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Federal Register / Vol. 86, No. 156 / Tuesday, August 17, 2021 / Notices Assignment Program Elements: Program management, documentation and records management, QA/QC, training, performance measurement, and legal sufficiency. Each NEPA Assignment Program Element is described further below.
The Audit Team interviewed 11
CHSRA staff, in one of CHSRAs three regional offices and at its headquarters office. In addition, the Audit Team interviewed one staff member from the U.S. Environmental Protection Agency EPA. The Audit Team invited CHSRA
staff, middle management, counsel, and executive management to participate in the interview process to ensure representation of a diverse range of staff expertise, experience, and program responsibility.
The Audit Team compared the procedures outlined in CHSRA
environmental manuals and policies to the information obtained during staff interviews and project file reviews to evaluate CHSRAs performance against its documented procedures. The Audit Team documented observations under the six NEPA Assignment Program Elements.

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Audit Results Overall, CHSRA has carried out the environmental responsibilities assumed through the section 327 MOU and the Audit Team found that CHSRA is complying with the section 327 MOU.
Program Management Consistent with part 4 of the section 327 MOU, CHSRA has developed and implemented the updated Environmental Policies and Procedures Handbook, Environmental Compliance Program Manual, a QA/QC Plan, and the NEPA Assignment Training Course.
CHSRA has also conducted the required self-assessment.
CHSRA has incorporated the NEPA
Assignment Program into its overall project development process included in CHSRAs environmental manuals and policies. CHSRA has also created a NEPA assignment team in its headquarters office to support the new responsibilities under the NEPA
Assignment Program. CHSRA staff at the headquarters office responsible for ensuring NEPA Assignment responsibilities are fulfilled review projects for compliance with assigned environmental laws and regulations independently from those responsible for developing the NEPA and related documentation, as required in part 3 of the section 327 MOU.
CHSRA environmental staff at the three regional offices coordinate their NEPA related project-work with
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headquarters staff through NEPA
Coordinators. Prior to assuming responsibilities under the NEPA
Assignment Program, CHSRA regional staff reported to their regional office.
However, following assumption of NEPA responsibilities, CHSRA hired a NEPA Assignment Manager located in the headquarters office who is responsible for overseeing CHSRAs policies, manuals, guidance, and training under the NEPA Assignment Program. CHSRA also has assigned a team of attorneys to advise on the environmental review process. This team includes CHSRA in-house counsel as well as outside counsel who advise on issues relate to the assigned responsibilities.
Since the NEPA Assignment Program became effective, CHSRA staff noted that their relationship with resource agencies has not changed, and the overall environmental and consultation process has continued without significant change. FRAs Audit Teams review of project files supports this conclusion.
Documentation and Records Management Between July 23, 2019, and June 30, 2020, CHSRA made 22 auditable NEPA
actions. Employing judgmental sampling, the Audit Team reviewed seven NEPA project files, including six reexaminations of previously approved Final EISs and one combined Final EIS/
ROD. These projects represented a sampling of CHSRA environmental review efforts in process or initiated after the section 327 MOUs effective date through June 30, 2020, covering a range of resource considerations and agency coordination requirements. The Audit Team found that CHSRA
maintained a complete electronic record, including all NEPA-related documentation.
The Audit Team recognized several CHSRA efforts to ensure consistency of project documentation through CHSRAs use of an accessible file database. Interviews with CHSRA staff indicated that the regional staff consistently manage project files, including working files. In addition, CHSRA uses a software program to document public and resource agency comments, allowing CHSRA to track comments, responses, and resolution.
Quality Assurance/Quality Control Under part 10.2.B of the section 327
MOU, CHSRA has agreed to carry out regular QA/QC activities to ensure the assumed responsibilities are conducted in accordance with applicable law and the section 327 MOU. The Audit Team
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noted that CHSRA has implemented a QA/QC program where environmental staff in the three regions coordinate with the NEPA assignment team in the headquarters office. The NEPA
assignment team is responsible for reviewing all NEPA documentation and technical reports to ensure compliance.
CHSRA staff also have access to SMEs for various environmental resources and regulations. During interviews, CHSRA
noted that the NEPA assignment team acts independently to provide unbiased and objective reviews of work products.
The Audit Team also found that regional staff understands how to implement the QA/QC process throughout the environmental review process.
During subsequent audits, the FRA
Audit Team will require that supporting QA/QC documentation associated with project files be provided to FRA. This will allow the Audit Team to confirm QA/QC measures are being fully implemented for the projects under review. The Audit Team also recommends that CHSRA review a judgmental or random sampling of projects between FRAs annual audits to check compliance and identify potential improvements that can be made to the QA/QC process.
Training Program CHSRA committed to implementing training necessary to meet its environmental obligations under the section 327 MOU. The training covers all topics related to CHSRAs responsibilities under NEPA
assignment. Based on interviews and a review of training documentation and records, all CHSRA staff received the training in accordance with the training plan after the MOU was executed.
The FRA Audit Team recommends that CHSRA expand its training plan to include additional training opportunities. This training could include formal or informal training with State and Federal resource agencies in addition to the regularly scheduled agency coordination meetings.
Performance Measures In accordance with part 10.1.1 of the section 327 MOU, FRA and CHSRA
have established performance measures that CHSRA will seek to attain and that FRA will consider during FRAs audits.
CHSRA is still in the early stages of developing metrics to track attainment of performance measures outlined in the section 327 MOU. However, based on results of the audit review and interviews, the FRA Audit Team found that CHSRA is implementing the performances measures. CHSRA

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