BTCR IS A FEDERAL AID HIGHWAY FOR WHICH FHWA GRANTED FUNDS UNDER THE HSIP PROGRAM SINCE 2010 P59 A. The term “Federal-aid highway” means a public highway eligible for assistance under this chapter other than a highway functionally classified as a local road or rural minor collector. B. BTCR construction is a federal aid highway A. 23 USC 101 (a) (6) B. Id. at P52 above; A. Undisputed B. Disputed.

The Secretary must exercise his judgment and choice in determining whether to approve and fund a state highway construction project and/or safety program because the “statutes and regulations at issue [i.e., the Federal-Aid Highway Act 3 Under the Federal-Aid Highway Act, the term “State” means “any of the 50 states, the District of Columbia or Puerto Rico.” 23 U.S.C. § 101(a)(26). Case 2:16-cv-08351-SRC-CLW Document 5-1 Filed 01/23/17 Page 18 of 24 PageID: 32 14 and Highway Safety Act] fail to provide a fixed or readily ascertainable standard.”

In fact, the Federal Highway Act separately defines those roads under the jurisdiction of the Forest Service. 23 U.S.C. § 101(a)(8) (“Forest development roads and trails.--The term “forest development roads and trails” means forest roads and trails under the jurisdiction of the Forest Service.”)

BHUSD’s claims are barred by the applicable 180-day statute of repose. Recognizing the urgent need to “preserve and enhance the surface transportation system to meet the needs of the United States for the 21st Century” (23 U.S.C § 101 (3)(A)), Congress has imposed a short limitations period within which transportation projects involving the FTA can be challenged. 23 U.S.C. § 139(l).

9 This Court should not approve FHWA’s complete rejection of the regional population and employment forecasts prepared by the MPOs responsible under law for preparing such forecasts. Allowing FHWA to entirely disregard MPO planning would frustrate the transportation planning process required by Congress in the Federal-Aid Highway Act, 23 U.S.C. 101 et seq. MPOs are intended to be the agencies responsible for regional transportation planning.

CMAP and NIRPC, as the two primary MPOs in the region, also participated in the EIS process. MPOs are required under the Federal Aid-Highway Act, 23 U.S.C. § 101 et seq., to develop long-range regional transportation plans to meet forecasted population, employment and traffic needs. 23 U.S.C. § 134(c); 23 C.F.R. § 450.

§§ 7-329a to 7-329u (port authorities enabling statute): § 7-329b(4)............................................................................................................................ 46 § 7-329c(10).....................................................................................................................46-47 § 7-329i ......................................................................................................................46, 47-48 Conn. Gen. Stat. §§ 42-110a et seq. (Conn. Unfair Trade Practices Act) (“CUTPA”) .................... 50 Case 3:03-cv-00599-CFD Document 181 Filed 09/22/2006 Page 5 of 76 {NY005956;1} v Federal-Aid Highway Act of 1956, as amended, 23 U.S.C. § 101 et seq. 23 U.S.C. § 129(c)(4)............................................................................................................ 39 23 U.S.C. § 129(a)(3)............................................................................................................ 39 Maritime Transportation Security Act of 2002, Pub.