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FHWA 139(l) Federal Agency Decision Sample Form

[Scenario: FHWA previously published a notice for its NEPA and other decisions, this notice covers USACE and other Federal agency decisions since the first notice.]

DEPARTMENT OF TRANSPORTATION [4910-RY]

Federal Highway Administration

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

AGENCIES: Federal Highway Administration (FHWA), DOT

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

SUMMARY: This notice announces actions taken by the USACE 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 of [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 that are covered by this notice 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], [fill in USACE 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: On [fill in date], the FHWA published a "Notice of Final Federal Agency Actions on Proposed Highway in [fill in state name]" in the Federal Register at [fill in FR reference] for the following highway project: [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, type(s) of FHWA NEPA document(s), and date(s) issued]. Notice is hereby given that, subsequent to the earlier FHWA notice, the USACE has taken final agency actions within the meaning of 23 USC §139(l)(1) by issuing permits and approvals for the highway project. The actions by the USACE, related final actions by other Federal agencies, and the laws under which such actions were taken, are described in the USACE decisions and its administrative record for the project, referenced as [fill in USACE permit number(s)]. That information is available by contacting the USACE at the address provided above.

Information about the project also is available from the FHWA and the [fill in name of State agency] at the addresses provided above. The FHWA [insert references to FHWA NEPA documents, such as FEIS and ROD or EA and FONSI] 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]. The USACE decision 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 USACE and other Federal agency final actions taken after the issuance date of the FHWA Federal Register notice described above. The laws under which actions were taken include, but are not limited to [Insert the key laws under which Federal agencies have made final, documented decisions about the project since the date of the first §139(l) notice; drafters should not list any law for which the Federal agency decision is not final or that is not a key Federal law under which USACE or another Federal agency made decisions or determinations on the project after the issuance date of the first §139(l) Federal Register notice]:

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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]

__________________________________

[FHWA Signatory Name]
[FHWA Signatory Title]
[City]

Updated: 12/03/2012
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