[Federal Register Volume 84, Number 71 (Friday, April 12, 2019)]
[Notices]
[Pages 15038-15039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07189]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed U.S. Highway 
85 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.

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SUMMARY: This notice announces actions taken by FHWA that are final. 
The actions relate to a proposed highway project, US Highway 85 from 
the Interstate 94 (I-94) interchange to the Watford City Bypass 
(McKenzie County Road 30), in the counties of Stark, Billings and 
McKenzie, 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 highway project will be barred 
unless the claim is filed on or before September 9, 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.

FOR FURTHER INFORMATION CONTACT: Kevin Brodie, Transportation Engineer, 
FHWA, 4503 Coleman Street, Suite 205, Bismarck, ND 58503, Email: 
[email protected]; Matt Linneman, Project Manager, NDDOT, 300 
Airport

[[Page 15039]]

Road, Bismarck, ND 58504-6005, Email: [email protected]. Office hours 
are from 8:00 a.m. to 5:00 p.m. C.T., 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 
approvals for the following highway project in the State of North 
Dakota: Expansion of approximately 62 miles of US Highway 85 from the 
I-94 interchange to the Watford City Bypass (McKenzie County Road 30). 
The purpose of the project is to address the current and future needs 
of the project corridor. These needs include: an improved highway 
system capable of addressing the social and economic needs of the 
region; a bridge across the Little Missouri River capable of 
accommodating taller loads by either reducing or eliminating height 
restrictions; establishment of a connective link to the overall four-
lane highway infrastructure in North Dakota; improved safety and 
capacity along the project corridor; satisfying the goals and policies 
of existing highway designations; addressing existing slope instability 
and landslide issues; and offsetting potential impacts on wildlife. The 
actions by the agencies, and the laws under which such actions were 
taken, are described in the Final Environmental Impact Statement 
(FEIS)/Nationwide Section 4(f) Programmatic Evaluation for the project, 
approved on March 5, 2019, in the FHWA Record of Decision (ROD) issued 
on March 5, 2019, and in other documents in the project records. The 
FEIS/Nationwide Section 4(f) Programmatic Evaluation, ROD, and other 
project records are available by contacting the FHWA or: The NDDOT at 
the addresses provided above. The FEIS/Nationwide Section 4(f) 
Programmatic Evaluation and ROD can be viewed and downloaded from the 
project website at: https://www.dot.nd.gov/projects/williston/US85I94/, 
or obtained from any contact listed above.
    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 (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. 7401-7671q].
    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 (NAGPRA) [25 
U.S.C. 3001-3013].
    6. Social and Economic: 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 (Section 404, 
Section 401, Section 319) [33 U.S.C. 1251-1387]; Land and Water 
Conservation Fund (LWCF) [16 U.S.C. 4601-4604]; Safe Drinking Water Act 
(SDWA) [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. 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: April 3, 2019.
Sandy Zimmer,
Acting Division Administrator, Bismarck, North Dakota.
[FR Doc. 2019-07189 Filed 4-11-19; 8:45 am]
 BILLING CODE 4910-RY-P