Program Comment to Exempt Consideration of Effects to Rail Properties within Rail Rights-of-Way

August 17, 2018

This program comment exempts undertakings that may affect historic rail properties within rail rights-of-way from Section 106 of the National Historic Preservation Act. The program comment adopts a two-pronged approach: an activities-based approach and a property-based approach. The activities-based approach details specific activities that are exempt from Section 106 review which should have minimal or no adverse effects on historic properties. The property-based approach provides an optional process for identifying excluded historic rail properties that will continue to be subject to Section 106 review while exempting consideration of effects to other rail properties.

Download the text of the program comment, as amended June 10, 2019, below.

To view the Federal Register notice, click here.