Notice of Final Federal Agency Actions on Proposed Highways in Montana

Federal Register, Volume 76 Issue 247 (Friday, December 23, 2011)

Federal Register Volume 76, Number 247 (Friday, December 23, 2011)

Notices

Pages 80447-80448

From the Federal Register Online via the Government Printing Office www.gpo.gov

FR Doc No: 2011-32893

-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highways in Montana

AGENCY: Federal Highway Administration (FHWA), Department of Transportation (DOT).

ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA and Other Federal Agencies.

-----------------------------------------------------------------------

SUMMARY: This notice announces actions taken by the FHWA that are final within the meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed highway project, the Russell Street/South 3rd Street Project, located in the city of Missoula, Missoula County, Montana. Those actions grant licenses, permits, and approvals for the project.

DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the Federal agency actions on the highway project will be barred unless the claim is filed on or before June 20, 2012. If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such claim, then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Brian Hasselbach, Right of Way and Environmental Programs Manager, Federal Highway Administration--Montana Division, 585 Shepard Way, Helena, MT 59601. Office hours are 7:30 a.m. to 4:30 p.m. (Mountain Standard Time), (406) 441-3908, Brian.Hasselbach@dot.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has taken final agency actions by issuing a Record of Decision (ROD) for the Russell Street/South 3rd Street Project. The purpose of the project is to address current and projected safety and mobility concerns. The project is located in the city of Missoula, Missoula County, Montana.

The actions by FHWA on this project, and the laws under which such actions were taken, are described in the July 2011 Final Environmental Impact Statement (FEIS); the October 2011 ROD; and in other documents in the FHWA's administrative record for the project. The FEIS, ROD, and other documents in the FHWA administrative record are available by contacting FHWA.

The FEIS and ROD can be viewed and downloaded from the project Web site at http://www.ci.missoula.mt.us/index.aspx?NID=955. This notice applies to all Federal agency decisions on the project, as of the issuance date of this notice, and all laws under which such actions were taken, including but not limited to:

1. General: National Environmental Policy Act 42 U.S.C. 4321-

   4351; Federal-Aid Highway Act 23 U.S.C. 109.

   Page 80448

2. Air: Clean Air Act, as amended 42 U.S.C. 7401-7671(q).

3. Land: Section 4(f) of the Department of Transportation Act of 1966 49 U.S.C. 303; Landscaping and Scenic Enhancement (Wildflowers) 23 U.S.C. 319.

4. Wildlife: Endangered Species Act 16 U.S.C. 1531-1544; Anadromous Fish Conservation Act 16 U.S.C. 757(a)-757(g); Fish and Wildlife Coordination Act 16 U.S.C. 661-667(d); Magnuson-Stevenson Fishery Conservation and Management Act of 1976, as amended 16 U.S.C. 1801 et seq..

5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended 16 U.S.C. 470(f) et seq.; Archaeological Resources Protection Act of 1977 16 U.S.C. 470(aa)-11; Archaeological and Historic Preservation Act 16 U.S.C. 469-469(c); Native American Grave Protection and Repatriation Act 25 U.S.C. 3001-3013.

6. Social and Economic: Civil Rights Act of 1964 42 U.S.C. 2000(d)-2000(d)(1); American Indian Religious Freedom Act 42 U.S.C. 1996; Farmland Protection Policy Act 7 U.S.C. 4201-4209; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended 42 U.S.C. 61.

7. Wetlands and Water Resources: Clean Water Act, 33 U.S.C. 1251-

   1377 (Section 404, Section 401, Section 319); Coastal Zone Management Act 16 U.S.C. 1451-1465; Land and Water Conservation Fund 16 U.S.C. 4601-4604; Safe Drinking Water Act 42 U.S.C. 300(f)-300(j)(6); Rivers and Harbors Act of 1899 33 U.S.C. 401-406; TEA-21 Wetlands Mitigation 23 U.S.C. 103(b)(6)(m), 133(b)(11); Flood Disaster Protection Act 42 U.S.C. 4001-4128.

8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act 42 U.S.C. 9601-9675; Superfund Amendments and Reauthorization Act of 1986 PL 99-499; Resource Conservation and Recovery Act 42 U.S.C. 6901-6992(k).

9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species.

   (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.)

   Authority: 23 U.S.C. 139(l)(1).

   Issued on: December 13, 2011.

   Brian D. Hasselbach,

   Right of Way and Environmental Programs Manager, Federal Highway Administration, Montana Division.

   FR Doc. 2011-32893 Filed 12-22-11; 8:45 am

   BILLING CODE 4910-22-P