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Notice of Final Federal Agency Action on Proposed Highway in California

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Action on Proposed Highway in California

Matthew Schmitz
Federal Highway Administration
September 25, 2013

[Federal Register Volume 78, Number 186 (Wednesday, September 25, 2013)]
[Pages 59085-59086]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23350]



Federal Highway Administration

Notice of Final Federal Agency Action on Proposed Highway in 

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of Limitation on Claims for Judicial Review of Actions 
by FHWA and other Federal agencies.


SUMMARY: The FHWA, on behalf of the California Department of 
Transportation (Caltrans) is issuing this notice to advise the public 
that Federal actions taken by the California Department of

[[Page 59086]]

Transportation (Department) pursuant to its assigned responsibilities 
under 23 U.S.C. 327, as well as actions by other Federal agencies, are 
final within the meaning of 23 U.S.C. 139 (l)(1). The actions relate to 
a proposed Interstate 5 Bus/Carpool Lanes Project (Post Miles 9.7 to 
22.5), south of Elk Grove Blvd. to United States (US) Highway 50 in 
Sacramento County, State of California. This action grants approval for 
the project.

DATES: By this notice, FHWA, on behalf of the Department, is advising 
the public of final actions subject to 23 U.S.C. 139 (l)(1). These 
actions have been taken by the Department pursuant to its assigned 
responsibilities under 23 U.S.C. 327, as well as by other Federal 
agencies. 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 February 22, 2014. 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: Kendall Schinke, Senior Environmental 
Planner, California Department of Transportation, 2379 Gateway Oaks 
Dr., Suite 150, Sacramento, CA 95833, weekdays between 8 a.m. and 4:30 
p.m., (530) 741-4394, kendall_schinke@dot.ca.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the Department 
and other Federal agencies have taken final agency actions by issuing 
licenses, permits, and approvals for the following highway project in 
the State of California. The Interstate 5 Bus/Carpool Lanes Project 
would improve operations and safety of Interstate 5 in Sacramento 
County, California. This would be accomplished by adding bus/carpool 
lanes in the median the entire length of the project. The actions by 
the Department and other Federal agencies, and the laws under which 
such actions were taken, are described in the Environmental Assessment 
(EA)/Finding of No significant Impact (FONSI) for the project, approved 
by the Department on June 26, 2013. The EA/FONSI and other project 
records are available by contacting the Department at the address 
provided above. The EA/FONSI can be viewed and downloaded from the 
project Web site at www.dot.ca.gov/dist3/Projects/00165/prjindex.htm or 
viewed at the Sacramento County Public Library--Sacramento Public 
Library Central Library 828 I Street, Sacramento, CA 95814. Comments or 
questions concerning this proposed action should be directed to 
Caltrans at the address provided above.
    This notice applies to the Department and other 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 the 
following Federal environmental statutes and Executive orders:
    1. General: National Environmental Policy Act (NEPA) [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. 7401-7671(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)-470(ll)]; 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]; The 
Uniform Relocation Assistance and Real Property Acquisition Act of 
1970, as amended.
    7. 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).
    8. Wetlands and Water Resources: Clean Water Act (Section 404, 
Section 401, Section 319) [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]; Wetlands 
Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]; Flood Disaster 
Protection Act, 42 U.S.C. 4001-4128.
    9. 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).

Matthew Schmitz,
Director State Programs, Federal Highway Administration, Sacramento, 
[FR Doc. 2013-23350 Filed 9-24-13; 8:45 am]

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