82_FR_22812 82 FR 22718 - Proposed Third Renewed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Utah, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs)

82 FR 22718 - Proposed Third Renewed Memorandum of Understanding (MOU) Assigning Certain Federal Environmental Responsibilities to the State of Utah, Including National Environmental Policy Act (NEPA) Authority for Certain Categorical Exclusions (CEs)

DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Federal Register Volume 82, Issue 94 (May 17, 2017)

Page Range22718-22719
FR Document2017-09968

The FHWA and the State of Utah, acting by and through its Department of Transportation (State), propose a renewal of the State's participation in the State Assumption of Responsibility for Categorical Exclusions. This program allows FHWA to assign to States its authority and responsibility for determining whether certain designated activities within the geographic boundaries of the State, as specified in the proposed Memorandum of Understanding (MOU), are categorically excluded from preparation of an environmental assessment or an environmental impact statement under the National Environmental Policy Act. An amended MOU would renew the State's participation in the program. The MOU will be amended by incorporating the following change: FHWA may terminate the State's participation in this program if FHWA provides the State a notification of noncompliance, and a period of not less than 120 days to take corrective action as FHWA determines necessary, and if the state fails to take satisfactory corrective action as determined by FHWA (Section 1307 of the Fixing America's Surface Transportation [FAST] Act [Pub. L. 114-94]).

Federal Register, Volume 82 Issue 94 (Wednesday, May 17, 2017)
[Federal Register Volume 82, Number 94 (Wednesday, May 17, 2017)]
[Notices]
[Pages 22718-22719]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09968]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration

[Docket No. FHWA-2017-0009]


Proposed Third Renewed Memorandum of Understanding (MOU) 
Assigning Certain Federal Environmental Responsibilities to the State 
of Utah, Including National Environmental Policy Act (NEPA) Authority 
for Certain Categorical Exclusions (CEs)

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation.

ACTION: Notice of proposed MOU, request for comments.

-----------------------------------------------------------------------

SUMMARY: The FHWA and the State of Utah, acting by and through its 
Department of Transportation (State), propose a renewal of the State's 
participation in the State Assumption of Responsibility for Categorical 
Exclusions. This program allows FHWA to assign to States its authority 
and responsibility for determining whether certain designated 
activities within the geographic boundaries of the State, as specified 
in the proposed Memorandum of Understanding (MOU), are categorically 
excluded from preparation of an environmental assessment or an 
environmental impact statement under the National Environmental Policy 
Act. An amended MOU would renew the State's participation in the 
program. The MOU will be amended by incorporating the following change: 
FHWA may terminate the State's participation in this program if FHWA 
provides the State a notification of noncompliance, and a period of not 
less than 120 days to take corrective action as FHWA determines 
necessary, and if the state fails to take satisfactory corrective 
action as determined by FHWA (Section 1307 of the Fixing America's 
Surface Transportation [FAST] Act [Pub. L. 114-94]).

DATES: Comments must be received on or before June 16, 2017.

ADDRESSES: You may submit comments, identified by DOT Document 
Management System (DMS) Docket Number [FHWA-2017-0009], by any of the 
methods described below. Electronic or facsimile comments are preferred 
because Federal offices experience intermittent mail delays from 
security screening.
    Web site: http://www.regulations.gov/. Follow the instructions for 
submitting comments on the DOT electronic docket site. Facsimile (Fax): 
1-202-493-2251.
    Mail: Docket Management Facility; U.S. Department of 
Transportation, 1200 New Jersey Ave. SE., Washington, DC 20590.
    Hand Delivery: 1200 New Jersey Ave. SE., Washington, DC 20590 
between 9 a.m. and 5 p.m. e.t., Monday through Friday, except Federal 
holidays.
    For access to the docket to view a complete copy of the proposed 
MOU, or to read background documents or comments received, go to http://www.regulations.gov/ at any time or to 1200 New Jersey Ave. SE., 
Washington, DC 20590, between 9 a.m. and 5 p.m. e.t., Monday through 
Friday, except for Federal holidays.

FOR FURTHER INFORMATION CONTACT: For FHWA: Mr. Edward Woolford, 
Environmental Program Manager, Federal Highway Administration, 2520 
West 4700 South, Suite 9A, Salt Lake City, UT 84129; by email at 
Edward.woolford@dot.gov or by telephone at 801-955-3524. The FHWA Utah 
Division Office's normal business hours are 7 a.m. to 4:30 p.m. 
(Mountain), Monday-Friday, except for Federal Holidays. For State: Mr. 
Brandon Weston, Environmental Services Director, Utah Department of 
Transportation, 4501 South 4700 West, Salt Lake City, UT 84129; by 
email at Brandonweston@Utah.gov or by telephone at 801-965-4603. The 
Utah Department of Transportation's normal business hours are 8 a.m. to 
5 p.m. (Mountain), Monday-Friday, except for State and Federal 
holidays.

SUPPLEMENTARY INFORMATION: 
    Electronic Access: Internet users may reach the Office of the 
Federal Register's home page at: http://www.archives.gov/ and the 
Government Printing Office's database: http://www.fdsys.gov/. An 
electronic version of the proposed MOU may be downloaded by accessing 
the DOT DMS docket, as described above, at http://www.regulations.gov/.
    Background: Section 326 of Title 23 U.S. Code, creates a program 
that allows the Secretary of the DOT (Secretary), to assign, and a 
State to assume, responsibility for determining whether certain highway 
projects are included within classes of action that are categorically 
excluded (CE) from

[[Page 22719]]

requirements for environmental assessments or environmental impact 
statements pursuant to the National Environmental Policy Act of 1969, 
42 U.S.C. 4321 et seq. (NEPA). In addition, this program allows the 
assignment of other environmental review requirements applicable to 
these actions. The FHWA is authorized to act on behalf of the Secretary 
with respect to these matters. Through an amended MOU, FHWA would renew 
Utah's participation in this program for a third time. The original MOU 
became effective on July 1, 2008, for an initial term of three (3) 
years and the first renewal followed on June 30, 2011 and the second 
renewal followed on June 30, 2014. The proposed third MOU revision is 
set to supersede the second renewed MOU prior to its expiration date on 
June 30, 2017. Stipulation I(B) of the MOU describes the types of 
actions for which the State would assume project-level responsibility 
for determining whether the criteria for a CE are met. Statewide 
decision-making responsibility would be assigned for all activities 
within the categories listed in 23 CFR 771.117(c) and those listed as 
examples in 23 CFR 771.117(d). In addition to the NEPA CE determination 
responsibilities, the MOU would assign to the State the responsibility 
for conducting Federal environmental review, consultation, and other 
related activities for projects that are subject to the MOU with 
respect to the following Federal laws and Executive Orders:
    1. Clean Air Act (CAA), 42 U.S.C. 7401-7671q (determinations of 
project-level conformity if required for the project).
    2. Noise Control Act of 1972, 42 U.S.C. 4901-4918.
    3. Compliance with the noise regulations in 23 CFR 772.
    4. Section 7 of the Endangered Species Act of 1973, 16 U.S.C. 1531-
1544, and Section 1536.
    5. Fish and Wildlife Coordination Act, 16 U.S.C. 661-667d.
    6. Migratory Bird Treaty Act, 16 U.S.C. 703-712.
    7. Section 106 of the National Historic Preservation Act of 1966, 
as amended, 54 U.S.C. 306101 et seq.
    8. Archeological and Historic Preservation Act of 1966, as amended, 
54 U.S.C. 3201.
    9. Archeological and Historic Preservation Act, 16 U.S.C. 469-469c.
    10. American Indian Religious Freedom Act, 42 U.S.C. 1996.
    11. Native American Grave Protection and Repatriation Act, 25 
U.S.C. 3001-3013; 18 U.S.C. 1170.
    12. Farmland Protection Policy Act (FPPA), 7 U.S.C. 4201-4209.
    13. Clean Water Act, 33 U.S.C. 1251-1377 (Section 404, Section 401, 
Section 319).
    14. Coastal Barrier Resources Act, 16 U.S.C. 3501-3510.
    15. Coastal Zone Management Act, 16 U.S.C. 1451-1465.
    16. Safe Drinking Water Act (SDWA), 42 U.S.C. 300f-300j-6.
    17. Rivers and Harbors Act of 1899, 33 U.S.C. 403.
    18. Wild and Scenic Rivers Act, 16 U.S.C. 1271-1287.
    19. Emergency Wetlands Resources Act, 16 U.S.C. 3921-3931.
    20. TEA-21 Wetlands Mitigation, 23 U.S.C. 103(b)(6)(m), 133 
(b)(11).
    21. FHWA wetland and natural habitat mitigation regulations at 23 
CFR part 777.
    22. Flood Disaster Protection Act, 42 U.S.C. 4001-4128.
    23. Section 4(f), 23 U.S.C. 138 and 49 U.S.C., 303.
    24. Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601-4604 
(known as section 6(f)).
    25. Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), 42 U.S.C. 9601-9675.
    26. Superfund Amendments and Reauthorization Act of 1986 (SARA).
    27. Resource Conservation and Recovery Act (RCRA), 42 U.S.C. 6901-
6992k.
    28. Planning and Environmental Linkages, 23 U.S.C. 168, with the 
exception of those FHWA responsibilities associated with 23 U.S.C. 134 
and 135.
    29. Programmatic Mitigation Plans, 23 U.S.C. 169 with the exception 
of those FHWA responsibilities associated with 23 U.S.C. 134 and 135.
    30. 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. 13175, Consultation and Coordination with Indian Tribal 
Governments; E.O. 13112, Invasive Species).
    The MOU allows the State to act in the place of the FHWA in 
carrying out the functions described above, except with respect to 
government-to-government consultations with federally recognized Indian 
tribes. The FHWA will retain responsibility for conducting formal 
government-to-government consultation with federally recognized Indian 
tribes, which is required under some of the above-listed laws and 
executive orders. The State also may assist the FHWA with formal 
consultations, with consent of a tribe, but the FHWA remains 
responsible for the consultation. This assignment includes transfer to 
the State of Utah the obligation to fulfill the assigned environmental 
responsibilities on any proposed projects meeting the criteria in 
Stipulation I(B) of the MOU that were determined to be CEs prior to the 
effective date of the proposed MOU but that have not been completed as 
of the effective date of the MOU. This is the proposed third renewal of 
the State's participation in the program and incorporate changes in the 
termination process from the FAST Act. FHWA may terminate the State's 
participation in this program if FHWA provides the State a notification 
of noncompliance, and a period of not less than 120 days to take 
corrective action as FHWA determines necessary, and if the state fails 
to take satisfactory corrective action as determined by FHWA. In 
previous versions of the MOU the period for the State to take 
corrective action was 30 days.
    The FHWA will consider the comments submitted on the proposed MOU 
when making its decision on whether to execute this renewal MOU. The 
FHWA will make the final, executed MOU publicly 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 U.S.C. 326; 42 U.S.C. 4331, 4332; 23 CFR 771.117; 
40 CFR 1507.3, 1508.4.

    Issued on: May 8, 2017.
Ivan Marrero,
Division Administrator, Salt Lake City, Utah.
[FR Doc. 2017-09968 Filed 5-16-17; 8:45 am]
 BILLING CODE 4910-22-P



                                               22718                        Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices

                                               (Pub. L. 114–94) continues the Highway                  www.regulations.gov. Follow the online                Management System (DMS) Docket
                                               Safety Improvement Program (HSIP) as                    instructions for accessing the dockets.               Number [FHWA–2017–0009], by any of
                                               a core federal-aid program with the                       Authority: The Paperwork Reduction Act              the methods described below. Electronic
                                               purpose to achieve a significant                        of 1995; 44 U.S.C. Chapter 35, as amended;            or facsimile comments are preferred
                                               reduction in traffic fatalities and serious             and 49 CFR 1.48.                                      because Federal offices experience
                                               injuries on all public roads, including                                                                       intermittent mail delays from security
                                                                                                         Issued on: May 11, 2017.
                                               non-State-owned public roads and roads                                                                        screening.
                                                                                                       Michael Howell,
                                               on tribal lands. The HSIP requires a                                                                             Web site: http://www.regulations.gov/.
                                               data-driven, strategic approach to                      Information Collection Officer.                       Follow the instructions for submitting
                                               improving highway safety on all public                  [FR Doc. 2017–09899 Filed 5–16–17; 8:45 am]           comments on the DOT electronic docket
                                               roads that focuses on performance.                      BILLING CODE 4910–22–P                                site. Facsimile (Fax): 1–202–493–2251.
                                                  The existing provisions of Title 23                                                                           Mail: Docket Management Facility;
                                               U.S.C. Sections 130, Railway-Highway                                                                          U.S. Department of Transportation, 1200
                                               Crossings Program,, as well as                          DEPARTMENT OF TRANSPORTATION                          New Jersey Ave. SE., Washington, DC
                                               implementing regulations in 23 CFR                                                                            20590.
                                               924, remain in effect. Included in these                Federal Highway Administration
                                                                                                                                                                Hand Delivery: 1200 New Jersey Ave.
                                               combined provisions are requirements                    [Docket No. FHWA–2017–0009]                           SE., Washington, DC 20590 between 9
                                               for State DOTs to annually produce and                                                                        a.m. and 5 p.m. e.t., Monday through
                                               submit to FHWA by August 31 reports                     Proposed Third Renewed                                Friday, except Federal holidays.
                                               related to the implementation and                       Memorandum of Understanding (MOU)                        For access to the docket to view a
                                               effectiveness of their HSIPs, that are to               Assigning Certain Federal                             complete copy of the proposed MOU, or
                                               include information on: (a) Progress                    Environmental Responsibilities to the                 to read background documents or
                                               being made to implement HSIP projects                   State of Utah, Including National                     comments received, go to http://
                                               and the effectiveness of these projects in              Environmental Policy Act (NEPA)                       www.regulations.gov/ at any time or to
                                               reducing traffic fatalities and serious                 Authority for Certain Categorical                     1200 New Jersey Ave. SE., Washington,
                                               injuries [Sections 148(h)]; and (b)                     Exclusions (CEs)                                      DC 20590, between 9 a.m. and 5 p.m.
                                               progress being made to implement the                                                                          e.t., Monday through Friday, except for
                                                                                                       AGENCY:  Federal Highway
                                               Railway-Highway Crossings Program                                                                             Federal holidays.
                                                                                                       Administration (FHWA), Department of
                                               and the effectiveness of the projects in                                                                      FOR FURTHER INFORMATION CONTACT: For
                                                                                                       Transportation.
                                               that program [Sections 130(g) and                                                                             FHWA: Mr. Edward Woolford,
                                               148(h)], which will be used by FHWA                     ACTION: Notice of proposed MOU,
                                                                                                       request for comments.                                 Environmental Program Manager,
                                               to produce and submit biennial reports                                                                        Federal Highway Administration, 2520
                                               to Congress. To be able to produce these                SUMMARY:    The FHWA and the State of                 West 4700 South, Suite 9A, Salt Lake
                                               reports, State DOTs must have safety                    Utah, acting by and through its                       City, UT 84129; by email at
                                               data and analysis systems capable of                    Department of Transportation (State),                 Edward.woolford@dot.gov or by
                                               identifying and determining the relative                propose a renewal of the State’s                      telephone at 801–955–3524. The FHWA
                                               severity of hazardous highway locations                 participation in the State Assumption of              Utah Division Office’s normal business
                                               on all public roads, based on both crash                Responsibility for Categorical                        hours are 7 a.m. to 4:30 p.m.
                                               experience and crash potential, as well                 Exclusions. This program allows FHWA                  (Mountain), Monday-Friday, except for
                                               as determining the effectiveness of                     to assign to States its authority and                 Federal Holidays. For State: Mr.
                                               highway safety improvement projects.                    responsibility for determining whether                Brandon Weston, Environmental
                                               FHWA provides an online reporting tool                  certain designated activities within the              Services Director, Utah Department of
                                               to support the annual HSIP reporting                    geographic boundaries of the State, as                Transportation, 4501 South 4700 West,
                                               process. Additional information is                      specified in the proposed Memorandum                  Salt Lake City, UT 84129; by email at
                                               available on the Office of Safety Web                   of Understanding (MOU), are                           Brandonweston@Utah.gov or by
                                               site at http://safety.fhwa.dot.gov/hsip/                categorically excluded from preparation               telephone at 801–965–4603. The Utah
                                               resources/onrpttool/. Reporting into the                of an environmental assessment or an                  Department of Transportation’s normal
                                               online reporting tool meets all report                  environmental impact statement under                  business hours are 8 a.m. to 5 p.m.
                                               requirements and USDOT Web site                         the National Environmental Policy Act.                (Mountain), Monday-Friday, except for
                                               compatibility requirements. The                         An amended MOU would renew the                        State and Federal holidays.
                                               information contained in the annual                     State’s participation in the program. The
                                               HSIP reports provides FHWA with a                                                                             SUPPLEMENTARY INFORMATION:
                                                                                                       MOU will be amended by incorporating                     Electronic Access: Internet users may
                                               means for monitoring the effectiveness                  the following change: FHWA may
                                               of these programs and may be used by                                                                          reach the Office of the Federal Register’s
                                                                                                       terminate the State’s participation in                home page at: http://www.archives.gov/
                                               Congress for determining the future                     this program if FHWA provides the
                                               HSIP program structure and funding                                                                            and the Government Printing Office’s
                                                                                                       State a notification of noncompliance,                database: http://www.fdsys.gov/. An
                                               levels.                                                 and a period of not less than 120 days
                                                  Respondents: 51 State Transportation                                                                       electronic version of the proposed MOU
                                                                                                       to take corrective action as FHWA                     may be downloaded by accessing the
                                               Departments, including the District of                  determines necessary, and if the state
                                               Columbia.                                                                                                     DOT DMS docket, as described above, at
                                                                                                       fails to take satisfactory corrective                 http://www.regulations.gov/.
                                                  Frequency: Annually.
                                                  Estimated Average Burden per                         action as determined by FHWA (Section                    Background: Section 326 of Title 23
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                                               Response: 250 hours.                                    1307 of the Fixing America’s Surface                  U.S. Code, creates a program that allows
                                                  Estimated Total Annual Burden                        Transportation [FAST] Act [Pub. L. 114–               the Secretary of the DOT (Secretary), to
                                               Hours: 12,750 hours (51 states at an                    94]).                                                 assign, and a State to assume,
                                               average of 250 hours each).                             DATES: Comments must be received on                   responsibility for determining whether
                                                  Electronic Access: For access to the                 or before June 16, 2017.                              certain highway projects are included
                                               docket to read background documents                     ADDRESSES: You may submit comments,                   within classes of action that are
                                               or comments received, go to http://                     identified by DOT Document                            categorically excluded (CE) from


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                                                                            Federal Register / Vol. 82, No. 94 / Wednesday, May 17, 2017 / Notices                                                   22719

                                               requirements for environmental                            13. Clean Water Act, 33 U.S.C. 1251–                includes transfer to the State of Utah the
                                               assessments or environmental impact                     1377 (Section 404, Section 401, Section               obligation to fulfill the assigned
                                               statements pursuant to the National                     319).                                                 environmental responsibilities on any
                                               Environmental Policy Act of 1969, 42                      14. Coastal Barrier Resources Act, 16               proposed projects meeting the criteria in
                                               U.S.C. 4321 et seq. (NEPA). In addition,                U.S.C. 3501–3510.                                     Stipulation I(B) of the MOU that were
                                               this program allows the assignment of                     15. Coastal Zone Management Act, 16                 determined to be CEs prior to the
                                               other environmental review                              U.S.C. 1451–1465.                                     effective date of the proposed MOU but
                                               requirements applicable to these                          16. Safe Drinking Water Act (SDWA),                 that have not been completed as of the
                                               actions. The FHWA is authorized to act                  42 U.S.C. 300f–300j–6.                                effective date of the MOU. This is the
                                               on behalf of the Secretary with respect                   17. Rivers and Harbors Act of 1899, 33              proposed third renewal of the State’s
                                               to these matters. Through an amended                    U.S.C. 403.                                           participation in the program and
                                               MOU, FHWA would renew Utah’s                              18. Wild and Scenic Rivers Act, 16                  incorporate changes in the termination
                                               participation in this program for a third               U.S.C. 1271–1287.                                     process from the FAST Act. FHWA may
                                               time. The original MOU became                             19. Emergency Wetlands Resources                    terminate the State’s participation in
                                               effective on July 1, 2008, for an initial               Act, 16 U.S.C. 3921–3931.                             this program if FHWA provides the
                                               term of three (3) years and the first                     20. TEA–21 Wetlands Mitigation, 23                  State a notification of noncompliance,
                                               renewal followed on June 30, 2011 and                   U.S.C. 103(b)(6)(m), 133 (b)(11).                     and a period of not less than 120 days
                                               the second renewal followed on June 30,                   21. FHWA wetland and natural                        to take corrective action as FHWA
                                               2014. The proposed third MOU revision                   habitat mitigation regulations at 23 CFR              determines necessary, and if the state
                                               is set to supersede the second renewed                  part 777.                                             fails to take satisfactory corrective
                                               MOU prior to its expiration date on June                  22. Flood Disaster Protection Act, 42               action as determined by FHWA. In
                                               30, 2017. Stipulation I(B) of the MOU                   U.S.C. 4001–4128.                                     previous versions of the MOU the
                                                                                                         23. Section 4(f), 23 U.S.C. 138 and 49
                                               describes the types of actions for which                                                                      period for the State to take corrective
                                                                                                       U.S.C., 303.
                                               the State would assume project-level                                                                          action was 30 days.
                                                                                                         24. Land and Water Conservation
                                               responsibility for determining whether                                                                           The FHWA will consider the
                                                                                                       Fund (LWCF), 16 U.S.C. 4601–4604
                                               the criteria for a CE are met. Statewide                                                                      comments submitted on the proposed
                                                                                                       (known as section 6(f)).
                                               decision-making responsibility would                                                                          MOU when making its decision on
                                                                                                         25. Comprehensive Environmental
                                               be assigned for all activities within the                                                                     whether to execute this renewal MOU.
                                                                                                       Response, Compensation, and Liability
                                               categories listed in 23 CFR 771.117(c)                                                                        The FHWA will make the final,
                                                                                                       Act (CERCLA), 42 U.S.C. 9601–9675.
                                               and those listed as examples in 23 CFR                    26. Superfund Amendments and                        executed MOU publicly available.
                                               771.117(d). In addition to the NEPA CE                  Reauthorization Act of 1986 (SARA).                   (Catalog of Federal Domestic Assistance
                                               determination responsibilities, the MOU                   27. Resource Conservation and                       Program Number 20.205, Highway Planning
                                               would assign to the State the                                                                                 and Construction. The regulations
                                                                                                       Recovery Act (RCRA), 42 U.S.C. 6901–                  implementing Executive Order 12372
                                               responsibility for conducting Federal                   6992k.
                                               environmental review, consultation, and                                                                       regarding intergovernmental consultation on
                                                                                                         28. Planning and Environmental                      Federal programs and activities apply to this
                                               other related activities for projects that              Linkages, 23 U.S.C. 168, with the                     program.)
                                               are subject to the MOU with respect to                  exception of those FHWA
                                               the following Federal laws and                                                                                  Authority: 23 U.S.C. 326; 42 U.S.C. 4331,
                                                                                                       responsibilities associated with 23                   4332; 23 CFR 771.117; 40 CFR 1507.3,
                                               Executive Orders:                                       U.S.C. 134 and 135.
                                                  1. Clean Air Act (CAA), 42 U.S.C.                                                                          1508.4.
                                                                                                         29. Programmatic Mitigation Plans, 23
                                               7401–7671q (determinations of project-                  U.S.C. 169 with the exception of those                  Issued on: May 8, 2017.
                                               level conformity if required for the                    FHWA responsibilities associated with                 Ivan Marrero,
                                               project).                                               23 U.S.C. 134 and 135.                                Division Administrator, Salt Lake City, Utah.
                                                  2. Noise Control Act of 1972, 42                       30. Federal Actions to Address                      [FR Doc. 2017–09968 Filed 5–16–17; 8:45 am]
                                               U.S.C. 4901–4918.                                       Environmental Justice in Minority                     BILLING CODE 4910–22–P
                                                  3. Compliance with the noise                         Populations and Low Income
                                               regulations in 23 CFR 772.                              Populations; E.O. 11593, Protection and
                                                  4. Section 7 of the Endangered                                                                             DEPARTMENT OF TRANPORTATION
                                                                                                       Enhancement of Cultural Resources;
                                               Species Act of 1973, 16 U.S.C. 1531–
                                                                                                       E.O. 13007, Indian Sacred Sites; E.O.
                                               1544, and Section 1536.                                                                                       Federal Highway Administration
                                                  5. Fish and Wildlife Coordination Act,               13175, Consultation and Coordination
                                               16 U.S.C. 661–667d.                                     with Indian Tribal Governments; E.O.
                                                                                                                                                             Notice of Final Federal Agency Actions
                                                  6. Migratory Bird Treaty Act, 16                     13112, Invasive Species).
                                                                                                                                                             of Proposed Highway in California
                                               U.S.C. 703–712.                                           The MOU allows the State to act in
                                                  7. Section 106 of the National Historic              the place of the FHWA in carrying out                 AGENCY:  Federal Highway
                                               Preservation Act of 1966, as amended,                   the functions described above, except                 Administration (FHWA), DOT.
                                               54 U.S.C. 306101 et seq.                                with respect to government-to-                        ACTION: Notice of Limitation on Claims
                                                  8. Archeological and Historic                        government consultations with federally               for Judicial Review of Actions by the
                                               Preservation Act of 1966, as amended,                   recognized Indian tribes. The FHWA                    California Department of Transportation
                                               54 U.S.C. 3201.                                         will retain responsibility for conducting             (Caltrans), pursuant to 23 U.S.C. 327,
                                                  9. Archeological and Historic                        formal government-to-government                       and the United States National Park
                                               Preservation Act, 16 U.S.C. 469–469c.                   consultation with federally recognized                Service, Death Valley National Park
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                                                  10. American Indian Religious                        Indian tribes, which is required under                (NPS).
                                               Freedom Act, 42 U.S.C. 1996.                            some of the above-listed laws and
                                                  11. Native American Grave Protection                 executive orders. The State also may                  SUMMARY:   The FHWA, on behalf of
                                               and Repatriation Act, 25 U.S.C. 3001–                   assist the FHWA with formal                           Caltrans, is issuing this notice to
                                               3013; 18 U.S.C. 1170.                                   consultations, with consent of a tribe,               announce actions taken by Caltrans and
                                                  12. Farmland Protection Policy Act                   but the FHWA remains responsible for                  NPS, that are final. The actions relate to
                                               (FPPA), 7 U.S.C. 4201–4209.                             the consultation. This assignment                     a proposed highway project, State Route


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Document Created: 2017-05-17 01:42:05
Document Modified: 2017-05-17 01:42:05
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of proposed MOU, request for comments.
DatesComments must be received on or before June 16, 2017.
ContactFor FHWA: Mr. Edward Woolford, Environmental Program Manager, Federal Highway Administration, 2520 West 4700 South, Suite 9A, Salt Lake City, UT 84129; by email at [email protected] or by telephone at 801-955-3524. The FHWA Utah Division Office's normal business hours are 7 a.m. to 4:30 p.m. (Mountain), Monday-Friday, except for Federal Holidays. For State: Mr. Brandon Weston, Environmental Services Director, Utah Department of Transportation, 4501 South 4700 West, Salt Lake City, UT 84129; by email at [email protected] or by telephone at 801-965-4603. The Utah Department of Transportation's normal business hours are 8 a.m. to 5 p.m. (Mountain), Monday-Friday, except for State and Federal holidays.
FR Citation82 FR 22718 

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