1048

Pt. 1794 7 CFR Ch. XVII (1–1–00 Edition)

submitted to the RUS Washington’s offices, the data required to be included

on the plans and specifications by paragraph (b) of this section must be submitted in letter form to the appropriate Director prior to the release of

the plans and specifications for construction purposes.

(The information and recordkeeping requirements of this section have been approved by

the Office of Management and Budget (OMB)

under the control number 0572-0099.)

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]

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

§ 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

1049

Rural Utilities Service, USDA § 1794.5

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 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.

§ 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

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.

1050

§ 1794.6 7 CFR Ch. XVII (1–1–00 Edition)

§ 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)).

§ 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.

1051

Rural Utilities Service, USDA § 1794.13

(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.

(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

1052

§ 1794.14 7 CFR Ch. XVII (1–1–00 Edition)

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

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.

1053

Rural Utilities Service, USDA § 1794.21

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 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.

§§ 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;

(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

1054

§ 1794.21 7 CFR Ch. XVII (1–1–00 Edition)

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

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;

1055

Rural Utilities Service, USDA § 1794.21

(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.

(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

(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.

1056

§ 1794.22 7 CFR Ch. XVII (1–1–00 Edition)

§ 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,

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 smallVerDate 27<JAN>2000 14:06 Feb 12, 2000 Jkt 190019 PO 00000 Frm 01056 Fmt 8010 Sfmt 8010 Y:\SGML\190019T.XXX pfrm02 PsN: 190019T
1057

Rural Utilities Service, USDA § 1794.23

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 §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

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;

1058

§ 1794.24 7 CFR Ch. XVII (1–1–00 Edition)

(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.,

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.

1059

Rural Utilities Service, USDA § 1794.42

(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

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

1060

§ 1794.43 7 CFR Ch. XVII (1–1–00 Edition)

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

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

1061

Rural Utilities Service, USDA § 1794.61

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 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.

§ 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.

(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

1062

§ 1794.62 7 CFR Ch. XVII (1–1–00 Edition)

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

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

1063

Rural Utilities Service, USDA § 1794.75–1794.79

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 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.

§ 1794.75–1794.79 [Reserved]