7 Cfr 1794

§ 1792.104

7 CFR Ch. XVII (1–1–03 Edition)

Copies are available from ASCE, 345
East 47th Street, New York, New York
10017–2398.
(c) The NEHRP Recommended Provisions for the Development of Seismic
Regulations for New Buildings is available from the Office of Earthquakes
and Natural Hazards, Federal Emergency Management Agency, 500 C
Street, SW., Washington, DC 20472.
[65 FR 76916, Dec. 8, 2000]

§ 1792.104

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

Seismic acknowledgments.

For each applicable building, borrowers and grant recipients must provide RUS a written acknowledgment
from a registered architect or engineer
responsible for the design stating that
seismic
provisions
pursuant
to
§ 1792.103(b) will be used in the design of
the building. This acknowledgement
will include the identification and date
of the model code or standard that is
used for the seismic design of the seismic design of the building project and
the seismic factor for the building location.

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]

[65 FR 76916, Dec. 8, 2000]

Subpart F—Procedure for Environmental
Assessments With Scoping

PART 1794—ENVIRONMENTAL
POLICIES AND PROCEDURES
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]

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 B—Implementation of the National
Environmental Policy Act

Subpart H—Adoption of Environmental
Documents

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]

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.

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Rural Utilities Service, USDA

§ 1794.5

Subpart A—General
§ 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.
§ 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
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.
§ 1794.3 Actions requiring
mental review.

environ-

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.
§ 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 nonmetric equivalents or a metric conversion table as an appendix. Environmental documents prepared by or for a
RUS applicant should follow the same
format.
§ 1794.5

Responsible officials.

The Administrator of RUS has the
responsibility for Agency compliance

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§ 1794.6

7 CFR Ch. XVII (1–1–03 Edition)

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.
§ 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.
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 Analysis (EVAL). The
document submitted by the applicant
for proposed actions subject to compliance with § 1794.24 and under special
circumstances § 1794.25.
Environmental Report (ER). The environmental documentation normally
submitted by applicants for proposed
actions subject to compliance with
§§ 1794.22 and 1794.23. An ER for the
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 § 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)).

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Rural Utilities Service, USDA

§ 1794.13

§ 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) (§ 1794.22(a))
and RUS Bulletin 1794A–601 provides
guidance in preparing the ER for proposed actions which require EAs
(§ 1794.23(b) Telecommunications only
and (c));. Copies of these bulletins are
available upon request by contacting
Rural Utilities Service, Publications
Office, PDRA, 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 (§ 1794.22(b)) and EAs
(§ 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.
§§ 1794.8–1794.9

[Reserved]

Subpart B—Implementation of the
National Environmental Policy Act
§ 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.
§ 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.
§ 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.
§ 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
§ 1794.7 or established on a project-byproject 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.

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§ 1794.14

7 CFR Ch. XVII (1–1–03 Edition)

(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
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 (§ 1794.24) or an EIS
(§ 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.
§ 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.
§ 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).
(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

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Rural Utilities Service, USDA

§ 1794.20

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
RUS environmental review are excluded from this limitation.
§ 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).
§ 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 de-

cisions 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.
§§ 1794.18–1794.19

[Reserved]

Subpart C—Classification of
Proposals
§ 1794.20

Control.

Electric and telecommunications programs. For environmental review purposes, RUS has identified and established categories of proposed actions
(§§ 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 331⁄3 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;

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§ 1794.21

7 CFR Ch. XVII (1–1–03 Edition)

(3) Total participation of the applicant;
(4) Participation percentage of each
utility; and
(5) Managerial arrangements and
contractual provisions.
§ 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:
(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 § 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

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Rural Utilities Service, USDA

§ 1794.21

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 § 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;
(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 of-

fice, 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.
(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 § 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

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§ 1794.22

7 CFR Ch. XVII (1–1–03 Edition)

(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.
§ 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 § 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 diesel electric
generating facilities of five megawatts
(MW) (nameplate rating) or less either
at an existing generation or substation
sites. This category also applies to a
diesel electric generating facility of
five MW or less that is located at or adjacent to an existing landfill site and
supplied with refuse derived fuel. All
new associated facilities and related
electric power lines shall be covered in
the ER;
(9) Additions to 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.
(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 § 1794.32. Proposed actions within this classification
are:
(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,

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Rural Utilities Service, USDA

§ 1794.23

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 smallscale, 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 § 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.
§ 1794.23 Proposals normally requiring
an EA.
RUS will normally prepare an EA for
all proposed actions which are neither
categorical exclusions (§§ 1794.21 and
1794.22) nor normally requiring an EIS
(§ 1794.25). For certain actions within
this class, scoping and document procedures contained in §§ 1794.50 through
1794.54 shall be followed (see § 1794.24).
The following are proposed actions
which normally require an EA and
shall be subject to the requirements of
§§ 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:
(1) Construction of combustion turbine or diesel generating facilities of 50
MW (nameplate rating) or less at a new
site (no existing generating capacity)
except
for
items
covered
by
§ 1794.22(a)(8). All new associated facilities and related electric power lines
shall be covered in the EA;
(2) Construction of combustion turbine or diesel generating facilities of
100 MW (nameplate rating) or less at an
existing generating site, except for
items covered by § 1794.22(a)(8). All new

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§ 1794.24

7 CFR Ch. XVII (1–1–03 Edition)

associated facilities and related electric power lines shall be covered in the
EA;
(3) Construction of any other type of
new electric generating facilities of 10
MW (nameplate rating) or less. 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.
§ 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 §§ 1794.50 through 1794.54.
RUS has the discretion to modify or
waive the requirements listed in
§ 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 combustion turbines and diesel generators 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 10 MW
but not more than 50 MW (nameplate
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.
§ 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 diesel generators or combustion turbines. 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.,

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Rural Utilities Service, USDA

§ 1794.41

dedicated mine or purchase of a substantial portion of the mining equipment).
(b) Proposals listed above are subject
to the requirements of §§ 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 §§ 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.
§§ 1794.26–1794.29

[Reserved]

Subpart D—Procedure for
Categorical Exclusions
§ 1794.30 General.
The procedures of this subpart which
apply to proposed actions classified as
CEs in §§ 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.
§ 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.
§ 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]

Subpart E—Procedure for
Environmental Assessments
§ 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

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§ 1794.42

7 CFR Ch. XVII (1–1–03 Edition)

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 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.
§ 1794.43 Agency finding.
(a) General. 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.
(b) Electric and telecommunications
programs. RUS shall have a notice published in the FEDERAL REGISTER that
announces the availability of the EA
and FONSI.
§ 1794.44 Timing of agency action.
RUS may take its final action on
proposed actions requiring an EA
(§ 1794.23) at any time after publication
of the RUS and 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.
§§ 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

scoping and the requirements for notices and documents as for proposed actions normally requiring an EIS
through the point at which the Environmental Analysis (EVAL) is submitted (see § 1794.54). After the EVAL
has been submitted, RUS will make a
judgment to utilize the EVAL as its EA
and issue a FONSI or prepare an EIS.
§ 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
(§ 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.
(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.
§ 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

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Rural Utilities Service, USDA

§ 1794.61

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. A
transcript will be made of the scoping
meeting.
(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 30day period, RUS shall provide written
guidance to the applicant concerning
the scope of environmental study to be
performed and information to be gathered.
§ 1794.53 Environmental analysis.
(a) After scoping procedures have
been completed, RUS shall require the
applicant to develop and submit an
EVAL. The EVAL 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 EVAL will normally serve as
the RUS EA. The EVAL can also serve
as the basis for an EIS, and under such

circumstances will be made an appendix to the EIS. After RUS has reviewed
and found the EVAL to be satisfactory,
the applicant shall provide RUS with a
sufficient number of copies of the
EVAL to satisfy the RUS distribution
plan.
(c) The EVAL shall include a summary of the construction and operation
monitoring and mitigation measures
for the proposed action. These measures may be revised as appropriate in
response to comments and other information. and shall be incorporated by
summary or reference into the FONSI
or ROD.
§ 1794.54 Agency determination.
Following the scoping process and
the development of a satisfactory 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
§§ 1794.42 through 1794.44.
§§ 1794.55–1794.59

[Reserved]

Subpart G—Procedure for
Environmental Impact Statements
§ 1794.60 Normal sequence.
For proposed actions requiring an
EIS (see § 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 § 1794.52).
§ 1794.61 Environmental impact statement.
(a) General. 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 thirdparty consultant selected by RUS and
funded by the applicant (7 CFR part
1789) may prepare the EIS.

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§ 1794.62

7 CFR Ch. XVII (1–1–03 Edition)

(1) 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.
(2) 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.
(3) 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.
(b) Electric program. Where the applicant or its consultant has prepared an
EVAL, RUS will develop its draft and
final EIS from the EVAL. An EVAL
will not be required if a third-party
consultant prepares the draft and final
EIS.
§ 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
§ 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
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.
§ 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.
§ 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.
§§ 1794.65–1794.69

[Reserved]

Subpart H—Adoption of
Environmental Documents
§ 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.
§ 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

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Rural Utilities Service, USDA

§ 1794.75–1794.79

that notice is provided in the same
manner as if RUS had prepared the EA.
§ 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 § 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.
§ 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.
§ 1794.74 Incorporation
mental materials.

of

environ-

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.
§ 1794.75–1794.79

[Reserved]

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