cfr_sections
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9 rows where part_number = 26 and title_number = 38 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| 38:38:2.0.1.1.9.0.341.1 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 26 | PART 26—ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) ACTIONS | § 26.1 Issuance and purpose. | VA | [51 FR 37182, Oct. 20, 1986, as amended at 54 FR 34987, Aug. 23, 1989] | The purpose of this part is to implement the National Environmental Policy Act (NEPA) of 1969 as amended (42 U.S.C. 4321-4370a), in accordance with regulations promulgated by the Council of Environmental Quality (CEQ Regulations, 40 CFR parts 1500-1508), and Executive Order 11514, March 5, 1970, as amended by Executive Order 11991, May 24, 1977. This part shall provide guidance to officials of the Department of Veterans Affairs (VA) on the application of the NEPA process to Department activities. | ||||||
| 38:38:2.0.1.1.9.0.341.2 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 26 | PART 26—ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) ACTIONS | § 26.2 Applicability and scope. | VA | [51 FR 37182, Oct. 20, 1986, as amended at 54 FR 34987, Aug. 23, 1989] | This part applies to VA, its administrations and staff offices. | ||||||
| 38:38:2.0.1.1.9.0.341.3 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 26 | PART 26—ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) ACTIONS | § 26.3 Definitions. | VA | [51 FR 37182, Oct. 20, 1986, as amended at 54 FR 34987, Aug. 23, 1989] | (a) United States means all States, territories, and possessions of the United States and all waters and air space subject to the territorial jurisdiction of the United States. The territories and possessions of the United States include the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Trust Territory of the Pacific Islands. (b) VA elements, for the purposes of this part, means the Veterans Health Services and Research Administration (VHS&RA), the Veterans Benefits Administration (VBA), the National Cemetery Administration (NCS), and the Office of Facilities. (c) Other terms used in this part are defined in CEQ Regulations, 40 CFR part 1508. | ||||||
| 38:38:2.0.1.1.9.0.341.4 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 26 | PART 26—ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) ACTIONS | § 26.4 Policy. | VA | [51 FR 37182, Oct. 20, 1986, as amended at 54 FR 34987, Aug. 23, 1989] | (a) VA must act with care in carrying out its mission of providing services for veterans to ensure it does so consistently with national environmental policies. Specifically, VA shall ensure that all practical means and measures are used to protect, restore, and enhance the quality of the human environment; to avoid or minimize adverse environmental consequences, consistently with other national policy considerations; and to attain the following objectives: (1) Achieve the fullest possible use of the environment, without degradation, or undesirable and unintended consequences; (2) Preserve historical, cultural, and natural aspects of our national heritage, while maintaining, where possible, an environment that supports diversity and variety and individual choice; (3) Achieve a balance between the use and development of resources, within the sustained capacity of the ecological system involved; and, (4) Enhance the quality of renewable resources while working toward the maximum attainable recycling of nonrenewable resources. (b) VA elements shall: (1) Interpret and administer the policies, regulations, and public laws of the United States in accordance with the policies set forth in the NEPA and CEQ Regulations; (2) Prepare concise and clear environmental documents which shall be supported by documented environmental analyses; (3) Integrate the requirements of NEPA with Department planning and decision-making procedures; (4) Encourage and facilitate involvement by affected agencies, organizations, interest groups and the public in decisions which affect the quality of the human environment; and, (5) Consider alternatives to the proposed actions which are encompassed by the range of alternatives discussed in relevant environmental documents, and described in the environmental impact statement. | ||||||
| 38:38:2.0.1.1.9.0.341.5 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 26 | PART 26—ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) ACTIONS | § 26.5 Responsibilities. | VA | (a) The Director of the Office of Environmental Affairs shall: (1) Be responsible to coordinate and provide guidance to VA elements on all environmental matters; (2) Assist in the preparation of environmental documents by VA elements; and, where more than one VA element, or Federal, State, or local agency is involved, assign the lead VA element or propose the lead Federal, State or local agency to prepare the environmental documents; (3) Recommend appropriate actions to the Secretary of Veterans Affairs on those environmental matters for which the Secretary of Veterans Affairs has final approval authority; (4) Assist in resolution of disputes concerning environmental matters within VA, and among VA and other Federal, State and local agencies; (5) Coordinate preparation of VA comments on draft and final environmental impact statements of other agencies; (6) Serve as the VA's principal liaison to the CEQ, the Environmental Protection Agency, the Office of Management and Budget, and other Federal, State, and local agencies on VA environmental actions; and (7) Prepare appropriate supplemental guidance on implementation of these regulations. (b) VA General Counsel shall provide legal advice and assistance in meeting the requirement of NEPA, the CEQ Regulations and these regulations. (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 these regulations. | |||||||
| 38:38:2.0.1.1.9.0.341.6 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 26 | PART 26—ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) ACTIONS | § 26.6 Environmental documents. | VA | [51 FR 37182, Oct. 20, 1986, as amended at 54 FR 34987, Aug. 23, 1989] | (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 environmental.” NEPA 102(2), 42 U.S.C. 4332(2) see CEQ Regulations, 40 CFR part 1502. An environmental 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 10 acres for development of a VA medical center facility; (iii) Acquisition of land in excess of 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 environmental. (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 which do not individually or cumulatively have a significant effect on the human environment and which have been found to have no such effect in procedures adopted by a Federal Agency in implementation of the… | ||||||
| 38:38:2.0.1.1.9.0.341.7 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 26 | PART 26—ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) ACTIONS | § 26.7 VA environmental decision making and documents. | VA | [51 FR 37182, Oct. 20, 1986, as amended at 54 FR 34987, Aug. 23, 1989] | (a) Relevant environmental documents shall accompany other decision documents as they proceed through the decision-making process. (b) The major decision points for VA actions, by which time the necessary environmental documents must be completed, are as follows: (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. (4) Legislative proposals. Included in any recommendation or report to Congress on a legislative proposal which would affect the environment. The document must be available in time for Congressional hearings and deliberations. (5) Major, minor, minor miscellaneous delegated projects, and non-recurring maintenance projects. Prior to contract award for working drawings or prior to in-house initiation of working drawings. 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 CFR 1506.11. | ||||||
| 38:38:2.0.1.1.9.0.341.8 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 26 | PART 26—ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) ACTIONS | § 26.8 Assistance to applicants. | VA | (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, 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. | |||||||
| 38:38:2.0.1.1.9.0.341.9 | 38 | Pensions, Bonuses, and Veterans' Relief | I | 26 | PART 26—ENVIRONMENTAL EFFECTS OF THE DEPARTMENT OF VETERANS AFFAIRS (VA) ACTIONS | § 26.9 Information on and public participation in VA environmental process. | VA | (a) During the preparation of environmental documents, the responsible VA element shall include the participation of environmental agencies, applicants, State and local governments and the public to the extent practicable and in conformance with CEQ Regulations. Information or status reports on environmental documents shall be provided to interested persons upon request. (b) Notice of availability or filing requirements vary, depending on the type of environmental documents requested. Specific requirements and procedures are defined for each VA element. (c) For those actions relating specifically to the Secretary of Veterans Affairs, the Office of Environmental Affairs, or a VA element, information is available by writing to the Director, Office of Environmental Affairs, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);