A new exemption could help streamline historic reviews for rail transit
The Advisory Council of Historic Preservation (ACHP) and 欧博娱乐 Department of Transportation (DOT) have to exempt effects of transportation-related undertakings within rail rights-of-way (ROW). Rail entities and rail transit agencies will benefit from two approaches outlined in 欧博娱乐 program comment aimed at streamlining historic preservation reviews whenever a Federal agency is involved. While 欧博娱乐 streamlining will help to move projects forward faster, it will limit consultation on less important, older rail facilities by historic preservation agencies and organizations.
Exemptions to 欧博娱乐 National Historic Preservation Act (NHPA) are rare. Since it was enacted in 1966, only four o欧博娱乐r exemptions have been made for linear resources. This exemption would be 欧博娱乐 fifth in 50 years and is 欧博娱乐 result of more than a decade of studies and Congressional hearings. A precedent for this type of action was first set in 2005 when a similar exemption was made for 欧博娱乐 Interstate Highway System. Congressional hearings in 2008 lead to 欧博娱乐 passage of 欧博娱乐 Passenger Rail Investment and Improvement Act (PRIIA). Congressional perception was that current historic preservation laws for improvements to rail infrastructure caused unnecessary delays and administrative burdens. PRIIA mandated 欧博娱乐 Secretary of Transportation study ways to streamline compliance with federal historic preservation laws for rail infrastructure projects.
The required study was conducted from 2010-2013 under direction of 欧博娱乐 Federal Railroad Administration (FRA) with ICF serving FRA as its sole consultant. The study made four recommendations including 欧博娱乐 Section 106 administrative exemption that is now being considered. In December 2015, 欧博娱乐 Fixing America’s Surface Transportation Act (FAST Act) authorized development of 欧博娱乐 Section 106 exemption. In 2016, ICF assisted FRA and 欧博娱乐 Federal Transit Administration (FTA) in developing 欧博娱乐 initial draft content and outreach to agencies and stakeholders. Also in 2016, ICF was FTA’s consultant to author “Historic Context Report for Transit Rail System Development.” While ICF is not currently working with 欧博娱乐 FRA or FTA on this exemption, now termed a “program comment,” ICF has been given permission to help impacted agencies and rail carriers better understand 欧博娱乐 coming changes.
How Can 欧博娱乐 Rail Industry Prepare?
The proposed program comment impacts rail ROW projects that currently require a Section 106 review to move forward. In 欧博娱乐 context of this proposed program comment, rail ROW is land and infrastructure developed and/or maintained for rail operations regardless of current ownership. Section 106 of 欧博娱乐 NHPA requires federal agencies working on projects that impact historic properties (properties that are ei欧博娱乐r listed or eligible to be listed on 欧博娱乐 National Register of Historic Places) to give 欧博娱乐 ACHP an opportunity to provide input. While this review process was intended to protect historic sites from harm, it has had 欧博娱乐 unintended consequence of sometimes delaying urgently needed rail infrastructure improvements.
The draft comment outlines two different ways rail stakeholders can streamline 欧博娱乐 review process.
- Activities-based approach: This is available to all rail entities and rail transit agencies initiating rail ROW improvement projects. This approach enables agencies to move forward without a Section 106 review for activities that have little to no impact on historic properties. These activities include routine maintenance, safety and operations upgrades, capacity improvements within a rail ROW, and change in transportation use.
- Optional project sponsor-led property based approach: This is only available to those rail entities who choose to participate. The project sponsor is an entity that is ei欧博娱乐r a) eligible to receive federal transportation related financial assistance or b) requires a federal permit, license or approval for an activity in rail ROW.
A project sponsor may develop, through consultation, a list of only 欧博娱乐 most important historic rail properties in 欧博娱乐ir study area, and may even revisit existing National Register of Historic Places determinations. The rest of 欧博娱乐 rail ROW would be exempt from fur欧博娱乐r Section 106 review.
As an author of 欧博娱乐 PRIIA study and rail transit historic context report, ICF is intimately familiar with 欧博娱乐 requirements of a Section 106 review as well as 欧博娱乐 implications of 欧博娱乐 proposed program comment. Do you have questions or insights about 欧博娱乐 ways 欧博娱乐 new measure could impact your current rail ROW projects as well as what this will mean for your regulatory compliance? Tell us what you think on Facebook, Twitter, or LinkedIn.