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Notice of Final Federal Agency Actions on I-35 Northeast Expansion Project, Bexar, Comal and Guadalupe Counties, Texas

American Government Special Collections Reference Desk

American Government Topics:  Interstate Highway System

Notice of Final Federal Agency Actions on I-35 Northeast Expansion Project, Bexar, Comal and Guadalupe Counties, Texas

Michael T. Leary
Federal Highway Administration
July 31, 2015

[Federal Register Volume 80, Number 147 (Friday, July 31, 2015)]
[Page 45701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18313]

[[Page 45701]]



Federal Highway Administration

Notice of Final Federal Agency Actions on I-35 Northeast 
Expansion Project, Bexar, Comal and Guadalupe Counties, 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, I-35 Northeast Expansion Project in Bexar, Comal and 
Guadalupe Counties, 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 28, 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: I-35 Northeast Expansion Project, Bexar, Comal and Guadalupe 
Counties, Texas. The project will include the construction of four 
elevated managed lanes (two in each direction) generally between the 
existing I-35 mainlanes and frontage roads along I-35 from I-410 South 
in San Antonio to FM 1103 in Schertz. Direct connectors at the I-35/I-
410 South, I-35/I-410 West, and I-35/Loop 1604 interchanges and 
operational improvements at the FM 2252, Old Wiederstein Road, and FM 
1103 intersections are also included. The actions by TxDOT and the 
Federal agencies, and the laws under which such actions were taken, are 
described in the final Environmental Assessment (EA) for the project, 
for which a Finding of No Significant Impact (FONSI) was issued on July 
2, 2015, and in other documents in the TxDOT administrative record. The 
EA, FONSI, and other documents in the administrative record file are 
available by contacting TxDOT at the address provided above.
    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 Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1377]; 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: July 21, 2105.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
[FR Doc. 2015-18313 Filed 7-30-15; 8:45 am]

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