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49 U.S.C. § 24202 — Railroad rights-of-way

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 24202 — Railroad rights-of-way

**(a) In General.—** Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall submit a proposed exemption of railroad rights-of-way from the review under [section 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim) to the Advisory Council on Historic Preservation for consideration, consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928). **(b) Final Exemption.—** Not later than 180 days after the date on which the Secretary submits the proposed exemption under subsection (a) to the Council, the Council shall issue a final exemption of railroad rights-of-way from review under chapter 3061 of title 54 consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).

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Stable record: federal_law:legal_authorities:record_usc_35852bf85673bd257250f569
Source file: Laws/federal/codes/united-states-code/title-49/section-24202-railroad-rights-of-way--9dca841b60.md
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Source location: Title 49, Chapter 242, § 24202; chapter-242-project-delivery.md

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**(a) In General.—** Not later than 1 year after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall submit a proposed exemption of railroad rights-of-way from the review under [section 306108 of title 54](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title54-section306108&num=0&edition=prelim) to the Advisory Council on Historic Preservation for consideration, consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928). **(b) Final Exemption.—** Not later than 180 days after the date on which the Secretary submits the proposed exemption under subsection (a) to the Council, the Council shall issue a final exemption of railroad rights-of-way from review under chapter 3061 of title 54 consistent with the exemption for interstate highways approved on March 10, 2005 (70 Fed. Reg. 11,928).

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Federal law — U.S. Code and appendices · legal_authorities

54 U.S.C. § 306108 — Effect of undertaking on historic property

The head of any Federal agency having direct or indirect jurisdiction over a proposed Federal or federally assisted undertaking in any State and the head of any Federal department or independent agency having authority to license any undertaking, prior to the approval of the expenditure of any Federal funds on the undertaking or prior to the issuance of any license, shall take into account the effect of the undertaking on any historic property. The head of the Federal agency shall afford the Council a reasonable opportunity to comment with regard to the undertaking.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 5313 — Positions at level II

Level II of the Executive Schedule applies to the following positions, for which the annual rate of basic pay shall be the rate determined with respect to such level under chapter 11 of title 2, as adjusted by [section 5318 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5318&num=0&edition=prelim):

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 24201 — Efficient environmental reviews

**(a) Efficient Environmental Reviews.—** (1) **In general.—** — The Secretary of Transportation shall apply the project development procedures, to the greatest extent feasible, described in [section 139 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section139&num=0&edition=prelim) to any railroad project that requires the approval of the Secretary under the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.). (2) **Regulations and procedures.—** — In carrying out paragraph (1), the Secretary shall incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) aspects of such project development procedures, or portions thereof, determined appropriate by the Secretary in a manner consistent with this section, that increase the efficiency of the review of railroad projects. (3) **Discretion.—** — The Secretary may choose not to incorporate into agency regulations and procedures pertaining to railroad projects described in paragraph (1) such project development procedures that could only feasibly apply to highway projects, public transportation capital projects, and multimodal projects. (4) **Applicability.—** — Subsection (l) of [section 139 of title 23](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title23-section139&num=0&edition=prelim) shall apply to railroad projects described in paragraph (1), except that the limitation on claims of 150 days shall be 2 years. **(b) Additional Categorical Exclusions.—** Not later than 6 months after the date of enactment of the Passenger Rail Reform and Investment Act of 2015, the Secretary shall— (1) survey the u

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 24202 — Railroad rights-of-way

Page 671 TITLE 49—TRANSPORTATION § 24202 1 So in original. Does not conform to section catchline. considering new categorical exclusions to the extent that the categorical exclusions meet the criteria for a categorical exclusion under section 1508.4 of title 40, Code of Federal Regulations. (d) TRANSPARENCY.—The Secretary shall main- tain and make publicly available, including on the Internet, a database that identifies project- specific information on the use of a categorical exclusion on any railroad project carried out under this title. (e) PROTECTIONS FOR EXISTING AGREEMENTS AND NEPA.—Nothing in subtitle E of the Pas- senger Rail Reform and Investment Act of 2015, or any amendment made by such subtitle, shall affect any existing environmental review proc- ess, program, agreement, or funding arrange- ment approved by the Secretary under title 49, as that title was in effect on the day preceding the date of enactment of such subtitle. (Added Pub. L. 114–94, div. A, title XI, § 11503(a), Dec. 4, 2015, 129 Stat. 1691.) Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsecs. (a)(1) and (c), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. The date of enactment of the Passenger Rail Reform and Investment Act of 2015, referred to in subsecs. (b) and (c), is the date of enactment of title XI of div. A of Pub. L. 114–94, which was approved Dec. 4, 2015. Subtitle E of the Passenger Rail Reform and Invest- ment Act of 2015, referred to in subsec. (e), is subtitle E (§§ 1150

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