[Federal Register Volume 69, Number 122 (Friday, June 25, 2004)]
[Notices]
[Pages 35698-35703]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14468]


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DEPARTMENT OF STATE

[Public Notice 4750]


Finding of No Significant Impact and Summary Environmental 
Assessment; Brownsville/Matamoros West Rail Relocation Project--Cameron 
County, TX

    The proposed action is to issue a Presidential Permit to Cameron 
County, Texas (the ``Sponsor''), for the Brownsville/Matamoros West 
Rail

[[Page 35699]]

Relocation Project (``West Rail Project''), which will include the 
construction, operation and maintenance of an international rail bridge 
across the Rio Grande River from Brownsville, Texas to Matamoros, 
Mexico.

I. Background

    The Department of State is charged with the issuance of 
Presidential Permits for the construction of international bridges 
between the United States and Mexico under the International Bridge Act 
of 1972, 33 U.S.C. 535 et. seq., and Executive Order 11423, 33 FR 11741 
(1968), as amended by Executive Order 12847 of May 17, 1993, 58 FR 
29511 (1993), Executive Order 13284 of January 23, 2003, 68 FR 4075 
(2003), and Executive Order 13337 of April 30, 2004, 69 FR 25299 
(2004).
    A draft environmental assessment of the proposed West Rail Project 
was prepared by Raba-Kistner Consultants, Inc. and HNTB, Inc. on behalf 
of the Presidential Permit applicant, Cameron County, Texas, under the 
guidance and supervision of the U.S. Department of State (the 
``Department''). The Department placed a notice in the Federal Register 
(68 FR 141 (July 23, 2003)) regarding the availability for inspection 
of Cameron County's permit application and related documents. No 
comments were received in response to this notice.
    Consistent with its regulations for the implementation of the 
National Environmental Policy Act (``NEPA'') and in the context of its 
responsibilities with respect to Presidential permits, the Department 
has conducted its own, independent review of the draft environmental 
assessment. Numerous Federal and non-federal agencies have also 
independently reviewed the draft environmental assessment, offered 
comments and/or qualifications, and approved or accepted the draft 
environmental assessment. These ``cooperating agencies'' are: the 
Department of Commerce, the Department of Defense (U.S. Army Corps of 
Engineers), the Department of Homeland Security (Bureau of Customs and 
Border Protection, the Federal Emergency Management Agency, and the 
United States Coast Guard), the Department of Health and Human Services 
(Food and Drug Administration), the Department of the Interior (Fish 
and Wildlife Service), the Department of Justice, the Department of 
Transportation (the Surface Transportation Board, Federal Highway 
Administration, Federal Railway Administration), the Department of 
State, the Environmental Protection Agency, the Council of 
Environmental Quality, the General Services Administration, the 
International Boundary and Water Commission, the State of Texas, Texas 
Parks and Wildlife Department, the Texas Historical Commission, and the 
Texas Commission on Environmental Quality. All comments received by 
these cooperating agencies were responded to directly by the Sponsor or 
Raba-Kistner Consultants, Inc., including by expanding the analysis 
contained in the draft environmental assessment and/or through the 
development of appropriate mitigation measures.
    The Sponsor has worked closely with the Federal and state agencies 
that have participated in the environmental assessment to address their 
concerns about the possible environmental impacts of this project. The 
results of Cameron County's meetings and other contacts with agencies 
were recorded in correspondence and described in the draft 
environmental assessment and addenda. After examining six alternatives 
rail routes, Cameron County ultimately proposed the preferred alignment 
that sought to minimize direct and indirect impacts to the human 
environment and that represented lower design and construction costs. 
The draft environmental assessment, as amended and supplemented, 
together with the comments submitted by Federal and state agencies, 
responses to these comments, and all correspondence between the 
agencies and the Sponsor addressing the agencies' concerns, constitute 
the final environmental assessment.
    Based on the final environmental assessment, including mitigation 
measures that Cameron County has or is prepared to undertake, 
information developed during the review of Cameron County's application 
and comments received from Federal and state agencies, and the 
Department's independent review of that assessment, the Department has 
concluded that issuance of the Presidential Permit authorizing 
construction, operation and maintenance of the West Rail Bypass and 
international railway bridge would not have a significant impact on the 
quality of the human environment within the United States. Accordingly, 
a Finding of No Significant Impact (``FONSI'') is adopted and an 
environmental impact statement will not be prepared, in accordance with 
the National Environmental Policy Act, 42 U.S.C. 4321 et seq., Council 
of Environmental Quality Regulations, 40 CFR 1501.4 and 1508.13, and 
with Department of State Regulations, 22 CFR 161.8(c).

II. Summary Environmental Assessment

A. The Proposed Project

    Cameron County, Texas has applied to the Department for a 
Presidential permit authorizing the relocation of the Union Pacific 
Railroad (UPRR) line approximately 6 miles west of the City of 
Brownsville, Texas and the construction of a new international rail 
bridge approximately 15 river miles upstream of an existing rail 
bridge, which together constitute the West Rail Relocation Project. A 
single rail line will be constructed from the existing rail junction 
adjacent to U.S. Highway 77/83 and run to the Rio Grande River. It will 
claim a minimum right of way of 100 feet. Union Pacific Railroad (UPRR) 
will assume control of the new rail line once construction has been 
completed. UPRR will maintain operating rights to the new rail line in 
the United States. It is anticipated that, upon completion of the 
project, the Sponsor will request the Department of State to transfer 
the permit to the B&M Bridge Company, which will take over ownership of 
the U.S. portion of the international rail bridge.
    The West Rail project involves the construction of a new 
international rail bridge that will pass over International Boundary 
and Water Commission (IBWC) levees and the Rio Grande River and into 
Matamoros, Tamaulipas, Mexico. The single-track bridge will span the 
Rio Grande River's floodway located between the flood control levees of 
the U.S. and Mexican sections of land managed by the IBWC. The proposed 
bridge will be located approximately at Rio Grande River Mile 71.7 and 
have a total span of 2,940 linear feet. The length of the U.S. portion 
of the bridge is approximately 840 feet. The bridge design will include 
a vertical clearance above the levees in accordance with IBWC 
requirements.
    The rail bridge design, structure, and construction will adhere to 
UPRR engineering standards. An approach embankment will terminate at 
the north right of way of U.S. Highway 281and tie into the abutment of 
the international rail bridge. The bridge will cross U.S. Highway 281 
at a minimum elevation of 16.5 feet and continue over the IBWC levee 
and the Rio Grande River. Provisions for future widening of U.S. 
Highway 281 will be included in the design. A geotechnical study will 
determine the necessary bridge foundations and spacing of the columns 
for each pier. Schematics reflect the design flood elevation based on a 
flood flow of 20,000 cubic feet per second for this reach of the river. 
In addition, an 8

[[Page 35700]]

feet 3 inch, curved, chain-linked fence will be constructed at the 
edges of the bridge's superstructure to prevent pedestrian falls and 
illegal immigration. There will be no illumination under the bridge. 
Gate controls across the bridge will also be included. Land areas below 
the bridge will be replanted according to United States Fish and 
Wildlife Service (USFWS) specifications.
    The engineering design phase will include hydraulic studies of the 
Rio Grande River that will be completed upon the issuance of a 
Presidential Permit. The hydraulic studies will assess the hydraulic 
impact of the bridge on the river flow and the impact of a potential 
relocation of the levee in Mexico to a location nearer to the river and 
will be presented to the U.S. and Mexican sections of the IBWC for 
review.
    As the project involves the construction of an international rail 
bridge, the Department of Homeland Security has been consulted 
regarding border control and inspection needs. The Department of 
Homeland Security and the General Services Administration have outlined 
guidelines for the construction of all facilities related to the West 
Rail project, and Cameron County has agreed to adhere to the criteria 
in these guidelines.
    The West Rail Project offers several advantages to communities of 
Brownsville and throughout Cameron County, which include improvements 
to the general human environment:
     Removal of the existing rail system from residential and 
downtown areas of Brownsville and Matamoros, thereby improving safety 
and reducing congestion and noise.
     Elimination of at-grade road crossings, reducing air 
pollution from vehicles idling while awaiting passage of trains.
     Creation of improved transportation corridors to handle 
traffic volumes more efficiently and allow for the redevelopment of the 
city's downtown area.
     Greater competitiveness, given the reduction in rail 
freight travel time between Brownsville and Monterrey, Mexico by 
approximately 2\1/2\ hours and the elimination of heavy traffic 
conditions at peak travel times.
     Facilitation of expected economic growth in the 
Brownsville area.
     Reduction in the community's immediate exposure to 
potential derailment-related Hazmat accidents and railcar explosions.

B. Alternatives Considered

    In its review, the Department considered 6 alternatives described 
in detail in the draft environmental assessment and in a summary 
fashion below:
    1. (The Project) Originates at the rail intersection adjacent to 
U.S. Highway 77/83, proceeds west, just north of the Resaca de la Palma 
wildlife refuge, turns south, passing 2,000 feet west of the World 
Birding Center, and crosses U.S. Highway 281 and the Rio Grande River.
    2. Originates at the rail intersection adjacent to U.S. Highway 77/
83, proceeds west, circumnavigating the Resaca de la Palma wildlife 
refuge further to the north than Alternative 1. The route then turns 
south, passing 2,000 feet west of the World Birding Center and crosses 
U.S. Highway 281 and the Rio Grande River.
    3. Originates at the rail intersection adjacent to U.S. Highway 77/
83 and continues west, north of the Resaca de la Palma wildlife refuge, 
proceeds an additional 3 miles, then turns south, crossing U.S. Highway 
281 and the Rio Grande River.
    4. (a), (b). Both Alternatives 4a and 4b originate at the rail 
intersection adjacent to U.S. Highway 77/83 and proceed south between 
the Resaca de la Palma refuge and the Cameron County Irrigation 
District Main Reservoir. At this point, Alternative 4a continues over 
U.S. Highway 281 and the Rio Grande River. Alternative 4b turns and 
proceeds west, south of the World Birding Center, along the same 
alignment as Alternative 1, crossing U.S. Highway 281 and the Rio 
Grande River.
    5. Originates at the rail intersection adjacent to U.S. Highway 77 
and proceeds north to the town of Rancho Viejo using existing rail 
lines. North of Rancho Viejo, the route turns southwest, then due 
south, and proceeds across U.S. Highway 281 and the Rio Grande River. 
This route abuts the western boundary of the World Birding Center.
    6. The ``No Build'' Alternative: The international rail bridge is a 
common design element to all of the considered alternatives, other than 
the ``No Build'' alternative.
    Alternative 2 was viewed as not preferred because it required 
approximately 51 additional acres of prime farmland. It would further 
require two grade separations for the future Merryman Road, a major 
street on the Brownsville thoroughfare plan.
    Alternative 3 was viewed as not preferred because it would require 
the acquisition of additional acreage of prime farmlands (approximate 
96 acres), a grade separation at the future FM 1421, a skewed overpass 
crossing at U.S. Highway 281, increased international bridge length 
(total of 0.19 miles), the displacement of 4-5 residential structures, 
the bisection of a residential community, and the location of 132 
residences within 1,000 feet of the proposed rail line.
    Both Alternatives 4a and 4b were viewed as not preferred for the 
reasons stated below. Alternative 4a, with a railroad embankment on the 
west side of the Cameron Country Irrigation District main reservoir, 
would require, at minimum, sheet pilings along the west side of the 
reservoir for approximately 2,100 linear feet. A geotechnical analysis 
may reflect the need to complete bridging along a greater section of 
the reservoir. The pilings, estimated to reach depths of 50 feet below 
grade surface, would add costs of approximately $3.15 million to the 
project in addition to the costs of installing the embankment, ballast, 
and rail tracks. The alignment would continue south across U.S. Highway 
281 and bisect the Riverbend Subdivision and the Villa Nueva Community. 
The U.S. Highway 281 overpass would add approximately $5 million, 
according to the Texas Department of Transportation. From U.S. Highway 
281 the rail line would proceed with a vertical rise of 15 feet over 
the IBWC levee and remain elevated across the floodway leading to the 
Rio Grande River. This segment across the floodway would add 
approximately $12 million. Construction of this alternative would 
encroach on the eastern boundary of the World Birding Center. The Texas 
Parks and Wildlife Department (TPWD) has opposed this route.
    Alternative 4b would require, at minimum, sheet pilings along the 
west side of the Cameron Country Irrigation District main reservoir for 
approximately 2,100 linear feet. A geotechnical analysis may reflect 
the need to complete bridging along a greater section of the reservoir. 
The pilings, estimated to reach depths of 50 feet below grade surface, 
would add costs of approximately $3.15 million to the project in 
addition to the cost of installing the embankment, ballast, and rail 
tracks. Rail bridges over U.S. Highway 281 and New Carmen Road would 
include approximately 2,750 feet of additional railroad bridge compared 
to Alternative 1 at an additional cost of $5.5 million. The 
international rail bridge between the IBWC levee and the river would be 
the same as that constructed under Alternative 1. An additional bridge 
may be required for the Resaca crossing south of the Las Palmas 
Wildlife Management Area.

[[Page 35701]]

Construction of this alternative would also encroach on the eastern 
boundary of the World Birding Center. The TPWD has opposed Alternative 
4b. Cameron County identifies another major difficulty with this 
alternative is the diagonal crossing of privately owned land parcels 
between U.S. Highway 281 and the wildlife management area.
    Alternative 5 was not viewed as a preferred alternative because it 
would involve increased travel time of trains from one switching yard 
to another, required construction of two more overpasses, and would 
bring the rail line with 1,000 feet of a significant number of homes.
    Alternative 6, the ``No Build'' alternative, would leave the 
existing rail system in place and achieve none of the described project 
objectives. Potential industrial and commercial growth associated with 
the West Rail Project would be curbed as the area would lack a safer, 
more direct route to the major transportation corridor. At-grade rail/
roadway safety crossing issues would remain, as would traffic delays 
and idling times for traffic and their associated emissions. Such 
emissions are currently contributing to the degradation of air quality. 
Train noise in the downtown Brownsville area would persist.
    None of the above alternatives provided avoidance or mitigation of 
any of the unavoidable impacts attributable to the selected project, 
and in addition, created higher costs in terms of land usage and 
overall costs. For this reason, the Department concluded that these 
options were not preferred alternatives.

III. Summary of the Assessment of the Potential Environment Impacts 
Resulting From the Proposed Action

    The final environmental assessment provides detailed information on 
the environmental effects of the construction and use of the 
alternatives described above, including the proposed project. The 
proposed project was determined to be the preferred alternative, in 
view of the lower construction costs and the low extent of community 
and environmental impact as compared to the other alternatives.
    On the basis of the final environmental assessment, the Department 
reached the following conclusions on the impact of construction of the 
railway bypass and bridge at the proposed location:
    Farmlands: The proposed project requires the acquisition of 
approximately 46 acres of farmland that may be considered prime 
farmland under the Farmland Protection Policy Act, 7 U.S.C. 4201, et 
seq. The amount of farmland acquired does not include acreage to be 
negotiated with the USFWS for the construction of a buffer zone north 
of the World Birding Center, the dimensions of which have been 
determined through consultation with the U.S. Fish and Wildlife 
Service. The proposed project requires one at-grade crossing at New 
Carmen Road. Right-of-way at this crossing will be secured by Cameron 
County, should an overpass at this the site be desired in the future.
    Wetlands: Given appropriate mitigation measures agreed to by the 
Sponsor and coordination with appropriate Federal and state agencies, 
the Department expects the proposed project's impact on wetland areas 
to be negligible. Specific wetland impacts will be influenced by the 
final bridge design selected for the several areas where the relocation 
project will traverse waterways, such as the Resaca del Rancho Viejo, 
Resaca de la Palma, and the Rio Grande. All wetland issues will be 
coordinated with the appropriate federal and state agencies, as 
outlined below. The construction plans will include a storm water 
runoff protection plan to eliminate the introduction of exotic weedy 
species. Much of the proposed route, according to the National Wetlands 
Inventory (NWI), falls within upland agricultural areas. The final 
environmental assessment estimates a total of 0.33 acres of wetlands 
will be impacted by this project.
    The project crosses two resacas (Resaca del Rancho Viejo and Resaca 
de la Palma). Both are normally filled with water and may fall under 
the jurisdiction of the U.S. Army Corps of Engineers (USACE). The 
project will also cross various drainage and irrigation ditches. As 
described in the final environmental assessment, wetland delineation 
will be conducted as necessary in support of a Section 404 permit 
issued pursuant to the Clean Water Act, 33 U.S.C. 1251, et seq., in 
accordance with USACE and Department of the Army specifications.
    As the project enters the engineering design phase, mitigation 
measures regarding the impact on vegetative and aquatic habitats 
falling within the project area--such as affected areas of the Resaca 
Rancho Viejo and Resaca de la Palma--will be developed. This step will 
involve coordination with the U.S. Army Corps of Engineers, the U.S. 
Fish and Wildlife Service, and the Texas Parks and Wildlife Department 
to not only protect defined jurisdictional wetlands but also to secure 
necessary permits for crossing these areas.
    Floodplains, Floods, and the River Channel: While the rail line and 
international bridge will cross portions of an identified 100-year 
shallow floodplain, negative impacts to the floodplain are not 
expected.
    The design for the international rail bridge requires a 15 feet 
elevation above the floodplain of the Rio Grande River with bents 
located in the floodplain itself. The bents are not expected to impede 
the free flow of floodwater within the river or its levees. Flood 
levels should remain unchanged.
    The railway approach to the international bridge will be at grade 
level. The design is anticipated to include free flow box culverts and/
or bridges at resacas and irrigation crossings. These features should 
not impede the free flow of floodwaters. The design will include proper 
slope drainage and free flow of waters off the railway surface to be 
directed toward natural drainage gradients.
    The project is not expected to require dredging, tunneling, or 
trenching. Should the design call for the installation of bridge bents 
in the river's channel, a temporary cofferdam may be used. Once the 
bent installation is finished, all non-native materials in the channel 
will be promptly removed.
    Air Quality: While project-related activities, which may include, 
but are not limited to, construction, demolition, repair, or 
rehabilitation, are expected to create higher levels of dust and 
airborne particles and involve additional exhaust emitted from 
machinery and trucks, these impacts are expected to only be short-term 
and should pose no significant impact upon general air quality. 
Moreover, the project will include best management practices (BMP) to 
mitigate fugitive dust emissions throughout the construction process. 
For dust control, timely application of water will be used as 
necessary, or as excessive emissions are produced.
    The West Rail Project lies within the Brownsville-Laredo Intrastate 
Air Quality Control Region (AQCR 213), which is in attainment of 
National Air Quality Standard air pollutants. Therefore, the Texas 
Commission on Environment Quality (TCEQ) in a letter dated March 21, 
2003 contained in Appendix D of the Environmental Assessment indicated 
that no special measures need to be taken in regards to this project 
other than standard dust mitigation techniques by the construction 
contractors.
    Listed, Threatened, and Endangered Species: Several listed and 
endangered species could potentially be impacted by the project. To 
mitigate these impacts, the Department expects the Sponsor to comply 
with a series of

[[Page 35702]]

recommendations from the USFWS and the TPWD.
    Two species of federally protected cats, the ocelot and the 
jaguarundi, are found in the general project region along with one bird 
species, the Northern aplomado falcon, and two plant species, the Texas 
Ayenia and the South Texas Ambrosia. Surveys of the project site, 
however, found that vegetation there is less dense than in areas 
typically occupied by those species. Therefore, their regular presence 
within the immediate project area is considered unlikely. In addition 
to federally listed species, 15 state-listed, threatened, or endangered 
species may use portions of the project route because of the presence 
of potentially suitable habitat.
    In letters contained in Appendix C of the environmental assessment 
and in subsequent correspondence, the USFWS and TPWD made a number of 
recommendations with which Cameron County has agreed to comply. These 
include replanting with native species disturbed areas of vegetation 
and trees, fulfillment of the World Birding Center Revegetation 
Mitigation Plan (Appendix L of the draft Environmental Assessment), a 
monitoring program with annual reports to USFWS on fulfillment of 
Revegetation Mitigation Plan, use of specific train operating 
procedures to minimize train noise, and ownership by Cameron County in 
perpetuity of the buffer zones and Right of Ways for the rail line and 
placement in the deeds for these areas restricted conditions regarding 
future clearing, construction and development. Additionally a qualified 
biologist, as provided for in the draft environmental assessment, will 
survey the project area prior to construction to determine if state and 
federally-listed, threatened, or endangered species are present. If 
encountered, these species will be relocated to avoid any direct 
impact. Record of exotic species removed from the area will be 
documented, as requested by the Texas Parks and Wildlife Department. In 
light of the Migratory Bird Treaty Act and population decline of many 
migratory bird species, the Department expects that precautions will be 
taken throughout the construction process to avoid or minimize the loss 
of critical vegetation during migratory bird's general nesting season 
from March through September. In conformance with the Act, a survey 
will be conducted to identify nesting sites and species prior to 
construction near the Resaca de la Palma refuge, thus avoiding 
inadvertent destruction of nests, eggs, etc.
    Habitat and Vegetation: The construction phase will cause some loss 
of habitat and clearing of vegetation. Approximately 18 acres of wooded 
and scrub vegetation will be cleared, particularly along the Resaca de 
la Palma wildlife refuge where mature mesquite, huisache, and spiny 
hackberry trees will be removed throughout the 100 feet right of way. 
The use of defoliating agents and/or herbicides is not anticipated.
    Cameron County, throughout the project, has coordinated closely 
with USFWS and TPWD on the re-vegetation of disturbed areas. As a 
consequence, mitigation efforts will include the revegetation of areas 
along the project route and the creation of a buffer zone between the 
railway and the Resaca de la Palma refuge. North of the refuge, the 
County will implement the ``World Birding Center Revegetation 
Mitigation Plan, Appendix L of the draft environmental assessment, to 
minimize noise and visual impacts and create further bio-diversity in 
regards to the future World Birding Center. This plan calls for the 
creation of a 13-acre mitigation area sited 30 ft north of Lower Rio 
Grande National Wildlife Refuge (LRGV-NWR). This mitigation area will 
include approximately a 6.5-acre vegetative area and an approximately 
6.5 acre clear zone. The Mitigation Plan seeks to increase diversity in 
the current cultivated land by the addition of woody deciduous tree and 
shrub diversity, and improve the visual aesthetics of the project and 
reduce its noise impact. The area encompassed by the mitigation plan 
and the railway right-of-way will remain under the ownership of Cameron 
County, and that deed restriction as far as clearing, construction and 
future development will be filed with the County Clerk to remain in 
perpetuity.
    Potential Land Use Conflicts: The Department examined long- and 
short-term concerns relating to land use and determined that the 
project will be consistent with defined land usage. The proposed 
project requires the least acreage and minimizes impact to the land, 
compared to other alternatives, and largely avoids community and 
residential areas. The draft environmental assessment notes that 
roughly 75% of the land falling within the project area has already 
been altered by human activities. Development and construction phases 
of the project are expected to alter land forms and will temporarily 
modify the natural drainage pattern throughout the project area.
    Land types to be used in this project include levee areas of the 
Rio Grande River, scrubland, and farmland. The project should not cause 
significant impact to the levee area or agricultural lands. Access to 
agricultural land will remain open.
    Projected acquisitions include private land. No relocations or 
displacement of homes or businesses will be necessary. The acquisition 
of private lands will be limited to the requirements of the project, 
such as the 100 to 300 feet right of way for the railway, the 
international rail bridge, and any roadway overpasses. Upon completion 
of the project, lands acquired through the project will be transferred 
to Union Pacific Railroad (UPRR).
    Alteration of land and the removal of vegetation are not expected 
to affect erosion within the general project area greater than any 
similar construction project. Measures will be adopted as fully as 
possible throughout the construction period to minimize erosion, 
including undertaking construction in dry seasons and completion of 
Storm Water Pollution Prevention Plan, compliance with requirements 
imposed by the U.S. Army Corps of Engineers and other agencies, 
returning disturbed lands to their previous contours, and revegetation 
efforts. The TPWD has issued recommendations to moderate erosion, 
including the use of weed free hay bales and silt screens to prevent 
siltation into wetlands, which the Sponsor has committed to undertake.
    Historical and Archeological Resources: A survey conducted by 
Anthony and Brown Consulting and approved by the Texas Historical 
Commission indicates that no archeological or historical sites will be 
impacted by the proposed project. One archeological site, 41CF185, was 
found, but it is completely destroyed and is neither eligible for the 
National Register of Historic Places nor for designation as a State 
Archeological Landmark. No evidence of buried prehistoric sites was 
found.
    Cameron County made a ``reasonable and good faith'' effort to 
identify Native American groups that may have historical ties to the 
area and to invite these groups to participate in the consultation 
process, in accordance with the Native American Graves Protection and 
Repatriation Act, Executive Order 12875, and the Advisory Council for 
Historic Preservation. Using the Native American Consultation Database, 
maintained by the Department of the Interior, no federally recognized 
Native American groups were identified.
    Water Quality: Significant impacts to current water supply and use 
are not anticipated, nor are adverse effects to

[[Page 35703]]

the interbasin transfer of ground water. Impacts to the quality of 
storm water run off, surface water, and ground water will be minimal.
    Noise: The Department identified two broad categories of noise 
resulting from the proposed project: short-term construction-related 
noise and longer-term noise associated with passing trains and horn 
blasts. The proposed project is located within a sparsely populated 
area of Cameron County (the draft environmental assessment notes only 
two residential structures within 1,000 feet of the construction). 
However, portions of the Resaca de la Palma wildlife refuge and World 
Birding Center may be affected by noise related to rail traffic, but 
those impacts are not expected to be significant and will be minimized 
by implementation of the World Birding Center Revegetation Mitigation 
Plan.
    While levels of construction noise will vary according to the 
nature of the construction work in progress, such noise is expected to 
be short term and will not exceed noise limits imposed by federal, 
state, and local laws and ordinances.
    Noise resulting from rail traffic is not expected to have a 
significant impact on the surrounding environment, including the Resaca 
de la Palma wildlife refuge and the World Birding Center. A horn noise 
analysis conducted for the New Carmen Road at-grade crossing indicates 
that horn noise will not have any impact on the surrounding 
environment, as defined by the FTA (Federal Transit Administration).
    Similarly, interim criteria for the threshold of disturbance for 
birds established by the FTA will not be exceeded either by regular 
train traffic or by train horns.
    While a USFWS standard for peak hour noise will be slightly 
exceeded, the impact is not expected to be significant since the noise 
level will not exceed the USFWS limit 200 feet from the tracks and 
highway noise in the area frequently is recorded well above the USFWS 
peak hour noise level. Noise impacts will also be minimized by a ban 
against trains idling on the tracks, and maintenance of minimum speed 
of trains passing through the area of approximately 40 mph.
    It should be noted that the proposed project will reduce noise 
levels along the existing corridor significantly, an important benefit 
for the higher numbers of homes located on the existing corridor.
    Environmental Justice/Socio-Economic Concerns: In accordance with 
Executive Order 12898 of February 11, 1994, the project is not expected 
to have a disproportionate impact on the minority or low-income 
communities in the immediate vicinity of the project, in view the of 
location of the project and the sparsely-populated nature of the land.
    Energy Requirements and Conservation Potentials: The construction 
of the proposed project should be considered as a short-term use of the 
environment during which energy and labor will be expended. This energy 
cost will, in the long-term, be offset by reduced vehicle congestion in 
downtown Brownsville and the more efficient movement of commerce and 
cargo between the United States and Mexico.
    Any Irreversible and Irretrievable Commitment of Resources: The 
project has not involved irreversible and irretrievable commitment of 
resources.
    Health and Safety: The project should contribute to the health and 
safety of the Brownsville community through lessening vehicle 
emissions, reducing the potential for vehicle-train collisions at 
existing at-grade crossings, and minimizing the potential for the 
railroad accidents in densely-populated areas involving hazardous 
materials.
    Cumulative Impacts: The Department also considered cumulative 
environmental impacts resulting from the project.
    As stated above, the proposed project will improve the quality of 
life for city and area residents by (a) the relocation of rail lines 
outside the Brownsville; (b) the reduction of vehicle waiting times and 
improvement of air quality in the downtown sections of the city; (c) 
the reduced impact of train noise to city residents; (d) the diversion 
of the transport of hazardous cargo from downtown Brownsville to less 
populated areas outside the city; and, (e) the elimination of numerous 
at-grade crossings.
    Environmental disruption throughout the construction process and in 
the operation of the rail line will be minimized through appropriate 
mitigation measures, discussed above, and coordination between Cameron 
County with Federal and state agencies such as the IBWC, USACE, USFWS, 
and TPWD in the development and implementation of those mitigation 
measures.

IV. Conclusion: Analysis of the Final Environmental Assessment

    On the basis of the final environmental assessment, information 
developed during the review of the Cameron County's application and 
environmental assessment, and comments received, a Finding of No 
Significant Impact (``FONSI'') is adopted and an environmental impact 
statement will not be prepared.
    The Final Environmental Assessment prepared by the Department 
addressing this action is on file and may be reviewed by interested 
parties at the Department of State, 2201 C Street NW, Room 4258, 
Washington, DC (Attn: Mr. Dennis Linskey, Tel 202-647-8529).

    Dated: June 18, 2004.
Dennis Linskey,
Coordinator, U.S.--Mexico Border Affairs, Office of Mexican Affairs, 
Department of State.
[FR Doc. 04-14468 Filed 6-24-04; 8:45 am]
BILLING CODE 4710-29-P