---
kind: "section"
citation: "38 C.F.R. § 26.31"
title: "38"
number: "26.31"
heading: "Adoption and application of CATEXs from another agency's NEPA procedures."
url: "https://uscodex.org/cfr/38/26.31"
---

# §26.31. Adoption and application of CATEXs from another agency's NEPA procedures.

- (a) VA may adopt and then apply CATEXs listed in another agency's NEPA procedures after consulting with the other agency when:
  - (1) VA has determined that it proposes to undertake actions for which another agency has listed a CATEX in its final NEPA procedures; and
  - (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.
- (b) VA shall document the results of the consultation with the other agency including:
  - (1) How the adoption and application of the CATEX is appropriate for the VA actions;
  - (2) Whether the other agency identified any limiting factors or extraordinary circumstances specific to the CATEX;
  - (3) The extraordinary circumstances VA will consider in applying the CATEX; and
  - (4) **Whether each application of the CATEX requires project-specific documentation.**
- (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.
- (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.

## Notes

### Authority

Authority: 42 U.S.C. 4321-4370a; E.O. 11514, 90 FR 8353.

### Source

Source: 91 FR 36054, June 15, 2026, unless otherwise noted.