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FHWA 139(l) Single Project Sample Form

[Scenario: All Federal agency decisions, including §404, have been completed.]

DEPARTMENT OF TRANSPORTATION [4910-RY]

Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway in [fill in state name]

AGENCY: Federal Highway Administration (FHWA), DOT

ACTION: Notice of Limitation on Claims for Judicial Review of Actions by FHWA and Other Federal Agencies

SUMMARY: This notice announces actions taken by the FHWA and other Federal agencies that are final within the meaning of 23 USC §139(l)(1). The actions relate to a proposed highway project, [fill in highway name/number and starting and ending cities or other points] in the County [fill in county name(s)], State of [fill in state name]. 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 USC §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 [Insert date 180 days after publication in the Federal Register] [previous phrase must be included as written, including the brackets, since it is an instruction to the Federal Register]. 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 still applies.

FOR FURTHER INFORMATION CONTACT: : [fill in FHWA contact information, including name, title, agency name, office address and regular office hours, telephone, and e-mail] or [fill in State contact information, including name, title, agency name, office address and regular office hours, telephone, and e-mail].

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and other Federal agencies have taken final agency actions by issuing licenses, permits, and approvals for the following highway project in the State of [fill in state name]: [Fill in very brief description of project (target is no more than 3-5 sentences): project location, project/construction type, length of project, general purpose, FHWA project reference number]. The actions by the Federal agencies, and the laws under which such actions were taken, are described in the Final Environmental Impact Statement (FEIS) for the project, approved on [fill in date], in the FHWA Record of Decision (ROD) issued on [fill in date], and in other documents in the FHWA administrative record. The FEIS, ROD, and other documents in the FHWA administrative record file are available by contacting the FHWA or the [fill in name of State agency] at the addresses provided above. The FHWA FEIS and ROD can be viewed and downloaded from the project Web site at [fill in the link] or viewed at public libraries in the project area [delete text on electronic and library access if not applicable].

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 [Insert the key laws under which Federal agencies have made final, documented decisions about the project; drafters should not list any law for which the Federal agency decision is not final.]:

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(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 USC §139(l)(1)
Issued on: [date signed]

__________________________________

[Signatory Name]
[Signatory Title]
[City]

Updated: 12/03/2012
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