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Notice of Final Federal Agency Actions on US 69/Loop 49 North Lindale Reliever Route, Smith County, Texas

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Actions on US 69/Loop 49 North Lindale Reliever Route, Smith County, Texas

Michael T. Leary
Federal Highway Administration
July 10, 2015

[Federal Register Volume 80, Number 132 (Friday, July 10, 2015)]
[Pages 39831-39832]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16182]



Federal Highway Administration

Notice of Final Federal Agency Actions on US 69/Loop 49 North 
Lindale Reliever Route, Smith County, Texas

AGENCY: Federal Highway Administration (FHWA), U.S. DOT.

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


SUMMARY: This notice announces actions taken by Texas Department of 
Transportation (TxDOT) and Federal agencies that are final within the 
meaning of 23 U.S.C. 139(l)(1). The actions relate to a proposed 
highway project, US 69/Loop 49 North Lindale Reliever Route, Smith 
County, Texas. Those actions grant licenses, permits, and approvals for 
the project.

DATES: By this notice, TxDOT 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 December 7, 2015. If the Federal 
law that authorizes judicial review of a claim provides a time period 
of less than 150 days for filing such claim, then that shorter time 
period still applies.

FOR FURTHER INFORMATION CONTACT: Mr. Carlos Swonke, P.G., Environmental 
Affairs Division, Texas Department of Transportation, 125 East 11th 
Street, Austin, Texas 78701; telephone: (512) 416-2734; email: 
carlos.swonke@txdot.gov. TxDOT normal business hours are 8:00 a.m. to 
5:00 p.m. (central time) Monday through Friday.

SUPPLEMENTARY INFORMATION: Notice is hereby given that TxDOT and 
Federal agencies have taken final agency actions by issuing licenses, 
permits, and approvals for the following highway project in the State 
of Texas: US 69/Loop 49 North Lindale Reliever Route, Smith County, 
Texas. The project will construct a new location, full control of 
access reliever route around the city of Lindale in Smith County, 
Texas, referred to as U.S. Highway (US) 69/Loop 49 North Lindale 
Reliever Route (Lindale Reliever Route). The proposed action is 
intended to provide relief to the existing US 69 through the city of 
Lindale and extend a proposed toll facility (Loop 49 West) from 
Interstate Highway (IH) 20 southwest of Lindale to US 69 north of 
Lindale, a distance of approximately seven miles.
    The actions by TxDOT and the Federal agencies, and the laws under 
which such actions were taken, are described in the Final Environmental 
Impact Statement (FEIS) for the project, approved on February 10, 2015, 
in the Record of Decision (ROD) issued on April 24, 2015, and in other 
documents in the TxDOT administrative record. The FEIS, ROD, and other 
documents in the administrative record file are available by contacting 
TxDOT at the address provided above. The FEIS and ROD can be viewed on 
the project Web site at http://www.txdot.gov/inside-txdot/projects/studies/tyler/us69-loop49.html. This notice applies to all TxDOT 
decisions and Federal agency decisions 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].
    2. Air: Clean Air Act [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 and 
Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-
667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703-712].
    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.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-11]; Archeological and Historic Preservation Act [16 U.S.C. 
469-469(c)]; Native American Grave Protection and Repatriation Act 
(NAGPRA) [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

[[Page 39832]]

Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Land and Water Conservation Fund 
(LWCF) [16 U.S.C. 4601-4604]; Safe Drinking Water Act (SDWA) [42 U.S.C. 
300(f)-300(j)(6)]; Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; 
Wild and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency Wetlands 
Resources Act [16 U.S.C. 3921, 3931]; 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. 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; E.O. 12372, Intergovernmental 
Review of Federal Programs.
    The environmental review, consultation, and other actions required 
by applicable Federal environmental laws for this project are being, or 
have been, carried-out by TxDOT pursuant to 23 U.S.C. 327 and a 
Memorandum of Understanding dated December 16, 2014, and executed by 

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

    Issued on: June 22, 2015.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
[FR Doc. 2015-16182 Filed 7-9-15; 8:45 am]

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