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Notice of Final Federal Agency Actions on Proposed Highway in Minnesota

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Actions on Proposed Highway in Minnesota

Arlene Kocher
Federal Highway Administration
June 12, 2015

[Federal Register Volume 80, Number 113 (Friday, June 12, 2015)]
[Pages 33583-33584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14080]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway in 

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitations on claims for Judicial Reviews by FHWA.


SUMMARY: This notice announces actions taken by FHWA and other Federal 
Agencies that are final in the meaning of 23 U.S.C. 139(l)(1). The 
actions relate to a proposed highway project corridor connecting Trunk 
Highway 169 and United States Highway 212 in the vicinity of Trunk 
Highway 41 in the Counties of Scott and Carver, State of Minnesota. The 
Federal decisions of a tiered environmental review process under the 
National Environmental Policy Act, 42 U.S.C. 4321-4351 (NEPA), and 
implementing regulations on tiering, 40 CFR 1502.20 and 40 CFR 1508.28, 
determined certain issues relating to the proposed action. Those Tier I 
decisions will be used by Federal agencies in subsequent proceedings, 
including decisions whether to grant licenses, permits, and approvals 
for highway project(s).

DATES: By this notice, FHWA is advising the public of the 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 November 9, 2015. If the Federal 
law that authorizes judicial review of a claim provides a time period 
of less than 150 days for filing such a claim, then that shorter time 
period still applies.

Specialist, FHWA, Minnesota Division, 380 Jackson Street, Suite 500, 
Saint Paul, MN 55101, phil.forst@dot.gov, Phone: (651) 291-6100. For 
the Minnesota Department of Transportation, Diane Langenbach, Project 
Manager, Minnesota Department of Transportation, Metro District, 1500 
West County Road B2, Roseville, MN 55113, Phone: (651) 234-7721.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has issued 
at Tier I Record of Decision (ROD) in connection with a proposed 
highway project in the State of Minnesota: Construction of a new Trunk 
Highway (TH) 41 Minnesota River crossing connecting Trunk Highway 169 
and United States (US) Highway 212 in the vicinity of the existing 
Trunk Highway 41. A modified Alternative C-2 corridor was the selected 
alternative in the Tier I FEIS. The selected alternative is an 
approximately 3 mile long, 300-foot wide corridor to accommodate a new 
four-lane east-west regional freeway connection between US 169 and US 
212 that will improve regional accessibility and alleviate traffic 
congestion. Approximately six corridor alternatives were evaluated in 
the Tier I process. The selected alternative is the only corridor build 
alternative to be carried forward into a future Tier II EIS.
    The Tier I final Federal agency decisions, and the laws under which 
such actions were taken, are described in the Tier I Final 
Environmental Impact Statement (FEIS), approved on November 12, 2014, 
in the Record of Decision (ROD) issued on March 16, 2015, and in other 
documents in the project records. The FEIS, ROD, and other documents in 
the project file are available by contacting the Minnesota Division of 
the FHWA or the Minnesota Department of Transportation at the addresses 
provided above. The FEIS and ROD can be viewed on the project Web site 
at http://www.dot.state.mn.us/metro/projects/hwy41bridge/documents.html, or obtained by contacting the individuals listed above.
    This notice applies to all Federal agency decisions that are final 
in the meaning of 23 U.S.C. 139(l)(1) 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 (NEPA) [42 U.S.C. 4321-
4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
2. Land: Section 4(f) of the Department of Transportation Act of 1966 
[49 U.S.C. 303; 23 U.S.C. 138].
3. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470f]; 
Archeological Resources Protection Act of 1977 [16 U.S.C. 470aa-470mm]; 
Archeological and Historic Preservation Act [16 U.S.C. 469-469c].
4. Social and Economic: Farmland Protection Policy Act (FPPA) [7 U.S.C. 
5. Wetlands and Water Resources: Clean Water Act (Section 404, Section 
401, Section 319) [33 U.S.C. 1251-1387]; Land and Water Conservation 
Fund (LWCF) [16 U.S.C. 4601-4604]; Wetlands Mitigation [23 U.S.C. 
119(g) and 133(b)(14)]; Wild and Scenic Rivers Act [16 U.S.C. 1271-
6. 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 

(Catalog of 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.)

[[Page 33584]]

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

    Issued on: May 26, 2015.
Arlene Kocher,
Division Administrator.
[FR Doc. 2015-14080 Filed 6-11-15; 8:45 am]

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