HR 749 RFS 
quirements for public comment or assessing the im-
pact of a proposed project; 
(2) institutionalize or expand best practices or 
process improvements that agencies are already im-
plementing to improve the efficiency of reviews; 
(3) identify high-performance attributes of in-
frastructure projects described under subsection (a) 
that demonstrate how projects seek to advance exist-
ing statutory and policy objectives, thereby facili-
tating a more efficient review and permitting proc-
ess; 
(4) create a process to invite Federal agencies 
and State, local, and tribal governments to partici-
pate in the review process, expand coordination with 
such agencies and governments, and require the 
identification as early as practicable in the process 
of any— 
(A) Federal agency or State, local, or trib-
al government with jurisdiction over the project 
or required by law to conduct or issue a review 
or make a determination with regard to the 
project; and 
(B) review, analysis, opinion, and permit, 
license, or approval required for the project; 
(5) create process efficiencies, including— 
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(A) designating Federal agencies and 
State, local, and tribal governments as cooper-
ating and participating agencies; 
(B) conducting concurrent and integrated 
reviews, analyses, opinions, and permits, li-
censes, or approvals to the maximum extent 
practicable; 
(C) establishing timelines, in coordination 
with affected Federal agencies, for completion 
of those reviews, analyses, opinions, and per-
mits, licenses, or approvals; 
(D) developing a coordination plan and 
schedule, in coordination with affected Federal 
agencies, for participation in the review by Fed-
eral agencies, State, local, and tribal govern-
ments, and the public; and 
(E) implementing a process to effectively 
identify and resolve issues that may affect com-
pletion of reviews in a timely manner; 
(6) effectively engage the public and interested 
stakeholders as early in the review process as pos-
sible; 
(7) include opportunities to use existing share- 
in-cost authorities and other nonappropriated fund-
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ing sources to support early coordination and project 
review; 
(8) expand the use of information technology 
tools and identify priority areas for information 
technology investment to replace paperwork proc-
esses, enhance effective project siting decisions, en-
hance interagency collaboration, and improve the 
monitoring of project impacts and mitigation com-
mitments; 
(9) ensure that documents developed under the 
procedures are adopted and used by other Federal 
agencies, and State, local, and tribal governments, to 
the maximum extent practicable, to eliminate redun-
dancy and duplicative reviews; 
(10) include improvements to mitigation policies 
to provide added predictability, facilitate landscape- 
scale mitigation based on conservation plans and re-
gional environmental assessments, facilitate inter-
agency mitigation plans where appropriate, ensure 
accountability and long-term effectiveness of mitiga-
tion activities, and utilize innovative mechanisms 
where appropriate; and 
(11) develop a process for periodically consid-
ering expansion of categorical exclusions for infra-
structure projects described under subsection (a) 
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that conform to those of other modal administra-
tions. 
SEC. 402. HISTORIC PRESERVATION OF RAILROADS. 
(a) IN GENERAL.—Not later than 12 months after 
the date of enactment of this Act, the Secretary, in con-
sultation with appropriate Federal agencies, including the 
Advisory Council on Historic Preservation, the National 
Conference of State Historic Preservation Officers, the 
National Association of Tribal Historic Preservation Offi-
cers, and nongovernmental stakeholders representing the 
railroad industry and historic preservation concerns, 
shall— 
(1) administratively pursue program alter-
natives (as that term is used in 36 CFR 800.14) to 
promote a consistent approach in the treatment of 
railroad and rail-related properties for historic pres-
ervation review under section 106 of the National 
Historic Preservation Act (16 U.S.C. 470f); and 
(2) develop mechanisms for streamlining com-
pliance with the requirements of section 303 of title 
49, United States Code, for railroad and rail-related 
properties. 
(b) CONSIDERATIONS.—In carrying out subsection 
(a), the Secretary shall— 
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(1) consider, among other options, the develop-
ment of— 
(A) programmatic agreements, program 
comments, 
exempted 
categories 
of 
under-
takings, and guidance for historic reviews under 
section 106 of the National Historic Preserva-
tion Act (as those terms are used in 36 CFR 
800.14); and 
(B) programmatic evaluations, de minimis 
impact determinations, and regulatory guidance 
for reviews under section 303 of title 49, 
United States Code (as those terms are used in 
23 CFR 774); and 
(2) take into account, at a minimum— 
(A) maintenance and repair of railroad and 
rail-related property; 
(B) repair and replacement of bridges, 
structures, or facilities in a like-for-like manner, 
or when the bridge, structure, or facility is not 
a contributing element of a historic district; 
(C) safety-related projects, including in-
stallation, maintenance, and repair of positive 
train control systems; 
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