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(b) VA General Counsel shall provide legal advice and assistance in
meeting the requirements of NEPA, the CEQ Regulations and these
regulations.
CHAPTER 1
(c) The heads of each VA element shall:
(1) Adopt procedures to ensure that decisions are made in accordance
with NEPA, the CEQ Regulations and these regulations; and,
(2) Be responsible to prepare environmental documents relating to
programs and proposed actions by their elements, when required by
proposed actions by their elements, when required by these regulations.
26.6 Environmental documents.
(a) Environmental impact statements. The head of each VA element shall
include a detailed written statement "in every recommendation or report
on proposals for legislation and other major Federal actions
significantly affecting the quality of the human environment," NEPA
102(2), 42 U.S.C. 4332(2); see CEQ Regulations, 40 CFR Part 1502. An en-
vironmental impact statement shall be prepared in accordance with the
following procedures:
(1) Typical Classes of Action Which Normally Do Require Environmental
Impact Statements:
(i) Proposed legislation (CEQ Regulation, 40 CFR 1508.17);
(ii) Acquisition of land in excess of 4 hectares (10 acres) for
development of a VA medical center facility;
(iii) Acquisition of land in excess of 20 hectares (50 acres) for
development of a VA national cemetery; and
(iv) Promulgation of policies which substantially alter agency
programs and which have a significant effect on the quality of the
human environment.
(2) Specific Criteria for Typical Classes of Action Which Normally Do
Require Environmental Impact Statements
(i) Probable significant degradation of historic or cultural
resources, park-lands, prime farmlands, designated wetlands or
ecologically critical areas;
(ii) An increase in average daily vehicle traffic volume of at least
20 percent on access roads to the site or the major roadway network;
(iii) Probable conflict with Federal, State, or local environmental
protection laws or requirements;
(iv) Probable threat or hazard to the public, or the involvement of
highly uncertain risks to the environment;
(v) Similarity to previous actions that required an environmental
impact statement; and
(vi) Probable conflict with, or significant effect on, local or
regional zoning or comprehensive land use plans.
(b) Categorical exclusions. A categorical exclusion is a "category of
actions that do not individually or cumulatively have a significant
effect on the human environment and that have been found to have no such
effect in procedures adopted by a Federal agency in implementation of
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