Multi-Tier Action Environmental Compliance Agreement

This document is an exhibit to RD Instruction 1970-A that establishes environmental compliance requirements for primary recipients of multi-tier action funding from USDA Rural Development. Primary recipients must sign this agreement prior to receiving financial assistance and must comply with six key environmental compliance stipulations for all proposals before funds are disbursed to borrowers (ultimate recipients).

The six required compliance conditions are: (1) maintaining copies of 7 CFR 1970 Environmental Policies and Procedures and designating a trained individual as the environmental compliance contact point; (2) conducting screening of all re-loans to ultimate recipients to verify they qualify as categorical exclusions under § 1970.53 or § 1970.54, and determining if extraordinary circumstances exist; (3) obtaining concurrence from the State Historic Preservation Officer or FWS/National Marine Fisheries Service for proposals affecting historic properties or listed species/critical habitat; (4) documenting all environmental review documentation and conclusions regarding categorical exclusions in the official environmental file; (5) referring proposals that do not meet categorical exclusions or may have extraordinary circumstances, including Section 7 of the Endangered Species Act and Section 106 of the National Historic Preservation Act compliance issues, to the Agency for further review; and (6) understanding that failure to meet agreement requirements may result in written warnings, withdrawal of Agency financial assistance, suspension from participation in Agency programs, or other appropriate action. The primary recipient must sign and date the agreement, certifying compliance with all conditions on each proposal and full cooperation with USDA Rural Development on any necessary environmental reviews.