[Federal Register Volume 89, Number 98 (Monday, May 20, 2024)]
[Notices]
[Page 43975]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11029]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on the Upper Mill Creek 
Canyon Road Improvement Project Along Mill Creek Canyon Road in the 
State of Utah

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 and other Federal 
agencies that are final. This final agency action relates to a proposed 
highway project, the roadway widening of Mill Creek Canyon Road, 
modifications to parking areas, establishment of a bicycle lane, and 
drainage improvements to the upper 4.6 miles of Mill Creek Canyon Road 
near Millcreek, Utah. The FHWA's Finding of No Significant Impact 
(FONSI) provides details on the Selected Alternative for the proposed 
improvements.

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 October 17, 2024. 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: Braden Peters, Project Manager, 
Federal Highway Administration, Central Federal Lands Highway Division, 
12300 W Dakota Avenue, Suite 380, Lakewood, Colorado 80228, Telephone 
(720) 963-3397, Email: [email protected]. Regular office hours are 
8 a.m. to 5 p.m. (mountain time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken a 
final agency action by issuing a FONSI for the following highway 
project in the State of Utah: Upper Mill Creek Canyon Road, near 
Millcreek in Salt Lake County.
    The project includes reconstructing Mill Creek Canyon Road and 
establishing a consistent width along the road, including a bicycle 
lane for about 1.5 miles; reducing informal parking sites and expanding 
and formalizing parking areas at existing trailheads and adjacent to 
the road in other designated areas; modifying, replacing, or installing 
culverts; constructing associated improvements, such as retaining 
walls, ditches and other drainage features, signs, and trail 
connections; and striping the road.
    The FHWA's action, related actions by other Federal agencies, and 
the laws under which such actions were taken, are described in the 
Environmental Assessment (EA) approved on February 28, 2024, and the 
FONSI approved on May 14, 2024, and other documents in the project 
file. The EA and FONSI are available for review by contacting FHWA at 
the addresses provided above. In addition, these documents can be 
viewed and downloaded from the project website: https://highways.dot.gov/federal-lands/projects/ut/flap-sla-10-1. 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 by 
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. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303].
    4. Wildlife: Endangered Species Act (ESA) [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].
    7. 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]; 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. 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. 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).

Judy Salomonson,
Chief of Business Operations, CFLHD, Federal Highway Administration.
[FR Doc. 2024-11029 Filed 5-17-24; 8:45 am]
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