Notice of Final Federal Agency Actions on Proposed Highways in Colorado, 10430-10431 [2017-02660]

Download as PDF 10430 Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices of State, 2201 C St. NW., Suite 4422, Washington, DC 20520. Richard W. Westerdale II, Director, Energy Resources Bureau, Energy Governance and Access, Policy Analysis and Public Diplomacy (ENR/EGA/PAPD), Bureau of Energy Resources, Department of State. mstockstill on DSK3G9T082PROD with NOTICES Presidential Memorandum Regarding Construction of the Keystone XL Pipeline MEMORANDUM FOR THE SECRETARY OF STATE, THE SECRETARY OF THE ARMY, THE SECRETARY OF THE INTERIOR SUBJECT: Construction of the Keystone XL Pipeline Section 1. Policy. In accordance with Executive Order 11423 of August 16, 1968, as amended, and Executive Order 13337 of April 30, 2004, the Secretary of State has delegated authority to receive applications for Presidential permits for the construction, connection, operation, or maintenance, at the borders of the United States, of facilities for the exportation or importation of petroleum, petroleum products, coal, or other fuels to or from a foreign country, and to issue or deny such Presidential permits. As set forth in those Executive Orders, the Secretary of State should issue a Presidential permit for any cross-border pipeline project that ‘‘would serve the national interest.’’ Accordingly, pursuant to the authority vested in me as President by the Constitution and the laws of the United States of America, I hereby direct as follows: Sec. 2. Invitation to Submit an Application. I hereby invite TransCanada Keystone Pipeline, L.P. (TransCanada), to promptly resubmit its application to the Department of State for a Presidential permit for the construction and operation of the Keystone XL Pipeline, a major pipeline for the importation of petroleum from Canada to the United States. Sec. 3. Directives. (a) Department of State. The Secretary of State shall, if the application referred to in section 2 is submitted, receive the application and take all actions necessary and appropriate to facilitate its expeditious review. With respect to that review, I hereby direct as follows: (i) The Secretary of State shall reach a final permitting determination, including a final decision as to any conditions on issuance of the permit that are necessary or appropriate to serve the national interest, within 60 days of TransCanada’s submission of the permit application. (ii) To the maximum extent permitted by law, the Final Supplemental Environmental Impact Statement issued by the Department of State in January 2014 regarding the Keystone XL Pipeline (Final Supplemental EIS) and the environmental analysis, consultation, and review described in that document (including appendices) shall be considered by the Secretary of State to satisfy the following with respect to the Keystone XL Pipeline as described in TransCanada’s permit application to the Department of State of May 4, 2012: (A) all applicable requirements of the National Environmental Policy Act of 1969, 42 U.S.C. 4321 et seq.; and VerDate Sep<11>2014 18:35 Feb 09, 2017 Jkt 241001 (B) any other provision of law that requires executive department consultation or review (including the consultation or review required under section 7(a) of the Endangered Species Act of 1973, 16 U.S.C. 1536(a)). (iii) To the maximum extent permitted by law, any Federal permit or authorization issued before the date of this memorandum for the Keystone XL Pipeline shall remain in effect until the completion of the project. (iv) The agency notification and fifteen-day delay requirements of sections 1(g), 1(h), and 1(i) of Executive Order 13337 are hereby waived on the basis that, under the circumstances, observance of these requirements would be unnecessary, unwarranted, and a waste of resources. (b) Department of the Army. The Secretary of the Army shall, if the application referred to in section 2 is submitted and a Presidential permit issued, instruct the Assistant Secretary of the Army for Civil Works and the U.S. Army Corps of Engineers, including the Commanding General and Chief of Engineers, to take all actions necessary and appropriate to review and approve as warranted, in an expedited manner, requests for authorization to utilize Nationwide Permit 12 under section 404(e) of the Clean Water Act, 33 U.S.C. 1344(e), with respect to crossings of the ‘‘waters of the United States’’ by the Keystone XL Pipeline, to the maximum extent permitted by law. (c) Department of the Interior. The Secretary of the Interior, as well as the Directors of the Bureau of Land Management and the United States Fish and Wildlife Service, shall, if the application referred to in section 2 is submitted and a Presidential permit issued, take all steps necessary and appropriate to review and approve as warranted, in an expedited manner, requests for approvals related to the Keystone XL Pipeline, to the maximum extent permitted by law, including: (i) requests for grants of right-of-way and temporary use permits from the Bureau of Land Management; (ii) requests under the United States Fish and Wildlife Service’s regulations implementing the Migratory Bird Treaty Act, 16 U.S.C. 703 et seq.; and (iii) requests for approvals or other relief related to other applicable laws and regulations. (d) Publication. The Secretary of State shall promptly provide a copy of this memorandum to the Speaker of the House of Representatives, the President pro tempore of the Senate, the Majority Leader of the Senate, and the Governors of each State located along the Keystone XL Pipeline route as described in TransCanada’s application of May 4, 2012. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. (e) Private Property. Nothing in this memorandum alters any Federal, State, or local process or condition in effect on the date of this memorandum that is necessary to secure access from an owner of private property to construct the pipeline and crossborder facilities described herein. Land or an interest in land for the pipeline and crossborder facilities described herein may only be acquired consistently with the Constitution and applicable State laws. PO 00000 Frm 00103 Fmt 4703 Sfmt 4703 Sec. 4. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. Donald J. Trump [FR Doc. 2017–02740 Filed 2–9–17; 8:45 am] BILLING CODE 4710–AE–P DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Actions on Proposed Highways in Colorado Federal Highway Administration (FHWA), DOT. ACTION: Notice of limitation on claims for judicial review of actions by FHWA and other Federal agencies. AGENCY: This notice announces actions taken by FHWA and other Federal agencies related to the Central 70 project in Denver and Aurora, Colorado, that are final within the meaning of 23 U.S.C. 139(l)(1). DATES: By this notice, FHWA is advising the public of final agency actions subject to the statute of limitations in 23 U.S.C. 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 July 10, 2017. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Chris Horn, Senior Area Engineer, Federal Highway Administration Colorado Division, 12300 W. Dakota Avenue, Lakewood, CO 80228, 720– 963–3017, Chris.Horn@dot.gov, normal business hours are 7:00 a.m. to 3:30 p.m. (Mountain time); or Vanessa Henderson, I–70 East Environmental Manager, Colorado Department of Transportation, 2000 South Holly Street, Denver, CO 80222, 303–512–5902, vanessa.henderson@state.co.us, normal SUMMARY: E:\FR\FM\10FEN1.SGM 10FEN1 mstockstill on DSK3G9T082PROD with NOTICES Federal Register / Vol. 82, No. 27 / Friday, February 10, 2017 / Notices business hours are 7:00 a.m. to 4:30 p.m. (Mountain time). SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other agencies have taken final agency action within in the meaning of 23 U.S.C. 139(l)(1) by approving the Central 70 highway project in the State of Colorado in the Record of Decision issued January 19, 2017. Project Overview: I–70 between I–25 and Chambers Road is one of Colorado’s economic backbones. The corridor is home to 1,200 businesses, connecting the region to Denver International Airport and carrying upwards of 200,000 vehicles per day. The purpose of the project is to implement a transportation solution that improves safety, access, and mobility and addresses congestion on I–70 in the project area. The Central 70 project proposes to reconstruct and improve a 10-mile stretch of I–70, which will include adding one new express lane in each direction, removing the interstate from an aging viaduct and placing it below grade, and constructing a fouracre cover over a portion of the lowered section. The actions by the Federal agencies on the project, and the laws under which such actions were taken, are described in the I–70 East from I–25 to Tower Road Final Environmental Impact Statement (FEIS) and Section 4(f) Evaluation signed on December 18, 2015, in the Central 70 Record of Decision (ROD) signed January 19, 2017, and in other key project documents. The FEIS, ROD, and other key documents for the project are available by contacting FHWA or the Colorado Department of Transportation at the addresses provided above. The EIS and ROD documents can be viewed and downloaded from the project Web sites at www.I-70east.com. This notice applies to all Federal agency decisions, actions, approvals, licenses, and permits on the project as of the issuance date of this notice, including but not limited to those arising under the following laws: 1. General: National Environmental Policy Act [42 U.S.C. 4321–4370h]; Federal-Aid Highway Act [23 U.S.C. 109]. 2. Air: Clean Air Act [42 U.S.C. 7401– 7671(q)] (transportation conformity). 3. Land: Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303]; Section 6(f) of the Land and Water Conservation Fund Act of 1965 [16 U.S.C. 4601]; 4. Wildlife: Endangered Species Act [16 U.S.C. 1531–1544]; Fish and Wildlife Coordination Act [16 U.S.C. 661–667(e)]; Migratory Bird Treaty Act [16 U.S.C. 703–712]. VerDate Sep<11>2014 18:35 Feb 09, 2017 Jkt 241001 5. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966 [54 U.S.C. 306108]); Archaeological Resources Protection Act of 1977 [16 U.S.C. 470aa– 470mm]; Archaeological and Historic Preservation Act [16 U.S.C. 469–469c– 2]; Native American Grave Protection and Repatriation Act [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]; the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 [42 U.S.C. 61]. 7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251–1387] (Section 404, Section 401, Section 319); Land and Water Conservation Fund Act [16 U.S.C. 460l–4–460l–11]; Safe Drinking Water Act [42 U.S.C. 300f– 300j–9.]; Rivers and Harbors Act of 1899 [33 U.S.C. 401–406]; Transportation Equity Act for the 21st Century (TEA– 21) [23 U.S.C. 103(b)(6)(m), 133(b)(11)] (wetlands mitigation banking); Flood Disaster Protection Act of 1973 [42 U.S.C. 4001–4129]. 8. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act [42 U.S.C. 9601–9675]; Superfund Amendments and Reauthorization Act of 1986 [Pub. L. 99–499]; Resource Conservation and Recovery Act [42 U.S.C. 6901–6992(k)]. 9. 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. Authority: 23 U.S.C. 139(l)(1). Issued on: January 20, 2017. John M. Cater, Division Administrator, Lakewood, Colorado. [FR Doc. 2017–02660 Filed 2–9–17; 8:45 am] BILLING CODE 4910–22–P PO 00000 Frm 00104 Fmt 4703 Sfmt 4703 10431 DEPARTMENT OF VETERANS AFFAIRS Geriatrics and Gerontology Advisory Committee; Notice of Meeting The Department of Veterans Affairs (VA) gives notice under the Federal Advisory Committee Act, 5 U.S.C. App. 2, that a meeting of the Geriatrics and Gerontology Advisory Committee will be held on April 4–5, 2017, in Room 630 on the 4th and in Room 530 on the 5th at the Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC. On April 4th, the session will begin at 8:30 a.m. and end at 5 p.m. On April 5th, the session will begin at 8 a.m. and end at 12 noon. This meeting is open to the public. The purpose of the Committee is to provide advice to the Secretary of VA and the Under Secretary for Health on all matters pertaining to geriatrics and gerontology. The Committee assesses the capability of VA health care facilities and programs to meet the medical, psychological, and social needs of older Veterans and evaluates VA programs designated as Geriatric Research, Education, and Clinical Centers. The meeting will feature presentations and discussions on VA’s geriatrics and extended care programs, aging research activities, updates on VA’s employee staff working in the area of geriatrics (to include training, recruitment and retention approaches), Veterans Health Administration (VHA) strategic planning activities in geriatrics and extended care, recent VHA efforts regarding dementia and program advances in palliative care, and performance and oversight of VA Geriatric Research, Education, and Clinical Centers. No time will be allocated at this meeting for receiving oral presentations from the public. Interested parties should provide written comments for review by the Committee to Mrs. Alejandra Paulovich, Program Analyst, Geriatrics and Extended Care Services (10P4G), Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, or via email at Alejandra.Paulovich@va.gov. Because the meeting is being held in a government building, a photo I.D. must be presented at the Guard’s Desk as a part of the clearance process. Due to an increase in security protocols, and in order to prevent delays in clearance processing, you should allow an additional 30 minutes before the meeting begins. Individuals who wish to attend the meeting should contact Mrs. Paulovich at (202) 461–6016. E:\FR\FM\10FEN1.SGM 10FEN1

Agencies

[Federal Register Volume 82, Number 27 (Friday, February 10, 2017)]
[Notices]
[Pages 10430-10431]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-02660]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Proposed Highways in 
Colorado

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice of limitation on claims for judicial review of actions 
by FHWA and other Federal agencies.

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SUMMARY: This notice announces actions taken by FHWA and other Federal 
agencies related to the Central 70 project in Denver and Aurora, 
Colorado, that are final within the meaning of 23 U.S.C. 139(l)(1).

DATES: By this notice, FHWA is advising the public of final agency 
actions subject to the statute of limitations in 23 U.S.C. 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 
July 10, 2017. If the Federal law that authorizes judicial review of a 
claim provides a time period of less than 150 days for filing such 
claim, then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT: Chris Horn, Senior Area Engineer, 
Federal Highway Administration Colorado Division, 12300 W. Dakota 
Avenue, Lakewood, CO 80228, 720-963-3017, Chris.Horn@dot.gov, normal 
business hours are 7:00 a.m. to 3:30 p.m. (Mountain time); or Vanessa 
Henderson, I-70 East Environmental Manager, Colorado Department of 
Transportation, 2000 South Holly Street, Denver, CO 80222, 303-512-
5902, vanessa.henderson@state.co.us, normal

[[Page 10431]]

business hours are 7:00 a.m. to 4:30 p.m. (Mountain time).

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA and other 
agencies have taken final agency action within in the meaning of 23 
U.S.C. 139(l)(1) by approving the Central 70 highway project in the 
State of Colorado in the Record of Decision issued January 19, 2017. 
Project Overview: I-70 between I-25 and Chambers Road is one of 
Colorado's economic backbones. The corridor is home to 1,200 
businesses, connecting the region to Denver International Airport and 
carrying upwards of 200,000 vehicles per day. The purpose of the 
project is to implement a transportation solution that improves safety, 
access, and mobility and addresses congestion on I-70 in the project 
area. The Central 70 project proposes to reconstruct and improve a 10-
mile stretch of I-70, which will include adding one new express lane in 
each direction, removing the interstate from an aging viaduct and 
placing it below grade, and constructing a four-acre cover over a 
portion of the lowered section. The actions by the Federal agencies on 
the project, and the laws under which such actions were taken, are 
described in the I-70 East from I-25 to Tower Road Final Environmental 
Impact Statement (FEIS) and Section 4(f) Evaluation signed on December 
18, 2015, in the Central 70 Record of Decision (ROD) signed January 19, 
2017, and in other key project documents. The FEIS, ROD, and other key 
documents for the project are available by contacting FHWA or the 
Colorado Department of Transportation at the addresses provided above. 
The EIS and ROD documents can be viewed and downloaded from the project 
Web sites at www.I-70east.com.
    This notice applies to all Federal agency decisions, actions, 
approvals, licenses, and permits on the project as of the issuance date 
of this notice, including but not limited to those arising under the 
following laws:
    1. General: National Environmental Policy Act [42 U.S.C. 4321-
4370h]; Federal-Aid Highway Act [23 U.S.C. 109].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)] (transportation 
conformity).
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966 [49 U.S.C. 303]; Section 6(f) of the Land and Water Conservation 
Fund Act of 1965 [16 U.S.C. 4601];
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; Fish and 
Wildlife Coordination Act [16 U.S.C. 661-667(e)]; 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 [54 U.S.C. 306108]); Archaeological 
Resources Protection Act of 1977 [16 U.S.C. 470aa-470mm]; 
Archaeological and Historic Preservation Act [16 U.S.C. 469-469c-2]; 
Native American Grave Protection and Repatriation Act [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]; the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 [42 U.S.C. 61].
    7. Wetlands and Water Resources: Clean Water Act [33 U.S.C. 1251-
1387] (Section 404, Section 401, Section 319); Land and Water 
Conservation Fund Act [16 U.S.C. 460l-4-460l-11]; Safe Drinking Water 
Act [42 U.S.C. 300f-300j-9.]; Rivers and Harbors Act of 1899 [33 U.S.C. 
401-406]; Transportation Equity Act for the 21st Century (TEA-21) [23 
U.S.C. 103(b)(6)(m), 133(b)(11)] (wetlands mitigation banking); Flood 
Disaster Protection Act of 1973 [42 U.S.C. 4001-4129].
    8. Hazardous Materials: Comprehensive Environmental Response, 
Compensation, and Liability Act [42 U.S.C. 9601-9675]; Superfund 
Amendments and Reauthorization Act of 1986 [Pub. L. 99-499]; Resource 
Conservation and Recovery Act [42 U.S.C. 6901-6992(k)].
    9. 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.

    Authority: 23 U.S.C. 139(l)(1).

    Issued on: January 20, 2017.
John M. Cater,
Division Administrator, Lakewood, Colorado.
[FR Doc. 2017-02660 Filed 2-9-17; 8:45 am]
BILLING CODE 4910-22-P