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FHWA 139(l) Multiple Projects Sample Form

[Scenario: Projects involve a variety of NEPA categories and some have not yet received final decisions on permits from other Federal agencies.]

DEPARTMENT OF TRANSPORTATION [4910-RY]

Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highways 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)-(2) [delete the "-(2)" if the notice does not cover any SEIS projects]. The actions relate to various proposed highway projects in the State of [fill in state name]. Those actions grant licenses, permits, and approvals for the projects.

DATES: By this notice, the FHWA is advising the public of final agency actions subject to 23 USC §139(l)(1)-(2) [delete the "-(2)" if the notice does not cover any SEIS projects]. A claim seeking judicial review of the Federal agency actions on any of the listed highway projects 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 highway projects in the State of [fill in state name] that are listed below. The actions by the Federal agencies on a project, and the laws under which such actions were taken, are described in the documented categorical exclusion (CE), environmental assessment (EA), environmental impact statement (EIS), or supplemental EIS (SEIS) issued in connection with the project [delete here, and elsewhere, references to any document types that are not included in this notice], and in other documents in the FHWA administrative record for the project. The CE, EA, FEIS, or SEIS, and other documents from the FHWA administrative record files for the listed projects are available by contacting the FHWA or the [fill in name of State agency] at the addresses provided above. FEIS, SEIS, and ROD documents can be viewed and downloaded from the FHWA Division's Web site at [fill in the link] or viewed at public libraries in the relevant project area [delete text on electronic and library access if not applicable].

This notice applies to all Federal agency decisions on the listed projects 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 projects subject to this notice; drafters should list only those laws under which a Federal agency made a final decision for at least one (or more) of the projects covered by this notice.]:

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The projects subject to this notice are:

  1. Project Location: [fill in city name, county name, highway number]. Project Reference Number: [fill in FHWA project number]. Project type: [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,]. NEPA document: [fill in NEPA document type and ROD/FONSI (if applicable), date of issuance, and Web address if electronically available].
  2. Project Location: [fill in city name, county name, highway number]. Project Reference Number: [fill in FHWA project number]. Project type: [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,]. NEPA document: [fill in NEPA document type and ROD/FONSI (if applicable), date of issuance, and Web address if electronically available].
  3. Project Location: [fill in city name, county name, highway number]. Project Reference Number: [fill in FHWA project number]. Project type: [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,]. NEPA document: [fill in NEPA document type and ROD/FONSI (if applicable), date of issuance, and Web address if electronically available].
  4. Project Location: [fill in city name, county name, highway number]. Project Reference Number: [fill in FHWA project number]. Project type: [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,]. NEPA document: [fill in NEPA document type and ROD/FONSI (if applicable), date of issuance, and Web address if electronically available].
  5. Project Location: [fill in city name, county name, highway number]. Project Reference Number: [fill in FHWA project number]. Project type: [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,]. NEPA document: [fill in NEPA document type and ROD/FONSI (if applicable), date of issuance, and Web address if electronically available].

(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)-(2) [strike "-(2)" if no SEIS project is listed]
Issued on: [date signed]

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[Signatory Name]
[Signatory Title]
[City]

Updated: 12/03/2012
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