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

The Program Comment is an alternative means for Federal agencies to fulfill their responsibilities under Section 106 of the National Historic Preservation Act (NHPA), as amended (54 U.S.C. 306108), for undertakings affecting rail properties within railroad and rail transit rights-of-way (rail ROW). As required by the Program Comment, USDOT is publishing this Guidance for implementing the property-based approach.