[Code of Federal Regulations]
[Title 7, Volume 11]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1794.61]

[Page 1143-1144]
 
                          TITLE 7--AGRICULTURE
 
    CHAPTER XVII--RURAL UTILITIES SERVICE, DEPARTMENT OF AGRICULTURE
 
PART 1794--ENVIRONMENTAL POLICIES AND PROCEDURES--Table of Contents
 
        Subpart G--Procedure for Environmental Impact Statements
 
Sec. 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 third-party consultant selected 
by RUS and funded by the applicant (7 CFR part 1789) may prepare the 
EIS.

[[Page 1144]]

    (1) After a draft or final EIS has been prepared, RUS and the 
applicant shall concurrently have a notice of availability for the 
document published. The time period allowed for review will be a minimum 
of 45 days for a draft EIS and 30 days for a final EIS. This period is 
measured from the date that the U.S. Environmental Protection Agency 
(EPA) publishes a notice in the Federal Register in accordance with 40 
CFR 1506.10.
    (2) In addition to circulation required by 40 CFR 1502.19, the draft 
and final EIS (or summaries thereof, at RUS discretion) shall be 
circulated to the appropriate state, regional, and metropolitan 
clearinghouses.
    (3) Where a final EIS does not require substantial changes from the 
draft EIS, RUS may document required changes through errata sheets, 
insertion pages, and revised sections to be incorporated into the draft 
EIS. In such cases, RUS shall circulate such changes together with 
comments on the draft EIS, responses to comments, and other appropriate 
information as its final EIS. RUS will not circulate the draft EIS 
again, although RUS will provide the draft EIS if requested within 30 
days of publication of notice of availability of the final EIS.
    (b) Electric program. Where the applicant or its consultant has 
prepared an EVAL, RUS will develop its draft and final EIS from the 
EVAL. An EVAL will not be required if a third-party consultant prepares 
the draft and final EIS.