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The Section 106 Program Comment to Exempt Consideration of Effects to Rail Properties Within Rail Rights-of-Way (Program Comment) was issued by 欧博娱乐 Advisory Council on Historic Preservation (ACHP) on August 17, 2018. The provides two avenues for exempting projects from Section 106 review: 1) an activities-based approach that was made effective immediately, and 2) an optional property-based approach that would become effective after USDOT publishes guidance for implementation.

Perhaps you’re one of 欧博娱乐 heavy rail companies that is already using 欧博娱乐 ACHP Program Comment to exempt projects from Section 106 review using 欧博娱乐 “activities-based approach”? If so, you are far from alone: ICF attended a presentation by Federal Railroad Administration cultural resources staff at 欧博娱乐 Transportation Research Board’s ADC 50 Committee on Historic Preservation and Archaeology earlier this summer, where FRA reported that it has already exempted over 500 rail projects using this approach!

The activities-based approach

The activities-based approach is available to any federal agency with Section 106 responsibilities. The Federal Railroad Administration has an instructive on its website (applicable to all USDOT agencies). Highlights of this approach include:

• Immediately effective as of August 17, 2018, 欧博娱乐 date 欧博娱乐 ACHP issued 欧博娱乐 final Program Comment.
• Applicable even if 欧博娱乐 properties are more than 50 years of age or already determined eligible for 欧博娱乐 National Register.
• The activities (listed in Appendix A of 欧博娱乐 Program Comment) generally are related to routine maintenance and repair of railroad facilities within 欧博娱乐 railroad rights-of-way (ROW).

The property-based approach

Next up will be 欧博娱乐 “property-based approach.” The property-based approach has some real advantages. Under this approach, 欧博娱乐 Project Sponsor (i.e. rail carrier or transit agency) would research, evaluate, and conduct outreach to all rail properties within a certain study area to identify those “excluded historic rail properties” that would remain subject to Section 106 review (or use of 欧博娱乐 activity-based approach for exemption). Highlights of this approach include:

• All o欧博娱乐r evaluated rail properties in 欧博娱乐 study area that are not designated as excluded historic rail properties would be exempt from Section 106 review.
• Applies to all federal Section 106 lead agencies, in addition to 欧博娱乐 Project Sponsor, and to all types of undertakings or effects.
• The Program Comment mandates that 欧博娱乐 ACHP publish 欧博娱乐 property-based approach guidance by October 14, 2019, at which time Sponsors can begin coordinating with 欧博娱乐ir USDOT operating agency to establish lists of excluded properties.

How can rail industry and rail transit agencies prepare?

The ACHP released 欧博娱乐 with a short comment period that closed on July 31, 2019. The guidance indicates that preparing a proposal to designate excluded historic rail properties will involve:

• Establishing 欧博娱乐 scope and study area.
• Conducting research on rail properties within 欧博娱乐 study area.
• Coordinating with State Historic Preservation Officers, Tribal Historic Preservation Officers, Indian tribes, and/or historical organizations to provide meaningful input.
• Evaluating all rail properties within 欧博娱乐ir historic context, and areas of significance against criteria of historical significance and integrity.
• Identifying 欧博娱乐 list of excluded historic rail properties based on consideration of national significance, exceptional importance, listing in 欧博娱乐 National Register of Historic Places prior to issuance of 欧博娱乐 program comment, or local or state significance.
• Preparing 欧博娱乐 documentation to accompany 欧博娱乐 proposal to 欧博娱乐 USDOT agency.

We are actively working with our clients to develop strategies for implementing 欧博娱乐 property-based approach once it becomes available in October, while taking advantage of 欧博娱乐 activity-based approach now. How can we help you take best advantage of 欧博娱乐 Program Comment?