[Code of Federal Regulations]

[Title 49, Volume 4]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 49CFR260.35]



[Page 817-818]

 

                        TITLE 49--TRANSPORTATION

 

       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 

                             TRANSPORTATION

 

PART 260_REGULATIONS GOVERNING LOANS AND LOAN GUARANTEES UNDER THE 

RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM--Table 

of Contents

 

             Subpart C_Applications for Financial Assistance

 

Sec. 260.35  Environmental assessment.



    (a) The provision of financial assistance by the Administrator under 

this Part is subject to a variety of environmental and historic 

preservation statutes and implementing regulations including the 

National Environmental Policy Act (``NEPA'') (42 U.S.C. 4332 et seq.), 

Section 4(f) of the Department of Transportation Act (49 U.S.C. 303(c)), 

the National Historic Preservation Act (16 U.S.C. 470(f)), the Coastal 

Zone Management Act (16 U.S.C. 1451), and the Endangered Species Act (16 

U.S.C. 1531). Appropriate environmental/historic preservation 

documentation must be completed and approved by the Administrator prior 

to a decision by the Administrator on the applicant's financial 

assistance request. FRA's ``Procedures for Considering Environmental 

Impacts'' (``FRA's Environmental Procedures'') (65 FR 28545 (May 26, 

1999)) or any replacement environmental review procedures that the FRA 

may later issue and the NEPA regulation of the Council on Environmental 

Quality (``CEQ Regulation'') (40 CFR Part 1500) will govern the FRA's 

compliance with applicable environmental/historic preservation review 

requirements.

    (b) The Administrator, in cooperation with the applicant, has the 

responsibility to manage the preparation of the appropriate 

environmental document. The role of the applicant will be determined by 

the Administrator in accordance with the CEQ Regulation and 

Environmental Procedures.

    (c) Depending on the type, size and potential environmental impact 

of the project for which the applicant is seeking financial assistance, 

FRA will need to determine whether the project is categorically excluded 

from detailed environmental review under FRA's Environmental Procedures 

and, if not, to



[[Page 818]]



prepare or have prepared an Environmental Assessment leading to an 

Environmental Impact Statement (EIS) or a Finding of No Significant 

Impact. At the discretion of the Administrator, Applicants may be 

required to prepare and submit an environmental assessment of the 

proposed project or to submit adequate documentation to support a 

finding that the project is categorically excluded from detailed 

environmental review. If the applicant is a public agency that has 

statewide jurisdiction or is a local unit of government acting through a 

statewide agency, and meets the requirements of section 102(2)(D) of 

NEPA, the applicant may be requested to prepare the EIS and other 

environmental documents under the Administrator's guidance.

    (d) Applicants are strongly urged to consult with the Associate 

Administrator for Railroad Development at the earliest possible stage in 

project development in order to assure that the environmental/historic 

preservation review process can be completed in a timely manner.

    (e) Applicants may not initiate any activities that would have an 

adverse environmental impact or limit the choice of reasonable 

alternatives in advance of the completion of the environmental review 

process. This does not preclude development by applicants of plans or 

designs or performance of other work necessary to support the 

application for financial assistance.