
1794A-602. Each State Office shall maintain an updated Natural Resource
Management Guide and provide applicants with pertinent sections or a
copy of the current edition thereof.
[63 FR 68655, Dec. 11, 1998, as amended at 68 FR 45158, Aug. 1, 2003]
[[Page 1193]]
Sec. Sec. 1794.8-1794.9 [Reserved]
Subpart B_Implementation of the National Environmental Policy Act
Sec. 1794.10 Applicant responsibilities.
As described in subpart C of this part, applicants shall prepare the
applicable environmental documentation concurrent with a proposed
action's engineering, planning, and design activities. RUS shall assist
applicants by outlining the types of information required and shall
provide guidance and oversight in the development of the documentation.
Documentation shall not be considered complete until all public review
periods, as applicable, have expired and RUS concurrence, as set forth
in the appropriate decision document and associated public notice, has
been issued.
Sec. 1794.11 Apply NEPA early in the planning process.
The environmental review process requires early coordination with
and involvement of RUS. Applicants should consult with RUS at the
earliest stages of planning for any proposal that may require RUS
action. For proposed actions that normally require an EIS, applicants
shall consult with RUS prior to obtaining the services of an
environmental consultant.
Sec. 1794.12 Consideration of alternatives.
In determining what are reasonable alternatives, RUS considers a
number of factors. These factors may include, but are not limited to,
the proposed action's size and scope, state of the technology, economic
considerations, legal and socioeconomic concerns, availability of
resources, and the timeframe in which the identified need must be
fulfilled.
Sec. 1794.13 Public involvement.
(a) In carrying out its responsibilities under NEPA, RUS shall make
diligent efforts to involve the public in the environmental review
process through public notices and public hearings and meetings.
(1) All public notices required by this part shall describe the
nature, location, and extent of the proposed action and indicate the
availability and location of additional information. They shall be
published in newspaper(s) of general circulation within the proposed
action's area of environmental impact and the county(s) in which the
proposed action will take place or such other places as RUS determines.
(2) The number of editions in which the notices should be published
will be specified in the Bulletins referenced in Sec. 1794.7 or
established on a project-by-project basis. Alternative forms of notice
may also be necessary to ensure that residents located in the area
affected by the proposed action are notified. The applicant should not
publish notices for compliance with this part until so notified by RUS.
(3) A copy of all comments received by the applicant concerning
environmental aspects of the proposed action shall be provided to RUS in
a timely manner. RUS and applicants shall assess and consider public
comments both individually and collectively. Responses to public
comments will be appended to the applicable environmental document.
(4) RUS and applicants shall make available to the public those
project related environmental documents that RUS determines will enhance
public participation in the environmental process. These materials shall
be placed in locations convenient for the public as determined by RUS in
consultation with applicants. Included with the documentation shall be a
list of other project-related information that shall be available for
inspection through a designated RUS or applicant contact person.
(5) Public hearings or meetings shall be held at reasonable times
and locations concerning environmental aspects of a proposed action in
all cases where, in the opinion of RUS, the need for hearings or
meetings is indicated in order to develop adequate information on the
environmental implications of the proposed action. Public hearings or
meetings conducted by RUS will be coordinated to the extent practicable
with other meetings, hearings, and environmental reviews which may be
held or required by other Federal, state and
[[Page 1194]]
local agencies. Applicants shall, as necessary, participate in all RUS
conducted public hearings or meeting.
(6) Scoping procedures, in accordance with 40 CFR 1501.7, are
required for proposed actions normally requiring an EA with scoping
(Sec. 1794.24) or an EIS (Sec. 1794.25). RUS may require scoping
procedures to be followed for other proposed actions where appropriate
to achieve the purposes of NEPA.
(b) The applicant shall have public notices described in this
section published in a newspaper(s). Applicants shall obtain proof of
publication from the newspaper(s) for inclusion into the applicable
environmental document. Where the proposed action requires an EIS RUS
shall, in addition to applicant published notices, publish notice in the
Federal Register.In all cases, RUS may publish notices in the Federal
Register as appropriate.
Sec. 1794.14 Interagency involvement and coordination.
In an attempt to reduce or eliminate duplication of effort with
state or local procedures, RUS will, to the extent possible and in
accordance with 40 CFR 1506.2, actively participate with any
governmental agency to cooperatively or jointly prepare environmental
documents so that one document will comply with all applicable laws.
Where RUS has agreed to participate as a cooperating agency, in
accordance with 40 CFR 1501.6, RUS may rely upon the lead agency's
procedures for implementing NEPA procedures. In addition, RUS shall
request that:
(a) The lead agency indicates that RUS is a cooperating agency in
all NEPA-related notices published for the proposed action;
(b) The scope and content of the EA or EIS satisfies the statutory
and regulatory requirements applicable to RUS; and
(c) The applicant shall inform RUS in a timely manner of its
involvement in a proposed action where another Federal agency is
preparing an environmental document so as to permit RUS to adequately
fulfill its duties as a cooperating agency.
Sec. 1794.15 Limitations on actions during the NEPA process.
(a) General. Until RUS concludes its environmental review process,
the applicant shall take no action concerning the proposed action which
would have an adverse environmental impact or limit the choice of
reasonable alternatives being considered in the environmental review
process (40 CFR 1506.1). The RUS environmental review process is
concluded when:
(1) A categorical exclusion determination has been made for
proposals listed under Sec. Sec. 1794.21 and 1794.22.
(2) Applicant notices announcing the RUS FONSI determination have
been published for proposals listed under Sec. Sec. 1794.23 and
1794.24.
(3) Applicant notices announcing the RUS Record of Decision have
been published for proposals listed under Sec. 1794.25.
(b) Electric program. In determining which applicant activities
related to a proposed action can proceed prior to completion of the
environmental review process, RUS must determine, among other matters
that:
(1) The activity shall not have an adverse environmental impact and
shall not preclude the search for other alternatives. For example,
purchase of water rights, optioning or transfer of land title, or
continued use of land as historically employed will not have an adverse
environmental impact. However, site preparation or construction at or
near the proposed site (e.g. rail spur) or development of a related
facility (e.g. opening a captive mine) normally will have an adverse
environmental impact.
(2) Expenditures are minimal. To be minimal, the expenditure must
not exceed the amount of loss which the applicant could absorb without
jeopardizing the Government's security interest in the event the
proposed action is not approved by the Administrator, and must not
compromise the objectivity of RUS environmental review. Not withstanding
other considerations, expenditures equivalent to up to 10 percent of the
proposed action's cost normally will not compromise RUS objectivity.
Expenditures for the purpose of producing documentation required for
[[Page 1195]]
RUS environmental review are excluded from this limitation.
[63 FR 68655, Dec. 11, 1998, as amended at 68 FR 45159, Aug. 1, 2003]
Sec. 1794.16 Tiering.
It is the policy of RUS to prepare programmatic level analysis in
order to tier an EIS and an EA where:
(a) It is practicable, and
(b) There will be a reduction of delay and paperwork, or where
better decision making will be fostered (40 CFR 1502.20).
Sec. 1794.17 Mitigation.
(a) General. In addition to complying with the requirements of 40
CFR 1502.14(f), it is RUS policy that a discussion of mitigative
measures essential to render the impacts of the proposed action not
significant will be included in or referenced in the Finding of No
Significant Impact (FONSI) and the Record of Decision (ROD).
(b) Water and waste program. (1) Mitigation measures which involve
protective measures for environmental resources cited in this part or
restrictions or limitations on real property located in the service
areas of the proposed action shall be negotiated with applicants and any
relevant regulatory agency so as to be enforceable. All mitigation
measures incorporating land use issues shall recognize the rights and
responsibilities of landholders in making private land use decisions and
recognize the responsibility of governments in influencing how land may
be used to meet public needs.
(2) Mitigation measures shall be included in the letter of
conditions.
(3) RUS has the responsibility for the post approval construction or
security inspections or monitoring to ensure that all mitigation
measures included in the environmental documents have been implemented
as specified in the letter of conditions.
Sec. Sec. 1794.18-1794.19 [Reserved]
Subpart C_Classification of Proposals
Sec. 1794.20 Control.
Electric and telecommunications programs. For environmental review
purposes, RUS has identified and established categories of proposed
actions (Sec. Sec. 1794.21 through 1794.25). An applicant may propose
to participate with other parties in the ownership of a project where
the applicant(s) does not have sufficient control to alter the
development of the project. In such a case, RUS shall determine whether
the applicant participants have sufficient control and responsibility to
alter the development of the proposed project prior to determining its
classification. Where the applicant proposes to participate with other
parties in the ownership of a proposed project and all applicants
cumulatively own:
(a) Five percent or less of a project is not considered a Federal
action subject to this part;
(b) Thirty-three and one-third percent or more of a project shall be
treated in its usual category;
(c) More than five percent but less than 33\1/3\ percent of a
project, RUS shall determine whether the applicant participants have
sufficient control and responsibility to alter the development of the
proposal such that RUS's action will be considered a Federal action
subject to this part. Consideration shall be given to such factors as:
(1) Whether construction would be completed regardless of RUS
financial assistance or approval;
(2) The stage of planning and construction;
(3) Total participation of the applicant;
(4) Participation percentage of each utility; and
(5) Managerial arrangements and contractual provisions.
Sec. 1794.21 Categorically excluded proposals without an ER.
(a) General. Certain types of actions taken by RUS do not normally
require an ER. Proposed actions within this classification are:
[[Page 1196]]
(1) The issuance of bulletins and information publications that do
not concern environmental matters or substantial facility design,
construction, or maintenance practices;
(2) Procurement activities related to the operation of RUS;
(3) Personnel and administrative actions; and
(4) Repairs made because of an emergency situation to return to
service damaged facilities of an applicant's system.
(b) Electric and telecommunications programs. Applications for
financial assistance for the types of proposed actions listed in this
paragraph (b) normally do not require the submission of an ER. These
types of actions are subject to the requirements of Sec. 1794.31.
Applicants shall sufficiently identify all proposed actions so their
proper classification can be determined. Detailed descriptions shall be
provided for each proposal noted in this section. RUS normally requires
additional information in addition to a description of what is being
proposed, to ensure that proposals are properly classified. In order to
provide for extraordinary circumstances, RUS may require development of
an ER for proposals listed in this section. Proposed actions within this
classification are:
(1) Purchase of land where use shall remain unchanged, or the
purchase of existing water rights where no associated construction is
involved;
(2) Additional or substitute financial assistance for proposed
actions which have previously received environmental review and approval
from RUS, provided the scope of the proposal and environmental
considerations have not changed;
(3) Rehabilitation or reconstruction of transportation facilities
within existing rights-of-way (ROW) or generating facility sites. A
description of the rehabilitation or reconstruction shall be provided to
RUS;
(4) Changes or additions to microwave sites, substations, switching
stations, telecommunications switching or multiplexing centers,
buildings, or small structures requiring new physical disturbance or
fencing of less than one acre (0.4 hectare). A description of the
additions or changes and the area to be impacted by the expansion shall
be provided to RUS;
(5) Internal modifications or equipment additions (e.g., computer
facilities, relocating interior walls) to structures or buildings;
(6) Internal or minor external changes to electric generating or
fuel processing facilities and related support structures where there is
negligible impact on the outside environment. A description of the
changes shall be provided to RUS;
(7) Ordinary maintenance or replacement of equipment or small
structures (e.g., line support structures, line transformers, microwave
facilities, telecommunications remote switching and multiplexing sites);
(8) The construction of telecommunications facilities within the
fenced area of an existing substation, switching station, or within the
boundaries of an existing electric generating facility site. A
description of the facilities to be constructed shall be provided to
RUS;
(9) SCADA and energy management systems involving no new external
construction;
(10) Testing or monitoring work (e.g., soil or rock core sampling,
monitoring wells, air monitoring);
(11) Studies and engineering undertaken to define proposed actions
or alternatives sufficiently so that environmental effects can be
assessed;
(12) Construction of electric power lines within the fenced area of
an existing substation, switching station, or within the boundaries of
an electric generating facility site;
(13) Contracts for certain items of equipment which are part of a
proposed action for which RUS is preparing an EA or EIS, and which meet
the limitations on actions during the NEPA process as established in 40
CFR 1506.1(d) and contained in Sec. 1794.15(b)(2);
(14) Rebuilding of power lines or telecommunications cables where
road or highway reconstruction requires the applicant to relocate the
lines either within or adjacent to the new road or highway easement or
right-of-way. A description of the facilities to be constructed shall be
provided to RUS;
[[Page 1197]]
(15) Phase or voltage conversions, reconductoring or upgrading of
existing electric distribution lines, or telecommunication facilities. A
description of the facilities to be constructed shall be provided to
RUS;
(16) Construction of new power lines, substations, or
telecommunications facilities on industrial or commercial sites, where
the applicant has no control over the location of the new facilities.
Related off-site facilities would be treated in their normal category. A
description of the facilities to be constructed shall be provided to
RUS;
(17) Participation by an applicant(s) in any proposed action where
total applicant financial participation will be five percent or less;
(18) Construction of a battery energy storage system at an existing
generating station or substation site. A description of the facilities
to be constructed shall be provided to RUS.
(19) Additional bulk commodity storage (e.g., coal, fuel oil,
limestone) within existing generating station boundaries. A
certification attesting to the current state of compliance of the
existing facilities and a description of the facilities to be added
shall be provided to RUS;
(20) Proposals designed to reduce the amount of pollutants released
into the environment (e.g., precipitators, baghouse or scrubber
installations, and coal washing equipment) which will have no other
environmental impact outside the existing facility site. A description
of the facilities to be constructed shall be provided to RUS;
(21) Construction of standby diesel electric generators (one
megawatt or less total capacity) and associated facilities, for the
primary purpose of providing emergency power, at an existing applicant
headquarters or district office, telecommunications switching or
multiplexing site, or at an industrial, commercial or agricultural
facility served by the applicant. A description of the facilities to be
constructed shall be provided to RUS;
(22) Construction of onsite facilities designed for the transfer of
ash, scrubber wastes, and other byproducts from coal-fired electric
generating stations for recycling or storage at an existing coal mine
(surface or underground). A description of the facilities to be
constructed shall be provided to RUS;
(23) Changes or additions to an existing water well system,
including new water supply wells and associated pipelines within the
boundaries of an existing well field or generating station site. A
description of the changes or additions shall be provided; and
(24) Repowering or uprating of an existing unit(s) at a fossil-
fueled generating station in order to improve the efficiency or the
energy output of the facility. Repowering or uprating that results in
increased fuel consumption or the substitution of one fuel combustion
technology with another is excluded from this classification.
(25) Electric generating facilities of less than 100 kilowatts at
any one site for the purpose of providing service to customers or
facilities such as stock tanks and irrigation pumps.
(26) New bulk commodity storage and associated handling facilities
within existing fossil-fueled generating station boundaries for the
purpose of co-firing bio-fuels and refuse derived fuels. A description
of the facilities to be constructed shall be provided to RUS.
(c) Water and waste program. Applications for financial assistance
for certain proposed actions do not normally require the submission of
an ER. Applicants shall sufficiently identify all proposed actions so
their proper classification can be determined. These types of actions
are subject to the requirements of Sec. 1794.31. In order to provide
for extraordinary circumstances, RUS may require development of an ER
for proposals listed in this section. Proposed actions within this
classification are:
(1) Management actions relating to invitation for bids, award of
contracts, and the actual physical commencement of construction
activities;
(2) Proposed actions that primarily involve the purchase and
installation of office equipment or motorized vehicles;
(3) The award of financial assistance for technical assistance,
planning purposes, environmental analysis, management studies, or
feasibility studies; and
[[Page 1198]]
(4) Loan closing and servicing activities that do not alter the
purpose, operation, location, or design of the proposal as originally
approved, such as subordinations, amendments and revisions to approved
actions, and the provision of additional financial assistance for cost
overruns.
[63 FR 68655, Dec. 11, 1998, as amended at 68 FR 45159, Aug. 1, 2003]
Sec. 1794.22 Categorically excluded proposals requiring an ER.
(a) Electric and telecommunications programs. Applications for
financial assistance for the types of proposed actions listed in this
section normally require the submission of an ER and are subject to the
requirements of Sec. 1794.32. Proposed actions within this
classification are:
(1) Construction of electric power lines and associated facilities
designed for or capable of operation at a nominal voltage of either:
(i) Less that 69 kilovolts (kV);
(ii) Less than 230 kV if no more than 25 miles (40.2 kilometers) of
line are involved; or
(iii) 230 kV or greater involving no more than three miles (4.8
kilometers) of line;
(2) Construction of buried and aerial telecommunications lines,
cables, and related facilities;
(3) Construction of microwave facilities, SCADA, and energy
management systems involving no more than five acres (2 hectares) of
physical disturbance at any single site;
(4) Construction of cooperative or company headquarters, maintenance
facilities, or other buildings involving no more than 10 acres (4
hectares) of physical disturbance or fenced property;
(5) Changes to existing transmission lines that involve less than 20
percent pole replacement, or the complete rebuilding of existing
distribution lines within the same ROW. Changes to existing transmission
lines that require 20 percent or greater pole replacement will be
considered the same as new construction;
(6) Changes or additions to existing substations, switching
stations, telecommunications switching or multiplexing centers, or
external changes to buildings or small structures requiring one acre
(0.4 hectare) or more but no more than five acres (2 hectares) of new
physically disturbed land or fenced property;
(7) Construction of substations, switching stations, or
telecommunications switching or multiplexing centers requiring no more
than five acres (2 hectares) of new physically disturbed land or fenced
property;
(8) Construction of distributed generation totaling 10 MW or less at
an existing utility, industrial, commercial or educational facility
site. There is no capacity limit for a generating facility located at or
adjacent to an existing landfill site that is powered by refuse derived
fuel. All new associated facilities and related electric power lines
shall be covered in the ER;
(9) Installation of new generating units or the replacement of
existing generating units at a hydroelectric facility or dam which
result in no change in the normal maximum surface area or normal maximum
surface elevation of the existing impoundment. All new associated
facilities and related electric power lines shall be covered in the ER;
(10) Construction of new water supply wells and associated pipelines
not located within the boundaries of an existing well field or
generating station site; and
(11) Purchase of existing facilities or a portion thereof where use
or operation will remain unchanged. The results of a facility
environmental audit can be substituted for the ER.
(12) Installing a heat recovery steam generator and steam turbine
with a rating of 200 MW or less on an existing combustion turbine
generation site for the purpose of combined cycle operation. All new
associated facilities and related electric power lines shall be covered
in the ER.
(b) Water and waste program. For certain proposed actions,
applications for financial assistance normally require the submittal of
an ER as part of the PER. These types of actions are subject to the
requirements of Sec. 1794.32. Proposed actions within this
classification are:
[[Page 1199]]
(1) Rehabilitation of existing facilities, functional replacement or
rehabilitation of equipment, or the construction of new ancillary
facilities adjacent or appurtenant to existing facilities, including but
not limited to, replacement of utilities such as water or sewer lines
and appurtenances for existing users with modest or moderate growth
potential, reconstruction of curbs and sidewalks, street repaving, and
building modifications, renovations, and improvements;
(2) Facility improvements to meet current needs with a modest change
in use, size, capacity, purpose or location from the original facility.
The proposed action must be designed for predominantly residential use
with other new or expanded users being small-scale, commercial
enterprises having limited secondary impacts;
(3) Construction of new facilities that are designed to serve not
more than 500 EDUs and with modest growth potential. The proposed action
must be designed for predominantly residential use with other users
being small-scale, commercial enterprises having limited secondary
impacts;
(4) The extension, enlargement or construction of interceptors,
collection, transmission or distribution lines within a one-mile (1.6-
kilometer) limit from existing service areas estimated from any boundary
listed as follows:
(i) The corporate limits of the community being served;
(ii) If there are developed areas immediately contiguous to the
corporate limits of a community, the limits of these developed areas; or
(iii) If an unincorporated area is to be served, the limits of the
developed areas;
(5) Installation of new water supply wells or water storage
facilities that are required by a regulatory authority or standard
engineering practice as a backup to existing production well(s) or as
reserve for fire protection;
(6) Actions described in Sec. 1794.21(c)(4) which alter the
purpose, operation, location, or design of the proposed action as
originally approved, and such alteration is equivalent in magnitude or
type as described in paragraphs (b)(1) through (b)(5) of this section;
and
(7) The lease or disposal of real property by RUS, which may result
in a change in use of the real property in the reasonably foreseeable
future and such change, is equivalent in magnitude or type as described
in paragraphs (b)(1) through (b)(5).
(c) Specialized criteria for not granting a CE for water and waste
projects. An EA must be prepared if a proposed action normally
classified as a CE meets any of the following:
(1) Will either create a new or relocate an existing discharge to or
a withdrawal from surface or ground waters;
(2) Will result in substantial increases in the volume or the
loading of pollutants from an existing discharge to receiving waters;
(3) Will cause a substantial increase in the volume of withdrawal
from surface or ground waters at an existing site; or
(4) Would provide capacity to serve more than 500 EDUs or a 30
percent increase in the existing population whichever is larger.
[63 FR 68655, Dec. 11, 1998, as amended at 68 FR 45159, Aug. 1, 2003]
Sec. 1794.23 Proposals normally requiring an EA.
RUS will normally prepare an EA for all proposed actions which are
neither categorical exclusions (Sec. Sec. 1794.21 and 1794.22) nor
normally requiring an EIS (Sec. 1794.25). For certain actions within
this class, scoping and document procedures contained in Sec. Sec.
1794.50 through 1794.54 shall be followed (see Sec. 1794.24). The
following are proposed actions which normally require an EA and shall be
subject to the requirements of Sec. Sec. 1794.40 through 1794.44.
(a) General. Issuance or modification of RUS regulations concerning
environmental matters.
(b) Telecommunications and water and waste programs. An EA shall be
prepared for applications for financial assistance for all proposed
actions not specifically defined as a CE or otherwise specifically
categorized by the Administrator on a case-by-case basis.
(c) Electric program. Applications for financial assistance for
certain proposed actions normally require the preparation of an EA.
Proposed actions falling within this classification are:
[[Page 1200]]
(1) Construction of fuel cell, combustion turbine, combined cycle,
or diesel generating facilities of 50 MW (nameplate rating) or less at a
new site (no existing generating capacity) except for items covered by
Sec. 1794.22(a)(8). All new associated facilities and related electric
power lines shall be covered in the EA;
(2) Construction of fuel cell, combustion turbine, combined cycle,
or diesel generating facilities of 100 MW (nameplate rating) or less at
an existing generating site, except for items covered by Sec.
1794.22(a)(8). All new associated facilities and related electric power
lines shall be covered in the EA;
(3) Construction of any other type of new electric generating
facility of 20 MW (nameplate rating) or less, except for items covered
by Sec. 1794.22(a)(8). All new associated facilities and related
electric power lines shall be covered in the EA;
(4) Repowering or uprating of an existing unit(s) at a fossil-fueled
generating station where the existing fuel combustion technology of the
affected unit(s) is substituted for another (e.g. coal or oil-fired
boiler is converted to a fluidized bed boiler or replaced with a
combustion turbine unit);
(5) Installation of new generating units at an existing
hydroelectric facility or dam, or the replacement of existing generating
units at a hydroelectric facility or dam which will result in a change
in the normal maximum surface area or normal maximum surface elevation
of the existing impoundment. All new associated facilities and related
electric power lines shall be covered in the EA;
(6) A new drilling operation or the expansion of a mining or
drilling operation;
(7) Construction of cooperative headquarters, maintenance, and
equipment storage facilities involving more than 10 acres (4 hectares)
of physical disturbance or fenced property;
(8) The construction of electric power lines and related facilities
designed for and capable of operation at a nominal voltage of 230 kV or
more involving more than three miles (4.8 kilometers) but not more than
25 miles (40 kilometers) of line;
(9) The construction of electric power lines and related facilities
designed for or capable of operation at a nominal voltage of 69 kV or
more but less than 230 kV where more than 25 miles (40 kilometers) of
power line are involved;
(10) The construction of substations or switching stations requiring
greater than five acres (2 hectares) of new physical disturbance at a
single site; and
(11) Construction of facilities designed for the transfer and
storage of ash, scrubber wastes, and other byproducts from coal-fired
electric generating stations that will be located beyond the existing
facility site boundaries.
(12) Installing a heat recovery steam generator and steam turbine
with a rating of more than 200 MW on an existing combustion turbine
generation site for the purpose of combined cycle operation. All new
associated facilities and related electric power lines shall be covered
in the EA.
(13) Construction of a natural gas pipeline to serve an existing
gas-fueled generating facility.
[63 FR 68655, Dec. 11, 1998, as amended at 68 FR 45159, Aug. 1, 2003]
Sec. 1794.24 Proposals normally requiring an EA with scoping.
(a) General. Applications for financial assistance for certain
proposed actions require the use of a scoping procedure in the
development of the EA. These types of actions are subject to the
requirements of Sec. Sec. 1794.50 through 1794.54. RUS has the
discretion to modify or waive the requirements listed in Sec. 1794.52
for a proposed action in this category.
(b) Electric program. Proposed actions falling within this
classification are:
(1) The construction of electric power lines and related facilities
designed for and capable of operation at a nominal voltage of 230 kV or
more where more than 25 miles (40 kilometers) of power line are
involved;
(2) Construction of fuel cell, combustion turbine, combined cycle,
and diesel generating facilities of more than 50 MW at a new site or
more than 100 MW at an existing site; and the construction of any other
type of electric generating facility of more than 20 MW but not more
than 50 MW (nameplate
[[Page 1201]]
rating). All new associated facilities and related electric power lines
shall be covered in any EA or EIS that is prepared.
(c) Telecommunications and water and waste programs. There are no
actions normally falling within this classification.
[63 FR 68655, Dec. 11, 1998, as amended at 68 FR 45159, Aug. 1, 2003]
Sec. 1794.25 Proposals normally requiring an EIS.
Applications for financial assistance for certain proposed actions
that may significantly affect the quality of the human environment shall
require the preparation of an EIS.
(a) Electric program. An EIS will normally be required in connection
with proposed actions involving the following types of facilities:
(1) New electric generating facilities of more than 50 MW (nameplate
rating) other than fuel cell, combustion turbine, combined cycle, or
diesel generators. All new associated facilities and related electric
power lines shall be covered in the EIS; and
(2) A new mining operation when the applicants have effective
control (e.g., dedicated mine or purchase of a substantial portion of
the mining equipment).
(b) Proposals listed above are subject to the requirements of
Sec. Sec. 1794.60, 1794.61, 1794.63, and 1794.64. Preparation of a
supplemental draft or final EIS in accordance with 40 CFR 1502.9 shall
be subject to the requirements of Sec. Sec. 1794.62 and 1794.64.
(c) Telecommunications and water and waste programs. No groups or
sets of proposed actions normally require the preparation of an EIS. The
environmental review process, as described in this part, shall be used
to identify those proposed actions for which the preparation of an EIS
is necessary. If an EIS is required, RUS shall proceed directly to its
preparation. Prior completion of an EA is not mandatory.
[63 FR 68655, Dec. 11, 1998, as amended at 68 FR 45159, Aug. 1, 2003]
Sec. Sec. 1794.26-1794.29 [Reserved]
Subpart D_Procedure for Categorical Exclusions
Sec. 1794.30 General.
The procedures of this subpart which apply to proposed actions
classified as CEs in Sec. Sec. 1794.21 and 1794.22 provide RUS with
information necessary to determine if the proposed action meets the
criteria for a CE. Where, because of extraordinary circumstances, a
normally categorically excluded action may have a significant effect on
the quality of the human environment, RUS may require additional
environmental documentation.
Sec. 1794.31 Classification.
(a) Electric and telecommunications programs. RUS will normally
determine the proper environmental classification of projects based on
its evaluation of the project description set forth in the construction
work plan or loan design which the applicant is required to submit with
its application for financial assistance. Each project must be
sufficiently described to ensure its proper classification. RUS may
require the applicant to provide additional information on a project
where appropriate.
(b) Water and waste program. RUS will normally determine the proper
environmental classification for projects based on its evaluation of the
preliminary planning and design information.
Sec. 1794.32 Environmental report.
(a) For proposed actions listed in Sec. 1794.21(b) and (c), the
applicant is normally not required to submit an ER.
(b) For proposed actions listed in Sec. 1794.22(a) and (b), the
applicant shall normally submit an ER. Guidance in preparing the ER for
Electric and Telecommunication proposals is contained in RUS Bulletin
1794A-600. Guidance in preparing the ER for Water and Waste proposals is
contained in RUS Bulletin 1794A-602. The applicant may be required to
publish public notices and provide evidence of such if the proposed
action is located in, impacts, or converts important land resources.
[[Page 1202]]
Sec. 1794.33 Agency action.
RUS may act on an application for financial assistance upon
determining, based on the review of documents as set forth in Sec.
1794.32 and such additional information as RUS deems necessary, that the
project is categorically excluded.
Sec. Sec. 1794.34-1794.39 [Reserved]
Subpart E_Procedure for Environmental Assessments
Sec. 1794.40 General.
This subpart applies to proposed actions described in Sec. 1794.23.
Where appropriate to carry out the purposes of NEPA, RUS may impose, on
a case-by-case basis, additional requirements associated with the
preparation of an EA. If at any point in the preparation of an EA, RUS
determines that the proposed action will have a significant effect on
the quality of the human environment, the preparation of an EIS shall be
required and the procedures in subpart G of this part shall be followed.
Sec. 1794.41 Document requirements.
Applicants will provide an ER in accordance with the appropriate
guidance documents referenced in Sec. 1794.7. After RUS has evaluated
the ER and has determined the ER adequately addresses all applicable
environmental issues, the ER will normally serve as RUS' EA. However,
RUS reserves the right to prepare its own EA from the information
provided in the ER. RUS will take responsibility for the scope and
content of an EA.
Sec. 1794.42 Notice of availability.
Prior to RUS making a finding in accordance with Sec. 1794.43 and
upon RUS authorization and guidance, the applicant shall have a notice
published which announces the availability of the EA and solicits public
comments on the EA.
Sec. 1794.43 Agency finding.
If RUS finds, based on an EA that the proposed action will not have
a significant effect on the quality of the human environment, RUS will
prepare a FONSI. Upon authorization of RUS, the applicant shall have a
notice published which informs the public of the RUS finding and the
availability of the EA and FONSI. The notice shall be prepared and
published in accordance with RUS guidance.
[63 FR 68655, Dec. 11, 1998, as amended at 68 FR 45159, Aug. 1, 2003]
Sec. 1794.44 Timing of agency action.
RUS may take its final action on proposed actions requiring an EA
(Sec. 1794.23) at any time after publication of applicant notices that
a FONSI has been made and any required review period has expired. When
substantive comments are received on the EA, RUS may provide an
additional period (15 days) for public review following the publication
of its FONSI determination. Final action shall not be taken until this
review period has expired.
[68 FR 45159, Aug. 1, 2003]
Sec. Sec. 1794.45-1794.49 [Reserved]
Subpart F_Procedure for Environmental Assessments With Scoping
Sec. 1794.50 Normal sequence.
For proposed actions covered by Sec. 1794.24 and other actions
determined by the Administrator to require an EA with scoping, RUS and
the applicant will follow the same procedures for scoping and the
requirements for notices and documents as for proposed actions normally
requiring an EIS through the point where project scoping has been
completed. Following project scoping, RUS will make a judgment to have
an EA prepared or contract for the preparation of an EIS.
[68 FR 45159, Aug. 1, 2003]
Sec. 1794.51 Preparation for scoping.
(a) As soon as practicable after RUS and the applicant have
developed a schedule for the environmental review process, RUS shall
have its notice of intent to prepare an EA or EIS and schedule scoping
meetings (Sec. 1794.13) published in the Federal Register (see 40 CFR
1508.22). The applicant shall have published, in a timely manner, a
notice similar to RUS' notice.
[[Page 1203]]
(b) As part of the early planning, the applicant should consult with
appropriate Federal, state, and local agencies to inform them of the
proposed action, identify permits and approvals which must be obtained,
and administrative procedures which must be followed.
(c) Before formal scoping is initiated, RUS will require the
applicant to submit an Alternative Evaluation Study and either a Siting
Study (generation) or a Macro-Corridor Study (transmission lines).
(d) The applicant is encouraged to hold public information meetings
in the general location of the proposed action and any reasonable
alternatives when such applicant meetings will make the scoping process
more meaningful. A written summary of the comments made at such meetings
must be submitted to RUS as soon as practicable after the meetings.
[63 FR 68655, Dec. 11, 1998, as amended at 68 FR 45160, Aug. 1, 2003]
Sec. 1794.52 Scoping meetings.
(a) Both RUS and the applicant shall have a notice published which
announces a public scoping meeting is to be conducted, either in
conjunction with the notice of intent or as a separate notice.
(b) The RUS notice shall be published in the Federal Register at
least 14 days prior to the meeting(s). The applicant's notice shall be
published in a newspaper at least 10 days prior to the meeting(s). Other
forms of media may also be used by the applicant to notice the meetings.
(c) Where an environmental document is the subject of the hearing or
meeting, that document will be made available to the public at least 10
days in advance of the meeting.
(d) The scoping meeting(s) will be held in the area of the proposed
action at such place(s) as RUS determines will best afford an
opportunity for public involvement. Any person or representative of an
organization, or government body desiring to make a statement at the
meeting may make such statement in writing or orally. The format of the
meeting may be one of two styles. It can either be of the traditional
style which features formal presentations followed by a comment period,
or the open house style in which attendees are able to individually
obtain information on topics or issues of interest within an established
time period. The applicant or its consultant shall prepare a record of
the scoping meeting. The record shall consist of a transcript when a
traditional meeting format is used or a summary report when an open
house format is used.
(e) As soon as practicable after the scoping meeting(s), RUS, as
lead agency, shall determine the significant issues to be analyzed in
depth and identify and eliminate from detailed study the issues which
are not significant or which have been covered by prior environmental
review. RUS will develop a proposed scope for further environmental
study and review. RUS shall send a copy of this proposed scope to
cooperating agencies and the applicant, and allow recipients 30 days to
comment on the scope's adequacy and emphasis. After expiration of the
30-day period, RUS shall provide written guidance to the applicant
concerning the scope of environmental study to be performed and
information to be gathered.
[63 FR 68655, Dec. 11, 1998, as amended at 68 FR 45160, Aug. 1, 2003]
Sec. 1794.53 Environmental report.
(a) After scoping procedures have been completed, RUS shall require
the applicant to develop and submit an ER. The ER shall be prepared
under the supervision and guidance of RUS staff and RUS shall evaluate
and be responsible for the accuracy of all information contained
therein.
(b) The applicant's ER will normally serve as the RUS EA. After RUS
has reviewed and found the ER to be satisfactory, the applicant shall
provide RUS with a sufficient number of copies of the ER to satisfy the
RUS distribution plan.
(c) The ER shall include a summary of the construction and operation
monitoring and mitigation measures for the proposed action. These
measures
[[Page 1204]]
may be revised as appropriate in response to comments and other
information, and shall be incorporated by summary or reference into the
FONSI.
[68 FR 45160, Aug. 1, 2003]
Sec. 1794.54 Agency determination.
Following the scoping process and the development of a satisfactory
ER by the applicant or its consultant that will serve as the agency's
EA, RUS shall determine whether the proposed action is a major Federal
action significantly affecting the quality of the human environment. If
RUS determines the action is significant, RUS will continue with the
procedures in subpart G of this part. If RUS determines the action is
not significant, RUS will proceed in accordance with Sec. Sec. 1794.42
through 1794.44. For proposals subject to the procedures of subpart F,
RUS shall publish notices in the Federal Register that announce the
availability of the EA and solicit public comments on the EA (refer to
Sec. 1794.42) and the RUS finding and the availability of the EA and
FONSI (refer to Sec. 1794.43).
[68 FR 45160, Aug. 1, 2003]
Sec. Sec. 1794.55-1794.59 [Reserved]
Subpart G_Procedure for Environmental Impact Statements
Sec. 1794.60 Normal sequence.
For proposed actions requiring an EIS (see Sec. 1794.25), the NEPA
process shall proceed in the same manner as for proposed actions
requiring an EA with scoping through the point at which the scoping
process is completed (see Sec. 1794.52).
Sec. 1794.61 Environmental impact statement.
An EIS shall be prepared in accordance with 40 CFR part 1502.
Funding, in whole or in part, for an EIS can be obtained from any lawful
source (e.g., cooperative agreements developed in accordance with
Section 759A, Federal Agricultural Improvement and Reform Act of 1996,
Pub. L. 104-127 and 31 U.S.C. 6301). A third-party consultant selected
by RUS and funded by the applicant (7 CFR part 1789) may prepare the
EIS.
(a) After a draft or final EIS has been prepared, RUS and the
applicant shall concurrently have a notice of availability for the
document published. The time period allowed for review will be a minimum
of 45 days for a draft EIS and 30 days for a final EIS. This period is
measured from the date that the U.S. Environmental Protection Agency
(EPA) publishes a notice in the Federal Register in accordance with 40
CFR 1506.10.
(b) In addition to circulation required by 40 CFR 1502.19, the draft
and final EIS (or summaries thereof, at RUS discretion) shall be
circulated to the appropriate state, regional, and metropolitan
clearinghouses.
(c) Where a final EIS does not require substantial changes from the
draft EIS, RUS may document required changes through errata sheets,
insertion pages, and revised sections to be incorporated into the draft
EIS. In such cases, RUS shall circulate such changes together with
comments on the draft EIS, responses to comments, and other appropriate
information as its final EIS. RUS will not circulate the draft EIS
again, although RUS will provide the draft EIS if requested within 30
days of publication of notice of availability of the final EIS.
[63 FR 68655, Dec. 11, 1998, as amended at 68 FR 45160, Aug. 1, 2003]
Sec. 1794.62 Supplemental EIS.
(a) A supplement to a draft or final EIS shall be prepared,
circulated, and given notice by RUS and the applicant in the same manner
(exclusive of scoping) as a draft and final EIS (see Sec. 1794.61).
(b) Normally RUS and the applicant will have published notices of
intent to prepare a supplement to a final EIS in those cases where a ROD
has already been issued.
(c) RUS, at its discretion, may issue an information supplement to a
final EIS where RUS determines that the purposes of NEPA are furthered
by doing so even though such supplement is not required by 40 CFR
1502.9(c)(1). RUS and the applicant shall concurrently have a notice of
availability published. The notice requirements
[[Page 1205]]
shall be the same as for a final EIS and the information supplement
shall be circulated in the same manner as a final EIS. RUS shall take no
final action on any proposed modification discussed in the information
supplement until 30 days after the RUS notice of availability or the
applicant's notice is published, whichever occurs later.
Sec. 1794.63 Record of decision.
(a) Upon completion of the review period for a final EIS, RUS will
have its ROD prepared in accordance with 40 CFR 1505.2.
(b) Separate RUS and applicant notices of availability shall be
published concurrently. The notices shall summarize the RUS decision and
announce the availability of the ROD. Copies of the ROD will be made
available upon request from the point of contact identified in the
notice.
Sec. 1794.64 Timing of agency action.
(a) RUS may take its final action or execute commitments on proposed
actions requiring an EIS or Supplemental EIS at any time after the ROD
has been published.
(b) For budgetary purposes some financial assistance may be approved
conditionally with a stipulation that no funds shall be advanced until a
ROD has been prepared.
Sec. Sec. 1794.65-1794.69 [Reserved]
Subpart H_Adoption of Environmental Documents
Sec. 1794.70 General.
This subpart covers the adoption of environmental documents prepared
by other Federal agencies. Where applicants participate in proposed
actions for which an EA or EIS has been prepared by or for another
Federal agency, RUS may adopt the existing EA or EIS in accordance with
40 CFR 1506.3.
Sec. 1794.71 Adoption of an EA.
RUS may adopt a Federal EA or EIS or a portion thereof as its EA.
RUS shall make the EA available and assure that notice is provided in
the same manner as if RUS had prepared the EA.
Sec. 1794.72 Adoption of an EIS.
(a) Where RUS determines that an existing Federal EIS requires
additional information to meet the standards for an adequate statement
for RUS proposed action, RUS may adopt all or a portion of the EIS as a
part of its draft EIS. The circulation and notice provisions for a draft
and final EIS (see Sec. 1794.61) apply.
(b) If RUS was not a cooperating agency but determines that another
Federal agency's EIS is adequate, RUS shall adopt that agency's EIS as
its final EIS. RUS and the applicant shall have separate notices
published advising of RUS adoption of the EIS and independent
determination of its adequacy.
(c) If the adopted EIS is generally available and meets RUS
standards, RUS shall have a public notice published informing the public
of its action and availability of the EIS to interested parties upon
request. If the adopted EIS is not generally available, RUS shall have a
public notice published informing the public of its action and will
circulate copies of the EIS in accordance with 40 CFR 1502.19 and 40 CFR
1506.3.
Sec. 1794.73 Timing of agency action.
Where RUS has adopted another agency's environmental documents, the
timing of the action shall be subject to the same requirements as if RUS
had prepared the required EA or EIS.
Sec. 1794.74 Incorporation of environmental materials.
RUS may incorporate into its environmental documents, environmental
documents or portions thereof prepared by state, or local agencies or
other parties for purposes other than compliance with the requirements
of NEPA. RUS will circulate the incorporated documents as a part of its
EA or draft and final EIS in the same manner as if prepared by RUS.
Sec. 1794.75-1794.79 [Reserved]
[[Page 1207]]