PART 26—NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING PROCEDURES Authority: 42 U.S.C. 4321-4370a; E.O. 11514, 90 FR 8353. Source: 91 FR 36054, June 15, 2026, unless otherwise noted. Subpart A—General Information § 26.0 Purpose of this subpart. This subpart provides the procedures by which the Department of Veterans Affairs (VA) considers the environmental effects of its actions in carrying out the VA mission. This subpart also sets forth the scope and terminology of this part, and the responsibilities for implementing the requirements of the National Environmental Policy Act (NEPA) and this part. § 26.10 Purpose of this part. (a) The purpose of this part is to implement NEPA as amended (42 U.S.C. 4321 et seq. (b) This part establishes a framework for the early incorporation of the NEPA process into VA planning and decision-making for all VA activities that meet the definition of major Federal action (c) This part emphasizes the quality and timeliness of analysis of environmental effects rather than simply the production of documents. (d) VA intends this part to ensure that VA identifies and considers relevant environmental information early in the process to ensure informed decision-making; to ensure that VA conducts environmental reviews in a coordinated, consistent, predictable, and timely manner; to reduce unnecessary burdens and delays; and to promote concurrent environmental reviews to ensure timely and efficient decision-making. (e) This part does not, nor does it intend to, govern the rights and obligations of any party outside the Federal Government. They do, however, establish the procedures under which VA will typically fulfill its requirements under NEPA. (f) In addition to the process for establishing or revising categorical exclusions (CATEXs) set forth in § 26.30(d), VA will consult with the Council on Environmental Quality (CEQ) on any proposed future revisions to these NEPA implementing procedures in accordance with section 102(2)(B) of NEPA (42 U.S.C. 4332(B)). § 26.11 Applicability and scope. (a) This part applies to all VA elements in the United States, its territories, and possessions. VA elements include, but are not limited to, all of the sub-agencies, offices, organizations, and administrations under VA control. This part also has information relevant to third parties who participate or otherwise assist VA in the NEPA process, including but not limited to States, Tribes, and applicants for VA benefits or other assistance. Subpart C of this part discusses the role of third parties in the NEPA process. In addition, § 26.93 provides information relevant to international actions or effects. (b) VA's major Federal actions as defined in section 111(10) of NEPA (42 U.S.C. 4336e(10)) are subject to NEPA. In this part, VA actions refer to actions for which VA is the decision-maker (see § 26.12 for definition of decision-maker (1) This part applies to all VA major Federal actions. VA anticipates, on the basis of its experience, that the following types of actions are generally “major”: (i) Construction and maintenance projects; (ii) Real property acquisition and disposal; (iii) Leases and sharing agreements; (iv) Grants and other funding actions; and (v) Other facility and asset management decisions. (2) VA will determine that NEPA does not apply to a proposed action when: (i) The activities or decision do not result in final agency action under the Administrative Procedure Act (5 U.S.C. 704) or other relevant statute that also includes a finality requirement; (ii) The proposed activity or decision is explicitly exempt from NEPA by law; (iii) NEPA compliance would clearly and fundamentally conflict with another provision of law; (iv) Congress, by statute, has prescribed decisional criteria with sufficient completeness and precision such that VA retains no residual discretion to alter its action based on the consideration of environmental factors, in which case that function of VA is nondiscretionary within the meaning of NEPA section 106(a)(4) and/or section 111(10)(B)(vii) (42 U.S.C. 4336(a)(4) and 4336e(10)(B)(vii), respectively), and NEPA does not apply to the action in question; (v) The proposed action is an action for which another statute's requirements serve the function of agency compliance with NEPA; or (vi) The proposed action is not a “major Federal action.” The terms “major” and “Federal action,” each have independent force. NEPA applies only when both of these two criteria are met. Such a determination is inherently bound up in the facts and circumstances of each individual situation, and is thus reserved to the judgment of VA in each instance. NEPA does not apply to “non-Federal actions.” Therefore, under section 111(10)(B)(i) of NEPA, NEPA does not apply to actions with no or minimal Federal funding, or with no or minimal Federal involvement where a Federal agency cannot control the outcome of the project (42 U.S.C. 4336e(10)(B)(i)). A “but-for” causal relationship is insufficient to make an agency responsible for a particular action under NEPA. By the same token, minimal Federal funding or involvement, which may in a causal sense be a “but-for” cause of an action, does not by itself convert that action into a Federal action within the meaning of the language of the statute. VA has determined that the following non-exhaustive list of VA activities or decisions are not subject to NEPA because they presumptively do not meet the definition of a “major Federal action”: (A) Entitlement actions (see § 26.83(d)) and the VA home loan guaranty program; or (B) The actions involve routine administrative matters including but not limited to funding salaries, fellowships, corresponding fringe benefits, and travel; budgeting; finance; program management; and record keeping. (vii) In determining whether NEPA applies to a proposed agency action, VA will consider only the action or project at hand. § 26.12 Definitions. (a) All definitions of words and phrases in section 111 of NEPA (42 U.S.C. 4336e) apply to the procedures in this part. (b) In addition to the terms defined in section 111 of NEPA (42 U.S.C. 4336e), the following definitions apply to the procedures in this part: Applicant applicant Approval authority Connected actions (i) Automatically triggers the separate Federal action, which independently would require the preparation of additional NEPA documents; (ii) Cannot proceed unless the separate Federal action is taken previously or simultaneously; or (iii) Is an interdependent part of a larger Federal action that includes a separate Federal action, which mutually depend on the larger Federal action for their justification. Decision document Decision-maker Effects impacts (i) Effects include ecological (such as the effects on natural resources and on the components, structures, and functioning of affected ecosystems), aesthetic, historic, cultural, economic (such as the effects on employment), social, or health effects. Effects appropriate for analysis under NEPA may be either beneficial or adverse, or both, with respect to these values. (ii) A “but-for” causal relationship is insufficient to make an agency responsible for a particular effect under NEPA. Effects should generally not be considered if they are remote in time, geographically remote, or the product of a lengthy causal chain. Effects do not include those effects that the agency has no ability to prevent due to the limits of its regulatory authority, or that would occur regardless of the proposed action, or that would need to be initiated by a third party. Extraordinary circumstances Human environment environment Interim action Jurisdiction by law Mitigation (i) Avoiding the impact altogether by not taking a certain action or parts of an action. (ii) Minimizing effects by limiting the degree or magnitude of the action and its implementation. (iii) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment. (iv) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of the action. (v) Compensating for the impact by replacing or providing substitute resources or environments. NEPA document NEPA Implementation Officer NEPA process NEPA Specialist No action alternative Notice of availability Notice of intent Other environmental planning requirements Proponent Proposed action Public Affected public Publish and publication Related action Reasonable alternatives Reasonably foreseeable Record of decision Scope Supplemental Tiering United States VA elements § 26.13 Responsibilities. (a) Successful completion. (1) VA elements; (2) Persons authorizing or approving VA actions; and (3) Persons charged by VA to ensure the successful implementation of any and all elements of NEPA. (b) Applicants. (c) Secretary of VA. (1) The Secretary has the following objectives for the NEPA process: (i) Efficient, timely, and effective NEPA planning; (ii) Maintenance of sufficient resources to meet the goals of timely, effective, and high-quality NEPA analyses; (iii) Full compliance with all environmental laws, regulations, and Executive orders; and (iv) Consistency with other VA mission objectives, including service to veterans, fiscal responsibility, and national security. (2) The Secretary will: (i) Consider the environmental effects of his/her decisions; (ii) Plan, program, and budget for the requirements of this part; (iii) Fully integrate the requirements of this part into planning and decision-making for all policies, programs, activities, and operations of VA; and (iv) Delegate the authority to the Under Secretaries, Assistant Secretaries, and Directors of Staff Offices to implement the requirements of this part, including designation of the NEPA Implementation Officer; delegation of the authority to review NEPA analyses for technical adequacy and to sign NEPA decision documents based on technical adequacy; and delegation of overall agency NEPA compliance to the Senior Agency Official, who VA will specify in an agency-wide directive on NEPA roles and responsibilities. The Senior Agency Official is an individual with assistant secretary rank or higher and is typically within the Office of Acquisition, Logistics, and Construction. (d) Under Secretaries, Assistant Secretaries, and Directors of Staff Offices. (1) Assess environmental and historic preservation consequences of proposed, new, and on-going programs within their respective organizational units; and (2) Delegate to points of contact within their organizations as needed to support NEPA compliance. (e) Decision-makers. (1) Integrate environmental and historic preservation considerations into their decision-making prior to taking action; and (2) Sign decision documents, as specified in an agency-wide directive on NEPA roles and responsibilities. (f) NEPA Implementation Officer. (1) Support VA's compliance with NEPA and other environmental planning requirements; (2) Provide technical expertise and guidance for proposed plans, programs, and activities throughout VA; (3) Inform key environmental staff and Under Secretaries, the Senior Agency Official, Assistant Secretaries, and Directors of Staff Offices about the methods and status of NEPA implementation throughout VA programs and offices; (4) Advise proponents, decision-makers, and procurement officials on the status and requirements for the NEPA analysis of VA actions; (5) Develop and provide, as needed, supplemental guidance and training to enable the effective implementation of this part and other environmental planning requirements across all VA elements; (6) Promote early outreach and solicitation of environmental information for NEPA analysis; (7) Coordinate requests for cooperating agency status and joint lead agency status and coordinate with State, local, and Tribal agencies as needed with respect to completion of the NEPA process; (8) Liaise with the Advisory Council on Historic Preservation, the Environmental Protection Agency, and other Federal agencies as needed to satisfy coordination requirements and implement the NEPA process; (9) Promote the involvement of the public and other non-Federal entities in the NEPA analysis of VA actions with respect to completion of the NEPA process; (10) Identify discretionary activities within VA and ensure that VA fully integrates the requirements of this part into the planning and implementation of those activities; (11) Sign records of decision (RODs) for environmental technical adequacy; (12) Review and approve requests from NEPA Specialists to adopt other agencies' CATEXs in accordance with § 26.31 or rely on NEPA documents from other Federal agencies in accordance with § 26.71; (13) Work with the Senior Agency Official, Under Secretaries, Assistant Secretaries, and Directors of Staff Offices to accomplish the VA mission in harmony with environmental stewardship by: (i) Ensuring the NEPA process is complete before VA makes a decision or takes an action concerning the proposal that has an adverse environmental effect or limits the choice of reasonable alternatives; (ii) Ensuring VA elements are aware of mitigation commitments to address the potential environmental effects of VA programs, projects, and plans; and (iii) Monitoring the NEPA process to ensure compliance with timing, page limit, scoping, consultation, circulation, and public engagement requirements; and (14) Delegating authority to sign NEPA documents to NEPA Specialists as appropriate. (g) Proponent. (1) Consult with a NEPA Specialist or the NEPA Implementation Officer at the beginning of the planning and feasibility stage of any proposed action and before involving the public; (2) Ensure the budget for a proposed VA action is adequate to comply with applicable environmental and historic preservation laws; (3) Ensure the schedule for the proposed VA action includes sufficient time for compliance with relevant environmental and historic preservation laws, including NEPA and the National Historic Preservation Act (NHPA); (4) Initiate and coordinate with the appropriate environmental support to conduct the NEPA analysis prior to undertaking an action; (5) Review and consider NEPA analyses before making a decision that has environmental or historic preservation effects or limits the choices of alternatives for a VA action; and (6) Consider mitigation measures and ensure VA requires and provides for mitigation tasks and monitoring. (h) NEPA Specialists. (1) Act to support and ensure compliance with the requirements of NEPA, this part, applicable Executive orders, and other environmental and historic preservation requirements in conjunction with the proponent; (2) Provide technical advice on the NEPA process to proponents, decision-makers, the NEPA Implementation Officer, and Under Secretaries, Assistant Secretaries, and Directors of Staff Offices; and (3) Sign decision documents for technical adequacy, with the project decision itself documented by the approval signature on each decision document as specified throughout this section and in an agency-wide directive on NEPA roles and responsibilities. (i) Procurement Officials. (j) Office of General Counsel. (1) Advise VA, in consultation with the NEPA Implementation Officer, on whether a proposed action is subject to the procedural requirements of NEPA, NHPA, the Endangered Species Act (16 U.S.C. 1531-1544), or other environmental or historic preservation laws, Executive orders, and regulations; (2) Advise VA on compliance with environmental and historic preservation laws, regulations, applicable Executive orders, and other planning requirements; (3) Assist in establishing or revising VA's NEPA procedures and guidance documents, including appropriate CATEXs; and (4) Provide VA with legal sufficiency reviews on environmental and historic preservation analyses, programmatic agreements, interagency agreements, consultations with other Federal agencies, and general legal advice as needed. (k) Federal Preservation Officer. (1) Act as the single point of contact for all matters in VA related to stewardship of historic properties and cultural resources; (2) Inform Under Secretaries, Assistant Secretaries, Directors of Staff Offices, and key environmental and historic preservation staff of current developments in historic preservation policy and programs; (3) Provide guidance to VA project proponents and advise as needed in consultations with Tribes, Native Hawaiian organizations, and State Historic Preservation Officers; and (4) Determine which personnel, VA staff, or contractors are qualified to meet the requirements of section 112 of the NHPA (54 U.S.C. 306131) and work on historic resources issues. (l) Senior Agency Official. (1) Act as the designee for oversight over VA NEPA compliance; (2) Promote timely NEPA analysis; (3) Review and approve requests for VA to serve as the lead agency for joint Federal NEPA actions, where VA and one or more Federal agencies are cooperating on a project; (4) Resolve implementation issues; and (5) Delegate authority for these responsibilities as appropriate. § 26.14 Environmental practices. (a) Efficiency. (b) Capability. (c) Similar actions. (d) Combining NEPA with other environmental and historic preservation requirements. (1) Environmental laws. (2) Timing. (3) Responsibility. (4) Documentation. (5) Executive orders. (e) Programmatic NEPA documents. (f) Connected actions. Subpart B—NEPA Process for VA Actions § 26.20 Purpose of this subpart. This subpart outlines the requirements and process for NEPA compliance to inform VA decision-making. Section 26.21 provides context by explaining how VA will integrate NEPA with VA planning. Remaining §§ 26.22 through 26.73 lay out NEPA analysis options and NEPA implementation methods specific to those options. § 26.21 Integrating NEPA with VA planning. (a) General. (i) VA minimizes delays and potential conflicts in the NEPA process; (ii) VA decisions incorporate the environmental values and policies reflected in this part; and (iii) VA takes no action concerning the proposal that would have an adverse environmental effect or limit the choice of reasonable alternatives until VA issues a ROD or finding of no significant impact (FONSI), or makes a CATEX determination. If VA is considering an application from a non-Federal entity and becomes aware that the applicant is about to take an action within VA's jurisdiction that would meet either of the criteria that would have an adverse environmental effect or limit the choice of reasonable alternatives, VA will promptly notify the applicant that VA will take appropriate action to ensure that VA achieves the objectives and procedures of NEPA. This section does not preclude development by applicants of plans or designs or performance of other activities necessary to support an application for Federal, State, Tribal, or local permits or assistance. When considering a proposed action for Federal funding, VA may authorize such activities, including, but not limited to, acquisition of interests in land (for example, fee simple, rights-of-way, and conservation easements), purchase of long lead-time equipment, and purchase options made by applicants. (2) Relevant NEPA documents, comments, and responses will accompany other decision documents through the decision-making process. (b) Acquisition. (1) Consideration of NEPA and planning for NEPA compliance begins as soon as VA identifies the need to acquire real property or materials that VA would use in implementing a major Federal action; (2) Planning and budgeting activities include gathering data to identify relevant environmental issues and alternatives through the NEPA scoping process; and (3) VA prepares the appropriate NEPA documents based on the entirety of the proposed action, including VA's proposed development and use of real property or materials. (c) Construction projects Design/build. (i) To prevent taking actions concerning the proposal that would have an adverse environmental effect or limit the choice of reasonable alternatives prior to completion of the NEPA process, VA will: (A) Ensure that reasonable alternatives are not eliminated before the NEPA process is complete; (B) Ensure the NEPA process is underway and advanced as far as possible given the available data prior to award of the design/build contract; (C) Ensure the NEPA process is complete (as evidenced by signed CATEX determination, signed FONSI, or signed ROD) prior to initiation of on-site construction including site clearing or demolition; and (D) Include language in design/build contracts that duly notes the project may not proceed until the NEPA process is completed (as evidenced by signed CATEX, signed FONSI, or signed ROD). (ii) To facilitate the design/build process, VA may: (A) Issue a request for quotations or request for proposals prior to completion of NEPA, so long as the request for quotations or request for proposals informs proposers of the status of the NEPA process and makes no commitment as to any alternative under consideration including any no action alternative; (B) Conduct preliminary design work; and (C) Support coordination with regulatory agencies under NHPA or other environmental laws. (2) Design/bid/build. (i) Ensure design and construction contractors align design and construction activities with VA construction standards and requirements; and (ii) Not irretrievably commit resources to construction prior to completion of the NEPA analysis of all reasonable alternatives. (3) Mitigation and monitoring. § 26.22 Determining the appropriate level of NEPA review. (a) If VA determines under § 26.11 that NEPA applies to a proposed activity or decision, VA will then determine the appropriate level of NEPA review in the following sequence and manner. At all steps in the following process, VA will consider the proposed action or project at hand and its effects. (1) If VA has established, or adopted pursuant to section 109 of NEPA (42 U.S.C. 4336c), a CATEX that covers the proposed action, VA will analyze whether to apply the CATEX to the proposed action and apply the CATEX, if appropriate, pursuant to § 26.30. (2) If another agency has already established a CATEX that covers the proposed action, VA will consider whether to adopt that CATEX pursuant to § 26.31 so that it can be applied to the proposed action at issue, and to future activities or decisions of that type. (3) If the proposed action warrants the establishment of a new CATEX, or the revision of an existing CATEX, pursuant to § 26.30(d), VA will consider whether to so establish or revise, and then apply the CATEX to the proposed action pursuant to § 26.30(d). (4) If VA cannot apply a CATEX to the proposed action consistent with paragraphs (a)(1) through (3) of this section, VA will consider the proposed action's reasonably foreseeable effects consistent with paragraph (b) of this section, and then will: (i) If the proposed action is not likely to have reasonably foreseeable significant effects or the significance of the effects is unknown, develop an environmental assessment (EA), as described in § 26.40; or (ii) If the proposed action is likely to have reasonably foreseeable significant effects, develop an environmental impact statement (EIS), as described in § 26.41. (b) When considering whether the reasonably foreseeable effects of the proposed action are significant, VA will analyze the potentially affected environment and degree of the effects of the action. VA may use any reliable data source and will not undertake new research unless it is essential to evaluating alternatives and the cost and time of obtaining it are not unreasonable. (1) In considering the potentially affected environment, VA may consider, as appropriate to the specific action, the affected area (national, regional, or local) and its resources. (2) In considering the degree of the effects, VA may consider the following, as appropriate to the specific action: (i) Both short- and long-term effects. (ii) Both beneficial and adverse effects. (iii) Effects on public health and safety. (iv) Economic effects. (v) Effects on the quality of life of the American people. § 26.30 Categorical exclusions. (a) Documentation and procedures Project description. (2) CATEX being applied. (3) Level of analysis. (4) Integration of other laws. (5) Determination. (6) Documenting the decision to use a CATEX. (b) Extraordinary circumstances review. (1) Introduces and/or uses technology with unknown environmental impacts; (2) Has a reasonable likelihood of violating any Federal, State, or local law or requirement imposed for the protection of the environment; (3) Has an effect that has not been satisfactorily resolved through another applicable environmental review or consultation process such as Coastal Zone Management Act (16 U.S.C. 1451-1466) consistency, NHPA section 106 (54 U.S.C. 306108) consultation, Endangered Species Act section 7 (16 U.S.C. 1536) consultation, or issuance of a relevant permit; (4) Involves effects on the environment that are highly uncertain, or involve unique or unknown risks; or (5) Establishes a precedent (or makes decisions in principle) for future or subsequent actions that are reasonably likely to have a future significant effect. (c) Public notice. (d) VA review of list of categorical exclusions. (2) VA may also consider revisions to the CATEX list when substantial changes or additions to VA plans, programs, or activities occur such that the current CATEX list may be inadequate or inaccurate given the current scope of VA activities. Potential triggers for revising the VA CATEX list may include: (i) VA determines a class of actions are not expected to have significant environmental effects; (ii) VA performs NEPA reviews of a class of actions and determines that, when implemented, the actions resulted in no significant environmental impacts; (iii) Mission changes occur within the VA organization; or (iv) VA acquires new responsibilities through legislation or administrative restructuring. (3) To establish or revise a CATEX, VA will determine that the category of actions normally does not significantly affect the quality of the human environment. In making this determination, VA will: (i) Develop a written record containing information to substantiate its determination; (ii) Consult with CEQ on its proposed CATEX, including the written record, for a period not to exceed 30 days prior to providing public notice as described in paragraph (d)(3)(iii) of this section; and (iii) Provide public notice in the Federal Register § 26.31 Adoption and application of CATEXs from another agency's NEPA procedures. (a) VA may adopt and then apply CATEXs listed in another agency's NEPA procedures after consulting with the other agency when: (1) VA has determined that it proposes to undertake actions for which another agency has listed a CATEX in its final NEPA procedures; and (2) VA finds through consultation with the other agency that the adoption and application of the other agency's CATEX to a specific VA action or category of actions is appropriate. (b) VA shall document the results of the consultation with the other agency including: (1) How the adoption and application of the CATEX is appropriate for the VA actions; (2) Whether the other agency identified any limiting factors or extraordinary circumstances specific to the CATEX; (3) The extraordinary circumstances VA will consider in applying the CATEX; and (4) Whether each application of the CATEX requires project-specific documentation. (c) This documentation may take the form of a VA memorandum with attached concurrence of appropriate application of the CATEX to the VA activity from the other agency and VA must publish it on the VA website. (d) When applying a CATEX adopted from another agency's NEPA procedures to a VA project, VA shall not use another agency's CATEX if there are extraordinary circumstances that would prevent the application of the CATEX. § 26.32 List of VA categorical exclusions. (a) The following classes of major Federal actions, which VA has determined normally do not significantly affect the quality of the human environment, may be categorically excluded from further NEPA analysis. The actions in this section followed by the parenthetic notation “(CXdoc)” require preparation of a CATEX document for each action, in accordance with § 26.30. (1) VA-wide operations CATEX 1: Field exercises and training. (ii) CATEX 2: Field studies and survey (A) Site characterization and environmental monitoring activities; (B) Feasibility studies; (C) Geological, geophysical, geochemical, and engineering surveys, including the establishment of survey marks; (D) Installation and operation of ambient air monitoring equipment; (E) Sampling and characterization of surface and ground waters, soils, rocks, spills, or contaminants; (F) Sampling and characterization of water effluents, air emissions, or solid waste streams; (G) Sampling of flora or fauna; and (H) Historic property identification and evaluation studies. (iii) CATEX 3: Special events, ceremonies, and related activities. (iv) CATEX 4: Waste management. (v) CATEX 5: Transportation. (2) Housing operations CATEX 6: Provision of housing. (ii) [Reserved] (3) Acquisition or disposition of land, buildings, or space CATEX 7: Acquisition of space within an existing structure (ii) CATEX 8: Acquisition of land and/or buildings (A) Acquisition of land where there is no near-term (within approximately five years) proposed change in the general type of use; where, if the land is previously undisturbed, it will remain undisturbed for the near term; or where the continued use will not create significant impacts to the surrounding environment; or (B) If there are structures or buildings on the land, the acquisition will not increase the previous maximum occupancy level by more than 20 percent (previous occupant need not have been a Federal tenant), although demolition in compliance with environmental and historic preservation requirements may occur. (iii) CATEX 9: Out-leases to third party tenants (iv) CATEX 10: Agreements for use of VA-owned space (v) CATEX 11: Disposal of real property (4) Services and procurement CATEX 12: Medical-related services. (ii) CATEX 13: Research. (iii) CATEX 14: Laundry and food services. (iv) CATEX 15: Procurement, lease, transport, storage, and disposition of supplies, materials, and equipmen (5) Cemetery Operations CATEX 16: Interment ceremony services. (ii) CATEX 17: Soil excavation and replacement for interments. (iii) CATEX 18: Cemetery land development (6) Electronics CATEX 19: Communication systems (CXdoc for ground-disturbing actions only). (ii) [Reserved] (7) New construction and related activities CATEX 20: New construction (CXdoc). (A) Construction on existing VA property with substantially developed infrastructure, in developed or undeveloped areas of the property, the use or operation of which, when completed, is consistent with existing VA use of the overall property, does not change the function of the facility or modify VA's intended land use, and does not exceed the capacity of existing transportation, waste, energy, or water infrastructure serving the property. These activities include but are not limited to new structures or additions to existing buildings that comply with applicable environmental and historic preservation requirements; associated utility extensions and connections; and installation, use, and removal of facilities such as construction trailers and use of materials laydown areas during the construction process; or (B) Acquisition of property and subsequent construction, with construction that does not exceed a total building footprint of 75,000 square feet including by build-to-suit lease, and/or 20 acres of interment space installation to be associated with an existing cemetery, and may include installation, use, and removal of facilities such as construction trailers and use of materials laydown areas during the construction process; where use will not exceed the capacity of existing transportation, waste, energy, or water infrastructure serving the property; and construction and use will comply with applicable Federal, State, and local environmental and historic preservation laws, regulations, and ordinances. (ii) CATEX 21: Interior renovation. (iii) CATEX 22: Installing new or replacing or relocating onsite existing building components, site elements, utilities, and equipment (CXdoc). (A) Installation or replacement of building components such as windows, doors, roofs, HVAC equipment, or electrical distribution system components in existing facilities; (B) Installation or replacement of VA facility site elements such as sidewalks, patios, fences, sheds, retaining walls, curbs, parking lots, trails, memorials, fountains, benches, roads, garages, drainage structures, signs, and entrance features; (C) Installation or replacement of site utilities whether by VA or a third party, such as water distribution lines and storage, storm or sanitary sewer lines, system generators, tanks for heating systems and/or generators, or primary or secondary electrical or communications lines, steam lines, and holding ponds, where the action does not exceed the site or system's capacity and including granting easements to utility companies to conduct these activities on VA property; (D) Installation or replacement of equipment to support vehicular maintenance and operation (such as fuel storage, repair equipment); (E) Installation or replacement of headstones, grave markers, statues, and monuments in existing VA cemeteries so long as the activity does not negatively affect the historic integrity or national shrine cemetery characteristics and is to a site that has been previously disturbed and can reasonably accommodate the activity; and (F) Relocation of statues and monuments in existing VA cemeteries so long as the activity does not negatively affect historic integrity or national shrine cemetery characteristics and is to a site that has been previously disturbed and can reasonably accommodate the activity. (iv) CATEX 23: Repair, renovation, and maintenance. (A) Repair, renovation, and maintenance of building components such as windows, doors, roofs, HVAC equipment, and electrical distribution system components in existing facilities; (B) Repair, renovation, and maintenance of VA facility site elements such as sidewalks, patios, fences, sheds, retaining walls, curbs, parking lots, trails, memorials, fountains, and benches; (C) Repair, renovation, and maintenance of site utilities such as water distribution lines and storage (including water towers), storage tanks, storm or sanitary sewer lines, primary or secondary electrical or communications lines, steam lines, and holding ponds where the action is in accordance with applicable regulations and does not exceed the site or system's capacity, including granting easements to utility companies for conducting these actions on VA property; (D) Repair, renovation, and maintenance activities for property site elements such as roads, garages, drainage structures, signs, and entrance features; (E) Interior and exterior facility maintenance, renovation, and custodial actions to preserve facility appearance, working conditions, and sanitation, and maintain and preserve buildings, structures, infrastructures, and equipment in a condition suitable for a facility to be used for its designed purpose such as pest management measures, window washing, surface coatings, paint, street sweeping, trash collecting, and snow removal that do not adversely impact wildlife habitat or historic resources; and safety, environmental, and historic preservation requirements are met; (F) Grounds repairs, renovation, and maintenance activities including but not limited to use of irrigation systems where there is sufficient available water to do so; mowing and trimming of vegetation; and application of fertilizers, pesticides, and herbicides; (G) Repair, renovation, and maintenance of VA equipment and other similar assets that are not attached to a structure; and (H) Repair, maintenance, and treatment of headstones, grave markers, columbaria, statues, monuments, and flagpoles in existing VA cemeteries so long as the activities do not negatively affect the historic integrity or national shrine cemetery characteristics. (v) CATEX 24: Demolition (CXdoc). (vi) CATEX 25: Environmental remediation and abatement. (8) Energy CATEX 26: Solar and wind energy (CXdoc). (ii) CATEX 27: Retro commissioning. (iii) CATEX 28: Conservation and energy efficiency measures (CXdoc for certain project types). (A) Upgrading equipment and systems with more efficient components, green-roof retrofits, weatherization, timers on hot water heaters, energy efficient lighting, low-flow plumbing fixtures, drip-irrigation systems, and efficiency rating improvements for facilities or vehicles; (B) Ground source heat pump and combined heat and power systems (CXdoc); (C) Beneficial landscaping; (D) Power storage (CXdoc); and (E) Small-scale research and development for energy efficiency and conservation (CXdoc). (b) VA may amend this list of CATEXs by following the procedure described in § 26.30(d). § 26.40 Requirements for EAs. (a) Purpose and need. (b) Proposed action. (1) The proposed site location(s) or geographic extent of the proposed project, plan, or program; (2) The proposed footprint or area of the proposed project, plan, or program; (3) The expected duration of the project, plan, program, or policy; and (4) A detailed description of the proposed action, including any related or connected actions. (c) Alternatives. (d) Scope of analysis. (1) VA will focus its analysis on whether the environmental effects of the action or project at hand are significant. (2) Similarly, VA will document in the EA where and how it drew a reasonable and manageable line relating to its consideration of any environmental effects from the action or project at hand that extend outside the geographic territory of the project or might materialize later in time. (3) To the extent it assists in reasoned decision-making, VA may, but is not required to by NEPA, analyze environmental effects from other projects separate in time, or separate in place, or that fall outside of VA's regulatory authority, or that would have to be initiated by a third party. If VA determines that such analysis would assist it in reasoned decision-making, it will document this determination in the EA and explain where it drew a reasonable and manageable line relating to the consideration of such effects from such separate projects. (e) Page limits. (f) Deadlines. (1) VA will complete the EA not later than the date that is one year after the date a notice of intent to prepare the EA is published; or, if a public notice of intent is not published, the date on which it is confirmed by VA's assigned NEPA project manager for an agency- or applicant-prepared EA, or by the NEPA contractor for a contractor-prepared EA, that the proposed action is a major Federal action requiring NEPA review and is sufficiently defined to estimate that it would not have a reasonably foreseeable significant effect on the quality of the human environment. (2) VA will define the end date for an EA as the date that either a FONSI is signed by the decision-maker or the date the VA NEPA project manager has notified the NEPA Implementation Officer that an EIS is required for the proposed action. (3) VA will publish the EA, at the latest, on the day the one-year deadline elapses, in as substantially complete form as is possible, unless the deadline is extended pursuant to the provision in paragraph (f)(4) of this section. (4) If VA determines it is not able to meet the deadline prescribed by section 107(g)(1)(B) of NEPA (42 U.S.C. 4336a(g)(1)(B)), it must consult with the applicant, if any, pursuant to section 107(g)(2) of NEPA (42 U.S.C. 4336a(g)(2)). After such consultation, if needed, and for cause stated, it may establish a new deadline, approved in writing by the NEPA Specialist responsible for completing the EA on schedule. Cause for establishing a new deadline is only established if the EA is so incomplete at the time at which VA determines it is not able to meet the statutory deadline, that issuance pursuant to paragraph (f)(3) of this section would, in VA's view, result in an inadequate analysis. Such new deadline must provide only so much additional time as is necessary to complete such EA. The announcement of the new deadline will specify the reason why the EA was not able to be completed under the statutory deadline and whether the applicant, if any, consented to the new deadline. (g) Scoping. § 26.41 Requirements for EISs. (a) Purpose and need. (b) Proposed action. (1) The proposed site location(s) or geographic extent of the proposed project, plan, or program; (2) The proposed footprint or area of the proposed project, plan, or program; (3) The expected duration of the project, plan, program, or policy; and (4) A detailed description of the proposed action, including any related or connected actions. (c) Alternatives. (d) Analysis within the EIS. (i) Reasonably foreseeable environmental effects of the proposed action; (ii) Any reasonably foreseeable adverse environmental effects which cannot be avoided should the proposal be implemented; (iii) The relationship between local short-term uses of man's environment and the maintenance and enhancement of long-term productivity; (iv) Any irreversible and irretrievable commitments of Federal resources that would be involved in the proposed action should it be implemented; and (v) Any means identified to mitigate adverse environmental effects of the proposed action. VA is mindful in this respect that NEPA itself does not require or authorize VA to impose any mitigation measures. (2)(i) In preparing the EIS, VA will focus its analysis on the environmental effects of the action or project at hand that are significant. (ii) Similarly, VA will document in the EIS where and how it drew a reasonable and manageable line relating to its consideration of any environmental effects from the action or project at hand that extend outside the geographic territory of the project or might materialize later in time. (iii) To the extent it assists in reasoned decision-making, VA may, but is not required to by NEPA, analyze environmental effects from other projects separate in time, or separate in place, or that fall outside of VA's regulatory authority, or that would have to be initiated by a third party. If VA determines that such analysis would assist it in reasoned decision-making, it will document this determination in the EIS and explain where it drew a reasonable and manageable line relating to the consideration of such effects from such separate projects. (3) EISs will discuss effects in proportion to their significance. With respect to issues that are not of a substantive nature and do not meaningfully inform the consideration of environmental effects and the resulting decision on how to proceed, there will be no more than the briefest possible discussion to explain why those issues are not substantive and therefore not worthy of any further analysis. EISs will be analytic, concise, and no longer than necessary to comply with NEPA in light of the congressionally mandated page limits and deadlines. (e) Format and page limits. (2) An EIS for a proposed action of extraordinary complexity is strictly prohibited from exceeding 300 pages, not including any citations or appendices. VA will determine at the earliest possible stage of preparation of an EIS whether the conditions for exceeding the page limit in paragraph (e)(1) of this section are present. (f) Deadlines. (1) VA will complete the EIS not later than the date that is two years after the sooner of, as applicable, the date a notice of intent to prepare the EIS is published; or the date on which it is confirmed by VA's assigned NEPA project manager for an agency- or applicant-prepared EIS, or by the NEPA contractor for a contractor-prepared EIS, that the proposed action is a major Federal action requiring NEPA review and is sufficiently defined to estimate that the reasonably foreseeable effects on the quality of the human environment would be significant. (2) VA will define the end date for an EIS as the date the EIS is published or, in the case of a NEPA process in which VA first publishes a Draft EIS for public comment, the date the Final EIS is published. (3) The EIS will publish (unless the deadline is extended pursuant to the provision in paragraph (f)(4) of this section) on the day the deadline elapses, in as substantially complete form as is possible. (4) If VA determines it is not able to meet the deadline prescribed by section 107(g)(1)(A) of NEPA (42 U.S.C. 4336a(g)(1)(A)), it must consult with the applicant, if any, pursuant to section 107(g)(2) of NEPA (42 U.S.C. 4336a(g)(2)). After such consultation, if needed, and for cause stated, it may establish a new deadline, approved in writing by the NEPA Specialist responsible for completing the EIS on schedule, by means of a notice published to the same VA website where the original notice of intent for the EIS was posted. Cause for establishing a new deadline is only established if the EIS is so incomplete at the time at which VA determines it is not able to meet the statutory deadline, that issuance pursuant to paragraph (f)(3) of this section would, in VA's view, result in an inadequate analysis. Such new deadline must provide only so much additional time as is necessary to complete such EIS. The announcement of the new deadline will specify the reason why the EIS was not able to be completed under the statutory deadline and whether the applicant, if any, consented to the new deadline. (g) Publication of the EIS. (2) VA will file EISs together with comments and any responses with the Environmental Protection Agency, Office of Federal Activities, for publication in the Federal Register § 26.42 Public engagement procedures. (a) As a preliminary step to determining, in connection with a proposal that is not excluded pursuant to a CATEX, whether VA will prepare an EA or an EIS, VA will determine and document the scope of the project at hand. (b) As soon as practicable after determining that a proposal is sufficiently developed to allow for meaningful public comment and requires an EIS, VA will publish a notice of intent to prepare an EIS. If VA determines that it will prepare an EA for a proposed action, VA may publish a notice of intent to publish an EA. (1) The notice of intent for an EIS will include a request for public comment on alternatives or effects and on relevant information, studies, or analyses with respect to the proposed agency action. See (2) In addition to a request for comment required for notices of intent for EISs, notice of intent for any environmental document may include: (i) The purpose and need for the proposed action; (ii) A preliminary description of the proposed action and alternatives the environmental document will consider; (iii) A brief summary of expected effects; (iv) Anticipated permits and other authorizations (that is, anticipated related actions); (v) A schedule for the decision-making process; (vi) A description of the public scoping process, including any scoping meeting(s); (vii) Contact information for a person within VA who can answer questions about the proposed action and the environmental document; and (viii) Identification of any cooperating and participating agencies (that is, agencies responsible for related actions), and any information that such agencies require in the notice to facilitate their decisions or authorizations. (c) VA may use an early and open process to determine the scope of issues for analysis in an environmental document, including identifying substantive issues that meaningfully inform the consideration of environmental effects and the resulting decision on how to proceed, eliminating from further study non-substantive issues, and determining whether connected actions should be addressed in the same environmental document. Scoping may begin as soon as practicable after the proposed action is sufficiently developed for consideration. Scoping may include appropriate pre-application procedures or work conducted prior to publication of the notice of intent. § 26.50 Mitigation and monitoring. (a) VA will consider possible mitigation measures to avoid, minimize, or compensate for adverse effects caused by a proposed action or alternatives as described in the NEPA document, and that have a connection to those adverse effects. While NEPA requires consideration of mitigation, it does not mandate the form or adoption of any mitigation. NEPA documents will state the authority for any mitigation adopted and any applicable monitoring or enforcement provisions. (b) Possible mitigation measures for effects generated by the VA action may include, but are not limited to, avoiding the effect by not taking a certain action or parts of an action; minimizing the effect by limiting the degree or magnitude of the action and its implementation; rectifying the effect by repairing, rehabilitating, or restoring the affected environment; reducing or eliminating the effect over time by preservation and maintenance operations during the life of the action; or compensating for the effect by replacing or providing substitute resources or environments. (c) Mitigation shall be enforceable when the proposed action incorporates the mitigation measure(s) or conclusions about the significance of reasonably foreseeable adverse effects are based on implementation of mitigation measure(s). (d) If VA finds no significant effects based on mitigation, the mitigated FONSI will state any mitigation requirements enforceable by VA or voluntary mitigation commitments that will be undertaken to avoid significant effects. VA may require a monitoring and compliance plan that includes: (1) A basic description of the mitigation measure or measures; (2) The parties responsible for monitoring and implementing the mitigation; (3) The anticipated timeframe for implementing and completing mitigation; (4) As applicable, the standard(s) for determining effectiveness of mitigation and steps to be taken when a measure is determined to be not sufficiently effective; and (5) How the mitigation will be funded if other than by project construction funds. (e) VA will include the cost of the mitigation and monitoring measures as part of the budget for the project when the agency has such discretion. (f) For grant awards, lease contracts, or land transfer agreements, VA may include mitigation measure(s) as conditions, contract terms, or agreement terms, respectively, that require the applicant, awardee, or land transfer recipient to provide for their implementation. § 26.60 The decision: documentation and initiation of action. (a) Decision documents. (1) FONSI. (i) VA shall include the EA in the FONSI or incorporate it by reference. (ii) VA shall include any mitigation requirements or commitments in the FONSI (see § 26.50). (iii) VA will make the EA and FONSI available to the public on an agency website. (2) ROD. (i) The ROD will: (A) State the decision. (B) Identify the alternatives considered by VA in reaching its decision. (C) Identify and discuss all relevant factors that VA balanced in making its decision and how their consideration entered into its decision, including, as relevant, environmental, economic, technical, considerations; VA's statutory mission; and essential considerations of national policy. (D) State whether VA has adopted all practicable means to mitigate environmental harm from the selected alternative and, if not, why it has not. (E) Identify any enforceable mitigation requirements or commitments (see § 26.50). (ii) VA will publish a notice of availability in the same manner as the notice of intent to prepare the EIS was published, to notify the public of the existence of the ROD. (iii) VA may issue a decision concurrently with or at any time after making an EIS publicly available, or making an EA publicly available if a FONSI is deemed appropriate. (b) Signatories. (c) Initiation of VA action. (1) VA will not undertake actions evaluated in an EA until after VA signs a FONSI; and (2) VA will not undertake actions evaluated in an EIS until after VA signs a ROD. § 26.70 Programmatic NEPA documents. (a) Programmatic NEPA documents allow VA to conduct broad or holistic evaluations of effects or policy alternatives, evaluate widely applicable measures, or avoid duplicative analysis by considering all or some of the environmental effects of a policy, program, plan, group of projects or related types of projects, national or regional actions, or otherwise related actions. Programmatic NEPA documents support efficiency of NEPA review at the site-, action-, and project-specific level. VA may evaluate the proposal(s) in one of the following ways: (1) Geographically, including actions occurring in the same general location, such as body of water, region, or metropolitan area. (2) Generically, including actions that have relevant similarities, such as common timing, effects, alternatives, methods of implementation, media, or subject matter. (3) By stage of technological development. (b) Consistent with section 108 of NEPA (42 U.S.C. 4336b), after completing a programmatic NEPA document, VA may rely on that document for five years if there are not substantial new circumstances or information about the significance of adverse effects that bear on the analysis. After five years, as long as VA reevaluates the analysis in the programmatic NEPA document and any underlying assumption to ensure reliance on the analysis remains valid and briefly documents its reevaluation and explains why the analysis remains valid considering any new and substantial information or circumstances, VA may continue to rely on the document. (c) VA need not wait until the initiation of a specific project to begin a programmatic review. (d) VA may prepare a NEPA analysis specific to a unique program or project that has aspects different from or not sufficiently evaluated within a larger programmatic analysis. To tier an analysis to a previous programmatic EIS or EA, VA must: (1) Incorporate the programmatic EIS or EA by reference in the tiered analysis, and (2) Analyze all specific reasonably foreseeable environmental effects and a reasonable range of alternatives not covered at the programmatic level. § 26.71 Reliance on existing NEPA documents. (a) Generally. (b) Substantial similarity. (2) If the actions are not substantially the same, VA may modify the EIS or EA as necessary to render the document fit for fulfilling NEPA's analytic requirements for the action at hand, and publish the relied-upon EIS or EA, as modified. Where appropriate, VA may solicit comment to the extent that solicitation of comment will assist VA in expeditiously adapting the relied-upon EIS or EA so that it is fit for VA purposes. § 26.72 Combining documents. Whenever practicable, VA will reduce duplication and paperwork by combining NEPA analyses for two or more VA actions or combining NEPA documents with other VA documents, to the fullest extent practicable. Circumstances in which VA may combine documents include but are not limited to actions located at the same site or region, similar actions (such as construction of similar types of facilities), and actions within the same program. § 26.73 Supplemental analyses. VA will prepare a supplemental analysis if a major Federal action is incomplete or ongoing and if there are substantial changes to the proposed action that are relevant to environmental concerns or there are substantial new circumstances or information about the significance of adverse effects that bear on the analysis. VA may also prepare a supplemental analysis when the purposes of NEPA will be furthered by doing so. A supplemental analysis may be completed at any stage of an EIS or EA. If, following internal agency review of an existing NEPA document, VA finds that changes to the proposed action or new circumstances or information relevant to environmental concerns are not substantial and therefore do not require a supplement, a NEPA Specialist will prepare a memorandum-to-file detailing the review process and analysis, with concurrence from either the decision-maker (or their successor) who signed the original NEPA document (EA or EIS) or the current VA NEPA Implementation Officer. (a) Supplemental EA. (b) Supplemental EIS. (c) Administrative record. Subpart C—The Role of Third Parties in the NEPA Process § 26.80 Purpose of this subpart. This subpart outlines the relationship between VA and Federal, Tribal, State, and local environmental agencies; identifies the role of VA in actions initiated by other Federal agencies and the role other Federal agencies may play in VA actions; and describes the role of applicants in VA's NEPA process. § 26.81 Relationships with third parties. Although VA is ultimately responsible for ensuring the NEPA process is completed for VA actions, VA may share responsibility with third parties for the completion of a NEPA analysis. VA will participate as a lead agency, joint lead agency, or cooperating agency during the NEPA process for VA actions and actions taken by third parties. See sections 111(2) and (9) of NEPA (42 U.S.C. 4336e(2) and (9)) for the definitions of cooperating agency and lead agency. (a) Cooperating agencies. (1) Requests for another agency to participate as a cooperating agency in a VA action. (2) VA acting as a cooperating agency in another agency's action. (b) Joint lead agencies. (c) Lead agency designation. (d) Documentation. § 26.82 State, Tribal, and local requirements. State, Tribal, and local agencies may have programs in place that apply to the implementation or planning of a VA action, including but not limited to a State permitting system. When possible, VA will eliminate duplicate documentation of compliance with State, Tribal, and local procedures that involve similar analysis or information gathering to what NEPA requires by producing one NEPA document to satisfy environmental requirements at the Federal, State, Tribal, and local levels. § 26.83 Applicants for Federal assistance. (a) Procedures for applicant-prepared NEPA documents. (2) A VA NEPA Specialist will independently evaluate the environmental document and VA will take responsibility for its contents. (3) VA will assist applicants and applicant-hired contractors by providing guidance and outlining the types of information required for the preparation of the environmental document. VA may also provide appropriate guidance and assist in environmental document preparation, to the extent that VA's resources and policy priorities permit. VA will work with the applicant to define the purpose and need and, when appropriate, to develop a reasonable range of alternatives to meet that purpose and need. (4) VA will develop and modify, as appropriate, a schedule for preparation of the environmental document. VA will document major changes to the schedule or related matters through written correspondence. (5) VA may request from an applicant environmental information for use by VA in preparing or evaluating an environmental document. This may include a decision file consisting of any factual, scientific, or technical information used, developed, or considered by the applicant or applicant-hired contractor in the course of preparing an environmental document, including any correspondence with VA or third parties. (6) Project sponsors intending to pay a fee for an expedited EIS or EA deadline pursuant to section 112 of NEPA (as amended through Pub. L. 119-21, July 4, 2025) for which VA would be the lead agency should consult with VA before submitting a request to CEQ. VA will use such consultation to assist the project sponsor in providing an accurate description of the project as it relates to the anticipated EIS- or EA-associated costs and understanding the anticipated scope of the environmental review including whether to prepare an EA or an EIS. (b) Grants. (c) Discretionary benefits. (d) Entitlements. (e) Plans for VA assistance. § 26.84 Non-compliance by applicants. VA will promptly notify the applicant that VA requires appropriate action to comply with NEPA when VA becomes aware that an applicant is about to take action that would have an adverse environmental effect or limit the choice of reasonable alternatives prior to the issuance of a CATEX, FONSI, or ROD. Subpart D—Unique Procedures: Emergencies, Protected Information, and International Actions § 26.90 Purpose of this subpart. This subpart provides the VA procedures for complying with NEPA during emergencies, how VA will handle sensitive or classified information, and how VA will consider the international effects of VA actions. § 26.91 Emergencies. An emergency is a situation in which human life or the human environment is in jeopardy and urgent or immediate action is necessary to prepare for or respond to the situation. Emergencies include natural disasters and human-caused events such as terrorist attacks, oil spills, and industrial explosions. Emergencies do not include a failure to plan for a project or program or a failure to adequately prepare for a NEPA analysis or other environmental requirements. During an emergency, VA will comply with the NEPA process as established in this part or implement alternative arrangements for compliance with NEPA to the extent feasible, and only for actions necessary to control the immediate impacts of the emergency; other actions remain subject to NEPA review in accordance with this part. (a) EISs. (b) CATEXs. (c) EAs. (d) Consultation with CEQ. § 26.92 Sensitive or classified information. (a) Policy. (b) Documentation. § 26.93 International actions or effects. (a) Customary international law. (b) VA actions abroad. Environmental Effects Abroad of Major Federal Actions,