HomeMy WebLinkAboutFRA Cooperating Agency ResponseIQ)
U.S. Department
of Transportation
Federal Railroad
Administration
RN N 1 1 2014
Mr. Joseph Griffin
City Manager
1225 Main Street
Sebastian, FL 32958
Dear Mr. Griffin:
RECEIVED
City Manager's Office
JUN 16 2014
1200 New Jersey Avenue, SE
Washington, DC 20590
Thank you for your May 13, 2014 letter, requesting that the Federal Railroad Administration
(FRA) designate the City of Sebastian, Florida a Cooperating Agency in the preparation of
the Environmental Impact Statement (EIS) for the All Aboard Florida Miami to Orlando
Passenger Rail Service Project (Project).
Under the National Environmental Policy Act (NEPA), Federal agencies responsible for
preparing NEPA analyses do so "in cooperation with State and local governments" and other
agencies with jurisdiction by law or special expertise (42 U.S.C. §§ 4331(a), 4332(2)). In its
regulations implementing NEPA, the Council on Environmental Quality reinforces that
standard but clarifies that State or local agencies may become Cooperating Agencies only
"by agreement with the lead agency" (40 CFR 1501.6).
FRA reviewed the City's request and decided to decline to designate the City as a
Cooperating Agency in the preparation of the EIS for the Project. Such designation happens
only when there is clear jurisdiction by law or special expertise that is essential to the NEPA
process. The letter does not specify how the City has jurisdiction by law over an aspect of
the Project, nor what special expertise the City would provide during the NEPA process.
Moreover, over a year has passed since FRA initiated the EIS process, and we have been very
actively engaged in receiving input from parties such as the City, and in developing the Draft
EIS. FRA anticipates publishing the Draft EIS in the next six weeks.
Once the Draft EIS is published, the public involvement process will begin, and the City will
have ample opportunity to submit comments on the Draft EIS. FRA is encouraging all
interested parties to submit comments on the EIS. For details on how to do so, please visit
the Project page on FRA's website at http://www.fra.dot.aov/Page/P0672 after the Draft EIS
is published.
Sincerely,
David Valenstein
Chief, Planning and Environment Division