7 CFR 1794.20 - Control.
Electric and telecommunications programs. For environmental review purposes, RUS has identified and established categories of proposed actions (§§ 1794.21 through 1794.25). An applicant may propose to participate with other parties in the ownership of a project where the applicant(s) does not have sufficient control to alter the development of the project. In such a case, RUS shall determine whether the applicant participants have sufficient control and responsibility to alter the development of the proposed project prior to determining its classification. Where the applicant proposes to participate with other parties in the ownership of a proposed project and all applicants cumulatively own:
(a) Five percent or less of a project is not considered a Federal action subject to this part;
(b) Thirty-three and one-third percent or more of a project shall be treated in its usual category;
(c) More than five percent but less than 33 1/3 percent of a project, RUS shall determine whether the applicant participants have sufficient control and responsibility to alter the development of the proposal such that RUS's action will be considered a Federal action subject to this part. Consideration shall be given to such factors as:
(1) Whether construction would be completed regardless of RUS financial assistance or approval;
(2) The stage of planning and construction;
(3) Total participation of the applicant;
(4) Participation percentage of each utility; and
(5) Managerial arrangements and contractual provisions.