§ 26.60 The decision: documentation and initiation of action.
(a) Decision documents. VA will prepare a FONSI or ROD at the conclusion of the EA or EIS process to evidence the EA- or EIS-level NEPA analysis and the decision that VA made after sufficient consideration of alternatives and input from the public, as applicable. VA will make the FONSI or ROD available to the public.
(1) FONSI. After preparing an EA, VA will prepare a FONSI when VA determines a not otherwise categorically excluded proposed action does not have the potential to cause significant impacts.
(i) VA shall include the EA in the FONSI or incorporate it by reference.
(ii) VA shall include any mitigation requirements or commitments in the FONSI (see § 26.50).
(iii) VA will make the EA and FONSI available to the public on an agency website.
(2) ROD. After completing an EIS, VA will issue a ROD that summarizes the findings of the EIS and identifies VA's selected alternative for implementation.
(i) The ROD will:
(A) State the decision.
(B) Identify the alternatives considered by VA in reaching its decision.
(C) Identify and discuss all relevant factors that VA balanced in making its decision and how their consideration entered into its decision, including, as relevant, environmental, economic, technical, considerations; VA's statutory mission; and essential considerations of national policy.
(D) State whether VA has adopted all practicable means to mitigate environmental harm from the selected alternative and, if not, why it has not.
(E) Identify any enforceable mitigation requirements or commitments (see § 26.50).
(ii) VA will publish a notice of availability in the same manner as the notice of intent to prepare the EIS was published, to notify the public of the existence of the ROD.
(iii) VA may issue a decision concurrently with or at any time after making an EIS publicly available, or making an EA publicly available if a FONSI is deemed appropriate.
(b) Signatories. The VA decision-maker must sign the FONSI or ROD. See § 26.13(e) for information on the responsibilities and designation of VA decision-makers.
(c) Initiation of VA action. With the exception of interim actions and actions that would not have an adverse environmental effect or limit the choice of reasonable alternatives:
(1) VA will not undertake actions evaluated in an EA until after VA signs a FONSI; and
(2) VA will not undertake actions evaluated in an EIS until after VA signs a ROD.