[Federal Register Volume 88, Number 224 (Wednesday, November 22, 2023)]
[Notices]
[Pages 81511-81519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-25789]


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SURFACE TRANSPORTATION BOARD

[Docket No. FD 35544]


Desertxpress Enterprises, LLC, and Desertxpress HSR Corporation--
Construction and Operation Exemption--In Victorville, Cal., and Las 
Vegas, Nev.

    In 2019, DesertXpress Enterprises, LLC, (DesertXpress) \1\ filed a 
petition to reopen this proceeding, seeking modification of a 2011 
condition concerning the construction of an approximately 190-mile rail 
line for high-speed passenger rail service between Victorville, Cal., 
and Las Vegas, Nev. (the LV Line). That condition authorized 
construction of a designated alignment. DesertXpress seeks authority

[[Page 81512]]

for modifications to the previously approved alignment.
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    \1\ On September 17, 2018, DesertXpress' ownership group entered 
into an agreement to sell the company to Brightline Holdings LLC 
(Brightline). Fortress Inv. Grp. LLC--Continuance in Control--Cent. 
Me. & Que. Ry., FD 36225, slip op. at 1-2 (STB served Oct. 11, 
2018). Brightline's acquisition of DesertXpress was consummated on 
March 4, 2019. (Pet. to Reopen 4.)
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    Environmental review of the modified route had been ongoing and was 
recently completed. Specifically, the Board's Office of Environmental 
Analysis (OEA) has worked with the Federal Railroad Administration 
(FRA), the lead agency on the environmental and historic review for 
this project under the National Environmental Policy Act (NEPA) and 
related environmental laws, including Section 106 of the National 
Historic Preservation Act (NHPA). As part of this process, OEA has 
reviewed a 2020 reevaluation by FRA (FRA 2020 Reevaluation) of the 
modified alignment, as well as a subsequent reevaluation by FRA (FRA 
2023 Reevaluation) considering further route modifications proposed by 
DesertXpress in 2022. OEA concludes that FRA adequately assessed the 
potential environmental and historic impacts associated with the 
project modifications and concurs with FRA's determination that a 
Supplemental Environmental Impact Statement (EIS) is not necessary. OEA 
also recommends that the Board impose the revised mitigation measures 
in Appendix D of the FRA 2023 Reevaluation. Historic review of the 
project modifications had also been ongoing and was completed this 
year. A Programmatic Agreement (PA) setting out the final terms for 
compliance with Section 106 was executed on August 15, 2023.
    As discussed below, the Board will reopen this proceeding and grant 
DesertXpress' petition for exemption seeking authority for the modified 
alignment. The Board will also adopt FRA's 2020 and 2023 Reevaluations 
and impose the environmental mitigation measures listed in Appendix D 
of the FRA 2023 Reevaluation.

Background

    On July 28, 2011, DesertXpress and its wholly owned subsidiary, 
DesertXpress HSR Corporation (collectively, DXE), filed a petition 
under 49 U.S.C. 10502 for an exemption from the prior approval 
requirements of 49 U.S.C. 10901 to construct and operate the LV Line. 
FRA, with OEA's participation as a cooperating agency, conducted an 
environmental review of the proposed project by preparing an EIS.\2\ 
Following an examination of the entire record on both the 
transportation merits and potential environmental impacts, the Board 
granted the petition for a construction and operation exemption, 
subject to environmental conditions and the condition that DXE 
construct the 2011 Selected Alternative. See DesertXpress Enters.--
Constr. & Operation Exemption--in Victorville, Cal., & Las Vegas, Nev. 
(October 2011 Decision), FD 35544, slip op. at 8 (STB served Oct. 25, 
2011).\3\
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    \2\ On July 8, 2011, FRA published its Record of Decision (ROD) 
approving the environmentally preferred alternative for the route, 
facilities, and technology (2011 Selected Alternative), subject to 
mitigation measures to avoid or minimize potential adverse 
environmental impacts. (See Pet. for Exemption, Ex. D.)
    \3\ The 2011 Selected Alternative contemplated a double-track 
rail line to be located almost entirely on the north/west side of 
the I-15 freeway travel lanes. (DesertXpress Letter 1, Sept. 15, 
2020; Pet. for Exemption, Ex. D, 34-35, 63-64.)
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    On March 27, 2019, DesertXpress filed a petition to reopen this 
proceeding, seeking modification of the condition authorizing 
construction of the 2011 Selected Alternative to permit the LV Line to 
be constructed along a modified route, referred to as the ``I-15 
median'' alignment. (Pet. to Reopen 1, 5.) DesertXpress stated that it 
had determined that it would be more efficient to construct the LV Line 
primarily in the median between the northbound and southbound lanes of 
the I-15 freeway and to utilize a single-track configuration with 
passing sidings. (Id. at 5.)
    In a notice served on June 24, 2019, the Director of the Board's 
Office of Proceedings (Director) explained that FRA had agreed to 
reevaluate the environmental analysis relied upon by the Board in the 
October 2011 Decision in light of the alignment changes proposed by 
DesertXpress and that OEA would participate in that process as a 
cooperating agency. See DesertXpress Enters.--Constr. & Operation 
Exemption--in Victorville, Cal., & Las Vegas, Nev., FD 35544, slip op. 
at 2 (STB served June 24, 2019). The Director added that the petition 
to reopen would be addressed after the FRA 2020 Reevaluation was 
completed. DesertXpress Enters.--Constr. & Operation Exemption--in 
Victorville, Cal., & Las Vegas, Nev., FD 35544, slip op. at 2 (STB 
served June 24, 2019).
    On September 15, 2020, DesertXpress filed a letter stating that FRA 
had completed the FRA 2020 Reevaluation \4\ and concluded that a 
Supplemental EIS was not required for the proposed modifications to the 
alignment. (DesertXpress Letter 2, Sept. 15, 2020.) DesertXpress also 
asserted that ``[t]he Board need not revisit the [October 2011 
Decision's] findings with respect to the transportation merits of the 
Line,'' as ``[n]one of those findings would be affected by substituting 
the modified I-15 median alignment for the side-running alignment 
previously designated by FRA.'' (DesertXpress Letter 2 n.4, Sept. 15, 
2020.) Accordingly, DesertXpress asked the Board to grant its petition 
to reopen the October 2011 Decision to revise the routing condition to 
authorize it to build the modified alignment and project design 
specified in the FRA 2020 Reevaluation. (DesertXpress Letter 3, Sept. 
5, 2020.) \5\
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    \4\ The FRA 2020 Reevaluation is available on FRA's website at 
https://railroads.dot.gov/rail-network-development/environment/environmental-reviews/brightline-west-las-vegas-victor-valley.
    \5\ In addition to locating the LV Line primarily within the I-
15 freeway median, the modified alignment would also relocate the LV 
Line's southern terminus in Victor Valley from the City of 
Victorville to the Town of Apple Valley. (FRA 2020 Reevaluation, 
Summary 1 n1.)
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    OEA then prepared an Environmental Memorandum (OEA 2020 Memo) 
concurring with the conclusions reached in the FRA 2020 Reevaluation. 
The Board also recommended that the Board consider FRA's 2020 
Reevaluation, along with the EIS, when determining whether to authorize 
the LV Line as modified, and that it impose revised mitigation measures 
recommended by FRA in the FRA 2020 Reevaluation. OEA 2020 Memo 2. OEA 
further explained that FRA was working with appropriate consulting 
parties to complete the historic review under Section 106. Id.
    The Board provided an opportunity for the public to comment in a 
decision served on December 3, 2020. See DesertXpress Enters.--Constr. 
& Operation Exemption--in Victorville, Cal., & Las Vegas, Nev., FD 
35544 (STB served Dec. 3, 2020). The Board did not receive any 
comments. In that decision, the Board also noted that review of 
historic and cultural resources was ongoing pursuant to Section 106 and 
that it could not issue a final decision modifying the routing 
condition, if appropriate, until that process was complete.
    In 2022, DesertXpress proposed additional modifications, which were 
developed through the final design phase for the LV Line. DesertXpress' 
further modifications include, among other things, moving ``additional 
miles of track along the Las Vegas-Victorville route (as well as the 
Victor Valley station building) into the median between the northbound 
and southbound lanes'' of the I-15 freeway, relocating certain 
facilities, and adding temporary construction areas. (DesertXpress 
Letter 2, Sept. 19, 2023.) It asks the Board to modify the routing 
condition again to reflect those modifications. (Id. at 3.) After 
evaluating these additional modifications, FRA

[[Page 81513]]

issued the 2023 FRA Reevaluation,\6\ concluding that a Supplemental EIS 
is not necessary and updating the mitigation measures. OEA then 
prepared the OEA 2023 Environmental Memorandum (OEA 2023 Memo) 
(appended to this decision) concurring with FRA's conclusions and 
recommending that the Board consider FRA's 2023 Reevaluation, along 
with the 2020 Reevaluation and the EIS, in deciding whether to 
authorize the LV Line as modified, and that it impose the updated 
mitigation measures contained in Appendix D of the FRA 2023 
Reevaluation. OEA 2023 Memo 5. As noted above, a PA was executed on 
August 15, 2023, completing the Section 106 historic review process for 
this proceeding.
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    \6\ The FRA 2023 Reevaluation is also available on FRA's website 
at https://railroads.dot.gov/rail-network-development/environment/environmental-reviews/brightline-west-las-vegas-victor-valley.
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Discussion and Conclusions

Reopening the Proceeding

    A party may seek to reopen a Board proceeding by submitting a 
petition that (1) presents new evidence or substantially changed 
circumstances that would materially affect the case or (2) demonstrates 
material error in a prior decision. 49 U.S.C. 1322(c); 49 CFR 1115.4. 
``To warrant reopening, the new evidence must be newly available, and 
the new evidence or substantially changed circumstances must materially 
affect the prior decision.'' Port of Moses Lake--Constr. Exemption--
Moses Lake, Wash., FD 34936, slip op. at 2 (STB served Jan. 28, 2019) 
citing Riffin--Pet. for Declaratory Ord., FD 34997 et al., slip op. at 
6 (STB served, Oct. 29, 2012).
    Here, DesertXpress has proposed to construct the LV Line along a 
modified alignment somewhat different from that which the Board 
authorized in the October 2011 Decision. The modifications led to the 
2020 and 2023 FRA Reevaluations and the updated mitigation measures in 
Appendix D of the 2023 FRA Reevaluation. These developments constitute 
new evidence and changed circumstances that warrant reopening the 
October 2011 Decision to consider the modified alignment and revised 
mitigation.

Rail Transportation Analysis

    The construction of new railroad lines requires prior Board 
authorization, through either a certificate under section 10901 or, as 
requested here, an exemption under section 10502 from the prior 
approval requirements of section 10901. Section 10901(c) directs the 
Board to grant authority for rail line construction proposals unless it 
finds the proposal ``inconsistent with the public convenience and 
necessity.'' See Alaska R.R.--Constr. & Operation Exemption--A Rail 
Line Extension to Port MacKenzie, Alaska, FD 35095, slip op. at 5 (STB 
served Nov. 21, 2011), aff'd sub nom. Alaska Survival v. STB, 705 F.3d 
1073 (9th Cir. 2013). Under section 10502(a), the Board shall, to the 
maximum extent permissible, exempt a proposed rail line construction 
from the prior approval requirements of section 10901 when it finds 
that: (1) those procedures are not necessary to carry out the rail 
transportation policy of 49 U.S.C. 10101 and (2) either (a) the 
proposal is of limited scope or (b) the full application procedures are 
not needed to protect shippers from an abuse of market power.
    In the October 2011 Decision, the Board concluded that DesertXpress 
met the standards of section 10502 for an exemption to construct and 
operate the LV Line. The Board found that the LV Line would provide 
additional transportation options and alleviate both automobile 
congestion on the I-15 freeway as well as constraints on the expansion 
of air travel in Southern California. See Oct. 2011 Decision, FD 35544, 
slip op. at 3. The Board further found that the LV Line would reduce 
air pollution and overall fuel consumption and noted the expected 
multi-billion-dollar beneficial impact on the economies of Nevada and 
California. See id. at 2 n.4 & 3 (referencing forecasts of LV Line 
ridership and automobile diversions, jobs, and economic impacts). The 
Board concluded that the requested exemption would reduce the need for 
federal regulation (49 U.S.C. 10101(2)), ensure the development of a 
sound rail transportation system with effective competition to meet the 
needs of the shipping public (49 U.S.C. 10101(4)), foster sound 
economic conditions in transportation (49 U.S.C. 10101(5)), reduce 
regulatory barriers to entry (49 U.S.C. 10101(7)), and promote energy 
conservation and reduce congestion consistent with 49 U.S.C. 10101(14). 
See Oct. 2011 Decision, FD 35544, slip op. at 3-4. The Board also found 
that other aspects of the rail transportation policy would not be 
affected. Finally, the Board found that regulation of the proposed 
construction is not necessary to protect shippers from the abuse of 
market power. Id.
    No party challenged in this proceeding the Board's 2011 conclusions 
on the transportation merits of the proposal,\7\ and nothing in the 
record developed since then, including the environmental analysis 
discussed in the next section, calls those conclusions into question. 
The LV Line, with a modified median alignment, would reduce highway 
congestion by diverting vehicle traffic from the I-15 freeway to a 
faster and more efficient rail option. As previously noted, diversions 
would also benefit the environment, in part due to the far lower 
emissions associated with rail. (See also Titus Letter 2, July 27, 2023 
(``Estimates show that over 700 million vehicle miles traveled will be 
removed annually from the highway which will eliminate more than 
400,000 tons of CO<INF>2</INF> emissions from the atmosphere.'').) And, 
as previously noted, construction of the LV Line is anticipated to 
generate billions of dollars in economic activity and tax revenue, and 
lead to the creation of thousands of jobs. (See also id. at 1-2.) 
Simply put, the benefits to the traveling public and, ultimately, the 
environment of adding a high-speed passenger rail option between 
Southern California and Las Vegas are considerable, and the project 
modifications do not change this conclusion. Moreover, the merits are 
enhanced by the Victor Valley-to-Rancho Cucamonga extension (RC Line), 
which would connect passengers on the LV Line to the Southern 
California commuter rail network.\8\ The Board therefore reaffirms its 
2011 conclusions regarding the transportation merits of the LV Line.
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    \7\ See note 10, infra.
    \8\ In Docket No. FD 36488, DesertXpress filed a petition for 
exemption to construct and operate the RC Line, an approximately 50-
mile high-speed passenger rail line, between the Victor Valley and 
Rancho Cucamonga in Southern California. The RC Line would connect 
with the southern terminal of the LV Line at the Victor Valley. The 
Board instituted a proceeding in Docket No. FD 36488 on July 12, 
2021. DesertXpress Enters.--Constr. & Operation Exemption--Passenger 
Rail Line Between Victor Valley & Rancho Cucamonga, Cal., FD 36488 
(STB served July 12, 2021). The Board issued a decision today 
authorizing DesertXpress to construct and operate the RC Line.
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Environmental Analysis

    NEPA requires that the Board examine the environmental effects of 
proposed federal actions and inform the public concerning those 
effects. Balt. Gas & Elec. Co. v. Nat. Res. Def. Council, 462 U.S. 87, 
97 (1983). Under NEPA, the Board must consider potential beneficial and 
adverse environmental effects in reaching its decision. The two-fold 
purpose of NEPA is to ensure that the agency's decision-making process 
includes environmental considerations and to inform the public about 
those considerations. Citizens Against Rails-to-Trails v. STB, 267 F.3d 
1144, 1151 (D.C. Cir. 2001). While NEPA prescribes the process that 
must

[[Page 81514]]

be followed, it does not mandate a particular result. Robertson v. 
Methow Valley Citizens Council, 490 U.S. 332, 350-51 (1989). Thus, once 
the adverse environmental effects of a proposed action have been 
adequately identified and evaluated, the Board may conclude that 
``other values outweigh the environmental costs.'' Id.
    The FRA 2020 Reevaluation reassessed the project modifications 
alongside the proposed action described in the EIS and ROD. OEA 2020 
Memo 3. FRA also updated and revised certain mitigation measures 
developed in the EIS to address changes in the affected environment and 
project changes since publication of the EIS. OEA 2020 Memo 3. FRA 
determined that, with mitigation, the project modifications would 
result in similar impacts to those evaluated in the EIS and concluded 
that the project modifications would reduce certain environmental 
impacts of the LV Line. OEA 2020 Memo 3. For example, the modified 
alignment assessed in the FRA 2020 Reevaluation, which would be single 
track and primarily in an existing median, would reduce the project's 
impact on land use, visual resources, air quality and climate change, 
and biological resources. Id. at 5, 7, 10, 12.
    As part of FRA's review, it also identified regulatory changes that 
had taken effect since the issuance of the EIS and analyzed the 
affected environment to ensure that the conclusions of the EIS remained 
valid. OEA 2020 Memo 3. Based on the analysis and findings in the FRA 
2020 Reevaluation, FRA concluded that the project modifications, with 
the implementation of the proposed mitigation, did not constitute 
changes to the proposed action that would result in significant 
environmental impacts that were not evaluated in the EIS and that a 
Supplemental EIS was not necessary. Id.
    OEA concluded that FRA had adequately assessed the potential 
environmental impacts associated with the project modifications and 
concurred with FRA's determination that a Supplemental EIS was not 
necessary. OEA 2020 Memo 13. Accordingly, OEA recommended that the 
Board consider the FRA 2020 Reevaluation, along with the EIS, in 
deciding whether to authorize the project as modified. OEA 2020 Memo 
13-14. OEA also recommended that the Board impose the revised 
mitigation measures recommended in the FRA 2020 Reevaluation. OEA 2020 
Memo 14. As noted above, the Board provided an opportunity for public 
comment, and no comments were filed.\9\
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    \9\ In response to DesertXpress' petition for exemption to 
construct and operate the RC Line, see note 9, supra, the San Manuel 
Band of Mission Indians (San Manuel Band, now the Yuhaaviatam of San 
Manuel Nation) and Morongo Band of Mission Indians (Morongo Band), 
filed comments challenging the sufficiency of FRA's historic review 
process with respect to the modified alignment of the LV Line. (San 
Manuel Band Comments 1-2, FD 36488, May 5, 2021; Morongo Band 
Comments 1-2, FD 36488, June 4, 2021). Since those comments were 
filed, a new PA has been executed between (among others) FRA, STB, 
the California State Historic Preservation Office (SHPO), the Nevada 
SHPO, and the Advisory Council on Historic Preservation (ACHP). See 
note 11, infra. Execution of the PA satisfies the requirements of 
Section 106 for the modified route of the LV Line.
    Also in the docket for the RC Line, the National Parks 
Conservation Association (NPCA) filed a comment suggesting that the 
LV Line was not adequately assessed under NEPA. (NPCA Comments 1, FD 
36488 June 8, 2021.) NPCA further argued that the LV Line should 
have been considered simultaneously with the RC Line because, 
according to NPCA, ``there is no viable project'' absent the RC 
Line. (Id.) The Board disagrees. As explained above, both the LV 
Line's and RC Line's environmental and historic impacts have been 
thoroughly evaluated under NEPA and NHPA. And, as the Board found in 
2011, the LV Line has considerable merit--including ridership 
demand--even without the RC Line. See Oct. 2011 Decision, FD 35544, 
slip op. at 2-3.
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    Likewise, in the FRA 2023 Reevaluation, FRA determined that (1) the 
additional modifications proposed by DesertXpress in 2022, with the 
imposition of final proposed mitigation, would not result in 
substantial changes in the evaluation of impacts disclosed in the EIS 
or the FRA 2020 Reevaluation and (2) no Supplemental EIS is required. 
OEA 2023 Memo 4. FRA also determined that the modifications would 
generally avoid or minimize the overall effects of the project. Id. For 
example, FRA concluded that placement of additional components of the 
rail alignment and a greater portion of ancillary facilities within the 
I-15 freeway right-of-way would reduce biological resource impacts 
compared to the EIS or the FRA 2020 Reevaluation. OEA 2023 Memo 4 n.7. 
Similarly, constructing along the modified route would result in fewer 
air emissions compared to the route examined in the EIS because there 
would be no tunneling and less of a need to elevate the alignment. Id.
    OEA further concluded that the FRA 2023 Reevaluation adequately 
assessed the potential environmental impacts associated with 
DesertXpress' additional modifications and concurred with FRA's 
determination that a Supplemental EIS is not necessary. OEA 2023 Memo 
5. Accordingly, OEA recommends that the Board consider the FRA 2023 
Reevaluation, along with the FRA 2020 Reevaluation and the EIS, when it 
decides whether to authorize the LV Line as modified. OEA 2023 Memo 5. 
OEA also recommends that, in any decision granting an exemption for 
construction and operation of the LV Line modified as described in the 
FRA 2020 and 2023 Reevaluations, the Board should impose all the 
mitigation measures included in Appendix D of the FRA 2023 
Reevaluation. OEA 2023 Memo 5.

NHPA

    Section 106 of NHPA requires federal agencies to ``take into 
account the effect of'' their licensing decisions (in this case, 
whether to grant DesertXpress' request to modify the LV Line alignment) 
on properties included in, or eligible for inclusion in, the National 
Register of Historic Places and, prior to the approval of an 
undertaking, to afford ACHP a reasonable opportunity to comment. See 54 
U.S.C. 306108. Consultation with the SHPO is also required. See 36 CFR 
800.2(a)(4) & (c)(1), 800.3(c)(3).
    FRA determined that the project modifications would not result in 
substantial changes to the evaluation of cultural resource impacts from 
those identified in the EIS. OEA 2020 Memo 8. However, FRA concluded 
that the modified project would encounter new archaeological resources 
and historic built environment resources that were not previously 
evaluated. OEA 2020 Memo 8. In accordance with 36 CFR part 800, FRA 
moved the Section 106 process forward in consultation with the 
appropriate parties, including ACHP, the California and Nevada SHPOs, 
and federally recognized Native American tribes with an interest in the 
project area. OEA 2020 Memo 8. In response to requests from several 
consulting parties after FRA completed the FRA 2020 Reevaluation, FRA 
decided to resolve any adverse effects to historic archeological and 
built environment resources through the execution of a new PA. OEA 2020 
Memo 8-9.
    As noted in the PA executed on August 15, 2023, FRA identified 197 
historic properties, assessed the adverse effects to those properties, 
and prepared a Historic Properties Treatment Plan that provides 
detailed methodology for implementing mitigation prescribed by the 
agreement and resolves adverse effects to all known historic 
properties. (2023 PA 6, 20.) \10\ OEA concludes, and the Board agrees, 
that execution of the PA satisfies the requirements of Section

[[Page 81515]]

106 for the modified route. OEA 2023 Memo 4.
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    \10\ The PA is available on FRA's website at https://railroads.dot.gov/rail-network-development/environment/environmental-reviews/brightline-west-las-vegas-victor-valley.
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The Board's Analysis of the Environmental Issues

    The Board will adopt the analyses and conclusions in the FRA 2020 
and 2023 Reevaluations. The Board will also impose the final 
recommended mitigation measures listed in Appendix D of the FRA 2023 
Reevaluation, which would lessen impacts from constructing and 
operating the modified alignment. The Board is satisfied that the FRA 
2020 and 2023 Reevaluations took the requisite ``hard look'' at the 
potential environmental and historic impacts associated with 
modifications to the LV Line and properly determined that, with the 
mitigation in Appendix D of FRA's 2023 Reevaluation, the proposed 
modifications would not have potentially significant environmental 
impacts, and that preparation of a Supplemental EIS is unnecessary.

Conclusions

    The Board already authorized construction and operation of the LV 
Line by exemption in 2011, and the modified alignment would lessen or 
avoid a number of potential environmental impacts by placing much of 
the routing in the I-15 median. As noted above, the merits of a high-
speed rail passenger line connecting Las Vegas and Southern California 
are substantial, and are strengthened by the RC Line and its connection 
to the greater Southern California commuter rail network. Moreover, 
providing a rail alternative along the I-15 corridor would not only 
create a transportation benefit for passengers; it would also create 
environmental benefits in replacing highway vehicle traffic, and its 
associated emissions, with more environmentally-friendly rail travel. 
Therefore, after considering the transportation merits, the 
environmental issues, and the entire record, the Board will grant the 
petition for exemption and authorize the modified alignment of the LV 
Line by modifying the 2011 routing condition, subject to compliance 
with the mitigation measures listed in Appendix D of the FRA 2023 
Reevaluation.
    This action, as conditioned, will not significantly impact the 
quality of the human environment or the conservation of energy 
resources.
    It is ordered:
    1. DesertXpress' petition to reopen and modify the 2011 routing 
condition is granted.
    2. Under 49 U.S.C. 10502, the Board exempts construction of the LV 
Line from the prior approval requirements of 4 U.S.C. 10901, with the 
modifications evaluated in the FRA 2020 and 2023 Reevaluations.
    3. The Board adopts the environmental mitigation measures set forth 
in Appendix D of the FRA 2023 Reevaluation and imposes them as 
conditions to the exemption granted here.
    4. Notice will be published in the Federal Register.
    5. Petitions for reconsideration must be filed by December 6, 2023.
    6. This decision is effective December 16, 2023.

    Decided: November 15, 2023.

    By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and 
Schultz.
Jeffrey Herzig,
Clearance Clerk.

Appendix

Surface Transportation Board

Washington, DC 20423
[GRAPHIC] [TIFF OMITTED] TN22NO23.255

Office of Environmental Analysis

MEMORANDUM

TO: Martin Oberman, Chairman; Karen Hedlund, Vice Chairman; Patrick 
Fuchs, Member; Michelle Schultz, Member; Robert Primus, Member

Cc: Mai Dinh, Director, Office of Proceedings

FROM: Danielle Gosselin, Director, Office of Environmental Analysis

DATE: October 30, 2023

SUBJECT: Docket No. FD 35544, DesertXpress Enterprises, LLC and 
DesertXpress HSR Corporation--Construction and Operation Exemption--
in Victorville, Cal. and Las Vegas, Nev.: Environmental Memorandum

    This memorandum summarizes a second reevaluation undertaken by 
the Federal Railroad Administration (FRA) in 2023 (2023 
Reevaluation) of additional proposed project modifications to 
DesertXpress Enterprises, LLC's, d/b/a Brightline West (the 
Applicant), construction and operation of a high-speed passenger 
rail line between Southern California and Las Vegas, Nevada. This 
memorandum also presents the Office of Environmental Analysis' (OEA) 
final recommendations to the Board based on FRA's 2023 Reevaluation, 
including a recommendation that the Board impose the revised 
environmental mitigation in FRA's 2023 Reevaluation in any decision 
authorizing the project, as modified.

Introduction

    On July 28, 2011, the Applicant submitted a petition for 
exemption under 49 U.S.C. 10502 for the construction and operation 
of an approximately 190-mile high-speed passenger rail line between 
the Victor Valley, in Southern California, and Las Vegas, Nevada 
(Line). The purpose of the Line was to create an alternative 
transportation option (in addition to auto and air) from Southern 
California to Las Vegas. The Applicant plans to provide passenger 
rail service on the Line.
    The Board, through OEA, participated in the environmental review 
as a cooperating agency under the lead of FRA.\1\ A number of other 
agencies, including the Bureau of Land Management (BLM), the Federal 
Highway Administration, the National Park Service, the California 
Department of Transportation (Caltrans), and the Nevada Department 
of Transportation (NDOT), participated in the environmental review 
process as cooperating agencies or consulting parties. FRA, with the 
assistance of the cooperating agencies, prepared a Draft 
Environmental Impact Statement (Draft EIS) in March 2009, a 
Supplemental Draft EIS in August 2010, and a Final Environmental 
Impact Statement (Final EIS) in March 2011.\2\
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    \1\ FRA was the lead agency in the environmental review because 
of its jurisdiction and expertise related to high-speed train 
operations and railroad safety. See DesertXpress Enters., LLC & 
DesertXpress HSR Corp.--Constr. & Operation Exemption--in 
Victorville, Cal. & Las Vegas, Nev., Docket No. FD 35544, slip op. 
at 4 n.6 (STB served Oct. 25, 2011).
    \2\ The DEIS, Supplemental DEIS, and FEIS are referred to 
collectively as the EIS.
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    The EIS identified a preferred alternative and developed 
environmental mitigation conditions to avoid or minimize potential 
environmental impacts. Following the issuance of a Record of 
Decision (ROD) by FRA, the Board, on October 20, 2011, granted the 
Applicant's petition for exemption, subject to environmental 
conditions and the condition that the Applicant build the route 
designated in the EIS and ROD as environmentally preferable (2011 
Decision).\3\ Despite having the requisite agency approvals to 
construct and operate the Line, construction did not immediately 
proceed.
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    \3\ See 2011 Decision at 1, 8.
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    In 2018, the Applicant proposed design modifications to the 
Line, including modifying the rail alignment between the Victor 
Valley and Las Vegas so that it was located primarily within the I-
15 freeway median with portions following the east side of the I-15 
freeway; relocating the Southern California terminus from 
Victorville to the Town of Apple Valley (both located in the Victor 
Valley); collocating an operations maintenance storage facility with 
the passenger station in Apple Valley; and constructing certain 
ancillary facilities not previously evaluated in the EIS.
    FRA prepared a written reevaluation \4\ of the design 
modifications (2020

[[Page 81516]]

Reevaluation), in which it determined that the project modifications 
would reduce certain environmental impacts; updated and revised some 
mitigation measures developed in the EIS to address changes in the 
affected environment and project modifications since publication of 
the EIS; and concluded that a Supplemental EIS was not required and 
that the proposed project modifications are consistent with the 
proposed action described in FRA's EIS and ROD. The Board, through 
OEA, participated as a cooperating agency in FRA's reevaluation 
process.
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    \4\ FRA's Procedures for Considering Environmental Impacts (64 
FR 28545, May 26, 1999), provide that 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 is 
prepared, to determine if a new or supplemental EIS is necessary.
---------------------------------------------------------------------------

    On March 27, 2019, the Applicant filed a petition with the Board 
to reopen this proceeding, seeking modification to the condition in 
the 2011 Decision authorizing construction of the Line along the 
previously selected preferred alternative route due to the 
Applicant's proposed design modifications and other changes. OEA 
prepared an Environmental Memorandum to the Board agreeing with 
FRA's conclusions in the 2020 Reevaluation that no Supplemental EIS 
was required, and recommending that, in any decision approving the 
proposed project, the Board impose the revised mitigation measures 
in FRA's 2020 Reevaluation. The Board then issued a decision on 
December 3, 2020 attaching the OEA memorandum, seeking public 
comment, and noting that the review of historic and cultural 
resources pursuant to Section 106 of the National Historic 
Preservation Act was still ongoing and that, therefore, the Board 
could not issue a final decision addressing the modified route and 
other changes until that process was complete. No comments were 
received.

FRA'S 2023 Reevaluation

    In 2022, the Applicant proposed additional modifications, which 
were developed through the final design phase for the Line. These 
modifications included relocating the rail alignment on certain 
portions of the Line from the east side of the I-15 freeway to the 
median; revising the design of the Apple Valley station to include 
the passenger boarding and alighting platforms in the median of the 
I-15 freeway; raising and moving east a portion of the existing I-15 
northbound lanes to provide the necessary footprint and access for 
these passenger platforms; adding or modifying certain ancillary 
features not previously evaluated in the EIS or 2020 Reevaluation, 
such as highway ramps, state highway patrol emergency crossovers, 
and culverts; and locating a vehicle maintenance facility and 
connecting freight track corridor at a site that had not previously 
been evaluated in Sloan, Nevada (Sloan VMF). A detailed table from 
the 2023 Reevaluation describing all of the additional modifications 
is attached to this memorandum.
    FRA evaluated the additional modifications and issued a 
memorandum on September 15, 2023, concluding that a Supplemental EIS 
is not necessary. The 2023 Reevaluation focused on the modifications 
to the project footprint and facilities proposed since the issuance 
of FRA's 2020 Reevaluation, and also reflected changes since then to 
the affected environment, regulatory setting, and project effects. 
FRA reassessed each of the environmental resource areas analyzed in 
the EIS and 2020 Reevaluation: land use, community, and 
environmental justice communities; growth; farmlands and grazing 
lands; utilities/emergency services; traffic and transportation; 
visual resources; cultural resources; hydrology and water quality; 
geology and soils; paleontological resources; hazardous materials; 
air quality and global climate change; noise and vibration; energy; 
biological resources; \5\ and cumulative impacts.\6\ FRA determined 
that the additional modifications, with the imposition of final 
proposed mitigation (including, in most cases, mitigation that had 
already been proposed in the EIS and 2020 Reevaluation), would not 
result in substantial changes in the evaluation of impacts disclosed 
in the EIS or 2020 Reevaluation, that the modifications would 
generally avoid or minimize the overall effects of the project, and 
that no Supplemental EIS is required.\7\
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    \5\ FRA reinitiated consultation with the U.S. Fish and Wildlife 
Service (USFWS), under Section 7 of the Endangered Species Act for 
the additional modifications. USFWS recommended updates to the 
mitigation measures described in the project's Biological Opinion 
prepared in 2011, specifically mitigation for impacts from the Sloan 
VMF on the desert tortoise and desert tortoise habitat. FRA 
incorporated the revised mitigation measures into the 2023 
Reevaluation. On September 1, 2023, USFWS concluded re-initiation of 
Section 7 consultation and determined that formal consultation was 
not required for the Line.
    \6\ With the exception of biological resources and cultural 
resources, FRA performed a desktop/qualitative evaluation for the 
above-listed resources as changes to the affected environment for 
those resources would be unlikely to occur or were easily assessed 
using publicly available resources. FRA performed more detailed 
evaluations to assess impacts to cultural resources and biological 
resources, which it documented in technical reports/memoranda. To 
facilitate review by BLM, FRA included a separate analysis for the 
Sloan VMF in the 2023 Reevaluation because the Sloan VMF has been 
proposed on land owned and managed by BLM. FRA's determination as to 
whether a Supplemental EIS is required considered all project 
modifications, including the Sloan VMF.
    \7\ For example, FRA concluded that placement of additional 
components of the rail alignment and a greater portion of ancillary 
facilities within the I-15 freeway right-of-way would reduce 
biological resource impacts compared to the EIS or the FRA 2020 
Reevaluation. (FRA 2023 Reevaluation 51-54.) Similarly, constructing 
along the modified route would result in fewer air emissions 
compared to the route examined in the EIS because there would be no 
tunneling and less of a need to elevate the alignment. (Id. at 45.)
---------------------------------------------------------------------------

Mitigation Measures

    FRA has updated the mitigation measures included in the 2011 ROD 
and the 2020 Reevaluation to account for the additional project 
modifications, and principally to mitigate impacts on the desert 
tortoise and the desert tortoise habitat from the Sloan VMF 
footprint. The mitigation measures are described in detail in 
Attachment D of the 2023 Reevaluation.\8\ The 2023 Reevaluation 
concludes that the mitigation measures developed in the EIS and the 
2020 Reevaluation, as updated in the 2023 Reevaluation, would avoid 
or minimize potential environmental impacts and that no Supplemental 
EIS is required.
---------------------------------------------------------------------------

    \8\ The 2023 Reevaluation, including its attachments, is 
available on FRA's website at https://railroads.dot.gov/rail-network-development/environment/environmental-reviews/brightline-west-las-vegas-victor-valley.
---------------------------------------------------------------------------

Section 106 Process

    A Programmatic Agreement (PA) to govern the approach for ongoing 
compliance with Section 106 and implementation of the resolution of 
adverse effects was executed on August 15, 2023. This completed the 
Section 106 process for the proceeding.

OEA'S Final Environmental Recommendations

    After participating in the reevaluation process and reviewing 
FRA's 2023 Reevaluation, OEA concludes that the 2023 Reevaluation 
adequately assesses the potential environmental impacts associated 
with the Applicant's additional modifications and concurs with FRA's 
determination that a Supplemental EIS is not necessary. Accordingly, 
OEA recommends that the Board consider FRA's 2023 Reevaluation, 
along with the 2020 Reevaluation and the EIS, when it decides 
whether to authorize the Line as modified. Mitigation measures 
imposed in FRA's ROD and the Board's prior decision, and refined in 
the 2020 Revaluation, were further refined in the 2023 Reevaluation. 
Therefore, OEA recommends that, in any decision approving the Line 
as modified in the 2020 and 2023 Reevaluations, the Board impose all 
the mitigation measures included in Appendix D of the 2023 
Reevaluation.

Attachment

[[Page 81517]]



    Project Modifications (Since the September 2020 Reevaluation) \9\
------------------------------------------------------------------------
            Project feature                Description of modification
------------------------------------------------------------------------
Segment 1 Alignment (Apple Valley to     The Project modifications
 Lenwood).                                involve relocating the rail
                                          alignment between the Victor
                                          Valley Station and Sidewinder
                                          Road from east side of the I-
                                          15 freeway to the median. As
                                          such, the entirety of the
                                          Segment 1 rail alignment is
                                          now within the I-15 freeway
                                          median, which would result in
                                          reduced impacts and increase
                                          the efficiency of train
                                          operations. This design change
                                          is also favorable with
                                          Caltrans and FHWA as it would
                                          improve constructability of
                                          potential future I-15 freeway
                                          improvements in either the
                                          northbound or southbound
                                          directions. Additionally, the
                                          Segment 1 rail alignment would
                                          be extended less than one mile
                                          south of the Victor Valley
                                          Station to access a
                                          maintenance of way track that
                                          will be constructed to move
                                          equipment from the median rail
                                          mainline to the maintenance of
                                          way facility. Construction of
                                          a median-running rail
                                          alignment in this area, south
                                          of the Dale Evans Parkway
                                          intersection, would require
                                          realignment of the existing I-
                                          15 northbound travel lanes
                                          approximately 50 feet east,
                                          and reconstruction of the Dale
                                          Evans Parkway interchange
                                          including the overpass.\10\
                                          This is discussed further
                                          under the Victor Valley
                                          Station description below.
                                          Additionally, the I-15
                                          northbound travel lanes would
                                          be elevated approximately 25
                                          feet south of the interchange
                                          to allow the maintenance of
                                          way track to pass from the
                                          median to the maintenance of
                                          way facility. All roadway work
                                          would occur within existing
                                          Caltrans/NDOT ROW.
Segment 5 Alignment (PRIMM to Sloan      Project modifications would
 Road).                                   relocate the rail alignment,
                                          between Primm and north of
                                          Goodsprings Road near Jean,
                                          from the east side of the I-15
                                          freeway to the freeway median.
                                          As such, the entirety of the
                                          Segment 5 rail alignment is
                                          now located within the I-15
                                          freeway median, which would
                                          result in reduced impacts,
                                          increase the safety and
                                          efficiency of train
                                          operations, and improve
                                          constructability for future I-
                                          15 widening in this portion of
                                          the alignment. Additionally,
                                          the previously considered
                                          Braid Structures near Primm
                                          and the Union Pacific Railroad
                                          (UPRR) crossing are no longer
                                          needed and have been removed.
Victor Valley Station (Previously        The Project design evaluated in
 Referred to as Dale Evans Station).      September 2020 considered
                                          collocating an operations,
                                          maintenance, and storage
                                          facility (OMSF) with the
                                          Victor Valley Station, with a
                                          permanent footprint of
                                          approximately 300 acres. As
                                          discussed below, the current
                                          Project modifications include
                                          a relocation of the Vehicle
                                          Maintenance Facility (VMF) to
                                          a site on the west side of I-
                                          15 in Sloan. The Victor Valley
                                          Station permanent footprint
                                          would remain unchanged. As
                                          noted above, under Segment 1,
                                          the Project Modifications
                                          include relocating the rail
                                          alignment into the median of
                                          the I-15 freeway. To
                                          accommodate this new rail
                                          alignment, the Victor Valley
                                          Station layout has been
                                          revised to include the
                                          passenger boarding and
                                          alighting platforms in the
                                          median of the I-15 freeway. In
                                          order to provide the necessary
                                          footprint and access for these
                                          platforms, the existing I-15
                                          northbound lanes would be
                                          raised and moved east within
                                          the Caltrans ROW south of the
                                          Dale Evans Parkway
                                          interchange. Passengers would
                                          access station platforms using
                                          a walkway underneath the
                                          relocated I-15 freeway
                                          northbound lanes.
Highway Ramp Realignments/Modifications  The Project design evaluated in
                                          September 2020 included
                                          realignment of portions of
                                          approximately 17 existing
                                          freeway on and off- ramps to
                                          accommodate the rail line
                                          within the I-15 freeway ROW.
                                          The current Project
                                          modifications include
                                          extending these on and off
                                          ramp realignments and ramp
                                          modifications and changing the
                                          location where these ramp
                                          realignment/reconstructions
                                          transition to the existing
                                          roadway/pavement. There are
                                          locations where these proposed
                                          freeway ramp modifications
                                          occur (from south to north):
                                            <bullet> The I-15 southbound
                                             ramps at Dale Evans
                                             Parkway.
                                            <bullet> The I-15 northbound
                                             ramps at Main Street in
                                             Barstow.
                                            <bullet> The I-15 northbound
                                             ramps and southbound ramps
                                             at East Primm Boulevard.
                                            <bullet> The I-15 southbound
                                             ramps at Goodsprings Road.
                                            <bullet> The I-15 southbound
                                             ramps at Sloan Road.
                                         These modifications would be
                                          located primarily on
                                          previously evaluated Project
                                          footprint within existing
                                          Caltrans/NDOT, and local ROW
                                          along the I-15 freeway. These
                                          modifications are the result
                                          of coordination with Caltrans
                                          and NDOT on final design
                                          details, in order to update
                                          the modified median-running
                                          alignment to adhere to current
                                          safety design standards.

[[Page 81518]]

 
California Highway Patrol (CHP)          The Project design evaluated in
 Emergency Crossovers.                    September 2020 included eight
                                          emergency crossovers along the
                                          alignment in California. The
                                          current Project modifications
                                          include two new emergency
                                          crossovers at Zzyzx Road and
                                          Halloran Springs.
                                          Additionally, five previously
                                          evaluated emergency crossovers
                                          in Segment 3 would be
                                          relocated. These are located
                                          near Coyote Lake Road, Basin
                                          Road, Baker, and both north
                                          and south of Halloran Springs.
                                          Emergency crossovers would be
                                          located mainly on previously
                                          evaluated Project footprint
                                          within the existing Caltrans
                                          ROW. In total, the modified
                                          Project would include 10
                                          emergency crossovers in
                                          California, located in Segment
                                          3 between Yermo and Mountain
                                          Pass, and one emergency
                                          crossover in Nevada
                                          approximately 1.5-miles south
                                          of Sloan.
Roadwork...............................  The Project design evaluated in
                                          September 2020 included
                                          roadwork at local interchanges
                                          and along the I-15 freeway at
                                          various locations. The current
                                          Project modifications include:
                                            <bullet> Realigning the I-15
                                             freeway northbound lane
                                             approximately 50 feet east
                                             and raising the lane
                                             approximately 25 feet, to
                                             accommodate the passenger
                                             platforms in the I-15
                                             median, tail track for
                                             train storage, a pedestrian
                                             underpass for access to/
                                             from the platforms, and a
                                             maintenance of way access
                                             track for trains. These
                                             roadwork improvements would
                                             occur along a 60-foot
                                             portion of the I-15 freeway
                                             northbound lane adjacent to
                                             the Victor Valley Station.
                                            <bullet> Additional roadwork
                                             at the Dale Evans Parkway
                                             interchange accessing the I-
                                             15 freeway southbound
                                             ramps.
                                            <bullet> I-15 freeway median
                                             widening at Segment 5 to
                                             accommodate the modified
                                             median-running alignment.
                                            <bullet> Raising of I-15
                                             southbound lanes just south
                                             of the Sloan Road
                                             interchange to allow for
                                             tracks to exit the I-15
                                             median under the southbound
                                             lanes and into the Sloan
                                             VMF site.
                                         The Project modifications also
                                          include small, on-road lane
                                          realignments along the I-15
                                          freeway at Segment 6, near
                                          Silverado Ranch Boulevard and
                                          Blue Diamond Road.
Culverts...............................  The Project design evaluated in
                                          September 2020 included
                                          drainage and culvert work
                                          throughout the Project limits.
                                          The current Project
                                          modifications include revised
                                          designs for three culverts and
                                          the addition of four culverts
                                          within Segment 5. The
                                          associated drainage and
                                          grading activities have also
                                          been modified accordingly.
Cemex Facility and Rail Connection.....  A new connection to the
                                          existing Cemex industrial rail
                                          track is proposed on the north
                                          side of Apple Valley, CA near
                                          the proposed Victor Valley
                                          Station. The connection would
                                          consist of a turnout off the
                                          existing Cemex track and
                                          approximately 2 miles of new
                                          track along the east side of I-
                                          15 freeway heading north, all
                                          within the Caltrans ROW limit.
                                          This connection would allow
                                          rail transportation of
                                          construction materials such as
                                          track ballast to the Project
                                          area. This reduces the need
                                          for trucking construction
                                          materials to the Project area.
Ivanpah Traction Power Substation        The Ivanpah modified TPSS 3-
 (TPSS).                                  mile utility line and 3.5-mile
                                          redundant utility line would
                                          travel north of the existing
                                          solar field to connect to a
                                          Southern California Edison
                                          (SCE) substation adjacent to
                                          the BrightSource Ivanpah
                                          Electrical Generating System,
                                          west of the I-15 freeway,
                                          resulting in the reduction of
                                          approximately 0.18 acres of
                                          permanent footprint. These
                                          modifications are the result
                                          of coordination with SCE, BLM
                                          and USFWS.
California Maintenance Of Way (MOW)      The Project design evaluated in
 Facility.                                September 2020 considered the
                                          relocation of the California
                                          MOW Facility from Baker,
                                          California, to the I-15
                                          freeway median approximately
                                          six miles south of the
                                          California/Nevada state line,
                                          adjacent to the existing
                                          California Agricultural
                                          Inspection Station (CAIS). The
                                          25-acre facility was proposed
                                          to be utilized for passive
                                          equipment storage. The MOW is
                                          no longer located adjacent to
                                          the CAIS and will be divided
                                          between the new site at Sloan
                                          and the Victor Valley Station
                                          area.

[[Page 81519]]

 
Sloan Vehicle Maintenance Facility       The Project design evaluated in
 (VMF).                                   the DesertXpress EIS included
                                          an OMSF in close proximity to
                                          the original Victorville
                                          Station west of the I-15
                                          freeway and included
                                          facilities for maintaining and
                                          storing trains. Project
                                          modifications evaluated in
                                          2020 included relocating the
                                          Victorville Station to the
                                          south side of the I-15 freeway
                                          at Dale Evans Parkway in Apple
                                          Valley. At that time, it was
                                          proposed the OMSF would be
                                          collocated with the
                                          Victorville Station, and a
                                          separate location for vehicle
                                          maintenance and storage had
                                          not been identified. The
                                          current Project modifications
                                          include locating the vehicle
                                          maintenance and storage
                                          activities at a site located
                                          in Segment 6 west of and
                                          within 1.5 miles of the I-15
                                          freeway, and south of Sloan
                                          Road; the Victor Valley
                                          Station permanent footprint
                                          would remain unchanged. An
                                          additional freight track
                                          corridor will be constructed
                                          to connect the VMF to the
                                          adjacent UPRR. Brightline West
                                          have filed a connection
                                          request and are coordinating
                                          with UPRR regarding the
                                          connection design and
                                          operational concepts. UPRR
                                          have granted preliminary
                                          approval of this rail
                                          connection, which would be
                                          subject to additional design
                                          development. The Sloan VMF and
                                          adjacent UPRR connection would
                                          require 246 acres of permanent
                                          footprint and 105 acres of
                                          temporary footprint,6 and
                                          includes:
                                            <bullet> Storage and staging
                                             tracks and overhead
                                             catenary system from which
                                             trains would be mobilized
                                             for daily operations.
                                            <bullet> Equipment and
                                             operations associated with
                                             the Sloan VMF, including
                                             but not limited to a train
                                             car wash station, a train
                                             performance monitoring
                                             station, an Operations
                                             Control Center, a power
                                             substation and distribution
                                             lines, utility connections,
                                             circulation system, site
                                             control, fencing, and
                                             parking.
                                         The Sloan VMF will be a
                                          permanent workplace for
                                          approximately 100 employees
                                          related to either the
                                          maintenance of the Brightline
                                          West train fleet or performing
                                          other functions such as
                                          driving the trains. These
                                          facilities would be located on
                                          land under BLM jurisdiction
                                          and would therefore require a
                                          ROW grant lease from BLM.
Temporary Construction Areas (TCAS)....  TCAs are areas that would be
                                          utilized for construction
                                          staging and storage. No
                                          permanent project features
                                          would be installed in these
                                          areas, and they would be
                                          restored/vacated upon
                                          completion of construction.
                                          The modified Project includes
                                          an additional 202 TCAs located
                                          within Caltrans/NDOT ROW along
                                          the I-15 freeway corridor for
                                          construction of the rail
                                          alignment. These are in
                                          addition to TCAs previously
                                          identified in the original
                                          project description and the
                                          September 2020 Reevaluation.
                                          Most of these additional TCAs
                                          are areas located within the
                                          existing I-15 freeway ROW. The
                                          addition of these TCAs adds
                                          1,492 acres of temporary
                                          footprint to the project \11\
                                          The Sloan VMF facility
                                          footprint includes 105 acres
                                          of temporary footprint
                                          required for constructing the
                                          Sloan VMF and UPRR Connection.
------------------------------------------------------------------------
\9\ Brightline West Victor Valley, CA to Las Vegas, NV High-Speed Rail
  Project Reevaluation (September 15, 2023) pgs. 4-7.
\10\ This Reevaluation has assumed full reconstruction and replacement
  of the overpass. Caltrans will determine the necessary modifications
  to the I-15/Dale Evans interchange which may not include full
  reconstruction and replacement of the overpass.
\11\ As more of the alignment has been shifted to be within the I-15
  freeway median, additional TCAs are proposed since room for
  construction within the I-15 freeway median is more limited and needs
  to be spread out throughout the alignment.

[FR Doc. 2023-25789 Filed 11-21-23; 8:45 am]
BILLING CODE 4915-01-P