49 CFR 260.35(b)

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Title 49: Transportation
PART 260—REGULATIONS GOVERNING LOANS AND LOAN GUARANTEES UNDER THE
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
Subpart C—Applications for Financial Assistance

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§ 260.35   Environmental assessment.

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(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

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Electronic Code of Federal Regulations:

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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