(2) in subsection (c), by striking ‘‘, and may es-
tablish a corporation, which may be owned or joint-
ly-owned by Amtrak, participating States, or other 
entities, to perform these functions’’; and 
(3) in subsection (e), by striking ‘‘and estab-
lishing a jointly-owned corporation to manage that 
equipment’’. 
TITLE IV—PROJECT DELIVERY 
SEC. 401. PROJECT DELIVERY RULEMAKING. 
(a) RULEMAKING.—Not later than 1 year after the 
date of enactment of this Act, the Secretary shall begin 
a rulemaking to govern the Federal review, permitting, 
and approval or disapproval of— 
(1) freight railroad and intercity rail passenger 
transportation infrastructure projects, including 
those that are carried out or planned to be carried 
out with the use of Federal funds administered by 
the Department of Transportation through a grant, 
contract, loan, or other financing instrument; and 
(2) commuter rail passenger transportation (as 
defined in section 24102(3) of title 49, United 
States Code) infrastructure projects that are funded 
in whole or in part through a direct loan or loan 
guarantee under title V of the Railroad Revitaliza-
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tion and Regulatory Reform Act of 1976 (45 U.S.C. 
801 et seq.). 
(b) DEADLINE.—The Secretary shall complete the 
rulemaking required under subsection (a) not later than 
2 years after the date of enactment of this Act. 
(c) REQUIREMENTS
AND
CONSIDERATIONS.—The 
rulemaking under subsection (a) shall include procedures 
that— 
(1) reduce the aggregate time for review and 
permitting of infrastructure projects described under 
subsection (a) while preserving existing statutory re-
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 
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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— 
(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-
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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-
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; 
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(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) 
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 C.F.R. 800.14) 
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to promote a consistent approach in the treatment 
of railroad and rail-related properties for historic 
preservation review under section 106 of the Na-
tional 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— 
(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 C.F.R. 
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 C.F.R. 774); and 
(2) take into account, at a minimum— 
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(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; 
(D) management of railroad and rail-re-
lated properties that include both historic and 
non-historic components; 
(E) integration of reviews under section 
106 of the National Historic Preservation Act, 
reviews under section 303 of title 49, United 
States Code, and environmental reviews; and 
(F) consistency in treatment of railroads 
nationwide for historic preservation purposes. 
TITLE V—MISCELLANEOUS 
SEC. 501. DEFINITION. 
For purposes of this Act, the term ‘‘Secretary’’ 
means the Secretary of Transportation. 
SEC. 502. TITLE 49 DEFINITIONS. 
(a) TITLE 49 AMENDMENTS.—Section 24102 of title 
49, United States Code, is amended— 
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(1) by redesignating paragraphs (5) through 
(9) as paragraphs (7) through (11), respectively; 
(2) by inserting after paragraph (4) the fol-
lowing new paragraphs: 
‘‘(5) ‘long-distance route’ means a route de-
scribed in subparagraph (C) of paragraph (7). 
‘‘(6) ‘National Network’ includes long-distance 
routes and State-supported routes.’’; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(12) ‘state-of-good-repair’ means a condition 
in which physical assets, both individually and as a 
system, are— 
‘‘(A) performing at a level at least equal to 
that called for in their as-built or as-modified 
design specification during any period when the 
life cycle cost of maintaining the assets is lower 
than the cost of replacing them; and 
‘‘(B) sustained through regular mainte-
nance and replacement programs. 
‘‘(13) ‘State-supported route’ means a route de-
scribed in subparagraph (B) or (D) of paragraph 
(7), or in section 24702, that is operated by Amtrak, 
excluding those trains operated by Amtrak on the 
routes described in paragraph (7)(A).’’. 
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(b) CONFORMING AMENDMENTS.— 
(1) TITLE 49 AMENDMENT.—Section 24711 of 
title 49, United States Code, is amended by striking 
‘‘24102(5)’’ and inserting ‘‘24102(7)’’. 
(2) PASSENGER
RAIL
INVESTMENT
AND
IM-
PROVEMENT ACT AMENDMENT.—Section 217 of the 
Passenger Rail Investment and Improvement Act of 
2008 (49 U.S.C. 24702 note) is amended by striking 
‘‘24102(5)(D)’’ and inserting ‘‘24102(7)(D)’’. 
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Union Calendar No. 469 
113TH CONGRESS 
2D SESSION 
H. R. 5449 
[Report No. 113–629] 
A BILL 
To reauthorize Federal support for passenger rail 
programs, and for other purposes. 
DECEMBER 1, 2014 
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed 
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