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Notice of Final Federal Agency Actions on Proposed Highway in Idaho

Note: EPA no longer updates this information, but it may be useful as a reference or resource.




[Federal Register: July 26, 2007 (Volume 72, Number 143)]
[Notices]
[Page 41097-41098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy07-78]

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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway in
Idaho

AGENCY: Federal Highway Administration (FHWA), DOT.
ACTION: Notice of Limitation on Claims for Judicial Review of Actions
by FHWA, Army Corps of Engineers (USACE), DoD, and Other Federal
Agencies.

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SUMMARY: This notice announces actions taken by the FHWA, USACE, and
other Federal Agencies that are final within the meaning of 23 U.S.C.
139(l)(1). The actions relate to a proposed highway project, Cheyenne
Overpass, Project No. DHP-1564(001), Key No. 7508, Pocatello in Bannock
County in the State of Idaho. Those actions grant licenses, permits,
and approvals for the project.

DATES: By this notice, the 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 January 22, 2008. If the Federal
law that authorizes judicial review of a claim provides a time period
of less than 180 days for filing such claim, then that shorter time
period applies.

FOR FURTHER INFORMATION CONTACT: For HWA: Mr. Peter Hartman, Division
Administrator, Federal Highway Administration, 3050 Lakeharbor Lane
Suite 126, Boise, Idaho 83703; telephone: (208) 334-1843; e-mail: 
Idaho.FHWA@fhwa.dot.gov. The FHWA Idaho Division Office's normal

business hours are 8 a.m. to 4 p.m. (Mountain Time). For ITD: Mr. Mark
Snyder, Project Development Engineer, Idaho Transportation Department,
District 5, 5151 South 5th Avenue, Pocatello, Idaho 83205-4700; Normal
business hours are 8 a.m. to 4 p.m. (Mountain Time), telephone: (208)
239-3336.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has
taken final agency actions subject to 23 U.S.C. 129(l)(1) by issuing
licenses, permits, and approvals for the following highway project in
the State of Idaho: Cheyenne Overpass, Pocatello from Bannock Highway
to South 5th Avenue in Bannock County. The project will be a 1.1 mile
long, five-lane arterial street with grade separations at 2nd Avenue
and Interstate 15. It will begin at Bannock Highway south of Tech Farm
Road and proceed to the east over the Portneuf River, Union Pacific
Railroad tracks, and 2nd Avenue. Further east the new roadway will
cross under Interstate 15 and end at South 5th Avenue. The proposed
arterial will be on new alignment. The actions by the Federal agencies,
and the laws under which such actions were taken, are described in the
Environmental Assessment (EA) and supporting documentation for the
project. The EA was released for public review on August 24, 2005; a
Finding of No Significant Impact (FONSI) was issued by the FHWA on May
14, 2007. The EA, FONSI, and other supporting information are available
by contacting the FHWA or the Idaho Transportation Department at the
addresses provided above. The EA and FONSI can be viewed and downloaded
from the project Web site at: http://itd.idaho.gov/Projects/D5/CheyenneOverpassEA/
 or viewed at public libraries in the project area.
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:

[[Page 41098]]

General Environmental Statutes

    National Environmental Policy Act: 42 U.S.C. 4321-4335 (Pub. L. 91-
190), (Pub. L. 94-83).
    Section 4(f) of The Department of Transportation Act: 23 U.S.C.
138, 49 U.S.C. 303 (Pub. L. 100-17), (Pub. L. 97-449), (Pub. L. 86-
670).
    Economic, Social, and Environmental Effects: 23 U.S.C. 109(h),
(Pub. L. 91-605), 23 U.S.C. 128;
    Uniform Relocation Assistance and Real Property Acquisition Act of
1970 (42 U.S.C. 4601 et seq., (Pub. L. 91-646) as amended by the
Uniform Relocation Act Amendments of 1987 (Pub. L. 100-17);
    Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
23 U.S.C. 324; Americans with Disabilities Act (42 U.S.C. 12101) and
related statutes.
    Executive Order 12898: Environmental Justice.
    Public hearings: 23 U.S.C. 128.

Health

    Solid Waste Disposal Act, as amended by the Resource Conservation
and Recovery Act of 1976: 42 U.S.C. 6901, et seq., especially 42 U.S.C.
6961-6964 (Pub. L. 89-272) (Pub. L. 91-512) (Pub. L. 94-580).

Historical and Archeological Preservation

    Section 106 of the National Historic Preservation Act, as Amended:
16 U.S.C. 470f (Pub. L. 89-665) (Pub. L. 91-243) (Pub. L. 93-54) (Pub.
L. 94-422) (Pub. L. 94-458) (Pub. L. 96-199) (Pub. L. 96-244) (Pub. L.
96-515) (Pub. L. 102-575).
    Section 110 of the National Historic Preservation Act, as Amended:
16 U.S.C. 470H-2 (Pub. L. 96-515).
    Archeological and Historic Preservation Act: 16 U.S.C. 469-469C
(Pub. L. 93-291) (Moss-Bennett Act).
    Archeological Resources Protection Act: 16 U.S.C. 470aa-11 (Pub. L.
96-95).
    American Indian Religious Freedom Act: 42 U.S.C. 1996 (Pub. L. 95-
341).
    Native American Grave Protection and Repatriation Act: (Pub. L.
101-601) 25 U.S.C. 3001 et seq.

Land and Water Usage

    Executive Order 11988: Floodplain Management, as amended by
Executive Order 12148.
    Federal Water Pollution Control Act (1972), as Amended by the Clean
Water Act (1977 & 1987): 33 U.S.C. 1251-1376 (Pub. L. 92-500) (Pub. L.
95-217) (Pub. L. 100-4).
    Wildflowers 23 U.S.C. 319(B) (Pub. L. 100-17).
    Farmland Protection Policy Act of 1981: 7 U.S.C. 4201-4209 (Pub. L.
97-98) (Pub. L. 99-198).
    Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (CERCLA), as amended: 42 U.S.C. 9601-9657 (Pub. L. 96-510).
Superfund Amendments and Reauthorization Act of 1986: (SARA) (Pub. L.
99-499).
    Endangered Species Act of 1973, as amended: 16 U.S.C. 1531-1543
(Pub. L. 93-205) (Pub. L. 94-359) (Pub. L. 95-632) (Pub. L. 96-159)
(Pub. L. 97-304).
    Intermodal Surface Transportation Efficiency Act of 1991 Sec. 1038
Recycled Paving Material: (Pub. L. 102-240).

Noise

    Standards: 23 U.S.C. 109(i) (Pub. L. 91-605) (Pub. L. 93-87).

Air Quality

    Clean Air Act (as amended), Transportation Conformity Rule: 23
U.S.C. 109(j) 42 U.S.C. 7521(a) (Pub. L. 101-549).
    Intermodal Surface Transportation Efficiency Act of 1991:
Congestion Mitigation and Air Quality Improvement Program (CMAQ): Sec.
1008 23 U.S.C. 149.

(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(1)(1).

    Issued on: July 19, 2007.
B. Renee Sigel,
Assistant Division Administrator.
[FR Doc. 07-3645 Filed 7-25-07; 8:45 am]

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