Environmental Policies & Procedures

§ 1794.32

7 CFR Ch. XVII (1–1–04 Edition)

based on its evaluation of the preliminary planning and design information.
§ 1794.32 Environmental report.
(a) For proposed actions listed in
§ 1794.21(b) and (c), the applicant is normally not required to submit an ER.
(b) For proposed actions listed in
§ 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.
§ 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 § 1794.32 and such additional
information as RUS deems necessary,
that the project is categorically excluded.
§§ 1794.34–1794.39

[Reserved]

prepare its own EA from the information provided in the ER. RUS will take
responsibility for the scope and content of an EA.
§ 1794.42

§ 1794.43

§ 1794.40 General.
This subpart applies to proposed actions described in § 1794.23. Where appropriate to carry out the purposes of
NEPA, RUS may impose, on a case-bycase 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.
§ 1794.41 Document requirements.
Applicants will provide an ER in accordance with the appropriate guidance
documents referenced in § 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

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]

§ 1794.44

Subpart E—Procedure for
Environmental Assessments

Notice of availability.

Prior to RUS making a finding in accordance with § 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.

Timing of agency action.

RUS may take its final action on
proposed actions requiring an EA
(§ 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]

§§ 1794.45–1794.49

[Reserved]

Subpart F—Procedure for Environmental
Assessments
With
Scoping
§ 1794.50

Normal sequence.

For proposed actions covered by
§ 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

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