REEVALUATION SUMMARY AND CONCLUSION FOR
THE XPRESSWEST HIGH-SPEED TRAIN PROJECT

1.0 INTRODUCTION

This memorandum documents the Federal Railroad Administration’s (FRA) conclusion that a
supplemental Environmental Impact Statement (EIS) is not required for the XpressWest High-Speed
Train Project (Project).

In March 2011, FRA issued the Final EIS and Final Section 4(f) Evaluation forthe Proposed DesertXpress
High-Speed Passenger Train Victorville, California to Las Vegas, Nevada (DesertXpress FEIS). FRA
subsequently issued a Record of Decision (ROD) forthe Projectin July 2011. However, the Project did
not proceed to construction. In 2018, DesertXpress Enterprises, LLC proposed certain design
modifications to the Project. While FRA did not have any approvals relating to the Project, FRA agreed to
work with other Federal and State agencies and DesertXpress Enterprises, LLC to prepare a written
reevaluation. The purpose of the reevaluation was to provide the agencies with the information
necessary to determine whether a supplemental EIS is needed under the National Environmental Policy
Act (NEPA).

In accordance with FRA’s Procedures for Considering Environmental Impacts (64 Fed. Reg. 28545, May
26, 1999), 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,
awritten reevaluation of the adequacy, accuracy, and validity of the final EIS shall be prepared, anda
new or supplemental EIS prepared, if necessary. The attached written reevaluation evaluates whether
new information, changes in circumstances, or design refinements to the proposed action
(collectively referred to as Project Modifications) require the preparation of a supplemental EIS.

2.0 Summary of Findings
Generally, asupplemental EIS is necessary if:

(1) Changes to the proposed action would result in significant environmentalimpacts that were
not evaluated in the EIS; or

(2) New information or circumstances relevant to environmental concerns and bearing on the
proposed action or its impacts would result in significant environmental impacts not evaluated
in the EIS.*

FRA assessed the Project Modifications against the proposed action described in the DesertXpress FEIS
and ROD. FRAdetermined the Project Modifications would result in similar impacts to those evaluated
in the DesertXpress FEIS, and concluded the Project Modifications would reduce the overall impacts
from the proposed action. Based on the analysis and findings in the attached written reevaluation, FRA
finds that the Project Modifications do not constitute changes in the proposed action that would result
in significant environmental impacts that were not evaluated in the DesertXpress FEIS.

1 See 40 CFR. § 1502.9(c).


In addition, FRA did not identify new information or circumstances relevant to environmental concerns
regarding the proposed action that would result in new significant impacts. As described in the written
reevaluation, FRA identified any regulatory changes since the issuance of the DesertXpress FEIS and
ROD, and analyzed the affected environment to ensure the conclusions of the DesertXpress FEIS and
ROD remained valid given the passage of time and updates to the regulatory setting. FRA concludes the
DesertXpress FEIS and ROD remains adequate, accurate, and valid.

3.0 Mitigation Commitments

As stated in the reevaluation, DesertXpress Enterprises, LLC will implement the mitigation measures
listed Attachment, Mitigation Measure Summary, which were refined to account for the Project
Modifications.

4.0 Related Environmental Laws

The purpose of the reevaluation is to provide sufficient information to determine whethera
supplemental EIS is required under NEPA. However, FRA continues to work with relevant Federaland
State agencies to complete reviews required by other environmentallaws. Forexample, concurrently
with the preparation of this written reevaluation, FRA is working with the appropriate consulting parties
to complete the Section 106 of the National Historic Preservation Act (54 U.S.C. § 306108).2_ FRA will
also work with the Federal Highway Administration and the State Departments of Transportation to
conduct an evaluation under Section 4(f) of the Department of Transportation Act (49 U.S.C. § 303), as
necessary. DesertXpress Enterprises, LLC must secure all other approvals necessary to commence
construction activities.

5.0 Conclusion
Based on the foregoing and the analysis in the written reevaluation, FRA concludes that a supplemental

EIS is not required, and the Project Modifications are consistent with the proposed action described in
FRA’s 2011 FEIS and ROD.

pproved by:
Mato wb Ottis == _9/9 Java
Division Chief Date:

Environment and Project Engineering, FRA

2 The Programmatic Agreement for the proposed action, executed in 2011, expired prior to initiation of this
reevaluation. As a result, FRA reinitiated consultation under Section 106 of the NHPA, and will develop an
agreement document memorializing the completion of the Section 106 consultation.