[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR260.35]

[Page 695]
 
                        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 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.

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