[Code of Federal Regulations]
[Title 7, Volume 6]
[Revised as of January 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR650.12]

[Page 516-517]
 
                          TITLE 7--AGRICULTURE
 
   CHAPTER VI--NATURAL RESOURCES CONSERVATION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 650_COMPLIANCE WITH NEPA--Table of Contents
 
             Subpart A_Procedures for NRCS-Assisted Programs
 
Sec. 650.12  NRCS decisionmaking.

    (a) General. The purpose of these procedures is to insure that 
environmental information is provided to decision makers in a timely 
manner. The NEPA process is a part of NRCS decisionmaking. The RFO is to 
insure that the policies and purposes of NEPA and CEQ regulations are 
complied with in NRCS decisionmaking by:
    (1) Including in all decision documents and supporting environmental 
documents a discussion of all alternatives considered in the decision. 
Alternatives to be considered in reaching a decision will be available 
to the public.
    (2) Submitting relevant environmental documents, comments, and 
responses with other decision documents through the review process.
    (3) Including in the record of formal rulemaking or adjudicatory 
proceedings relevent environmental documents, comments and responses.
    (4) Providing for pre- and post-project monitoring (40 CFR 
1505.2(c), 1505.3) and evaluation in representative projects to insure 
that planning and evaluation procedures are performed according to sound 
criteria.
    (b) Decision points in NRCS-assisted projects. NRCS administers 
programs that may have a significant effect on the human environment. 
Program procedures incorporate provisions for compliance with NEPA and 
for providing environmental information to the public, other agencies, 
and decision makers in a timely manner. NRCS provides technical and 
financial assistance for projects under the Watershed Protection and 
Flood Prevention and the Resource Conservation and Development (RC&D) 
programs. These usually require the preparation of project EA's or 
EIS's. The major decisionmaking points and their relation to NEPA 
compliance are as follows:
    (1) For Watershed Protection and Flood Prevention projects:
    (i) Application for assistance by the sponsoring local organization 
(SLO).
    (ii) A preauthorization report identifying goals, alternatives, and 
effects of alternatives (including environmental impacts) prepared by 
the RFO and submitted to the applicant for decision. It is circulated to 
local, State, and Federal agencies and public comment is solicited. A 
decision is made to stop planning assistance or to develop a watershed 
plan.
    (iii) Granting of planning authorization by the Administrator. The 
RFO must provide an evaluation of the potential environmental impacts to 
obtain the authorization.
    (iv) A watershed agreement between the SLO and NRCS. The agreement 
is based on a completed watershed plan and associated environmental 
documents, which have been adequately reviewed within NRCS.
    (v) A project agreement between the SLO and the RFO executed after 
the NEPA process is complete and the watershed plan has been approved 
and final plans and specifications have been developed.
    (2) For RC&D measure plans:
    (i) A request for assistance (measure proposal) is reviewed by the 
RC&D council to insure that the proposal is in accordance with the RC&D 
area plan. The proposal is then referred to NRCS.
    (ii) A preliminary report is prepared by the RFO to identify goals, 
alternatives, and effects (including environmental impacts). The report 
is submitted to the sponsor for review. The sponsor may then apply to 
NRCS for planning assistance for measures considered in the preliminary 
report.
    (iii) An authorization for planning assistance is granted by the 
RFO.
    (iv) The RC&D measure plan is signed by the applicant and the RFO 
after the preparation and review of the measure plan and environmental 
documents.
    (v) A project agreement is signed between the applicant and the RFO 
after the NEPA process is complete, the measure plan has been approved, 
and final plans and specifications have been prepared.
    (c) Record of decision--(1) EIS's. The RFO is to prepare a concise 
record of decision (ROD) for actions requiring an

[[Page 517]]

EIS. The record of decision is to be prepared and signed by the RFO 
following the 30-day administrative action period initiated by the EPA's 
publication of the notice of availability of the final EIS in the 
Federal Register. It is to serve as the public record of decision as 
described in 40 CFR 1505.2 of the CEQ regulations. The ROD is to be 
distributed to all who provided substantive comments on the draft EIS 
and all others who request it. A notice of availability of the ROD will 
be published in the Federal Register and local newspaper(s) serving the 
project area. The RFO may choose to publish the entire ROD.
    (2) Environmental Assessments (EA). If the EA indicates that the 
proposed action is not a major Federal action significantly affecting 
the quality of the human environment, the RFO is to prepare a finding of 
no significant impact (FNSI).
    (3) Distribution and publication of the FNSI (Sec. 1506.6(b)). The 
RFO is to distribute the FNSI to interested agencies and individuals. 
Notice of its availability is to be published in the Federal Register 
and in one or more newspapers serving the area of the proposed action. 
Single copy requests for the document are to be filed without charge. A 
charge may be made for multiple copies. Implementing action is not to be 
initiated for 30 days after the notice of availability of the FNSI has 
been published in the Federal Register.
    (d) Changes in actions. When it appears that a project or other 
action needs to be changed, the RFO will perform an environmental 
evaluation of the authorized action before making a change.