Notice of Final Federal Agency Action on State Highway 99 (Grand Parkway) Segment B, From SH 288 to Interstate Highway (IH) 45 South, Brazoria and Galveston Counties, Texas

Topics:  Interstate Highway System

Michael T. Leary
Federal Highway Administration
17 February 2017

[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)]
[Notices]
[Pages 11100-11101]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03126]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Action on State Highway 99 (Grand 
Parkway) Segment B, From SH 288 to Interstate Highway (IH) 45 South, 
Brazoria and Galveston Counties, Texas

AGENCY: Texas Department of Transportation, Federal Highway 
Administration, 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 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, State 
Highway 99 (Grand Parkway) Segment B, from SH 288 to IH 45 South, in 
Brazoria and Galveston 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 separate 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 or before July 17, 2017. 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: State Highway 99 (Grand Parkway) Segment

[[Page 11101]]

B, from SH 288 to IH 45 South, in Brazoria and Galveston Counties. The 
project will be a four-lane, controlled-access tollway facility, 
consisting of two lanes in each direction within a 400-foot-wide right-
of-way (ROW) and auxiliary lanes between on-ramps and off-ramps where 
appropriate. 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) issued on April 28, 2016 and 
Record of Decision (ROD) issued on November 30, 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 and ROD can be viewed and 
downloaded from the project Web site at http://www.grandpky.com/Segment-B-Documents or by visiting the TxDOT Houston District Office at 
7600 Washington Avenue, Houston, TX 77007.
    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.)

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

Michael T. Leary,
Director, Planning and Program Development, Federal Highway 
Administration.
[FR Doc. 2017-03126 Filed 2-16-17; 8:45 am]
 BILLING CODE 4910-22-P