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(1) Leases. Prior to execution of lease agreement.
(2) Grants. Prior to notification of grant award.
(3) Policy. Prior to final approval of a policy which substantially
alters agency programs and which affects the human environment.
CHAPTER 1
(4) Legislative proposals. Included in any recommendation or report to
Congress on a legislative proposal that would affect the environment.
The document must be available in time for congressional hearings and
deliberations.
(5) Major, minor, minor miscellaneous delegated projects, and
nonrecurring maintenance projects. Prior to contract award for or in-
house initiation of working drawings or if the Secretary of Veterans
Affairs or designee makes a finding of compelling need, working drawings
may commence prior to completion of the environmental compliance
process. However, this will not preclude completion of environmental
compliance prior to construction.
(6) Land acquisition for development. Prior to the Secretary's
acceptance of custody and accountability (for Federal lands), or
acceptance of offer to donate or contract for purchase (for private
lands).
(c) Where emergency circumstances make it necessary to take an action with
significant environmental impact without observing the provisions of these
regulations, VA must act in accordance with CEQ Regulations, 40
CFR1506.11.
26.8 Assistance to applicants.
(a) The CEQ Regulations (40 CFR 1501.2(d)) provide for advising of private
applicants or other non-Federal groups when VA involvement in a particular
action is reasonably foreseeable. Such foreseeable actions involve
application to a VA element by private persons, States, and local agencies
and pertain primarily to permits, leases, requests for financial
assistance, grants, and related actions involving the use of VA real
property.
(b) VA involvement may be reasonably foreseeable when the following actions
are initiated by non-Federal groups:
(1) Easements and rights-of-way on VA land;
(2) Petroleum. grazing. and timber leases:
(3) Permits, licenses, and other use agreements or grants of real
property for use by non-VA groups; and,
(4) Application for grants-in-aid for acquisition, construction,
expansion, or improvement of State veterans health care facilities or
cemeteries.
(c) Public notices or other means used to inform or solicit applicants for
permits, leases, or related actions will describe the environmental
documents, studies or information required for later action by VA elements
and will advise of the assistance available to applicants by the VA
element.
(d) When VA owned land is leased or otherwise provided to non-VA groups,
the VA element affected will initiate the NEPA process pursuant to these
regulations.
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