{"data":{"id":"us/38-cfr-26.31","jurisdiction":"us","citation":"38 CFR 26.31","heading":"Adoption and application of CATEXs from another agency's NEPA procedures.","body":"(a) VA may adopt and then apply CATEXs listed in another agency's NEPA procedures after consulting with the other agency when:\n(1) VA has determined that it proposes to undertake actions for which another agency has listed a CATEX in its final NEPA procedures; and\n(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.\n(b) VA shall document the results of the consultation with the other agency including:\n(1) How the adoption and application of the CATEX is appropriate for the VA actions;\n(2) Whether the other agency identified any limiting factors or extraordinary circumstances specific to the CATEX;\n(3) The extraordinary circumstances VA will consider in applying the CATEX; and\n(4) Whether each application of the CATEX requires project-specific documentation.\n(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.\n(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.","path":["Title 38—Pensions, Bonuses, and Veterans' Relief","CHAPTER I—DEPARTMENT OF VETERANS AFFAIRS","PART 26—NATIONAL ENVIRONMENTAL POLICY ACT IMPLEMENTING PROCEDURES","Subpart B—NEPA Process for VA Actions"],"source_url":"https://www.ecfr.gov/api/versioner/v1/full/2026-08-25/title-38.xml","current_through":"2026-08-25","vintage":"","retrieved_at":"2026-08-27T02:25:50Z","sha256":"bafd0e056032c00e17251624fabbe18a242da12f3b8956e6b468819eedaebd0e","source_id":"us-cfr","stale":true,"prev":"us/38-cfr-26.30","next":"us/38-cfr-26.32"},"notice":"GroundRules: Original legal text. Not legal advice."}