[Code of Federal Regulations]
[Title 38, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 38CFR26.8]

[Page 564-565]
 
            TITLE 38--PENSIONS, BONUSES, AND VETERANS' RELIEF
 
          CHAPTER I--DEPARTMENT OF VETERANS AFFAIRS (CONTINUED)
 
PART 26_ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) 
 
Sec. 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;

[[Page 565]]

    (3) Permits, license, 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 foreseeably required for 
later action by VA elements and will advise of the assistance available 
to applicants by VA element.
    (d) When VA owned land is leased or otherwise provided to non-VA 
groups, VA element affected will initiate the NEPA process pursuant to 
these regulations.
    (e) When VA grant funds are requested by a State agency, VA element 
affected will initiate the NEPA process and ensure compliance with VA 
environmental program. The environmental documents prepared by the grant 
applicant shall assure full compliance with State and local regulations 
as well as NEPA before the proposed action is approved.

(Authority: 42 U.S.C. 4321-4370a)