SUMMARY: The FRA announces that it has revised its Procedures for 
Considering Environmental Impacts to update or eliminate outdated 
references to programs or statutory authorities that have been revised 
or that no longer exist, to correct inconsistencies with the Council on 
Environmental Quality's (CEQ) National Environmental Policy Act 
implementing regulations, and to improve public access to the process 
that governs FRA's compliance with the National Environmental Policy 
Act (NEPA) and related environmental and historic preservation laws and 
regulations.

DATES: These revised Environmental Procedures are effective on May 26, 
1999.

FOR FURTHER INFORMATION CONTACT: William R. Fashouer, Office of the 
Chief Counsel, FRA, 1120 Vermont Avenue, N.W., Stop-10, Washington, 
D.C. 20590 (telephone: 202-493-6033). SUPPLEMENTARY INFORMATION: On June 16, 1980, the FRA published its 
final ``Procedures For Considering Environmental Impacts'' 
(Environmental Procedures), 45 FR 40854 (1980). These Environmental 
Procedures established a process for assessing the environmental impact 
of actions and legislation proposed by the FRA and for the preparation 
and processing of documents based on such assessments. As a part of a 
larger DOT effort to increase intermodal planning and coordination, FRA 
is currently participating with the Federal Highway Administration 
(FHWA), the Federal Transit Administration (FTA), and the United States 
Coast Guard bridge permit program in evaluating a proposal for new 
joint environmental regulations that would cover all four DOT operating 
administrations in one regulation. In advance of this effort, which is 
still in the very early planning stage, FRA has decided to update its 
existing Environmental Procedures in several minor respects and to 
republish them in the Federal Register to facilitate public access to 
the Procedures.
    The revised Environmental Procedures have not been substantively 
altered. FRA has sought to achieve four principal objectives in 
updating the Environmental Procedures. First, obsolete statutory 
references have been removed or updated and references to programs for 
which FRA no longer has authority and program offices that no longer 
exist have been eliminated. As an example, FRA transferred ownership of 
the Alaska Railroad to the State of Alaska in 1985. In the revised 
procedures, all references to the Alaska Railroad have been removed.
    Second, the list of categorical exclusions in section 4(c) of the 
Procedures has been updated to reflect additions that FRA has made over 
the years pursuant to section 4(e) of the Procedures. Section 4(e) 
authorizes FRA to adopt additional categorical exclusions when the 
agency determines that particular classes of action do not have a 
significant environmental impact. The revised Procedures afford FRA 
with the opportunity to publish these additional categorical exclusions 
for the first time.
    Third, inconsistencies with the CEQ NEPA Implementing Regulations 
(40 CFR part 1500) have been corrected. FRA's implementing procedures 
are required to be consistent with the CEQ Regulations.
    Fourth, improved public access to the procedures will be achieved 
through a new publication in the Federal Register. Since the original 
procedures were published in the Federal Register in 1980, they are 
difficult for the public to access. By republishing the Procedures, FRA 
achieves much wider public availability, especially through the Federal 
Register Internet Access, which is not available for the original 1980 
procedures.

Final Procedures Revisions

    FRA has published these revised Environmental Procedures without 
notice and an opportunity for public comment because the agency's 
action simply makes updating and conforming revisions to FRA's existing 
procedures and does not substantively alter the process FRA follows for 
considering the environmental impact of its actions. The agency 
concluded that more detailed revisions to the agency's Environmental 
Procedures were not needed at this time in light of the effort 
described above to consider a joint surface transportation 
environmental regulations that would address the environmental process 
for several DOT Operating Administrations. The public will have an 
opportunity to participate in the formulation of this regulation if it 
goes forward.
    In accordance with the above, FRA revises its Procedures for 
Considering Environmental Impacts as follows:

FEDERAL RAILROAD ADMINISTRATION

PROCEDURES FOR CONSIDERING ENVIRONMENTAL IMPACTS

TABLE OF CONTENTS

Sec.

1. Purpose.
2. Authority.
3. Definitions.
4. Actions Covered.
5. Timing.
6. Actions.
7. Applications.
8. Consultants.
9. Citizen Involvement.
10. Environmental Assessment Process.
11. Finding of No Significant Impact.
12. 4(f) Determinations.
13. Environmental Impact Statement.
14. Contents of an Environmental Impact Statement.
15. Record of Decision.
16. Effective Date.

1. Purpose

    This document establishes procedures for the assessment of 
environmental impacts of actions and legislation proposed by the 
Federal Railroad Administration (FRA), and for the preparation and 
processing of documents based on such assessments. These Procedures 
supplement the Council on Environmental Quality (CEQ) Regulations (40 
CFR parts 1500 et seq., hereinafter ``CEQ 1500'') and Department of 
Transportation (DOT) Order 5610.1C. Although only certain portions of 
the CEQ regulations or DOT Order are specifically referenced in these 
Procedures, the unreferenced portions also apply.

2. Authority

    These Procedures implement the requirements of section 20 of DOT 
Order 5610.1C. This document establishes procedures for compliance by 
the FRA with the National Environmental Policy Act (42 U.S.C. 4321 et 
seq., hereinafter NEPA), especially NEPA section 102 (2)(C) (42 U.S.C. 
4332(2)(C)); section 4(f) of the Department of Transportation Act (49 
U.S.C. 303(c)); section 106 of the National Historic Preservation Act 
(16 U.S.C. 470(f)); section 309(a) of the Clean Air Act (42 U.S.C. 
7609(a)); section 307(c)(2) of the Coastal Zone Management Act (16 
U.S.C. 1456(c)(2)); section 2(a) of the Fish and Wildlife Coordination 
Act (16 U.S.C. 662(a)); section 7 of the Endangered Species Act (16 
U.S.C. 1536); the Noise Control Act of 1972 (42 U.S.C. 4901 et seq.); 
and certain Executive Orders, regulations, and guidelines cited in this 
document which relate to environmental assessment and environmental 
documentation.

3. Definitions

    The definitions contained within CEQ 1508 apply to these 
Procedures. Additional or expanded definitions are as follows:

    (a) ``Administrator'' means the Federal Railroad Administrator.
    (b) ``CEQ'' means the Council on Environmental Quality.
    (c) ``EIS'' means an Environmental Impact Statement.
    (d) ``EPA'' means the U.S. Environmental Protection Agency.
    (e) ``FONSI'' means a Finding of No Significant Impact.
    (f) ``4(f)-Protected Properties'' are any publicly-owned land of a 
public park, recreation area, or wildlife and waterfowl refuge of 
national, State or local significance or any land of an historic site 
of national, State, or local significance (as determined by the 
Federal, State, or local officials having jurisdiction over the park, 
area, refuge, or site) within the meaning of section 4(f) of the DOT 
Act (49 U.S.C. 303(c)).
    (g) ``4(f)Determination'' is a report which must be prepared prior 
to the Administrator's approval of any FRA action which requires the 
use of any 4(f)-protected properties. This report documents both the 
supporting analysis and the finding required by section 4(f) of the DOT 
Act (49 U.S.C. 303(c)), that (1) there is no prudent and feasible alternative to the use of such land, and (2) the proposed FRA action 
includes all possible planning to minimize harm to the park, 
recreational area, wildlife and waterfowl refuge, or historic site 
resulting from the use.
    (h) ``FRA Action'' is an action taken by the Administrator or his 
or her delegate. FRA actions include grants, loans, financing through 
redeemable preference shares and loan guarantees, contracts, purchases, 
leases, construction, research activities, rulemaking, regulatory 
actions, approvals, certifications, and licensing. FRA actions also 
include actions only partially funded by FRA. FRA actions include FRA-
sponsored proposals for legislation and favorable reports on proposed 
rail-related legislation, but do not include responses to Congressional 
requests for reports on pending legislation or appropriation requests.
    (i) ``Program Office'' is an office within FRA which has been 
delegated the authority to administer a particular FRA action or 
program and which therefore bears primary responsibility for performing 
environmental assessments and preparing environmental documents in 
compliance with these Procedures.
    (j) ``P-10'' refers to the Office of Environment, Energy, and 
Safety within the Department of Transportation.

4. Actions Covered

    (a) General Rule. The requirements of sections 5 through 15 of 
these Procedures shall apply to all FRA actions which are determined to 
be major FRA actions in accordance with this section.
    (b) Major FRA Actions. A major FRA action for purposes of these 
Procedures is any FRA action which does not come within one of the 
classes of actions categorically or otherwise excluded in subsections 
(c), (d) or (e) of this section. The Program Office shall consult with 
the FRA Office of Chief Counsel before determining that an FRA action 
is not a major FRA action under subsection (c). Any determination that 
an FRA action is not a major FRA action based on the application of the 
criteria in subsection (e) of this section shall be made in writing by 
the Program Office and reviewed for legal sufficiency by the FRA Office 
of Chief Counsel. The FRA Office of Chief Counsel will, in coordination 
with other FRA offices, annually review actions taken under this 
subsection to determine whether additions should be made to the classes 
of action excluded in subsection (c).
    (c) Actions Categorically Excluded. Certain classes of FRA actions 
have been determined to be categorically excluded from the requirements 
of these Procedures as they do not individually or cumulatively have a 
significant effect on the human environment. In extraordinary 
circumstances, a normally excluded action may have a potentially 
significant environmental effect because it does not satisfy one or 
more of the criteria in subsection (e) of this section. In such case, 
the Program Office shall prepare the necessary environmental assessment 
and follow the appropriate FONSI or EIS process for that action. The 
following classes of FRA actions are categorically excluded:
    (1) Administrative procurements (e.g. for general supplies) and 
contracts for personal services;
    (2) Personnel actions;
    (3) Financial assistance or procurements for planning or design 
activities which do not commit the FRA or its applicants to a 
particular course of action affecting the environment;
    (4) Technical or other minor amendments to existing FRA 
regulations;
    (5) Internal orders and procedures not required to be published in 
the Federal Register under the Administrative Procedure Act, 5 U.S.C. 
552(a)(1);
    (6) Changes in plans for an FRA action for which an environmental 
document has been prepared, where the changes would not alter the 
environmental impacts of the action;
    (7) Rulemakings issued under section 17 of the Noise Control Act of 
1972, 42 U.S.C. 4916;
    (8) State rail assistance grants under 49 U.S.C. 22101 et seq. for 
rail service continuation payments and acquisition, as defined in 49 
CFR 266;
    (9) Guarantees of certificates for working capital under the 
Emergency Rail Services Act (45 U.S.C. 661 et seq.);
    (10) Hearings, meetings, or public affairs activities;
    (11) Maintenance of: existing railroad equipment; track and bridge 
structures; electrification, communication, signaling, or security 
facilities; stations; maintenance-of-way and maintenance-of-equipment 
bases; and other existing railroad-related facilities. For purposes of 
this exemption ``maintenance'' means work, normally provided on a 
periodic basis, which does not change the existing character of the 
facility, and may include work characterized by other terms under 
specific FRA programs;
    (12) Temporary replacement of an essential rail facility if repairs 
are commenced immediately after the occurrence of a natural disaster or 
catastrophic failure;
    (13) Operating assistance to a railroad to continue existing 
service or to increase service to meet demand, where the assistance 
will not result in a change in the effect on the environment;
    (14) State rail assistance grants under 49 U.S.C. 22101 et seq. for 
relocation costs as that term is defined in 49 C.F.R. Part 266, where 
the relocation involves transfer of a shipper to a site zoned for the 
relocated activity. This categorical exclusion shall not apply to the 
relocation of a shipper involved in the transportation of any material 
classified as a hazardous material by DOT in 49 CFR Part 172;
    (15) Financial assistance for the construction of minor loading and 
unloading facilities, provided that projects included in this category 
are consistent with local zoning, do not involve the acquisition of a 
significant amount of land, and do not significantly alter the traffic 
density characteristics of existing rail or highway facilities;
    (16) Minor rail line additions including construction of side 
tracks, passing tracks, crossovers, short connections between existing 
rail lines, and new tracks within existing rail yards provided that 
such additions are not inconsistent with existing zoning, do not 
involve acquisition of a significant amount of right of way, and do not 
significantly alter the traffic density characteristics of the existing 
rail lines or rail facilities;
    (17) Acquisition of existing railroad equipment, track and bridge 
structures, electrification, communication, signaling or security 
facilities, stations, maintenance of way and maintenance of equipment 
bases, and other existing railroad facilities or the right to use such 
facilities, for the purpose of conducting operations of a nature and at 
a level of use similar to those presently or previously existing on the 
subject properties;
    (18) Research, development and/or demonstration of advances in 
signal, communication and/or train control systems on existing rail 
lines provided that such research, development and/or demonstrations do 
not require the acquisition of a significant amount of right-of-way, 
and do not significantly alter the traffic density characteristics of 
the existing rail line;
    (19) Improvements to existing facilities to service, inspect, or 
maintain rail passenger equipment, including expansion of existing 
buildings, the construction of new buildings and outdoor facilities, 
and the reconfiguration of yard tracks; and
    (20) Promulgation of railroad safety rules and policy statements 
that do not result in significantly increased emissions of air or water 
pollutants or noise or increased traffic congestion in any mode of transportation.
    (d) Other Actions-Excluded in Accordance with CEQ Regulations. The 
following classes of actions have been determined to be actions not 
covered by NEPA as defined in CEQ 1500.6 and 1508.18(a):
    (1) Operating and capital grants to Amtrak. These grants are 
excluded because NEPA does not apply to requests for appropriations and 
FRA has no discretion to withhold these grants at the funding stage if 
they are in accordance with the spending plan approved by Congress. 
Furthermore, FRA has no control over the use of such funds by Amtrak;
    (2) Enforcement of safety regulations; and
    (3) Issuance of emergency orders.
    (e) Criteria for Exclusion of Actions. A class of FRA action not 
excluded under subsections (c) and (d) of this section may nevertheless 
be excluded from the requirements for ``major FRA actions'' in these 
Procedures if it satisfies all of the following criteria:
    (1) The action is not judged to be environmentally controversial 
from the point of view of people living within the environment affected 
by the action or controversial with respect to the availability of 
adequate relocation housing;
    (2) The action is not inconsistent with any Federal, State, or 
local law, regulation, ordinance, or judicial or administrative 
determination relating to environmental protection;
    (3) The action will not have any significant adverse impact on any 
natural, cultural, recreational, or scenic environment(s) in which the 
action takes place, or on the air or water quality or ambient noise 
levels of such environment(s);
    (4) The action will not: use 4(f)-protected properties; adversely 
affect properties under section 106 of the National Historic 
Preservation Act; involve new construction located in a wetlands area; 
or affect a base floodplain;
    (5) The action will not cause a significant short-or long-term 
increase in traffic congestion, or other significant adverse 
environmental impact on any mode of transportation;
    (6) The action is not an integral part of a program of actions 
which, when considered separately, would not be classified as major FRA 
actions, but when considered together would be so classified; and
    (7) Environmental assessment or documentation is not required by 
any Federal law, regulation, guideline, order, or judicial or 
administrative determination other than these Procedures.
    (f) Class of Actions. A general class of major FRA actions, or a 
general class of Federally-related actions at least one of which is a 
major FRA action, may be covered by a single environmental assessment 
and subsequent documentation where the environmental impacts of all the 
actions (and their alternatives) are substantially similar.
    (g) Programmatic Actions.
    (1) A programmatic FRA action, consisting of a group of FRA actions 
or a broad action composed of elements which are themselves FRA actions 
but where no single action would be taken except in conjunction with 
the other related actions, shall be treated as a separate major FRA 
action for purposes of these Procedures. Decisions on related rail 
facilities, e.g. connecting lines of a railroad or consolidations, 
should normally be considered a programmatic action.
    (2) A programmatic environmental document should identify program 
level alternatives and assess the program-wide environmental impacts. 
To the extent information is available, it should also identify the 
alternatives to and impacts of component FRA actions within the 
program, and the implications on alternative transportation systems.
    (3) Where a programmatic environmental document has been prepared, 
the FRA program office shall examine each component FRA action making 
up the program to determine, in accordance with subsection (b) of this 
section, whether the component action is a major FRA action, which has 
not been assessed in the programmatic document.
    (4) For any component action which constitutes a major FRA action, 
the Program Office shall prepare such additional environmental 
documentation as may be required by these Procedures, unless the 
documentation prepared for the programmatic action satisfies the 
requirements of these Procedures for the component FRA action. In 
preparing the site specific or component action documentation, the 
Program Office shall reference and summarize the programmatic document 
and shall limit the discussion to the unique alternatives to and 
impacts of the site specific or component action.

5. Timing

    (a) General. In general, the possible environmental effects of an 
FRA action must be considered at the earliest possible time along with 
technical and economic studies. For purposes of designating major 
decision points, FRA actions can be broken into three broad categories:
    (1) ``Applications for Funding'' which include grants, cooperative 
agreements, loan guarantees, and financing through redeemable 
preference shares;
    (2) ``FRA Initiated Actions'' which include proposed legislation, 
rulemakings, and R&D activities; and
    (3) ``Direct FRA Projects'' which include the planning and building 
of Federal works such as the Northeast Corridor Improvement Project, or 
the acquisition, use and disposal of Federal land and real property.
    (b) Applications For Funding. Appropriate environmental 
documentation shall be commenced no later than immediately after the 
application is received. (CEQ 1502.5(b)). The FONSI, EIS, or 
categorical exclusion determination, as appropriate, shall be completed 
prior to a decision by the Administrator on the approval of the 
application and shall accompany the application through the decision-
making process. In the event the Administrator disapproves of an 
application prior to the completion of the FONSI or EIS, the FONSI or 
EIS need only be completed if the disapproval is based on environmental 
grounds.
    (c) FRA Initiated Actions. Appropriate environmental documentation 
shall be commenced concurrently with any planning for the action. The 
FONSI, EIS, or categorical exclusion determination, as appropriate, 
shall be completed prior to a decision by the Administrator to 
implement an action and shall accompany the proposed legislation, 
rulemaking or R&D package through the decision-making process. 
Implementation includes submission of proposed legislation to the 
Office of Management and Budget, or procurement of an outside 
consultant or in-house start up of the R&D project. For informal 
rulemaking activities, the draft EIS should normally accompany the 
proposed rule.
    (d) Direct FRA Projects. Appropriate environmental documentation 
shall be commenced at the feasibility analysis stage. (CEQ 1502.5(a)). 
Where a programmatic document has been prepared, the environmental 
document for each component action not adequately addressed in the 
programmatic document will be prepared along with design studies. The 
FONSI, EIS or categorical exclusion determination shall be completed 
prior to a construction decision and circulated to the Administrator as 
part of the decision-making process. 6. Joint Actions

    (a) Joint Effort. Where one or more Federal agencies together with 
FRA either co-sponsor an action, or are directly involved in an action 
through funding, licenses, or permits, or are involved in a group of 
actions directly related because of functional interdependence or 
geographical proximity or both, or are involved in a single program, 
the Program Office shall seek to join all such agencies in performing a 
single joint environmental assessment and in preparing necessary 
environmental documentation. Consistent with the requirements of CEQ 
1506.2 and 1506.5 an applicant shall, to the fullest extent possible, 
serve as a joint lead agency if the applicant is a State agency or 
local agency, and the proposed action is subject to State or local 
requirements comparable to NEPA.
    (b) Lead Agency. Where the FRA joins with one or more other Federal 
agencies in the performance of an environmental assessment and in the 
preparation of environmental documentation, all agencies should agree 
to designate a single ``lead agency'' to supervise the effort. Any 
request by FRA for CEQ resolution of lead agency designation (CEQ 
1501.5(e)) shall be made only after consultation with the FRA Office of 
Chief Counsel and notification to P-10. Where FRA has the primary 
Federal responsibility, the Program Office will act as the lead agency 
in accordance with CEQ 1501.6(a). The lead agency should consult with 
the other participating agencies to ensure that the joint effort makes 
the best use of areas of jurisdiction and of special expertise of the 
participating agencies, that the views of participating agencies are 
considered in the course of the environmental assessment and 
documentation process, and that the substantive and procedural 
requirements of all participating agencies are met. Requests for lead 
agency designation by other parties should be made to the FRA Office of 
Policy and Program Development, which will advise the appropriate 
Program Office and the FRA Office of Chief Counsel.
    (c) Cooperating Agency. The FRA is responsible for substantive and 
procedural compliance with environmental laws, orders, and regulations. 
Where the FRA is a cooperating agency on a joint effort of 
environmental assessment and documentation, the Program Office shall 
perform the functions stated in CEQ 1501.6(b) and review the work of 
the lead agency to ensure that its work product will satisfy the 
requirements of the FRA under these Procedures. The Program Office may 
enter into a memorandum of understanding with the lead agency 
substituting the lead agency's content requirements for those in 
sections ll(h) and 14(a)-(u). If the lead agency is another component 
of DOT, the 4(f) content requirements in section 12(d) may also be 
substituted. For every major FRA action, however, the review and 
approval responsibilities of these Procedures must be met for any final 
environmental document.

7. Applicants

    (a) General. Each applicant for FRA financial assistance or other 
major FRA action may be requested to perform an environmental 
assessment of the proposed FRA action and to submit documentation of 
that assessment with the application. An applicant may also be 
requested to submit a proposed draft EIS or proposed FONSI in 
connection with the application, or to act as a joint lead agency if 
the applicant is a State agency with state-wide jurisdiction or is a 
State or local agency, and the proposed action is subject to a State 
requirement comparable to NEPA.
    (b) Information Required. Where an applicant is required to submit 
environmental documentation, the Program Office shall assist the 
applicant by specifying the types and amounts of information, 
consistent with these Procedures and the published regulations, if any, 
under which the application is being made. The Program Office shall 
work with potential applicants early in the process to assist in the 
development of information responsive to sections 10 through 14 of 
these Procedures.
    (c) Premature Act by Applicant. The Program Office shall inform an 
applicant that the applicant may not take any major action, in 
expectation of approval of the application, prior to completion of the 
environmental documentation process by the FRA, as required by these 
Procedures.
    (d) Applicant's Use of Consultants. An applicant may use 
consultants in the performance of an environmental assessment and in 
the preparation of proposed environmental documents, subject to 
approval of the selected consultant by the Program Office.
    (e) FRA Responsibility. The FRA is responsible for substantive and 
procedural compliance with environmental laws, orders, and regulations, 
and cannot delegate this responsibility to applicants. The Program 
Office shall solicit comments from state and local governments and the 
public on the environmental consequences of any grant application. The 
Program Office that processes an application shall make its own 
evaluation of the environmental issues raised by the application. The 
Program Office shall review environmental documentation submitted in 
connection with an application to insure that it satisfies the 
requirements of these Procedures. An environmental document may be 
accepted by a Program Office after such review and shall then be 
considered to have been prepared by that office for purposes of 
sections 10 through 15 of these Procedures. When necessary to perform 
such review, the Program Office shall seek the advice of the FRA Office 
of Policy and Program Development and the FRA Office of Chief Counsel.

8. Consultants

    (a) General. A Program Office may use consultants in the 
performance of environmental assessments and in the preparation of 
environmental documents.
    (b) Conflicts of Interest. A Program Office shall exercise care in 
selecting consultants, and in reviewing their work, to ensure that 
their analysis is complete and objective. Contractors shall execute a 
disclosure statement prepared by the Program Office, specifying that 
they have no financial or other interest in the outcome of the project.
    (c) FRA Responsibility. The FRA is responsible for substantive and 
procedural compliance with environmental laws, orders, and regulations, 
and cannot delegate this responsibility to consultants. The Program 
Office that contracts with a consultant shall make its own evaluation 
of the environmental issues raised by the proposed action. The Program 
Office shall review any assessments performed and any documents 
prepared by a consultant to ensure that they satisfy the requirements 
of these Procedures. When necessary to the performance of its review, 
the Program Office shall seek the advice of the FRA Office of Policy 
and Program Development and of the FRA Office of Chief Counsel. An 
environmental document accepted by a Program Office pursuant to this 
section shall be considered to have been prepared by that office for 
purposes of sections 10 through 15 of these Procedures.

9. Citizen Involvement

    (a) Policy. Citizen involvement is encouraged at every stage of the 
environmental assessment of a proposed FRA action.
    (b) Procedures. After a Program Office has made the decision to 
prepare a draft EIS, the Program Office shall implement the following procedures:
    (1) Develop, in cooperation with the FRA Public Affairs Office, a 
list of interested parties, including Federal, regional, State, and 
local authorities, environmental groups, individuals, and business, 
public service, education, labor, and community organizations. The 
``List of Federal Agencies and Federal-State Agencies with Jurisdiction 
by Law or Special Expertise on Environmental Quality Issues'', 
published by CEQ, should be consulted.
    (2) Publish a notice of intent in the Federal Register, in 
accordance with CEQ 1501.7 and 1508.22, and notify directly those 
officials, agencies, organizations, and individuals with particular 
interest in the proposal.
    (3) Circulate the draft EIS to interested parties and to 
depositories, such as public libraries, together with an invitation to 
comment on the draft EIS.
    (4) Publicize the availability of the draft EIS by press release, 
in coordination with the FRA Public Affairs Officer, by advertisement 
in local newspapers of general circulation, or by other suitable means. 
The Environmental Protection Agency (EPA) will normally publish a 
notice of availability in the Federal Register. If one or more 
alternative(s) include significant encroachment on a floodplain, the 
notice shall make reference to that fact.
    (5) If necessary or desirable, as determined in consultation with 
the FRA Office of Chief Counsel, using the criteria in CEQ 1506.6(c), 
hold a hearing or hearings on the draft EIS. If a hearing is held, the 
draft EIS shall be made available at least 30 days prior to the 
hearing.
    (6) Respond to all responsible comments in the final EIS in 
accordance with section 13(c)(11) of these Procedures and provide 
copies of the final EIS to all who commented on the draft.
    (c) List of Contacts. Interested persons can get information on the 
FRA environmental process and on the status of EIS's issued by the FRA 
from: Office of Policy and Program Development, Federal Railroad 
Administration, 1120 Vermont Avenue, N.W., Stop 15, Washington, D.C. 
20590; telephone (202) 493-6400. The FRA Office of Policy and Program 
Development will contact the appropriate Program Office if additional 
information is required.

10. Environmental Assessment Process

    (a) Policy. The process of considering the environmental impacts of 
a proposed major FRA action should be begun by or under the supervision 
of the Program Office at the earliest practical time in the planning 
process for the proposed action and shall be considered along with 
technical and economic studies. To the fullest extent possible, steps 
to comply with all environmental review laws and regulations shall be 
undertaken concurrently.
    (b) Scope. The process of considering environmental impacts should 
begin by identifying all reasonable alternatives to the proposed 
action, including ``no action'' and including mitigation measures not 
incorporated into the design of the proposed action. It is entirely 
proper that the number of alternatives being considered should decrease 
as the environmental consideration process proceeds and as analysis 
reveals that certain alternatives would in fact be unreasonable. The 
relevant environmental impacts of all alternatives should be identified 
and discussed, including both beneficial and adverse impacts; impacts 
which are direct, indirect, and cumulative; and impacts of both long 
and short-term duration; and mitigation measures that would be included 
for each alternative. Consultation with appropriate Federal, State, and 
local authorities, and to the extent necessary, with the public, should 
be begun at the earliest practicable time. The following aspects of 
potential environmental impact should be considered:
    (1) Air quality;
    (2) Water quality;
    (3) Noise and vibration;
    (4) Solid waste disposal;
    (5) Ecological systems;
    (6) Impacts on wetlands areas;
    (7) Impacts on endangered species or wildlife:
    (8) Flood hazards and floodplain management;
    (9) Coastal zone management;
    (10) Use of energy resources;
    (11) Use of other natural resources, such as water, minerals, or 
timber;
    (12) Aesthetic and design quality impacts;
    (13) Impacts on transportation: of both passengers and freight; by 
all modes, including the bicycle and pedestrian modes; in local, 
regional, national, and international perspectives; and including 
impacts on traffic congestion;
    (14) Possible barriers to the elderly and handicapped;
    (15) Land use, existing and planned;
    (16) Impacts on the socioeconomic environment, including the number 
and kinds of available jobs, the potential for community disruption and 
demographic shifts, the need for and availability of relocation 
housing, impacts on commerce, including existing business districts, 
metropolitan areas, and the immediate area of the alternative, and 
impacts on local government services and revenues;
    (17) Environmental Justice;
    (18) Public health;
    (19) Public safety, including any impacts due to hazardous 
materials;
    (20) Recreational opportunities;
    (21) Locations of historic, archeological, architectural, or 
cultural significance, including, if applicable, consultation with the 
appropriate State Historic Preservation Officer(s);
    (22) Use of 4(f)-protected properties; and
    (23) Construction period impacts.
    (c) Depth. The environmental consideration process should seek to 
quantify each impact identified as relevant to the proposed action and 
to each alternative. Such quantification should properly develop, over 
the course of the environmental impact process, from a rough order-of-
magnitude estimate of impact to finer and more precise measurements. 
The depth of analysis of each impact should be guided by the following 
factors:
    (1) The likely significance of the impact;
    (2) The magnitude of the proposed action or an alternative action;
    (3) Whether the impact is beneficial or adverse; and
    (4) Whether and to what extent the impact has been assessed in a 
prior environmental document.
    (d) Environmental Assessment. An environmental assessment shall be 
prepared, in accordance with CEQ 1508.9, prior to all major FRA 
actions. The environmental assessment shall be used to determine the 
need to prepare either a FONSI or an EIS for the proposed action, in 
accordance with subsection (e) of this section. An environmental 
assessment need not be prepared as a separate document where the 
Program Office or an applicant has already decided to prepare an EIS 
for the proposed action. Evidence of consultation with appropriate 
Federal, State, and local authorities is especially desirable as a part 
of the environmental assessment. The Program Office is encouraged to 
seek the advice of the FRA Office of Policy and Program Development and 
the FRA Office of Chief Counsel as to the sufficiency of the 
environmental assessment.
    (e) Determination Based on the Environmental Assessment. On the 
basis of the environmental assessment, the Program Office shall 
determine: whether the proposed action will or will not have a 
foreseeable significant impact on the quality of the human environment; 
whether or not the proposed action will use 4(f)-protected properties; whether or not the proposed action will occur in a wetlands 
area; and whether or not the proposed action will occur in a base flood 
plain. In making these four determinations, the Program Office shall 
seek the advice of the FRA Office of Chief Counsel and shall inform 
this advisory office of the ultimate determinations. Based on these 
four determinations, the Program Office shall take action in accordance 
with paragraphs (1) through (4) below, as applicable:
    (1) If the Program Office determines that the proposed action will 
not have a foreseeable significant impact, the Program Office shall 
compile that determination and its supporting documentation into a 
FONSI and proceed in accordance with section 11 of these Procedures.
    (2) If the Program Office determines that there is a foreseeable 
significant impact, it shall begin the scoping process (CEQ 1501.7) and 
proceed to prepare a draft EIS in accordance with sections 9 and 13 of 
these Procedures.
    (3) If the Program Office determines that the proposed action 
contemplates using 4(f)-protected properties, it shall proceed in 
accordance with section 12 of these Procedures.
    (4) If the Program Office determines that the proposed action will 
occur in a wetlands area or in a base floodplain, the Program Office 
shall comply with subsection 14(n)(6) or (8) of these Procedures, as 
applicable. If a FONSI is prepared, the reference in 14(n)(6) and (8) 
to final EIS should be read as reference to the FONSI.

11. Finding of No Significant Impact

    (a) General. A FONSI shall be prepared for all major FRA actions 
for which an environmental impact statement is not required, as 
determined in accordance with section 10(e) of these Procedures.
    (b) Decisionmaking on the Proposed Action. No decision shall be 
made at any level of authority of the FRA to commit the FRA or its 
resources to a major FRA action for which a FONSI must be prepared 
until a FONSI covering the action has been prepared and approved in 
accordance with this section.
    (c) Staff Responsibilities.
    (1) A FONSI, when required, shall be prepared by the Program Office 
and shall be signed by the official heading that office. The Program 
Office shall forward a copy to the Office of Policy and Program 
Development and a copy to the FRA Office of Chief Counsel.
    (2) When requested by the Program Office, the FRA Office of Policy 
and Program Development shall review the FONSI and shall advise the 
Program Office of the consistency of the FONSI with FRA policies and 
programs.
    (3) The FRA Office of Chief Counsel shall review every FONSI and 
shall advise the program office in writing as to the legal sufficiency 
of the FONSI.
    (4) After complying with subsection (d)(2) of this section, the 
Program Office shall submit the FONSI to the Administrator concurrently 
with the advice obtained from the Office of Policy and Program 
Development, when applicable, and from the FRA Office of Chief Counsel.
    (5) A FONSI may become final only upon approval by the 
Administrator. Title V program actions do not require a separate 
approving endorsement by the Administrator, where his/her signature on 
the formal financial assistance agreement approves the entire agreement 
package including the FONSI.
    (d) Coordination.
    (1) Normally an approved FONSI need not be coordinated in advance 
outside the FRA. Copies of the FONSI shall be made available to the 
public, to a Government agency, or to Congress upon request at any 
time.
    (2) When the proposed action is, or is closely similar to, one 
which normally requires an EIS as identified in section 13(a) of these 
Procedures, or when the nature of the proposed action is one without 
precedent, the proposed FONSI shall be made available to the public for 
a period of not less than 30 days before the FONSI is finally approved 
and the action is implemented.
    (e) 4(f) Determinations. A 4(f) determination, prepared according 
to section 12 of these Procedures, may be required for a proposed FRA 
action even though an EIS is not required. If so, the 4(f) 
determination shall be prepared concurrently with and integrated with 
the FONSI for purposes of the review process.
    (f) Representations of Mitigation. Where a FONSI has represented 
that certain measures would be taken to mitigate adverse environmental 
impacts of an action, the FRA program office shall monitor the action 
and, as necessary, take steps to enforce the implementation of such 
measures. Where applicable, the Program Office shall include 
appropriate mitigation measures as a condition to financial assistance 
and as a provision of contracts. The program office shall, upon 
request, inform cooperating or commenting agencies on progress in 
carrying out mitigation measures they proposed and which were adopted 
by FRA, and shall also, upon request, make available to the public the 
results of relevant monitoring.
    (g) Changes and Supplements. Where, in the development of an FRA 
action for which a FONSI was prepared, a significant change is made 
which would alter environmental impacts, or where significant new 
information becomes available regarding the environmental impacts of 
such an FRA action, the Program Office shall prepare an environmental 
assessment in order to determine whether, because of the changes or the 
new information, the proposed action will or will not have a 
foreseeable significant impact on the quality of the human environment. 
In making this determination, the Program Office shall seek the advice 
of the FRA Office of Chief Counsel. If, because of the change or the 
new information, the proposed action will have a foreseeable 
significant impact on the quality of the human environment, the Program 
Office shall prepare a draft EIS and proceed in accordance with 
sections 9 and 13 of these Procedures. If not, the Program Office shall 
prepare an appropriate supplement to the original FONSI.
    (h) Contents of a FONSI. A FONSI shall include the environmental 
assessment in accordance with CEQ 1508.13. There is no prescribed 
format for FONSI's. A FONSI shall contain the following:
    (1) Identification of the document as a FONSI;
    (2) Identification of the FRA;
    (3) The title of the action, including, if applicable, 
identification of the action as a legislative proposal;
    (4) The Program Office which prepared the document;
    (5) The month and year of preparation of the document;
    (6) The name, title, address, and phone number of the person in the 
Program Office who should be contacted to supply further information 
about the document;
    (7) A list of those persons or organizations assisting the Program 
Office in the preparation of the document;
    (8) A description of the proposed action;
    (9) A description of the alternatives considered;
    (10) Environmental effects;
    (11) To the extent necessary and practicable, evidence of 
compliance with all applicable environmental laws, e.g., a copy of 
letters from the State Historic Preservation Officer and the Advisory 
Council on Historic Preservation;
    (12) A discussion of mitigation measures that will be used; (13) A conclusion that the proposed action will have no foreseeable 
significant impact on the quality of the human environment; and
    (14) Signature and date indicating the approval of the 
Administrator required by subsection (c) of this section.

12. 4(f) Determinations

    (a) General. The Program Office shall obtain the approval of the 
Administrator for a 4(f) determination before any FRA action is taken 
which proposes to use 4(f) protected properties. The 4(f) determination 
shall be prepared concurrently with and shall be integrated with either 
a FONSI or an environmental impact statement, or for those projects 
classified as categorical exclusions, in a separate Section 4(f) 
determination.
    (b) Staff Responsibilities.
    (1) The Program Office shall determine whether or not a proposed 
action contemplates the use of 4(f)-protected properties. The Program 
Office shall seek the advice of the FRA Office of Chief Counsel in 
making this determination.
    (2) If it is determined that the proposed action would use 4(f)-
protected properties, the Program Office shall initiate consultations 
on the proposed action with the Department of the Interior and, if 
appropriate, with the Departments of Housing and Urban Development and 
of Agriculture. If State or locally-owned property is involved, the 
Program Office should also consult with the appropriate State or local 
authorities.
    (3) The Program Office shall incorporate into its environmental 
assessment of the proposed action an analysis of whether or not there 
are any feasible and prudent alternatives to the proposed use of 4(f)-
protected properties and of all possible planning measures which could 
be taken to minimize harm to such 4(f)-protected properties resulting 
from such use.
    (4) If the Program Office determines on the basis of its analysis 
that there is no feasible and prudent alternative to the use in the 
proposed action of 4(f)-protected properties, it shall prepare a 4(f) 
determination for the action. The document shall evidence consultation 
with the Department of the Interior and, where applicable, with the 
Departments of Housing and Urban Development and of Agriculture. The 
Program Office shall forward a copy of the 4(f) determination to the 
FRA Office of Policy and Program Development and a copy to the office 
of Chief Counsel as part of the appropriate FONSI or EIS or as a 
separate document for those projects classified as categorical 
exclusions.
    (5) When requested by the Program Office, the FRA Office of Policy 
and Program Development shall review the 4(f) determination and shall 
advise the Program Office as to the consistency of the 4(f) 
determination with FRA policies and programs.
    (6) The FRA Office of Chief Counsel shall review every 4(f) 
determination and shall advise the Program Office in writing as to the 
legal sufficiency of the 4(f) determination.
    (7) The Program Office shall submit the 4(f) determination to the 
Administrator concurrently with the advice obtained from the FRA Office 
of Policy and Program Development, when applicable, and from the FRA 
Office of Chief Counsel.
    (8) A 4(f) determination may become final only upon approval by the 
Administrator.
    (c) Representations of Mitigation. Where a 4(f)determination has 
represented that certain measures would be taken to implement the 
planning to minimize harm to 4(f)-protected properties, the Program 
Office shall monitor the action and, as necessary, take steps to 
enforce the implementation of such measures. Where applicable, the 
Program Office shall include appropriate mitigation measures as a 
condition to financial assistance and as a provision of contracts.
    (d) Contents of a 4(f) Determination. There is no prescribed format 
for 4(f) determinations. The information required by Section 4(f) 
should normally be incorporated as an integral part of the 
environmental document rather than as a separate section. To the extent 
not already included in the environmental document, a 4(f) 
determination shall contain the following:
    (1) Identification of the document as containing a 4(f) 
determination made pursuant to section 4(f) of the Department of 
Transportation Act, 49 U.S.C. 303(c).
    (2) Identification of the FRA;
    (3) The title of the action;
    (4) The Program Office which prepared the document;
    (5) The month and year of preparation of the document;
    (6) A description of the proposed action in its entirety;
    (7) A description of the 4(f)-protected properties proposed to be 
affected, including information about their size, uses, patronage, 
unique qualities, and relationship to other lands in the vicinity of 
the action; and an explanation of the significance of the properties as 
determined by the Federal, State, or local officials having 
jurisdiction thereof;
    (8) A detailed description of the use which the FRA action proposes 
to make of the affected 4(f)-protected properties;
    (9) A similarly detailed description of every reasonable 
alternative location, routing, or design to the one proposed, including 
the alternative of ``no action''. Each description should analyze, as 
appropriate, the technical feasibility, cost estimates (with figures 
showing percentage differences in-total project costs), the possibility 
of community or ecosystem disruption, and other significant 
environmental impacts of each alternative, so as to evidence that the 
financial, social, or ecological costs or adverse environmental impacts 
of each alternative other than that proposed would present unique 
problems or reach extraordinary magnitudes;
    (10) A description of all planning undertaken to minimize harm to 
the 4(f)-protected properties from the proposed action. This should 
include a description of actions which will be taken to mitigate 
adverse environmental impacts, such as beautification measures, 
replacement of land or structures or their equivalents on or near their 
existing site(s), tunneling, cut and cover, cut and fill, treatment of 
embankments, planting, screening, installation of noise barriers, or 
establishment of pedestrian or bicycle paths;
    (11) Evidence of concurrence or of efforts to obtain concurrence of 
the public official or officials having jurisdiction over the 4(f)-
protected properties regarding the proposed action and the planning to 
minimize its harm;
    (12) In a FONSI or a final EIS, evidence of consultation with the 
Department of the Interior and, where appropriate, with the Departments 
of Housing and Urban Development and of Agriculture;
    (13) In a FONSI or a final EIS, a conclusion that there is no 
feasible and prudent alternative to the proposed use of 4(f)-protected 
properties and that the proposal includes all possible planning to 
minimize harm to such properties resulting from such use; and
    (14) In a FONSI or a final EIS, signature and date indicating the 
approval of the Administrator as required by subsection (b)(8) of this 
section.

13. Environmental Impact Statement

    (a) General. The FRA shall prepare and include a final EIS in every 
recommendation on proposals for major FRA actions significantly 
affecting the quality of the human environment, as determined in 
accordance with section 10 of these Procedures. There are no actions which FRA has determined always require an EIS; however, an EIS 
shall be prepared for all major FRA actions significantly affecting the 
quality of the environment. This normally includes any construction of 
new major railroad lines or new major facilities or any change which 
will result in a significant increase in traffic.
    (b) Decisionmaking on the Proposed Action. No decision shall be 
made at any level of FRA to commit the FRA or its resources to a major 
FRA action for which an EIS must be prepared until the later of the 
following dates:
    (1) Thirty (30) days after a final EIS covering the action has been 
submitted to the EPA, as measured from the date the EPA publishes a 
notice of the final EIS's availability in the Federal Register; or
    (2) Ninety (90) days after a draft EIS has been made available to 
the public, as measured from the date the EPA publishes a notice of the 
draft EIS's availability in the Federal Register. The Program Office 
may seek a waiver from the EPA to shorten these time limits for 
compelling reasons of national policy. In emergency circumstances, 
alternative arrangements can be made through CEQ. Any proposed waiver 
of time limits should be requested only after consultation with the FRA 
Office of Chief Counsel which will submit the request through P-10 to 
EPA or CEQ as appropriate.
    (c) Staff Responsibilities and Timing.
    (1) The Program Office shall begin the preparation of a draft EIS 
as soon as it determines, or the environmental assessment performed in 
accordance with section 10 of these Procedures discloses, that the 
proposed action will significantly affect the quality of the human 
environment.
    (2) As soon as a decision to prepare a draft EIS has been made, if 
FRA is the lead or only agency, the Program Office, in consultation 
with the FRA Office of Chief Counsel, shall undertake the scoping 
process identified in CEQ 1501.7.
    (3) In preparing a draft EIS, the Program Office shall perform such 
research and consultation as may be required in accordance with section 
14 of these Procedures or as may be considered desirable as a result of 
the scoping process. The completed draft EIS shall be signed by the 
head of the Program Office. The Program Office shall forward a copy to 
the FRA Office of Policy and Program Development and a copy to the FRA 
Office of Chief Counsel.
    (4) When requested by the Program Office, the FRA Office of Policy 
and Program Development shall review the draft EIS and shall advise the 
Program Office in writing as to the consistency of the draft EIS with 
FRA policies and programs.
    (5) The FRA Office of Chief Counsel shall review every draft EIS 
and shall advise the program office in writing as to the legal 
sufficiency of the draft EIS.
    (6) The Program Office shall submit the draft EIS to the 
Administrator concurrently with the advice obtained from the FRA Office 
of Policy and Program Development, when applicable, and from the FRA 
Office of Chief Counsel.
    (7) A draft EIS may be formally released outside the FRA only after 
approval by the Administrator.
    (8) The Program Office shall direct distribution of the draft EIS 
as follows: EPA (five copies); the Office of the Assistant Secretary of 
Transportation for Policy and International Affairs (two copies); all 
interested FRA regional offices; appropriate DOT Regional 
Representatives; the FRA Office of Policy and Program Development; the 
FRA Office of Chief Counsel; all Federal agencies which have 
jurisdiction by law or special expertise with respect to the 
environmental impacts of the proposed action; State and local 
government authorities and public libraries in the area to be affected 
by the proposed action; and all other interested parties identified 
during the preparation of the draft EIS pursuant to section 9(b)(1) of 
these Procedures.
    (9) The draft EIS shall be made available for public and agency 
comment for at least 45 days from the Friday following the week the 
draft EIS was received by EPA. The time period for comments on the 
draft EIS shall be specified in a prominent place in the document, but 
comments received after the stated time period expires should be 
considered to the extent possible.
    (10) Where a public hearing is to be held on the draft EIS, as 
determined in accordance with section 9(b)(5) of these Procedures, the 
draft EIS shall be made available to the public at least 30 days prior 
to the hearing.
    (11) The Program Office shall consider all comments received on the 
draft EIS, issues raised through the citizen involvement process, and 
new information, and shall revise the text into a final EIS 
accordingly. (See CEQ 1503.4). If the proposed final EIS is not 
submitted to the Administrator within three years from the date of the 
draft EIS circulation, a written reevaluation of the draft shall be 
prepared to determine if the draft EIS remains applicable, accurate, 
and valid. If not, a supplement to the draft EIS or a new draft EIS 
shall be prepared and circulated as required by paragraphs (1) through 
(9) of this subsection. If the draft EIS remains applicable, accurate, 
and valid, the final EIS shall be signed by the head of the Program 
Office and copies forwarded to the FRA Office of Policy and Program 
Development and the FRA Office of Chief Counsel.
    (12) When requested by the Program Office, the FRA Office of Policy 
and Program Development shall review the final EIS and shall advise the 
Program Office in writing as to the consistency of the final EIS with 
FRA policies and programs.
    (13) The FRA Office of Chief Counsel shall review every final EIS 
and shall advise the Program Office in writing as to its legal 
sufficiency.
    (14) The Program Office shall submit the final EIS to the 
Administrator concurrently with the advice obtained from the FRA Office 
of Policy and Program Development, when applicable, and the FRA Office 
of Chief Counsel.
    (15) The final EIS may become final only upon approval by the 
Administrator.
    (16) After approval by the Administrator, the Program Office shall 
direct distribution of the final EIS as follows: EPA (five copies); 
appropriate DOT Regional Representatives; all interested FRA regional 
offices; the FRA Office of Policy and Program Development; the FRA 
Office of Chief Counsel; State and local authorities and public 
libraries in the area affected by the proposed action; Federal agencies 
and other parties who commented substantively on the draft EIS in 
writing or at a public hearing; and all agencies, organizations, or 
individuals requesting copies.
    (17) If major steps toward implementation of the proposed action 
have not commenced, or a major decision point for actions implemented 
in stages has not occurred within three years from the date of approval 
of the final EIS, a written reevaluation of the adequacy, accuracy, and 
validity of the final EIS shall be prepared, and a new or supplemental 
EIS prepared, if necessary. If major steps toward implementation of the 
proposed action have not occurred within the time frame, if any, set 
forth in the final EIS, or within five years from the date of approval 
of the final EIS, a written reevaluation of the adequacy, accuracy, and 
validity of the final EIS shall be prepared, and a new or supplemental 
EIS prepared, if necessary. A decision that a new or supplemental EIS 
is not necessary must be processed in accordance with paragraph (14) of 
this subsection (c). (d) Legislative EIS. An approved draft legislative EIS may be 
forwarded to the appropriate Congressional committee(s) up to 30 days 
later than the proposed legislation. If a final EIS is prepared as 
required by CEQ 1506.8(b)(2), it shall be forwarded to the appropriate 
Congressional committee as soon as it becomes available. Comments on 
the draft EIS and FRA's responses thereto shall be forwarded to the 
appropriate Congressional committee(s).
    (e) Changes and Supplements. Where, in the development of an FRA 
action for which a draft or final EIS has been prepared, a significant 
change is made which would alter environmental impacts, or where 
significant new information becomes available regarding the 
environmental impacts of such an FRA action, the Program Office shall 
prepare an appropriate supplement to the original draft or final EIS 
for that portion of the FRA action affected. Such a supplement shall be 
processed in accordance with paragraphs (3) through (17) of subsection 
(c) of this section. If a formal administrative record is required for 
any FRA action for which a supplemental EIS is prepared, the 
supplemental EIS shall be introduced into the formal administrative 
record. The Program Office, in consultation with the FRA Office of 
Chief Counsel, shall determine whether and to what extent any portion 
of the proposed action is unaffected by the planning change or new 
information. FRA decisionmaking on portions of the proposed action 
having utility independent of the affected portion may go forward 
regardless of the concurrent processing of the supplement.
    (f) Representations of Mitigation. Where a final EIS has 
represented that certain measures would be taken to mitigate the 
adverse environmental impacts of an action, the FRA program office 
shall monitor the action and, as necessary, take steps to enforce the 
implementation of such measures. Where applicable, the Program Office 
shall include appropriate mitigation measures as a condition to 
financial assistance and as a provision of contracts. The program 
office shall, upon request, inform cooperating and commenting agencies 
on progress in carrying out mitigation measures they proposed and which 
were adopted by FRA and shall also, upon request, make available to the 
public the results of relevant monitoring.
    (g) 4(f) Determinations. Where a 4(f) determination as well as an 
EIS is required for a proposed FRA action, it shall be prepared in 
accordance with section 12 of these Procedures and shall be integrated 
with the draft and final EIS.
    (h) Contents of an EIS. The specific contents of both a draft and 
final EIS are prescribed by section 14 of these Procedures. Prescribed 
format for or page limitations on EIS's shall be those set out in CEQ 
1502.7 and 1502.10. An EIS shall be prepared so as to focus on the 
significant issues, as identified by the environmental assessment and 
the process of public comment, and so as to avoid extraneous data and 
discussion. The text of an EIS should be written in plain language 
comprehensible to a lay person, with technical material gathered into 
appendices. Graphics and drawings, maps and photographs shall be used 
as necessary to clarify the proposal and its alternatives. The sources 
of all data used in an EIS shall be noted or referenced in the EIS.

14. Contents of an Environmental Impact Statement

    To the fullest extent possible, the Program Office shall prepare 
draft environmental impact statements concurrently with and integrated 
with environmental impact analyses and related studies required by the 
various environmental review laws and Executive Orders listed in 
subsection (n) below.
    In addition to the requirements of CEQ 1502.11 through 1502.18, and 
subject to the general provisions of section 13(h) of these Procedures, 
a draft or final EIS shall contain the following:
    (a) If appropriate, identification of the document as containing a 
4(f) determination made pursuant to section 4(f) of the Department of 
Transportation Act, 49 U.S.C. 303(c).
    (b) If appropriate, a citation to section 106 of the National 
Historic Preservation Act, 16 U.S.C. 470(f).
    (c) Identification of the FRA.
    (d) The Program Office that prepared the document.
    (e) The month and year of preparation of the document.
    (f) In a draft EIS, the name and address of the person in the FRA 
to whom comments on the document should be addressed, and the date by 
which comments must be received to be considered.
    (g) A list of those persons, organizations, or agencies assisting 
the FRA in the preparation of the document.
    (h) In a draft EIS, a list of agencies, organizations, and persons 
to whom copies of the document are being sent.
    (i) In a final EIS, a list of all agencies, organizations, or 
persons from whom comments were received on the draft EIS.
    (j) A table of contents.
    (k) A brief statement of the purpose and need to which the 
alternatives described in subsection (l) respond, including, where 
applicable, the legislative authority on which it is based; and the 
extent to which other Federal, State, or local agencies are funding or 
other