Final Guidance for Implementing the Optional Property-Based Approach to Exempting Consideration of Effects to Rail Properties within Rail Rights-of-Way under Section 106 of the National Historic Preservation Act
Final implementing guidance published by the U.S. Department of Transportation (USDOT) for the optional property-based approach as required in the “Program Comment to Exempt Consideration of Effects to Rail Properties Within Rail Rights-of-Way” issued by the ACHP in August 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.