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Code · REGISTER · 2025-01-13 · Texas Department of Transportation (TxDOT), Federal Highway Administration (FHWA), U.S. Department of Transportation · Notices

Notices. Notice of limitation on claims for judicial review of actions by TxDOT and Federal agencies

860 words·~4 min read·/register/2025/01/13/2025-00453

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 4910-13-P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on the US 380 Project in Texas AGENCY: Texas Department of Transportation (TxDOT), Federal Highway Administration (FHWA), U.S. Department of Transportation. ACTION: Notice of limitation on claims for judicial review of actions by TxDOT and Federal agencies. SUMMARY: This notice announces actions taken by TxDOT and Federal agencies that are final. The environmental review, consultation, and other actions required by applicable Federal environmental laws for this project are being, or have been, carried out by TxDOT pursuant to an assignment agreement executed by FHWA and TxDOT.
These actions grant licenses, permits, and approvals for the US 380 project, from FM 1827 to CR 560 in Collin County, Texas. DATES: By this notice, TxDOT is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of TxDOT and Federal agency actions on the US 380 project will be barred unless the claim is filed on or before the deadline. For the US 380 project the deadline is June 12, 2025. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such a claim, then that shorter time period still applies.
FOR FURTHER INFORMATION CONTACT: Patrick Lee, Environmental Affairs Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701; telephone:
(512)416-2358; *email: Patrick.Lee@txdot.gov.* TxDOT's normal business hours are 8:00 a.m.-5:00 p.m. (central time), Monday through Friday. SUPPLEMENTARY INFORMATION: This project will be a controlled-access new location freeway consisting of an eight- to 10-lane divided freeway with 12-foot-wide main lanes, auxiliary lanes, ramps, and 10-foot-wide outside and 15-foot-wide inside shoulders. The project will also include continuous, one-way frontage roads with two to three 12-foot-wide lanes with raised curbs and continuous 10-foot-wide shared-use paths on both sides of the facility. US 380 crosses Lavon Lake and will be reconstructed within the existing ROW over the lake, including continuous frontage roads on bridge structures. This project is approximately 11.7 miles in length. The actions by TxDOT and Federal agencies and the laws under which such actions were taken are described in the Final Environmental Assessment, Finding of No Significant Impact (FONSI) issued on December 27, 2024, and other documents in the TxDOT project file. The Final Environmental Assessment, FONSI, and other documents in the TxDOT project file are available by contacting the TxDOT Dallas District Office at 4777 E Highway 80, Mesquite, TX 75150; telephone:
(214)320-4480. The environmental review, consultation, and other actions required by applicable Federal environmental laws for the US 380 project are being, or have been, carried-out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated December 9, 2019, and executed by FHWA and TxDOT. Notice is hereby given that TxDOT and Federal agencies have taken final agency actions by issuing licenses, permits, and approvals for the US 380 project in the State of Texas. This notice applies to all TxDOT and 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: 1. *General:* National Environmental Policy Act
(NEPA)[42 U.S.C. 4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109]. 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], Marine Mammal Protection Act [16 U.S.C. 1361], 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 [54 U.S.C. 300101 *et seq.* ]; Archeological Resources Protection Act of 1977 [16 U.S.C. 470(aa)-11]; Archeological and Historic Preservation Act [54 U.S.C. 312501 *et seq.* ]; 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 [33 U.S.C. 1251-1377] (Section 404, Section 401, Section 319); 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. *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.) *Authority:* 23 U.S.C. 139(l)(1). Michael T. Leary, Director, Planning and Program Development, Federal Highway Administration. [FR Doc. 2025-00453 Filed 1-10-25; 8:45 am]
Connectionstraces to 13
13 references not yet in our index
  • 42 USC 4321-4351
  • 42 USC 7401-7671(q)
  • 16 USC 1531-1544
  • 16 USC 661-667(d)
  • 16 USC 703-712
  • 25 USC 3001-3013
  • 42 USC 2000(d)
  • 7 USC 4201-4209
  • 33 USC 1251-1377
  • 16 USC 4601-4604
  • 33 USC 401-406
  • 16 USC 1271-1287
  • 42 USC 4001-4128
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Notices
Notice of limitation on claims for judicial review of actions by TxDOT and Federal agencies
Cite42 USC 4321-4351
Cite42 USC 7401-7671(q)
Cite16 USC 1531-1544
Cites 26 · showing 12Cited by 0 across 0 sources
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