Notice of Final Federal Agency Action on SH 249, From South of FM 1774/FM 149 in Pinehurst to FM 1774 North of Todd Mission, Montgomery and Grimes Counties, Texas

Michael T. Leary
Federal Highway Administration
19 February 2016

[Federal Register Volume 81, Number 33 (Friday, February 19, 2016)]
[Notices]
[Pages 8586-8587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03031]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Action on SH 249, From South of FM 
1774/FM 149 in Pinehurst to FM 1774 North of Todd Mission, Montgomery 
and Grimes Counties, Texas

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

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

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SUMMARY: This notice announces actions taken by TxDOT and Federal 
agencies that are final within the meaning of 23 U.S.C. 139(l)(1). The 
environmental

[[Page 8587]]

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 FHWA and TxDOT. 
The actions relate to a proposed highway project, SH 249, from south of 
FM 1774/FM 149 in Pinehurst to FM 1774 north of Todd Mission, in 
Montgomery and Grimes Counties in the State of Texas. Those actions 
grant licenses, permits, and approvals for the project. Under MAP-21 
section 1319, TxDOT has issued a combined Final Environmental Impact 
Statement (FEIS) and Record of Decision (ROD) for this action.

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 July 18, 2016. 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's normal business hours are 8:00 a.m.-
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: SH 249, from south of FM 1774/FM 149 in Pinehurst to FM 1774 
north of Todd Mission, in Montgomery and Grimes Counties. The project 
will be a 15-mile-long, four-mainlane, controlled-access tollway with 
intermittent frontage roads within a typical 400-foot-wide right-of-way 
(ROW). The proposed freeway will be on new alignment. 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) and Record of Decision (ROD) issued on January 12, 2016, and in 
other documents in the TxDOT project file. The FEIS/ROD, and other 
documents in the TxDOT project file are available by contacting TxDOT 
at the addresses provided above. The TxDOT FEIS/ROD can be viewed and 
downloaded from the project Web site at https://www.txdot.gov/inside-txdot/projects/studies/houston/sh249-extension.html or by visiting the 
TxDOT Houston District Office at 7600 Washington Avenue, Houston, TX 
77007; the TxDOT Bryan District Office at 2591 North Earl Rudder 
Freeway, Bryan, TX 77803; or the TxDOT Montgomery County Area Office at 
901 N. FM 3083 East, Conroe, TX 77303.
    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 [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], Marine Mammal Protection Act [16 U.S.C. 1361], 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 (Section 404, Section 401, Section 319); 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. (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: February 8, 2016.
Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2016-03031 Filed 2-18-16; 8:45 am]
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