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Notice of Final Federal Agency Actions on Sterling Highway Milepost 45 to 60 Project in Alaska

American Government Special Collections Reference Desk

American Government

Notice of Final Federal Agency Actions on Sterling Highway Milepost 45 to 60 Project in Alaska

Sandra A. Garcia-Aline
Federal Highway Administration
8 June 2018

[Federal Register Volume 83, Number 111 (Friday, June 8, 2018)]
[Pages 26741-26742]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-12342]



Federal Highway Administration

Notice of Final Federal Agency Actions on Sterling Highway 
Milepost 45 to 60 Project in Alaska

AGENCY: Federal Highway Administration (FHWA), DOT.

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


SUMMARY: This notice announces actions taken by FWHA that are final. 
The actions relate to the proposed Sterling Highway Milepost 45-60 
Project in the Kenai Peninsula Borough in the State of Alaska. Those 
actions grant approvals for the project.

DATES: By this notice, FHWA is advising the public of final agency 
actions subject to 23 U.S.C. 139(l). A claim seeking judicial review of 
FHWA actions on the highway project will be barred unless the claim is 
filed on or before November 5, 2018. 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 applies.

FOR FURTHER INFORMATION CONTACT: John Lohrey, Planner, Federal Highway 
Administration, Alaska Division, 709 West 9th Street, Room 851, Juneau, 
AK 99802, telephone (907) 586-7418; email: John.Lohrey@dot.gov. The 
FHWA Alaska Division Office's normal business hours are 8:00 a.m. to 
5:00 p.m. (Alaska Time), Monday through Friday, except Federal 
holidays. You may also contact Kelly Summers, P.E., Project Manager, 
Alaska Department of Transportation and Public Facilities, Central 
Region, P.O. Box 196900, Anchorage, AK 99519-6900, telephone (907) 465-
0542; email: Kelly.Summers@alaska.gov. The DOT&PF Central Region's 
normal business hours are 8:00 a.m. to 4:30 p.m. (Alaska Time), Monday 
through Friday, except State and Federal holidays.

SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has taken 
final agency action subject to 23 U.S.C. 139(l) by issuing approvals 
for the Sterling Highway Milepost 45 to 60 Project in the State of 
Alaska, project number F-021-2(15)/53014. The selected route is the 
Juneau Creek Alternative. The route passes north of the community of 
Cooper Landing and remains north of the Kenai River throughout. From 
Quartz Creek Road near MP 45, the alternative will result in 
reconstruction of the existing Sterling Highway for approximately two 
miles, will diverge and will result in a newly constructed highway for 
approximately 10 miles (with a new bridge over Juneau Creek Canyon), 
and will join and reconstruct the existing alignment again for 
approximately 2.5 miles to an intersection with Skilak Loop Rd. near MP 
    The actions by the Federal agencies, and the law under which such 
actions were taken, are described in the Final Environmental Impact 
Statement and Final Section 4(f) Evaluation (Final EIS) for the 
project, approved March 7, 2018, and in the FHWA Record of Decision 
(ROD) issued on May 31, 2018. The Final EIS and ROD approved by FHWA 
are available on the project website: http://sterlinghighway.net and 
may be viewed at the FHWA and DOT&PF addresses provided above.
    This Notice applies to all Federal Agency decisions as of the 
issuance date of this notice and to all laws under which such actions 
were taken, including but not limited to:
    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 
4321-4335]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]; 
Alaska National Interest Lands Conservation Act of 1980 (ANILCA) [16 
U.S.C. 3164].
    2. Air: Clean Air Act [42 U.S.C. 7401-7671(q)].
    3. Land: Section 4(f) of the Department of Transportation Act of 
1966, as amended [49 U.S.C. 303]; ANILCA Title XI (Conservation System 
Units) [16 U.S.C. Ch. 58, Subchapter IV, Section 3161 et seq]; National 
Wildlife Refuge System Administration Act [16 U.S.C. 668dd].

[[Page 26742]]

    4. Fish and Wildlife: Endangered Species Act [16 U.S.C. 1531-1544]; 
Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory 
Bird Treaty Act [16 U.S.C. 703-712]; Bald and Golden Eagle Protection 
Act [16 U.S.C. 668-668d]; Magnuson-Steven Fishery Conservation and 
Management Act/Sustainable Fisheries Act [16 U.S.C. 1801 et seq.].
    5. Historic and Cultural Resources: Section 106 of the National 
Historic Preservation Act of 1966, as amended [16 U.S.C. 470(f) et 
seq.]; Archeological Resources Protection Act of 1977 [16 U.S.C. 
470(aa)-470(ll)]; Archeological and Historic Preservation Act [16 
U.S.C. 469-469(c)]; Native American Graves Protection and Repatriation 
Act (NAGPRA) [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]; ANILCA Title VIII, Section 810 (Subsistence) [16 U.S.C. 3120; 
Uniform Relocation and Real Property Acquisition Act [42 U.S.C 4601 et 
    7. Wetlands and Water Resources: Safe Drinking Water Act [42 U.S.C. 
300(f)-300(j)(6)]; Emergency Wetlands Resources Act, [16 U.S.C. 3921, 
3931]; Flood Disaster Protection Act [42 U.S.C. 4001-4128].
    8. 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. 13112 Invasive Species; E.O. 13168 Responsibilities of 
Federal Agencies to Protect Migratory Birds.

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

    Issued on: June 1, 2018.
Sandra A. Garcia-Aline,
Federal Highway Administration, Alaska Division Administrator, Juneau.
[FR Doc. 2018-12342 Filed 6-7-18; 8:45 am]

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