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Notice of Final Federal Agency Actions on Proposed Highway Project in Wisconsin

American Government Special Collections Reference Desk

American Government Topics:  Federal Highway Administration, Interstate 43

Notice of Final Federal Agency Actions on Proposed Highway Project in Wisconsin

Tracey Blankenship
Federal Register
October 24, 2011

[Federal Register Volume 76, Number 205 (Monday, October 24, 2011)]
[Pages 65776-65777]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27358]



Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway 
Project in Wisconsin

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA, Army Corps of Engineers (USACE), 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, US 41 (Memorial Drive to County M) in Brown 
County, Wisconsin. Those actions grant approvals for the project. The 
project will widen the US 41 freeway mainline from 4 to 6 lanes and add 
auxiliary lanes at certain locations along US 41 northbound and 
southbound from Memorial Drive to County M, The project will also 
reconstruct I-43 from US 41 to Atkinson Drive and reconstruct the Velp 
Avenue, I-43, and County M interchanges. The I-43/US 41 interchange 
will be reconstructed as a System Interchange with directional ramps 
and will include a realignment of the US 41 mainline, raising of the 
northbound gradeline, and elimination of existing access between Velp 
Avenue and I-43 via US 41. The project limits on US 41 extend from 
Memorial Drive to County M, a distance of approximately 3.5 miles and 
the project limits on I-43 extend from US 41 to Atkinson Drive, a 
distance of approximately 2 miles. The project also includes 
construction of roundabouts, construction of new bridges and 
replacement of existing bridges.

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 within 180 days of publication of this 
Federal Register notice. 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: Tracey Blankenship, Major Projects 
Program Manager, Federal Highway Administration, 525 Junction Road 
Suite 8000, Madison, Wisconsin 53717; telephone: (608) 829-7510 or, e-
mail: Tracey.Blankenship@dot.gov. The FHWA Wisconsin Division's normal 
office hours are 7 a.m. to 4 p.m. central time. For the Wisconsin 
Department of Transportation (WisDOT): Danielle Block, PE, Wisconsin 
Department of Transportation, US 41 Brown County Project Office, 1940 
West Mason Street, Green Bay, Wisconsin 54303; telephone: (920) 492-
2212; e-mail: Danielle.Block@dot.wi.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency actions subject to 23 U.S.C. 139(l)(1) by issuing 
approvals for the following highway project: US 41 (Memorial Drive to 
County M), Brown County, Wisconsin, Project I.D. 1133-10-01. The 
project involves providing additional capacity on approximately 3.5 
miles of US 41 from Memorial Drive to County M, reconstructing 
approximately 2 miles of I-43 from US 41 to Atkinson Drive, and 
reconstructing the Velp Avenue, IH-43, and County M interchanges on US 
41. The actions taken by FHWA, and laws under which such actions were 
taken, are described in the Final Environmental Impact Statement (FEIS) 
for the project, approved on July 7, 2011 (FHWA-WI-EIS-11-01-F), in the 
Record of Decision (ROD) issued on October 4, 2011, and in other 
documents in the FHWA/WisDOT administrative record for the project. The 
FEIS, ROD, and other project records are available by contacting FHWA 
or WisDOT at the addresses provided above.
    The FEIS can also be viewed on the project Web site: http://www.us41wisconsin.gov/overview/special-project-features/envdocsmemorialdrtocountym.
    This notice applies to all 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 (FAHA) [23 U.S.C. 109 and 23 U.S.C. 
    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 [23 U.S.C. 138 and 49 U.S.C. 303], Section 6(f) of the Land and 
Water Conservation Act as amended [16 U.S.C. 4601], Farmland Protection 
Policy Act of 1980 [7 U.S.C. 4201-4209], and National Trails System Act 
[16 U.S.C. 1241-1249].
    4. Wildlife: Endangered Species Act of 1973 [16 U.S.C. 1531-1543 
and Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-
666(c)]; Migratory Bird Treaty Act [16 U.S.C. 760c-760g].
    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)-470(ll)]; Archeological and Historic Preservation Act [16 
U.S.C. 469-469(c)]; Native American Grave Protection and Repatriation 
Act [25 U.S.C. 3001 et seq.].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d) 
et. seq.]; American Indian Religious Freedom Act [42 U.S.C. 1996]; 
Americans with Disabilities Act [42 U.S.C. 12101]; Uniform Relocation 
Assistance and Real Property Acquisition Act of 1970 [42 U.S.C. 4601 et 
seq. as amended by the Uniform Relocation Act Amendments of 1987 [Pub. 
L. 100-17].
    7. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1376]; Land and Water 
Conservation Fund [16 U.S.C. 460l-4 to 460l-11]; Safe Drinking Water 
Act [42 U.S.C. 300(f)-

[[Page 65777]]

300(j)(6)]; 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]; 
Emergency Wetlands Resources Act, [16 U.S.C. 3921, 3931].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA) as amended [42 U.S.C. 
9601-9657]; Superfund Amendments and Reauthorization Act of 1986 [Pub. 
L. 99-499]; Resource Conservation and Recovery Act [42 U.S.C. 6901 et. 
    9. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 
Floodplain Management as amended by E.O. 12148; 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: October 13, 2011.
Tracey Blankenship,
Major Projects Program Manager, FHWA Wisconsin Division, Madison, 
[FR Doc. 2011-27358 Filed 10-21-11; 8:45 am]

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