Subpart G-Procedure for Environ

mental Assessment Proposals Without Scoping

§1794.60 General.

The following procedure applies to all actions classified as Environmental Assessment projects in §1794.33 hereof. Where appropriate to carry out the purposes of NEPA, RUS may require, on a case by case basis, that additional action be taken in connection with preparation of an EA. If at any point in the preparation of an EA, RUS determines that the action will have a significant impact on the environment, the preparation of an EIS will be required and the procedures applicable thereto will be followed.

§ 1794.61 Document requirements.

For those proposals covered by § 1794.33, the Borrower shall submit a BER or its equivalent. The BER may serve as RUS's EA if RUS makes an independent evaluation of the environmental issues and concurs in the BER's scope and content. The BER also may be made an Appendix to RUS's EA to provide information on the proposal and reduce unnecessary paperwork.

§ 1794.62 Notice of availability.

The Borrower shall publish a public notice of availability of the BER.

(a) The Borrower's notice shall: (1) Provide a brief description of the nature and location of its recommended and reasonable alternatives;

(2) State the availability of the BER for public review;

(3) State how copies of the BER can be obtained and where copies are available for public review, which shall include the Borrower's headquarters, RUS offices in Washington, DC, and other locations as determined by RUS;

(4) Provide the name and address of the person to whom questions and comments should be sent:

(5) Set forth a thirty (30) day time period for review and comment.

(b) The Borrower's notice shall be published after RUS has determined that the BER provides a satisfactory basis for public comment.

[49 FR 9550, Mar. 13, 1984; 49 FR 10083, Mar. 19, 1984]

§ 1794.63 FONSI and notice requirements.

(a) If RUS, after reviewing the EA, finds that the proposal will not have a significant effect on the human environment, RUS shall prepare a FONSI After the FONSI has been made, RUS shall publish a notice of availability of the EA and FONSI. The Borrower shall have published, in a timely manner, a similar notice.

(b) Both the RUS and Borrower's notice shall:

(1) Provide a brief description of the nature and location of the preferred and reasonable alternatives:

(2) State that an EA and FONSI have been prepared;

(3) State how copies of the EA and FONSI can be obtained, and where copies are available for public review which shall include the Borrower's headquarters, RUS offices in Washington, and other locations as determined by RUS;

(4) Provide the name and address of the person to whom questions and comments should be sent.

(c) RUS shall not permit construction or other activities which would have an environmental effect until it has received, reviewed and accepted an adequate BER and the public notice requirements in paragraphs (a) and (b) of this section have been met.

§ 1794.64 Timing of agency action.

RUS may take its final action on proposals requiring an EA without scoping (§1794.33) at any time after publication of the RUS and Borrower notices that a FONSI has been made.

Subpart H-Procedure for Environmental Assessment Proposals With Scoping

§ 1794.70 General.

For those proposals covered by §1794.34, RUS and the Borrower shall follow the procedures for scoping and the requirements for notices and documents set forth in §§ 1794.50 through 1794.53 of Subpart F, "Procedure for Proposals Normally Requiring an EIS."

$1794.71 RUS determination.

After the scoping process and receipt of an acceptable Environmental Analysis, RUS shall make a judgment as to whether or not RUS's action will be a major Federal action significantly affecting the quality of the human environment. If a significant effect is evident, RUS shall continue with the procedures in §§ 1794.54 through 1794.55 of Subpart F, "Procedure for Proposals Normally Requiring an EIS." If a significant effect is not evident, RUS shall develop and prepare an EA and FONSI.

§ 1794.72 Notice requirements for FONSI determination.

If RUS prepares a FONSI for a proposal covered by § 1794.34, RUS and, in a timely manner, the Borrower shall publish notices of availability of the EA and FONSI. The EA and FONSI shall be made available for public review and comment for at least thirty (30) days, and the RUS and Borrower notices shall solicit public comments. Additional RUS and Borrower notice requirements are included in § 1794.63.

§ 1794.73 Timing of agency action for FONSI determination.

RUS may take its final action at any time after expiration of the thirty (30) day period measured from the date of publication of the RUS notice in the FEDERAL REGISTER. Normally RUS shall wait thirty (30) days after publication of the Borrower's notice before taking a final action.

concluded that comments and suggestions have been adequately considered.

(b) If RUS was not a cooperating agency but determines that another Federal agency's EIS is adequate it will adopt the EIS as its final EIS.

(1) RUS and the Borrower shall publish a notice stating RUS's adoption of the EIS and independent determination of its adequacy. The notices are governed by §§1794.12 and (general) 1794.54(a) (EIS).

(2) If the adopted EIS is generally available, RUS will circulate its written finding that the adopted EIS meets the standards for an adequate EIS. The adopted EIS shall be made available to interested parties upon request.

(3) If the adopted EIS is not generally available, RUS will circulated its written finding that the adopted statement is an adequate EIS, along with either the adopted EIS or a summary thereof in accordance with 40 CFR 1502.19. The adopted EIS shall be circulated in the same manner as a final EIS (see § 1794.54(b)).

§ 1794.82 Adoption as a draft EIS.

Where RUS determines that an existing Federal EIS requires additional information to meet the standards for an adequate statement for a proposed RUS action, RUS may adopt all or a portion of the EIS as a part of its draft EIS. The circulation provisions of § 1794.54(b) for draft and final EIS's apply. The general notice provisions (§ 1794.12) and notice provisions for EIS's (§1794.54(a)) apply.

§ 1794.83 Adoption of an EA.

RUS may adopt a Federal EIS or EA 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.

§ 1794.84 Adoption of environmental materials.

RUS may adopt environmental documents or portions thereof prepared by Federal, state or local agencies or other parties independently of the requirements of NEPA. RUS may adopt such materials into its environmental documents. RUS will circulate the adopted document as a part of its environmental assessment or draft and

final EIS in the same manner as if prepared by RUS.

§ 1794.85 Timing of agency action.

Where RUS has adopted another agency's environmental documents, the timing of the RUS action shall be subject to the same requirements as if RUS had prepared the required EA or EIS.

Subpart J-Supplemental EIS

$1794.90 Circulation and notices.

(a) A supplement to a draft or final EIS shall be prepared, circulated and given notice by RUS and the Borrower in the same manner (exclusive of scoping) as a draft and then final EIS (see §1794.54).

(b) Normally RUS and the Borrower shall have published notices of intent to prepare a supplement to a final EIS in those cases where a Record of Decision 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 Borrower shall publish a notice of availability. The notice requirements shall be the same as for a final EIS indicated in §1794.54(a). The information supplement shall be circulated in the same manner as a final EIS (see §1794.54(b)). RUS shall take no final action on any proposed modification discussed in the information supplement until thirty (30) days after the RUS notice of availability is published or thirty (30) days after the Borrower's notice is published, whichever occurs later.

§ 1794.91 Timing of agency action.

Timing of RUS's action shall be subject to the same requirements as apply to a typical EIS.

Diagram Legend

◆ On-going activity in the EIS process B, C, D, Discrete events in the Siting Study and Environmental Analysis path B, C, Discrete events in the Alternative Evaluation path

As the diagram illustrates, there will be two separate but interrelated study processes leading to the preparation of the EIS. One process B, through H, will examine alternatives to building a generating (or transmission or new mining) facility. The other process, B through H will examine a range of potentially acceptable sites for a generating (or transmission or new mining) facility.

In order to facilitate long-range planning and reduce delays, a Borrower may undertake preliminary evaluations of alternative means of providing power and begin the study of a range of potentially acceptable sites for a generation (or transmission or new mining) facility before demonstrating a need for the proposal. However, the obligation to show a need for the proposal will still remain before RUS financing assistance can be obtained.

Equal spacing between points on the diagram is not meant to suggest equal time intervals. Where two letters are the same (except for subscripts), generally the two indicated events should occur within the same time frame. For BĎ and B,Ď1, this is only true where the Borrower initiates site selection at a time when there is a specific need to be filled. For major transmission projects, events occurring with reference to the Macro-Corridor Study are analogous to the generation and mining Siting Study procedures.

The flow diagram is intended to indicate the normal sequence of events although some variance may be acceptable in individual cases if good cause is demonstrated. However, in all instances RUS shall assure that the requirements of the NEPA and CEQ regulations are fulfilled.

Discrete Events

A: The Borrower presents to RUS the underlying needs which form the basis of its proposal. RUS undertakes for electric generation proposals, when necessary, the preparation or update of the power requirements study (PRS) utilizing RUS procedures. For electric generation and transmission and mining proposals, the need for the proposal shall be presented in the draft and final EIS's (or EA, as applicable).

B and B1: The Borrower consults with RUS on the procedures and general parameters for the Siting Study and on potential alternative ways to meet the need, including guidance on preparing the Alternative Evaluation. Consultation may be initiated even if a specific need has not been identified.

BC: Work is performed on the Siting Study by the Borrower and/or consultant. This includes "macroanalysis" in which general criteria, literature search and consultation are used to identify a reasonable range of potentially acceptable sites. Borrower/consultant contact Soil Conservation Service (SCS), U.S. Environmental Protection Agency (EPA), U.S. Fish and Wildlife Service (FWS), U.S. Army Corps of Engineers (COE), Federal land use agencies and state agencies for early guidance and input.

As soon as practicable during this period, RUS publishes its "Notice of Intent" in the FEDERAL REGISTER and the Borrower publishes similar information in local newspapers of general circulation. (See §1794.51(b)).

BIC: Borrower does research and consultation, contacts other utilities, etc., to determine whether there are reasonable alternatives to a new generating (or transmission or mining facility). The Alternative Evaluation should include discussion, as appropriate, of joint projects, alternate fuels, alternate energy sources, conservation, etc. Alternatives eliminated from detailed study should be identified and reasons given for the elimination. The Borrower should also indicate which alternatives are reasonably available to it if its recommended alternative is not approved.

C and C1: Borrower submits draft of Siting Study and Alternative Evaluation to RUS for review. RUS reviews each draft for major flaws. If such flaws are not present, RUS submits both the draft Siting Study and Alternative Evaluation to potentially involved Federal and state agencies (including, but not limited to, all agencies invited to the field investigation) for review and comment.

D and D1: RUS invites other Federal and state agencies to make a field investigation of potentially acceptable siting areas discussed in the draft Siting Study and critique the study methodology, and point out potential problems with these alternative siting areas. The Borrower at this time presents site and nonsite specific alternatives included in the Siting Study and Alternative Evaluation to these agencies for their comments. Participating agencies may critique alternative means of meeting the need and point out potential problems with alternative siting areas. The agencies set up a strategy for conducting the scoping process and tentatively identify the lead and cooperating agencies for the EIS.

DE: Federal agencies are given the opportunity to comment on the potentially acceptable alternatives to point out fatal flaws. During this stage the Borrower may secure land, water or other critical factors for potentially acceptable sites by option or other means (subject to the limitations in §1794.21). If RUS's notice of intent and the

Borrower's notice did not give the date and time of the scoping meeting, scoping meeting notices are published now.

E and E, Scoping meeting(s) is held to receive input from the public, interested parties, and Federal, state and local officials and agencies. Among the topics open to discussion are reasonable alternatives to meet the need, potentially acceptable sites, participation projects or conservation, significant issues to be addressed in the EIS, and the need for the project.

EF: Borrower submits revised Siting Study (or addenda if appropriate) to RUS for review after revising it to reflect input from scoping meeting(s). RUS consults with cooperating agencies on the scope of the EIS and gives the Borrower guidance on scope of the Environmental Analysis. Borrower prepares the draft Environmental Analysis which includes a fatal flaw study of potentially acceptable sites and a "microanalysis" in which detailed field work is conducted on the Borrower's recommended site(s). The Borrower continues consultation with RUS and other interested Federal, state, and local agencies, and the public, and reflects their comments in the Environmental Analysis.

DIF: Borrower updates and expands, as necessary, the Alternative Evaluation on the basis of comments received from Federal, State and local officials and agencies, input from participants at the scoping meeting(s), the general public and new developments (e.g., negotiations with other electric power utilities), RUS provides guidance to the Borrower during this period based on cooperating agency and public input.

F and F: The Borrower submits draft Environmental Analysis to RUS for review and comment. If the draft Environmental Analysis has no readily apparent critical flaws, RUS distributes copies of the Environmental Analysis to cooperating agencies for review. Borrower submits Alternative Evaluation, which has been updated after the scoping

meeting, and also includes new alternatives, if any, which have developed. RUS submits updated Alternative Evaluation to requesting cooperating agencies. The Environmental Analysis may incorporate the Alternative Evaluation leading to a single review document.

FG and F,G,: RUS and cooperating agencies independently evaluate, for accuracy, scope and content, the information submitted to them. RUS collates responses and reconciles them with the Borrower. RUS may begin writing the draft EIS at this point.

H and H,: RUS Borrower submits, as appropriate, a final revised Environmental Analysis and Alternative Evaluation to RUS.

HJ and H,J: RUS independently evaluates the revised documents and verifies the information therein before use in the EIS. During this time, RUS prepares the draft EIS, utilizing the borrower-supplied data, interagency expertise, and other information.

J: RUS issues draft EIS for public review and comment publishing notice of availability in the FEDERAL REGISTER.

K: Public comment period ends on draft EIS. This date may be extended in certain instances.

KL: RUS (and cooperating agencies, as appropriate) review comments received on draft EIS and responds, by modifying alternatives, developing alternatives not previously given sufficient consideration, supplementing, improving or modifying the analyses, etc. A final EIS or supplemental draft EIS is prepared, as appropriate, with cooperating agencies' assistance.

M: Record of decision is issued. RUS will take no final action on any loan guarantee, etc., sooner than 30 days after issuance of the final Federal EIS.

MN: Implementation of mitigation measures is checked, as necessary, by RUS and other Federal, state, and local agencies during construction and operation of the project.