USDA Rural Development

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USDA Rural Development

• National Environmental Policy Act
• Regulatory Overview
• Preparing Environmental Reports
• Annual Rural Community Development
• National Training Conference
• Kissimmee, Florida
• June 10-13, 2002

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Rural Community Development National Training
Conference

• Objectives
• Part I NEPA Regulatory Overview
• Introduce/Overview of NEPA, Regulatory Framework
  of 7 CFR 1794/OCD Regulations
• NEPA Implementation/Guidance
• RD and applicant responsibilities
• Processing of Environmental Reports/Documents
• Part II Preparing Environmental Reports
• RUS Bulletin 1794A-602
• NEPA Compliance Tools
• RUS Website, Forms, Training CDs, ForeHelp,
  Recent Initiatives

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Rural Community Development National Training
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• National Environmental Policy Act (1969)
• Council on Environmental Quality (CEQ)
  Regulations 40 CFR 1500, 11/28/78 (1979)
• FmHA Regulations 7 CFR Part 1940-G, 1/30/84
• REA Regulations 7 CFR Part 1794, 3/13/1984
• USDA Reorganization Act of 1994,P.L.103-354
• RUS Regulations 7 CFR Part 1794, 12/11/98
• OCD Regulations 7 CFR Part 25, 3/25/02

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Rural Community Development National Training
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• National Environmental Policy Act
• Declared a national policy for the environment
• it is a continuing policy of the Federal
  government, in cooperation with State and Local
  governments and other concerned publicto use all
  practicable means and measuresin a manner to
  foster and promote the general welfare, to create
  and maintain conditions under which man and
  nature can exist in productive harmony and
  fulfill the social, economic, and other
  requirements of present and future generations.

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Rural Community Development National Training
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• National Environmental Policy Act Policies
• Improve and coordinate Federal plans, so the
  Nation may
• Attain widest range of beneficial uses without
  degradation, risk to health and safety
• Preserve important historic, cultural and natural
  aspects of national heritage, and maintain an
  environment which supports diversity
• Achieve a balance between population and resource
  use

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Rural Community Development National Training
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• National Environmental Policy Act
• Regulation and public laws shall be interpreted
  and administered in accordance with the policies
  of this Act
• Applicable to ALL Federal agencies
• Utilize a systematic approach in evaluating the
  environmental implications of proposals
• Required that environmental values be given
  appropriate consideration in decision-making
  along with economic and technical
  considerations.
• Created the Council on Environmental Quality (CEQ)

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Rural Community Development National Training
Conference

• Council on Environmental Quality (CEQ)
• Formulate and recommend nationwide policies to
  promote the improvement of environmental quality
• Develop NEPA implementation regulations
• Provides oversight and review of the development
  of Federal agency-specific NEPA procedures
• Mediate disagreements among Federal agencies
• Foster cooperation among Federal, state, local
  governments, the private sector and private
  citizens on environmental concerns

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Rural Community Development National Training
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• Council on Environmental Quality
• 40 CFR 1500 (11/28/78)
• Regulations for Implementing the Procedural
  Provisions of the National Environmental Policy
  Act

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Rural Community Development National Training
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• CEQ Regulations
• The NEPA process is intended to help public
  officials make decisions that are based on
  understanding of environmental consequences and
  to take actions that protect, restore, and
  enhance the environment.

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Rural Community Development National Training
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• CEQ Regulations
• NEPA procedures must insure that
  environmental information is available to public
  officials and citizens before decisions are made
  and before actions taken.

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Rural Community Development National Training
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• CEQ Regulations
• Use NEPA process to identify and evaluate the
  reasonable alternatives to proposed actions.
• Integrate the requirements of NEPA with other
  planning and environmental review procedures so
  that all such procedures run concurrently rather
  than consecutively

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Rural Community Development National Training
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• CEQ Regulations
• Agencies shall integrate the NEPA process with
  other planning at the earliest possible time to
  insure that planning and decisions reflect
  environmental values, to avoid delays ..and to
  head off potential conflicts.
• The Federal agency commences its NEPA process at
  the earliest possible time.
• Env. documents ..shall be circulated and reviewed
  at the same time as other planning documents.

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Rural Community Development National Training
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• CEQ Regulations
• Create framework for the environmental review
  process to include
• Levels of environmental review
• Integrate with other agency planning and review
  activities
• Timing of Agency action - planning and
  decision-making
• Need to consider alternatives
• Coordination among agencies and public

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Rural Community Development National Training
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• NEPA Level-of-Reviews

Categorical Exclusion
Environmental Assessment
Environmental Impact Statement
Increasing Complexity
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Rural Community Development National Training
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• Categorical Exclusions
• Category of actions which do not individually
  or cumulatively have a significant effect on the
  environment and for which neither an EA nor EIS
  is required.

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Rural Community Development National Training
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• Environmental Assessment
• A concise public document that provides
  sufficient evidence and analysis for determining
  whether to issue a Finding of No Significant
  Impact (FONSI) or prepare an EIS.

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Rural Community Development National Training
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• Environmental Impact Statement
• A detailed written statement that discusses
• Purpose and Need of Proposed Action
• Alternatives to the Proposed Action
• Affected Environment/Environmental Consequences
• List of Agencies Contacted

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Rural Community Development National Training
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• RUS 7 CFR Part 1794 - Environmental Policies and
  Procedures (issued 12/11/98)
• Supplements the CEQ procedures
• Established agency-specific policies and
  procedures
• Classifies agency actions into NEPA
  level-of-reviews establishes public involvement
  requirements.

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Rural Community Development National Training
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• Integration of Other Laws and E.O.
• Executive Orders
• Floodplain Management
• Protection of Wetlands
• Protection and Enhancement of Cultural
  Environment
• Protection and Enhancement of Environmental
  Quality
• Federal Actions to Address Environmental Justice
  in Minority Populations and Low-Income
  Populations
• Departmental Regulations
• DR 9500-3 Land Use Policy
• DR 9500-4 - Fish and Wildlife Policy
• DR 5600-2 Environmental Justice

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Rural Community Development National Training
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• Integration of Other Laws and E.O.
• Statutes
• Endangered Species Act
• National Historic Preservation Act
• Farmland Policy Protection Act
• Clean Water Act
• Safe Drinking Water Act
• Clean Air Act
• Wild and Scenic Rivers Act
• Various Land Management Statutes (Wilderness Act,
  National Trails System Act, etc.)
• Coastal Zone Management Act
• Coastal Barriers Act
• Noise Control Act
• National Flood Insurance Program
• Etc.

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Rural Community Development National Training
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RUS Environmental Policies and Procedures 7 CFR
Part 1794
A. General

• Adoption of
• Environmental
• Documents

Procedures for
D. Categorical Exclusions
B. Implementing the NEPA
E. Environmental Assessments
C. Classification of Proposals
F. EA with Scoping
G. EIS
Elec/Telecom Only
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Rural Community Development National Training
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• 7 CFR Part 1794
• Subpart B - Implementation of NEPA
• Explains Applicant Responsibilities
• Reiterates Need to Apply Early in Planning
  Process/ Evaluate Alternatives
• Defines the Public Involvement Process
• Defines Applicant Limitations During the NEPA
  Process
• Explains Agencys Policy Regarding Mitigation of
  Project-Related Impacts to avoid or minimize
  any adverse impacts

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Rural Community Development National Training
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• 7 CFR Part 1794
• Subpart C - Classification of Proposals
• Classifies Applicant Proposals into NEPA
  Levels-of-Review
• Categorical Exclusions
• Environmental Assessments
• Environmental Impact Statements

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Rural Community Development National Training
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• 7 CFR Part 1794
• Subparts D through G - Procedures for
• D. Categorical Exclusions
• E. Environmental Assessments
• G. Environmental Impact Statements
• Subpart H
• Adoption of Environmental Documents

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Rural Community Development National Training
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NEPA Levels-of-Review
FmHA 1940-G
CATEX CLASS I EA CLASS II EA
EIS
CATEX CATEX W/ ER EA
EIS w/o ER
RUS 1794
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Rural Community Development National Training
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• Environmental Reports
• Required for all projects that require
  construction
• Prepared concurrent with early project planning
  and design - Preliminary Engineering Report (PER)

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Rural Community Development National Training
ConferenceOCD 7 CFR 25 EZ/EC Regulations
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Rural Community Development National Training
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• Processing of Environmental Documents
• Participants
• Applicants
• RD Processing Office
• RD State Office State Environmental
  Coordinator/State Engineer
• Public Reviews, if required
• Loan Approval Official

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Rural Community Development National Training
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• Applicant Responsibilities 1794.10
• Applicants shall prepare applicable environmental
  documentation (Environmental Report) concurrent
  with engineering planning and design activities
  (PER)
• RUS shall assist by providing an outline of types
  of information required and provide guidance
  (Bulletin) and oversight in the development of
  the documentation
• Documentation not complete until all public
  review periods are completed

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Rural Community Development National Training
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• Applicant/Design Engineer Responsibilities
• Integrate environmental factors in project
  design/planning area
• Environmental factors should not be
  over-emphasized but should be given equal
  consideration with other economic and technical
  factors
• Explore and document consideration of
  alternatives
• Avoid or mitigate adverse environmental effects
• Public involvement where necessary or required

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Rural Community Development National Training
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• RD/Processing Office Responsibilities
• Provide guidance document (1794A-602) to
  applicant early in project planning
• Brief applicants as to RUS environmental policies
  and requirements
• Provide liaison between applicant and SEC
• Negotiate any proposed mitigation measures
• Review ER for completeness prior to submitting to
  SEC for review/acceptance
• Assist in public involvement activities
• Assist applicant in responding to public comments

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Rural Community Development National Training
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• SECs Responsibilities
• SEC responsible for providing technical and
  regulatory guidance/oversight for all
  environmental issues to staff and applicants
• Determining acceptability of ER ensuring
• Proper consultation with approp. regulatory
  agencies
• Adequacy and proper level of documentation/service
  areas
• Consistency with Executive Orders and USDA, RD or
  RUS policies/regulations
• Authorizing type/distribution/content of Public
  Notices
• Makes recommendations to Loan Approval officials
  regarding environmental issues related to project

Flowchart
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Rural Community Development National Training
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• Preparers of Environmental Reports
• Primary
• Applicants Engineering Consultants or Design
  Professionals
• Secondary
• Technical Service Providers - RCAP
• Regional Planning Commissions
• Co-funding agencies (State SRF)

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Rural Community Development National Training
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• Part Two Preparing
• Environmental Reports

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Preparing Environmental Reports

• RUS Bulletin 1794A-602
• Guide for Preparing
• Environmental Reports
• (for Water and Water Projects)

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Preparing Environmental Reports

• Bulletin 1794A-602 Introduction
• Applicant Responsibilities/establishing working
  relationships with applicant and RD staff
• Features and format of the ER
• ER relationship with PER
• Developing and Documenting Alternatives
• Establishing service area/area of potential
  effect (APE)
• Data collection/interactions with regulatory
  agencies
• Analysis/documentation

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Preparing Environmental Reports

• RUS Bulletin 1794A-602 TOC
• Section 1.0 Introduction
• Section 2.0 Format of ER
• Section 3.0 Environmental Information and
  Requirements
• Section 4.0 Agency Correspondence
• Section 5.0 Public Notices
• Section 6.0 Exhibits (Exhibit A-G)
  Correspondence, Sample Public Notices,
  Flowcharts, etc.

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Preparing Environmental Reports

• Purpose of ER
• Must be sufficiently detailed to enable RUS to
• Establish the purpose and need of project
• Determine if reasonable alternatives to the
  proposal have appropriately considered
• Evaluate the environmental effects of the
  proposal and each alternative
• Assess the significance of potential effects

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Preparing Environmental Reports

• Purpose of ER
• Ensure and document that environmental values are
  appropriately considered during project
  planning/design
• Provide enough information to allow RD to verify
  the accuracy of information and conclusions
• Specify mitigation measures if necessary

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Preparing Environmental Reports

• Features of ER
• Descriptions and discussions should be clear and
  complete enough so that a person with little
  previous knowledge of the proposed project can
  make an independent environmental review and
  easily verify the accuracy of the information and
  conclusions drawn from such information.
• Maximum use of maps depicting location of project
  components and environmental resources is crucial
  to expediting this review.

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Preparing Environmental Reports

• Features of ER
• Where conclusions are made, sufficient
  documentation must be presented to substantiate
  them.
• Any environmental concerns that are raised by
  Federal, State, or local agencies or the public
  must be addressed as completely as possible and
  resolved before the ER will be considered
  complete.
• All environmental documentation submitted to or
  received from Federal, State, or local agencies
  shall be referenced, as appropriate, and included
  in Appendices to the ER.

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Preparing Environmental Reports

• Features of ER
• Minimize repetition and the inclusion of
  extraneous background information. Reference
  supporting material, where appropriate.
• Emphasize real environmental issues. Only include
  information relevant to the proposed project and
  which is useful to RD/RUS decision-makers and the
  public.
• Present the information in a clear, concise
  manner, minimizing the use of long narratives.
  Bulleted lists, summary or comparative tables,
  maps and diagrams are preferable

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Preparing Environmental Reports

• Features of ER
• RD/RUS, can not substitute another Federal,
  State, or local agencys decision for its
  environmental decision.
• RD/RUS must still make its own independent
  decision and when applicable inform the public.
• RD/RUS will inform the applicant when public
  notices are required.

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Preparing Environmental Reports

• ER relationship with PER
• ER must be performed concurrently with an
  applicants engineering planning and design
  activities.
• ER is a public document - must be a stand-alone
  document from PER.
• Can reference information from ER in PER
• Any and all changes in the ER or PER must be
  reflected in both documents.

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Preparing Environmental Reports

• Developing/Documenting Alternatives
• Basic tenet of NEPA - No action alternative
  (establishes purpose and need of proposal)
• Drives economic and technical feasibilities of
  project proposals engineering, siting, etc.
• Helps to document and define the issue of
  reasonable alternatives
• Preferred alternative concept agency vs.
  applicants proposed action (mostly only for
  larger projects)

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Preparing Environmental Reports

• Date Collection Efforts/Analyses for ER
• Establish service area or Area of Potential
  Effect (APE)
• Data collection/interactions with regulatory
  agencies maximize use INTERNET or TELECON
• Analyze data determinations of effects
• Determine mitigation measures, if necessary
• Document all data sources and agency contacts
  CAN REFERENCE TELECONS

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Preparing Environmental Reports

• Level of Detail
• Commensurate with magnitude of construction/
  scope of proposal
• Maps
• Critical for project analysis and review
• USGS Quad sheets (124,000)
• Soil Surveys (115,840 or 120,000) (Preferred)
• FEMA maps

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Preparing Environmental Reports

• RUS Bulletin 1794A-602 TOC
• Section 1.0 Introduction
• Section 2.0 Format of ER
• Section 3.0 Environmental Information and
  Requirements
• Section 4.0 Agency Correspondence
• Section 5.0 Public Notices
• Section 6.0 Exhibits (Exhibit A-G)
  Correspondence, Sample Public Notices,
  Flowcharts, etc.

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Preparing Environmental Reports

• RUS Bulletin 1794A-602, Section 2
• Format of ER (Bulletin, Ex. E, p. 57)
• Executive Summary (primarily for EA-level
  projects)
• 1.0 Purpose and Need of Project
• 1.1 Project Description (Proposed Action)
• 1.2 Purpose and Need of Project
• 2.0 Alternatives to the Proposed Action
  (including the No-Action Alternative)

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Preparing Environmental Reports

• Format of ER (cont)
• 3.0 Affected Environment/Environmental
  Consequences
• 3.1 Land Use/Important Farmland/Formally
  Classified Land
• 3.2 Floodplains
• 3.3 Wetlands
• 3.4 Cultural Resources

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Preparing Environmental Reports

• Format of ER
• 3.0 Affected Environment/Environmental
  Consequences (cont)
• 3.5 Biological Resources
• 3.6 Water Quality Issues
• 3.7 Coastal Resources
• 3.8 Socio-economic/EJ Issues
• 3.9 Miscellaneous Issues Air Quality,
  Transportation, Noise, etc.

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Preparing Environmental Reports

• Format of ER Section 3.0
• 3.0 Affected Environment/Environmental
  Consequences
• (Example each topic organized as)
• 3.1 Land Use/ Imp. Farmland/FCL
• 3.1.1 Affected Environment
• 3.1.2 Environmental Consequences
• 3.1.3 Mitigation

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Preparing Environmental Reports

• Format of ER
• 4.0 Summary of Mitigation
• 5.0 Correspondence and Coordination
• 6.0 Exhibits/Maps

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0.58
0.36
0.26
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Preparing Environmental Reports

• Section 4.0 - Agency Contacts/Correspondence
• Data Collection
• Maximize use of websites for basic data
  collection
• If no effect document sources of information in
  ER may need to re-contact regulatory agencies
  (TELECON OKAY just document/reference name,
  date, and issues discussed)
• Review of applicant/agency determinations
• If its determined that a proposal may or will
  adversely affect a particular resource, written
  concurrence from applicable agency should be
  obtained
• Normally a 30-day comment period is sufficient
• All comments from regulatory agencies must be
  addressed

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Preparing Environmental Reports

• Section 5.0 - Public Notices
• Public Involvement - basic tenet to NEPA
• Required under
• NEPA
• E.O. 11988 Floodplain Management
• E.O. 11988 Protection of Wetlands
• USDA, DR 9500-6 Land Use Policy
• National Historic Preservation Act Sec.
  106 regulations

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Preparing Environmental Reports

• Section 5.0 - Public Notices
• No public notices until agency has
  approved/accepted ER
• Agency will inform applicant when and what public
  notices to publish
• Standard Requirements (in all cases)
• Publish in local newspapers of general
  circulation
• 3 consecutive days for daily newspapers
• 2 consecutive weeks for weekly newspaper
• Notices in non-classified/non-legal notice
  section
• Exhibit B Sample Public Notices

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Preparing Environmental Reports

• Section 5.0 - Public Notices
• Categorical Exclusions
• Preliminary Notices (30-day reviews)
• Only applicable for any of the four conditions
• Direct conversion of important farmlands (FPPA)
• Locate facility in and direct conversion of
  wetlands (E.O. 11990)
• Locate facility in and direct conversion of
  floodplains (E.0. 11988)
• Adverse effects to historic properties (36 CFR
  800.6 (a)(4))
• Final Notices (no additional review period)
• - Term does not include utility lines.

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Preparing Environmental Reports

• Section 5.0 Public Notices
• Environmental Assessments
• Notice of Availability of EA and, if necessary,
  combine with Preliminary Notice - 30-day review
• FONSI/Final Notice (if necessary) - normally no
  review period If substantive comments are
  received or if the EA changes significantly after
  public review, the State Environmental
  Coordinator has the option to require an
  additional 15-day review period.

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Preparing Environmental Reports

• 6.0 Exhibits
• Exhibit A - Agency Correspondence - data
  collection purposes
• Exhibit B - Sample Public Notices - Need to state
  RUS for legal purposes
• Exhibit C - Examples of common mitigation
  measures
• Exhibit D - Listing of pertinent regulations,
  statutes, and Executive Orders considered under
  Agencys NEPA compliance activities
• Exhibit E - Example TOC for ER
• Exhibit F - Regulatory Flowcharts FPPA, NHPA,
  EJ
• Exhibit G Clean Water Act, Section 404
  information

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Preparing Environmental Reports

• Recommendations
• For projects other than rehabilitation or routine
  utility line extensions, think about your
  long-term future development plans
• Devote Sufficient Time For Early Project Planning
  And Contact Agency At Early Stage Of Planning
• Explore And Document All Reasonable Alternatives
  To Meet Defined Purpose And Need Of Proposal
• Use Maps Depict All Project Elements on
  Appropriate Maps
• Establish Broad Area Of Potential Effect for
  Analysis (Service Area)
• Document all Sources of Data and Conclusions
• Avoid Wetlands and Floodplains Unless No Other
  Practicable Alternative Exists
• Ensure Proper Consultation with Environmental
  Regulatory Agencies
• Avoid Adverse Environmental Effects

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Preparing Environmental Reports

• NEPA Compliance Tools
• RUS Website Engineering and Environmental Staff
• http//www.usda.gov/rus/water/ees/index.htm
• Environmental and Engineering information
• Environmental Compliance Library
• Environmental Compliance Catalog
• Bulletins
• Forms (accessible on Bulletin website)
• AD-1006 Farmland Conversion Impact Rating
• FEMA Form 81-93 Standard Flood Hazard
  Determination
• RD 2006-38 - Civil Rights Impact Certification
  Form

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Preparing Environmental Reports

• NEPA Compliance Tools
• Environmental Compliance Training CDs

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Preparing Environmental Reports

• NEPA Compliance Tools
• ForeHelp Application
• NEPA statute, regulations
• Executive Orders
• CEQ NEPA guidance document
• EPA guidance documents
• RUS regulations, Staff Instructions, and Bulletin
• USDA regulations
• Download - http//www.rdirm.usda.gov/simb/envhlp10
  /eeh.htm
• Initiatives
• Automating Environmental Report TurboTax
  approach/web-based.

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