2.2 RELATIONSHIP OF ER TO PER FOR RUS APPLICANT’S

Rural Utilities Service requires applicants to prepare the applicable environmental documentation concurrent with a proposed action’s engineering, planning, and design activities. The preparation of the Environmental Report (ER) by the applicant is the first step in the process by which RUS officials make decisions that are based on an understanding of environmental consequences, and take actions that protect, restore, and enhance the environment. RUS shall assist applicants by outlining the types of information required and shall provide guidance and oversight in the development of the documentation. In all cases, the consulting engineer will be responsible for developing the ER. This can either be through a sub-contract with a firm or persons that specializes in NEPA reports, or with NEPA trained in-house talent. The preparer of the ER must have special skills and training to prepare NEPA documentation. All NEPA documentation prepared for RUS projects must comply with RUS Bulletin 1794A-602 Guide for Preparing the Environmental Report for Water and Waste Projects. This Bulletin is available from the RUS local office or it can be downloaded from the RUS web site at:  http://www.usda.gov/rus/water/regs-bulletins.htm.  The ER must be sufficiently detailed to enable RUS to establish the purpose and assess the need for the proposed project; determine if all reasonable alternatives to the proposed project have been appropriately considered; evaluate the environmental effect of the proposed project and the alternatives considered; assess the significance of those effects; and specify mitigation measures where necessary. The ER is to be developed in conjunction with the Preliminary Engineering Report (PER). Even though both documents may share some of the same information, each document must be a stand-alone document. That is to say, duplicate information may not be included in the ER from the PER by reference only, but must be reproduced in the ER.

The environmental review process requires the early coordination and involvement of RUS.  Applicants should consult with RUS at the earliest stages of planning for any proposal that may require RUS action. Documentation shall not be considered complete until a Biological Assessment or other studies, if required, have been completed.

In carrying out its responsibilities under NEPA, RUS will make diligent efforts to involve the public in the environmental review process through public notices and public hearings and meetings. RUS will develop all public notices and will direct the applicants when to publish them. 

Once an ER has been prepared by the applicant and accepted by RUS, the proposed action will be classified as either:

• Categorical Exclusion requiring an ER,

• Environmental Assessment (EA),

• Environmental Assessment with Scoping,

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.

If no feasible alternative exists, including the no-action alternative, measures to mitigate the identified adverse environmental impacts shall be included in the proposal. The ER must be developed concurrently with the Preliminary Engineering Report (PER).

The performance of environmental reviews and the consideration of alternatives shall occur as early as possible in the Rural Development decision making process so that the Agencies will be in the most flexible and objective position to deal with these considerations.

The funding agency will define the scope and category of environmental assessment required for the action. The applicant shall take no 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), until the agency concludes its environmental review process. Rural Development shall assist applicants and their consultants by providing guidance and oversight in the development of environmental review documents.

Documentation shall not be considered complete until all public notices are issued, public review periods have expired and the decision document, a Finding of No Significant Impact (FONSI) or a decision to prepare an environmental impact statement has been issued. Applicants should consult with the funding agency at the earliest stages of planning, prior to obtaining the services of an environmental consultant, to determine the scope of documentation.

When conducting the environmental review, the applicant, their consultant or Rural Development will correspond with the appropriate regulatory/ jurisdictional agencies. All copies of that correspondence will be included in the environmental file or ER, as applicable.

If the scope of a project is revised after the Environmental Report/ Document is accepted by the agency, the applicant or their consultant must supplement or revise the ER as necessary, including further consultation with regulatory agencies, if needed.

Copies of the USDA Natural Resources Management Guide for Delaware and Maryland may be obtained at any USDA - Rural Development office.  It is also available at www.rurdev.usda.gov/de/ and   http://www.rurdev.usda.gov/md/

Copies of Environmental Instructions 1940-G and 1794, along with all related Administrative Notices (AN) are also available at any RD office.   These same regulations, and others, are also available electronically at the following USDA web sites:

          RHS and RBS               http://www.rurdev.usda.gov/regs/regs_toc.html

          RUS                               http://www.usda.gov/rus/water/regs.htm