Sec. 402. Historic preservation of railroads
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Not later than 12 months after the date of enactment of this Act, the Secretary, in consultation with appropriate Federal agencies, including the Advisory Council on Historic Preservation, the National Conference of State Historic Preservation Officers, the National Association of Tribal Historic Preservation Officers, and nongovernmental stakeholders representing the railroad industry and historic preservation concerns, shall— administratively pursue program alternatives (as that term is used in 36 C.F.R. 800.14) to promote a consistent approach in the treatment of railroad and rail-related properties for historic preservation review under section 106 of the National Historic Preservation Act ( 16 U.S.C. 470f ); and develop mechanisms for streamlining compliance with the requirements of section 303 of title 49, United States Code, for railroad and rail-related properties.
In carrying out subsection (a), the Secretary shall— consider, among other options, the development of— programmatic agreements, program comments, exempted categories of undertakings, and guidance for historic reviews under section 106 of the National Historic Preservation Act (as those terms are used in 36 C.F.R. 800.14); and programmatic evaluations, de minimis impact determinations, and regulatory guidance for reviews under section 303 of title 49, United States Code (as those terms are used in 23 C.F.R. 774); and take into account, at a minimum— maintenance and repair of railroad and rail-related property; repair and replacement of bridges, structures, or facilities in a like-for-like manner, or when the bridge, structure, or facility is not a contributing element of a historic district; safety-related projects, including installation, maintenance, and repair of positive train control systems; management of railroad and rail-related properties that include both historic and non-historic components; integration of reviews under section 106 of the National Historic Preservation Act, reviews under section 303 of title 49, United States Code, and environmental reviews; and consistency in treatment of railroads nationwide for historic preservation purposes.
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- 23 CFR 774
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