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FHWA Notice of Limitation on Claims for Judicial Review - Texas Highway Projects

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Summary

The FHWA, on behalf of TxDOT, issued a notice of limitation on claims for judicial review for various highway projects in Texas. Claims seeking judicial review must be filed by August 14, 2026, or a shorter period if provided by law.

What changed

The Federal Highway Administration (FHWA), acting on behalf of the Texas Department of Transportation (TxDOT), has issued a notice of limitation on claims for judicial review concerning final agency actions on various highway projects in Texas. These actions, which grant licenses, permits, and approvals, are subject to 23 U.S.C. 139(l)(1). The notice specifies that any claim seeking judicial review of these Federal agency actions must be filed on or before August 14, 2026, unless a shorter statutory period applies.

This notice requires entities or individuals wishing to challenge the final agency actions related to these highway projects to initiate judicial review by the specified deadline. Failure to file a claim by August 14, 2026, will bar such claims. Regulated entities and interested parties should be aware of this deadline and consult legal counsel if they intend to pursue any judicial review of these environmental and project approvals. The notice also references the underlying environmental laws and regulations under which these actions were taken, including NEPA, Clean Air Act, Endangered Species Act, and National Historic Preservation Act.

What to do next

  1. Review the list of highway projects and associated final agency actions.
  2. Assess any potential claims for judicial review and ensure they are filed by August 14, 2026, or any shorter applicable statutory period.
  3. Consult legal counsel regarding any intent to pursue judicial review.

Source document (simplified)

Content

ACTION:

Notice of limitation on claims for judicial review.

SUMMARY:

The FHWA, on behalf of the Texas Department of Transportation (TxDOT), is issuing this notice to announce actions taken by
TxDOT and other Federal agencies that are final agency actions. The actions relate to various proposed highway projects in
the State of Texas. These actions grant licenses, permits, and approvals for the projects.

DATES:

By this notice, the FHWA, on behalf of TxDOT, is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1).
A claim seeking judicial review of the Federal Agency actions on the highway projects listed below will be barred unless the
claim is filed on or before August 14, 2026. If the Federal law that authorizes judicial review of a claim provides a time
period of less than 150 days for filing such a claim, then that shorter time period still applies.

FOR FURTHER INFORMATION CONTACT:

Patrick Lee, Environmental Affairs Division, Texas Department of Transportation, 125 East 11th Street, Austin, Texas 78701;
telephone: (512) 419-8604; email: Patrick.Lee@txdot.gov. TxDOT's normal business hours are 8 a.m. to 5 p.m. (Central Standard Time), Monday through Friday, except State holidays.

SUPPLEMENTARY INFORMATION:

The environmental review, consultation, and other actions required by applicable Federal environmental laws for these projects
are being, or have been, carried out by TxDOT pursuant to 23 U.S.C. 327 and a Memorandum of Understanding dated July 17, 2025,
and executed by the FHWA and TxDOT.

Notice is hereby given that TxDOT and Federal agencies have taken final agency actions by issuing licenses, permits, and approvals
for the highway projects in the State of Texas that are listed below.

The actions by TxDOT and Federal agencies and the laws under which such actions were taken are described in the Categorical
Exclusion (CE), Environmental Assessment (EA), or Environmental Impact Statement (EIS) issued in connection with the projects
and in other key project documents. The

  CE, EA, or EIS and other key documents for the listed projects are available by contacting the local TxDOT office at the address
  or telephone number provided for each project below.

This notice applies to all TxDOT and 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:

  1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321 et seq. ]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]; 23 CFR part 771.

  2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].

  3. Noise: Noise Control Act of 1972 [42 U.S.C. 4901-4918]; 23 CFR part 772.

  4. Land: Section 4(f) of the Department of Transportation Act of 1966 [23 U.S.C. 138 and 49 U.S.C. 303]; 23 CFR part 774; Land and
    Water Conservation Fund (LWCF) [54 U.S.C. 200302-200310]; Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319].

  5. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and 1536], Marine Mammal Protection Act [16 U.S.C. 1361-1423h]; Anadromous Fish
    Conservation Act [16 U.S.C. 757(a)-757(f)]; Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory Bird Treaty
    Act [16 U.S.C. 703-712]; Magnuson-Stevenson Fishery Conservation and Management Act of 1976, as amended [16 U.S.C. 1801-1891d],
    with Essential Fish Habitat requirements [16 U.S.C. 1855(b)(2)].

  6. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [54 U.S.C. 300101 et seq. ]; Archaeological Resources Protection Act of 1979 (ARPA) [16 U.S.C. 470(aa)-470(II)]; Preservation of Historical and Archaeological
    Data [54 U.S.C. 312501-312508]; Native American Grave Protection and Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013; 18 U.S.C.
    1170].

  7. 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]; Farmland
    Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].

  8. Wetlands and Water Resources: Clean Water Act 33 U.S.C. 1251-1377; Coastal Barriers Resources Act (CBRA) [16 U.S.C.
    3501-3510]; Coastal Zone Management Act (CZMA) [16 U.S.C. 1451-1466];; Safe Drinking Water Act (SDWA) [42 U.S.C. 300f-300j—26];
    Rivers and Harbors Act of 1899 [33 U.S.C. 401-406]; Wild and Scenic Rivers Act [16 U.S.C. 1271-1287]; Emergency Wetlands Resources
    Act [16 U.S.C. 3921, 3931]; Wetlands Mitigation, [23 U.S.C. 119(g) and 133(b)(3)]; Flood Disaster Protection Act [42 U.S.C.
    4001-4130].

  9. Hazardous Materials: Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) [42 U.S.C. 9601-9675]; Superfund Amendments
    and Reauthorization Act of 1986 (SARA); Resource Conservation and Recovery Act (RCRA) [42 U.S.C. 6901-6992(k)].

  10. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; 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. 13112 Invasive Species.

The projects subject to this notice are:

  1. RM 2243 from SW Bypass to I-35, Williamson County, Texas. The project will widen RM 2243 from a 2-lane to a 4-lane roadway
    with a raised median and dedicated turn lanes from SW Bypass to Norwood Drive and will add bicycle and pedestrian improvements
    from SW Bypass to I-35. The project is approximately 1.8 miles in length. The actions by TxDOT and Federal agencies and the
    laws under which such actions were taken are described in the Categorical Exclusion Determination issued on December 9, 2025,
    and other documents in the TxDOT project file. The Categorical Exclusion Determination and other documents in the TxDOT project
    file are available by contacting the TxDOT Austin District Office at 7901 North I-35, Austin, TX 78753; telephone: (512) 832-7000.

  2. FM 1570, from SH 66 to SH 34, Hunt County, Texas. The project includes roadway and drainage improvements for approximately
    5.8 miles along FM 1570 in Greenville, Texas. The project will reconstruct the existing two-lane rural roadway to a four-lane
    roadway with curb and gutter and a two-way left turn lane. A continuous 8-foot-wide shared-use path will be constructed on
    both sides of the roadway. The actions by TxDOT and Federal agencies and the laws under which such actions were taken are
    described in the Categorical Exclusion Determination issued on December 17, 2025, and other documents in the TxDOT project
    file. The Categorical Exclusion Determination and other documents in the TxDOT project file are available by contacting the
    TxDOT Paris District Office at 3500 SW Loop 286 Paris, TX 75460; telephone: (903) 737-9300.

  3. US 87, from 2 miles north of the Glasscock County line to 0.45 mile south of the Howard County line, Howard and Glasscock
    Counties, Texas. The project will construct a four-lane divided roadway with frontage roads and diamond interchanges with
    turnarounds at FM 821, FM 461 W and FM 461 E. The mainlanes will be 12 feet wide with 10-foot-wide inside and outside shoulders.
    One-way two-lane frontage roads will be constructed on each side of the roadway separated by a clear zone width of approximately
    72 feet. Frontage road lanes will be 12 feet wide with 4-foot-wide inside and 10-foot-wide outside shoulders. Frontage roads
    will be built first and the remaining elements completed later. The length of the project is approximately 2.45 miles. The
    actions by TxDOT and Federal agencies and the laws under which such actions were taken are described in the Categorical Exclusion
    Determination issued on December 17, 2025, and other documents in the TxDOT project file. The Categorical Exclusion Determination
    and other documents in the TxDOT project file are available by contacting the TxDOT Abilene District Office at 4250 N. Clack,
    Abilene, TX 79601; telephone: (325) 676-6800.

  4. US 59 from 0.75 mile south of FM 1686 to 1.32 mile north of FM 1686, Victoria County, Texas. The project will replace the
    parallel bridge structures and approaches on US 59 over Skytop Rd., BU 59, and the Kansas City Southern railway in Telferner,
    just east of Victora. Both the northbound and southbound bridges will carry four 12-foot travel lanes with 12-foot outside
    and inside shoulders. Northbound and southbound main lanes will consist of three 12-foot travel lanes with 12-foot shoulders
    on each side. Northbound and southbound frontage roads will consist of two 12-foot travel lanes with a 10-foot outside shoulder
    and four-foot inside shoulder. The project will also involve realignment of US 59 in some places and adjustments to turnarounds.
    The total project length is approximately 2.38 miles. The actions by TxDOT and Federal agencies and the laws under which such
    actions were taken are described in the Categorical Exclusion Determination issued on December 17, 2025, and other documents
    in the TxDOT project file. The Categorical Exclusion Determination and other documents in the TxDOT project file are available
    by contacting the TxDOT Yoakum District Office at 403 Huck St., Yoakum, TX 77995; telephone: (361) 293-4300.

  5. Bentson Road, from FM 676 to FM 1924, Hidalgo County, Texas. The

    project will widen the existing two-lane rural Bentsen Roadway. The project will include the addition of two northbound lanes,
    two southbound lanes, and a continuous left turn lane with curb, gutter, and an underground drainage system to improve the
    drainage of Bentsen Road. The length of the project is approximately two miles. The actions by TxDOT and Federal agencies
    and the laws under which such actions were taken are described in the Categorical Exclusion Determination issued on January
    6, 2026, and other documents in the TxDOT project file. The Categorical Exclusion Determination and other documents in the
    TxDOT project file are available by contacting the TxDOT Pharr District Office at 600 West I-2, Pharr, TX 78577; telephone:
    (956) 702-6101.

  6. FM 1015, from SH 107 to Mile 12 Road, Hidalgo County, Texas. The project will widen FM 1015 to a four-lane roadway. The
    roadway will consist of four 12-foot travel lanes (two in each direction), a 14-foot center left-turn lane, and 10-foot outside
    shoulders. In addition there will be a 10-foot shared use path on the east side of FM 1015, a six-foot sidewalk on the west
    side of FM 1015, and flashing beacons and pedestrian crosswalks at key intersections. The actions by TxDOT and Federal agencies
    and the laws under which such actions were taken are described in the Categorial Exclusion Determination issued on February
    2, 2026, and other documents in the TxDOT project file. The Categorical Exclusion Determination and other documents in the
    TxDOT project file are available by contacting the TxDOT Pharr District Office at 600 W. Interstate 2, Pharr, TX 78577; telephone:
    (956) 702-6101.

  7. Old Alice Road, from 0.2 mile south of Sports Park Boulevard to SH 100, Cameron County, Texas. The project will reconstruct
    and widen the existing two lane rural Old Alice Road to a four-lane divided urban roadway with shoulders and sidewalks. In
    addition, the project will replace the existing bridge that spans a drainage ditch and replace several culverts within the
    project limits. The project length is approximately 4.9 miles. The actions by TxDOT and Federal agencies and the laws under
    which such actions were taken are described in the Categorical Exclusion Determination issued on February 17, 2026, and other
    documents in the TxDOT project file. The Categorical Exclusion Determination and other documents in the TxDOT project file
    are available by contacting the TxDOT Pharr District Office at 600 W Interstate 2, Pharr, Texas 78577; telephone: (956) 702-6101.

  8. Nuevo Hueco Tanks Road, from FM 76 to SH 20, El Paso County, Texas. The project will extend Nuevo Hueco Tanks Road from
    FM 76 to SH 20 in the City of Socorro. From FM 76 to Ysla Lateral Crossing, the project will construct a new roadway consisting
    of four 12-foot travel lanes, a 16-foot-wide raised median, and a 10-foot-wide shared use path on each side of the roadway.
    From the Ysla Lateral Crossing to SH 20, Nuevo Hueco Tanks Road will continue along the existing Nevarez Road alignment and
    will consist of four 11-foot travel lanes, a 16-foot raised median, and a 10-foot shared use path on each side of the roadway.
    The actions by TxDOT and Federal agencies and the laws under which such actions were taken are described in the Categorical
    Exclusion Determination issued on February 23, 2026, and other documents in the TxDOT project file. The Categorical Exclusion
    Determination and other documents in the TxDOT project file are available by contacting the TxDOT El Paso District Office
    at 13301 Gateway West, El Paso, Texas 79928; telephone: (915) 790-4341.

  9. RM 620 from south of Foundation Road to Little Elm Trail, Travis and Williamson Counties, Texas. The project will construct
    an overpass that will function as a bypass lane in each direction through the Anderson Mill Road and El Salido Parkway intersections.
    The project is approximately 1.2 miles in length. The actions by TxDOT and Federal agencies and the laws under which such
    actions were taken are described in the Final EA, the Finding of No Significant Impact (FONSI) issued on February 10, 2026,
    and other documents in the TxDOT project file. The EA, FONSI and other documents in the TxDOT project file are available by
    contacting the TxDOT Austin District Office at 7901 North I-35, Austin, TX 78753; telephone: 512-832-7000.

(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. 139(l)(1)).

Issued on: March 12, 2026. Ed Burgos-Gomez, Acting Director Program Development, Federal Highway Administration. [FR Doc. 2026-05154 Filed 3-16-26; 8:45 am] BILLING CODE 4910-RY-P

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Classification

Agency
FHWA
Compliance deadline
August 14th, 2026 (149 days)
Instrument
Notice
Legal weight
Binding
Stage
Final
Change scope
Substantive

Who this affects

Applies to
Government agencies Transportation companies
Geographic scope
State (Texas)

Taxonomy

Primary area
Transportation
Operational domain
Legal
Topics
Environmental Law Administrative Law

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