STAGED: Environmental Compliance

• A Categorical Exclusion (CE) – or CE with Environmental Report (ER) can typically take 2 – 6 months or longer to develop and complete. 
• The statutory timeline for an Environmental Assessment (EA) is 1 year.
• The statutory timeline for Environmental Impact Statements is 2 years.

1. USDA RD has reviewed the environmental review document for accuracy and completeness
2. All required public notices have been published, and public comment periods are concluded
3. USDA RD has considered and addressed public comments received during established comment periods
4. USDA RD has approved submitted environmental review documents
5. USDA RD executes the appropriate environmental decision document. Program staff will notify applicants.

Title Six of the Civil Rights Act of 1964 (PDF) requires federal agencies to ensure no person – on the basis of race, color, or national origin – is excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity receiving federal financial assistance. 

1. Departmental Regulation 5600-002 | Environmental Justice (December 15, 1997)
2. USDA Departmental Regulation 4300-4 | Civil Rights Impact Analysis (May 30, 2003)
3. Departmental Regulation 1071-001 | Memorandum of Understanding on Environmental Justice and Executive Order 12898 Summary of Executive Order 12898 - Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations | US EPA (July 15, 2011)
4. Revitalizing Our Nation’s Commitment to Environmental Justice for All | Executive Order 14096 (April 21, 2023).
5. Guidance Under the National Environmental Policy Act

To the extent possible, federal agencies must avoid the long and short-term adverse impacts associated with the occupancy and modification of floodplains, and avoid direct and indirect support of floodplain development wherever there is a workable alternative.

1. The Federal Emergency Management Agency (FEMA) Flood Map Service Center (MSC) is the official public source for flood hazard information produced in support of the National Flood Insurance Program (NFIP)
2. Executive Order 11988 | Guidelines for Implementing Executive Order 11988, Floodplain Management
3. EO 13690
4. EO 14030
5. FEMA Flood Risk Management standards

Executive Order 14030 | Climate-Related Financial Risk (May 20, 2021)

Federal agencies must take action to avoid adverse impacts to wetlands, minimize wetlands destruction, and preserve wetlands values. Here are some tools to help you meet wetlands protection requirements:

1. USDA’s Natural Resources Conservation Service (NRCS) Web Soil Survey webpage offers Geographic Information System (GIS) map data produced by the National Cooperative Soil Survey and searchable by area of interest.
2. The U.S. Fish and Wildlife (FWS) National Wetlands Inventory webpage features a Wetlands Mapper tool designed to deliver easy-to-use views of America’s Wetlands.
3. The U.S. Army Corps of Engineers (USACE) offers a Nationwide Permits (NWP) Summary document (PDF). The most recent version of this table (2021) describes what actions are covered by which permit, and notes thresholds that must be met for the NWP to be used.

NOTE: The NWP also has regional implementation guidelines. To confirm any regionally required conditions, use the USACE Regulatory Boundaries map to locate and contact the USACE regional office closest to your proposed project.

Section 363 of the Consolidated Farm and Rural Development Act (7U.S.C. 2006e) (CONACT) prohibits Rural Development from approving any loan for the RD loan programs listed below that will drain, dredge, fill, level or otherwise manipulate a wetland or to engage in any activity that results in impairing or reducing the flow, circulation, or reach of water, except in the case of activity related to the maintenance of previously converted wetlands.  The CONACT prohibition does not apply to a loan made or guaranteed for a utility line.
 
Housing and Community Facilities Programs

• Community Facilities Direct and Guaranteed Loans

Rural Business Cooperative Service

• Business and Industry Direct and Guaranteed Loans
• Rural Transportation (RBEG earmarks and/or set asides)
• Intermediary Relending Program
• National Sheep Industry Improvement Center
• Northern Great Plains Regional Authority

Rural Utilities Service

• Water & Waste Disposal Direct & Guaranteed Loans
• Water, Wastewater & Essential CF Loans

This wetland impact prohibition also does not apply to grant only applications or RD funding Programs not authorized under the Food Security Act of 1985 (such as SFH Direct and Guaranteed Programs, MFH Direct and Guaranteed  Programs, Renewable Energy Programs and others.

The National Historic Preservation Act (NHPA) establishes federal policy regarding historic preservation. Through this statute, Congress directed the federal government “to use measures, including financial and technical assistance, to foster conditions for productive harmony between modern society and historic resources, and fulfill the social, economic, and other requirements of present and future generations.”

1. Regulations and Instructions
   1. National Historic Preservation Act of 1966
   2. Section 106 regulations | eCFR :: 36 CFR Part 800 -- Protection of Historic Properties
   3. USDA-RD Instruction, Historical and Cultural Resources | 7 CFR 1970 Subpart H (PDF)
2. Consultation Process
   1. Advisory Council on Historic Preservation (ACHP) Section 106 Flowchart
   2. ACHP Integrating NEPA and Section 106
   3. Initiation of Consultation
      • USDA-RD Section 106 Review Basics webpage (Initiation Letter Templates are available under Step 1) Please reach out to the applicable state contact for use of this document.
      • ACHP Guidance on Initiating a Section 106 Consultation
      • S. Department of Housing and Urban Development (HUD) Office of Environment and Energy (OEE) eGIS Tribal Directory Assessment Tool (TDAT)
      • USDA-RD Instruction on Land Use and Formally Classified Lands |
        7 CFR 1970 Subpart L (PDF)
      • ACHP Frequently Asked Questions regarding how to designate one lead federal agency to fulfill Section 106 responsibilities.
   4. Identification of Historic Properties
      • S. Department of the Interior (DOI) Office of Acquisition and Property Management | The Secretary of the Interior’s Professional Qualifications Standards
      • ACHP Guidance on meeting the “Reasonable and Good Faith” Identification Standard in Section 106 Review
      • ACHP List of State Historic Preservation Office (SHPO) National Register of Historic Places Inventories
   5. Assessment of Effects to Historic Properties
      • List of National Park service technical bulletins on evaluating, recording, and nominating National Register of Historic Places Properties
   6. Resolution of Adverse Effects
      • ACHP Guidance on Agreement Documents such as Memoranda of Agreement (MOAs) and Programmatic Agreements (PAs) under Section 106 of the NHPA.
   7. Program Alternatives
      • USDA Rural Development Nationwide Programmatic Agreement (PDF)
      • August 2020 Amendment to ACHP Program Comment on Wireless Communications Facilities (PDF)

Laws and regulations related to historic preservation:

• Section 304 | Confidentiality of location of sensitive historic resources. Frequently Asked Questions on Protecting Sensitive Information About Historic Properties Under Section 304 of the NHPA | Advisory Council on Historic Preservation (achp.gov)Section 110 | 54 USC 306101-306114 | Assumption of responsibility for preservation of historic property
• 25 USC 3001 – 3013 | Native American Graves Protection and Repatriation Act (NAGPRA)
• 43 CFR 7 | NAGPRA Regulations
• 16 USC 470 aa – mm | Archaeological Resources Protection Act (PDF)
• 43 CFR 7 | Protection of Archaeological Resources
• Executive Order 13281 | Preserve America (2003) – (PDF)
• 54 USC 302101 – 302108 | National Preservation Programs
• 36 CFR 60 | National Register of Historic Places regulations
• 36 CFR 63 | Determinations of Eligibility for Inclusion in the National Register of Historic Places
• 36 CFR 61 | Procedures for State, Tribal, and Local Government Historic Preservation Programs
• State Cemetery Laws | American University, Washington College of Law State Burial Laws Project.

• The Farmland Protection Policy Act (FPPA) is meant to minimize the extent to which federal programs contribute to the conversion of farmland to nonagricultural uses. The FPPA helps ensure federal programs are administered compatibly with state and local governments, and private programs and policies, to protect farmland. USDA’s Natural Resources Conservation Service has created a Farmland Protection Policy Act Manual (PDF) which explains FPPA program activities and requirements.
• Natural Resources Conservation Service Resources
• Farmland Conversion Impact Rating for Corridor Type Projects
• Farmland Conversion Impact Rating

• The U.S. Geological Survey’s (USGS) Map of Protected Areas Database of the United States (PAD-US) is America’s official national inventory of U.S. terrestrial and marine protected areas dedicated to the preservation of biological diversity and to other natural, recreation and cultural uses.
• The U.S. Department of the Interior | National Park Service (NPS) Nationwide Rivers Inventory is a map listing more than 3,200 free-flowing river segments in the U.S. believed to possess one or more “outstandingly remarkable” values
• National Wild and Scenic Rivers System – a multijurisdictional website hosted by the U.S. Fish and Wildlife Service, and co-sponsored by the Bureau of Land Management, National Park Service, and the U.S. Forest Service
• Protected Lands.net
• Natural Resources Conservation Service - State Soil Scientists

We recognize that healthy ecosystems depend on diverse and abundant plant and animal populations. Fish and wildlife are important economic, aesthetic, ecological, educational, recreational and scientific resources, and have inherent value as components and indicators of healthy ecosystems.

• The U.S. Fish and Wildlife Service (USFWS)Information for Planning and Consultation (IPaC) website is a project planning tool that helps streamline the USFWS environmental review process. IPAC provides information to project proponents to help determine whether a project will have effects on federally listed species or designated critical habitat, as well as other sensitive resources managed by the U.S. Fish and Wildlife Service
• ECOS Environmental Conservation Online System

• The US Environmental Protection Agency interactive Map of Sole Source Aquifer Locations includes information on sole-source aquifers, and in some instances, regional streamflow zones, aquifer recharge areas, and other land surface features.
• The National Oceanic and Atmospheric Administration’s (NOAA) Office for Coastal Management State Federal Consistency Lists website identifies federal agency, federal licensing or permit, and federal financial assistance activities subject to consistency review when activities take place within a state’s coastal zone.
• The U.S. Fish and Wildlife Service Coastal Barrier Resources Act (CBRA) webpage includes links to Coastal Barrier Resources System (CBRS) Mappers.
• NOAA’s National Coastal Zone Management Program webpage includes environmental compliance initiatives and helpful resources for coastal managers.

The U.S. EPA’s Green Book Book-List of Non-attainment and Maintenance Areas | https://www3.epa.gov/airquality/greenbook/anayo_ak.html | offers detailed information about national ambient air quality standards (NAAQS).