Notice of Final Federal Agency Actions on Transportation Project in North Dakota

Sandy Zimmer
Federal Highway Administration
30 July 2019

[Federal Register Volume 84, Number 146 (Tuesday, July 30, 2019)]
[Notices]
[Pages 36999-37000]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15937]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Transportation Project 
in North Dakota

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal agencies.

-----------------------------------------------------------------------

SUMMARY: This notice announces actions taken by FHWA and other Federal 
agencies that are final. These actions relate to a proposed 
transportation project, construction of a new crossing over the Little 
Missouri River, in the counties of Billings and Golden Valley, State of 
North Dakota. Those actions grant approvals for the project.

DATES: By this notice, 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 transportation project will be 
barred unless the claim is filed on or before December 27, 2019. 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.

[[Page 37000]]


FOR FURTHER INFORMATION CONTACT: For FHWA: Gary Goff, Federal Highway 
Administration, 4503 Coleman Street, Suite 205, Bismarck, ND 58503; 
email: Gary.Goff@dot.gov; telephone: (701) 221-9466. For the North 
Dakota Department of Transportation: Kent Leben, North Dakota 
Department of Transportation, 608 East Boulevard Avenue, Bismarck, ND 
58505; email: khleben@nd.gov; telephone: (701) 328-3482; Marcia Lamb, 
Billings County, P.O. Box 168, Medora, ND 58645; email: mdlamb@nd.gov; 
telephone: (701) 623-4377. Office hours are from 8:00 a.m. to 5:00 p.m. 
(Central Time), Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action(s) subject to 23 U.S.C. 139(l)(1) by issuing a 
Final Environmental Impact Statement (FEIS)/Record of Decision (ROD) 
for the following transportation project in the State of North Dakota: 
Construction of a new crossing over the Little Missouri River (FHWA-ND-
EIS-19-01-F). The purpose of the proposed action is to provide users 
with a safe, efficient, and reliable local connection between the 
roadways on the east and west sides of the Little Missouri River within 
Billings County, North Dakota. The actions by the agencies and the laws 
under which such actions were taken are described in the FEIS for the 
project, approved on June 6, 2019; the FHWA ROD, issued on June 6, 
2019; and other documents in the project records. The FEIS/ROD and 
other project records are available by contacting the aforementioned 
points-of-contact.
    The FEIS/ROD can also be viewed and downloaded from the project 
websites at http://www.billingscountynd.gov/190/Little-Missouri-River-Crossing-Project and https://www.dot.nd.gov/projects/dickinson. This 
notice applies to all Federal agency decisions that are final 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 [42 U.S.C. 4321-
4351], Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671q].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303; 23 U.S.C. 138], 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. 1361-1423h], 
Fish and Wildlife Coordination Act [16 U.S.C. 661-667d], 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. 470f]; 
Archeological Resources Protection Act of 1977 [16 U.S.C. 470aa-470mm]; 
Archeological and Historic Preservation Act [16 U.S.C. 469-469c]; 
Native American Grave Protection and Repatriation Act [25 U.S.C. 3001-
3013].
    6. Social and Economic: American Indian Religious Freedom Act [42 
U.S.C. 1996], Farmland Protection Policy Act [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Clean Water Act (Sections 404, 
401, and 319) [33 U.S.C. 1251-1387], Land and Water Conservation Fund 
[16 U.S.C. 4601-4604], Safe Drinking Water Act [42 U.S.C. 300f-300j-
26)], 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. 3901, 3921], Wetlands Mitigation [23 U.S.C. 119(g) and 
133(b)(14)], Flood Disaster Protection Act [42 U.S.C. 4012a, 4106].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675]; 
Superfund Amendments and Reauthorization Act of 1986 (SARA); Resource 
Conservation and Recovery Act (RCRA) [42 U.S.C. 6901-6992(k)].
    9. Executive Orders (E.O.): 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 E.O. 
12372 regarding intergovernmental consultation on Federal programs 
and activities apply to this program.)

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

    Issued on: July 18, 2019.
Sandy Zimmer,
FHWA Acting Division Administrator, Bismarck, North Dakota.
[FR Doc. 2019-15937 Filed 7-29-19; 8:45 am]
BILLING CODE 4910-RY-P