For the purposes of this section, infrastructure projects shall include projects such as broadband, telecommunications, electric, energy efficiency, smart grid, water, sewer, transportation, and energy capital investments in physical plant and equipment, but not investments authorized in the Housing Act of 1949. Funds so obligated shall be rescinded if the Agency cannot conclude the environmental review process before the end of the fiscal year after the year in which the funds were obligated, or if the Agency determines that it cannot proceed with approval based on findings in the environmental review process. At the discretion of the Agency Administrator, funds may be obligated contingent upon the conclusion of the environmental review process prior to any action that would have an adverse effect on the environment or limit the choices of any reasonable alternatives. (b ) The environmental review process must be concluded before the obligation of funds except for infrastructure projects where the assurance that funds will be available for community health, safety, or economic development has been determined as necessary by the Agency Administrator. 8107a), and any other such programs or similar financial assistance actions to primary recipients as described above. 940c-1), Rural Energy Savings Program ( 7 U.S.C. 901), Section 313A, Guarantees for Bonds and Notes Issued for Electrification or Telephone Purposes ( 7 U.S.C. 1926(a)(2)(B)), Energy Efficiency and Conservation Loan Program ( 7 U.S.C.
1926e), Revolving Funds for Financing Water and Wastewater Projects (Revolving Fund Program) ( 7 U.S.C. 2008s), Household Water Well System Grant Program ( 7 U.S.C. 940c), Rural Microentrepreneur Assistance Program ( 7 U.S.C. 1932(c)), Rural Economic Development Loan and Grant Program ( 7 U.S.C. 9812), Rural Business Development Grant Program ( 7 U.S.C. 1490m), Multi-Family Housing Preservation Revolving Loan Fund ( 7 CFR part 3560), Intermediary Relending Program ( 7 U.S.C. The entities or organizations receiving the initial Agency financial assistance are considered “primary recipients.” As the direct recipient of this financial assistance, “primary recipients” provide the financial assistance to other parties, referred to as “secondary recipients” or “ultimate recipients.” The multi-tier action programs include Housing Preservation Grants ( 42 U.S.C. Financial assistance provided by specific programs administered by the Agency, that provides financial assistance to eligible recipients, including but not limited to: Intermediaries community-based organizations, such as housing or community development non-profit organizations rural electric cooperatives or other organizations with similar financial arrangements who, in turn, provide financial assistance to eligible recipients. The Agency shall not fund the proposal unless there is a demonstrated, significant need for the proposal and no practicable alternative exists to the proposed conversion of the above resources. Avoiding development in floodplains includes avoiding development in the 500-year floodplain, as shown on the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps, where the proposed actions and facilities are defined as critical actions in § 1970.6. (a ) Applicants' proposals must, whenever practicable, avoid or minimize adverse environmental impacts avoid or minimize conversion of wetlands or important farmlands (as defined in the Farmland Protection Policy Act and its implementing regulations issued by the USDA Natural Resources Conservation Service) when practicable alternatives exist to meet development needs avoid unwarranted alterations or encroachment on floodplains when practicable alternatives exist to meet developmental needs and avoid or minimize potentially disproportionate and adverse impacts to minority or low-income populations within the proposed action's area of impact.
Limitations on actions during the NEPA process.ĬEs involving no or minimal disturbance without an environmental report.ĬEs involving small-scale development with an environmental report. Timing of the environmental review process. Raising the level of environmental review.