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The Department of Veterans Affairs (VA) is amending its regulations for implementing the requirements of the National Environmental Policy Act (NEPA). Since VA last updated its NEPA regulations in 1989, the Council on Environmental Quality removed its NEPA regulations that applied to all agencies, the Fiscal Responsibility Act of 2023 revised the NEPA statute, and significant changes have occurred within the Department. The revisions to VA's NEPA regulations provide a new, comprehensive approach aligning the NEPA process with decision-making across VA by more clearly focusing the NEPA process and analyses on the planning stages of VA actions, improving consistency in NEPA implementation throughout VA, improving the efficiency and quality of VA's NEPA process, updating the VA categorical exclusion list to reflect current VA activities, and ensuring compliance with the NEPA statute.

Statement of Need:

With this interim final rule, VA will amend its regulations that implement the requirements of the National Environmental Policy Act (NEPA), as mandated by E.O. 15154.

Summary of the Legal Basis:

E.O. 15154; 24 U.S.C. 401, et seq. ; 38 U.S.C. 501. VA will revise 38 CFR part 26, which provides guidance on the application of the NEPA process to VA activities.

Alternatives:

No alternatives were considered as this action is mandated by E.O. 15154 and the changes must be codified in regulation.

Anticipated Costs and Benefits:

VA expects minor cost savings that cannot be quantified. VA does not have specific data to assess the economic impact of this interim final rule because such data do not exist and would be difficult to develop. This rulemaking will bring VA into alignment with the requirements of E.O. 15154.

Risks:

Failure to comply with the requirements of E.O. 15154.