Notice of Final Federal Agency Actions on Transportation Project in Washington State

Daniel M. Mathis
Federal Highway Administration
3 May 2016

[Federal Register Volume 81, Number 85 (Tuesday, May 3, 2016)]
[Notices]
[Pages 26618-26619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-10284]


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DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Notice of Final Federal Agency Actions on Transportation Project 
in Washington State

AGENCY: Federal Highway Administration (FHWA), Department of 
Transportation (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 the FHWA and other 
Federal agencies that are final within the meaning of 23 U.S.C. 
139(l)(1). The actions relate to the I-5 interchange with NW., 319th 
Street/La Center Road (La Center Interchange Improvements) Project in 
the State of Washington. The action by FHWA is the Record of Decision 
(ROD) that selects improvements to the I-5 La Center Interchange as 
traffic mitigation measures for construction of the Cowlitz Reservation 
Development. The Cowlitz Reservation Development was the subject of the 
Bureau of Indian Affairs (BIA) ROD of April 2013. Actions by other 
Federal agencies include issuing amendments to previously issued 
permits.

DATES: By this notice, FHWA 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 listed highway project will be 
barred unless the claim is filed on or before September 30, 2016. 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: For FHWA, contact Liana Liu, Area 
Engineer, North Central and South Central Region, Federal Highway 
Administration, 711 South Capital Way, Suite 501, Olympia, WA 98501-
0943, telephone at 360-753-9553, or via email at Liana.Liu@dot.gov. 
Regular office hours are from 8:00 a.m. to 4:30 p.m., p.t., Monday 
through Friday, except Federal holidays. For Washington State 
Department of Transportation (WSDOT),

[[Page 26619]]

contact Barb Aberle, Environmental Manager, Southwest Region, 
Washington State Department of Transportation, 11018 NE 51st Circle, 
Vancouver, WA 98682, telephone at 360-905-2186, or via email at 
AberleB@wsdot.wa.gov. Regular office hours are from 8:00 a.m. to 4:30 
p.m., p.t., Monday through Friday.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA and 
other Federal agencies have taken final agency actions related to the 
I-5 Interchange with NW., 319th Street/La Center Road (La Center 
Interchange Improvements) Project in the State of Washington. The BIA 
prepared a Draft Environmental Impact Statement (EIS), released on 
April 12, 2008, and Final EIS (FEIS) on May 30, 2008, for proposed 
improvements to the I-5 NW., 319th Street/La Center Road Interchange. 
The BIA issued an ROD for the project on December 17, 2010, which 
approved the Cowlitz Reservation Development and adopted mitigation 
measures recommended within the 2008 FEIS, including the La Center 
Interchange Improvements. After a challenge in United States District 
Court, the BIA conducted an evaluation of adequacy of the FEIS and 
issued a new ROD in April 2013.
    Implementation of the La Center Interchange Improvements is subject 
to discretionary approvals from FHWA and WSDOT. An FHWA National 
Environmental Policy Act (NEPA) Reevaluation was prepared in May 2015, 
to identify and document changed environmental conditions and effects 
associated with the La Center Interchange Improvements. The FHWA issued 
an ROD which approved the La Center Interchange Improvements and 
adopted mitigation measures recommended in the 2008 FEIS and May 2015 
Reevaluation on July 29, 2015.Since issuance of the FHWA ROD, the 
design of stormwater facilities has been modified, consistent with 
applicable management guidelines, and the previously proposed 
realignment of NW., Paradise Park Road has been refined. An 
Environmental Reevaluation Report was prepared in February 2106, to 
identify and document potential effects associated with changes to the 
La Center Interchange Improvements.
    This notice applies to all Federal agency decisions on the project 
as of the issuance date of this notice and all laws under which such 
actions were taken, including but not limited to:

    1. General: NEPA (42 U.S.C. 4321-4351); Federal-Aid Highway Act 
(23 U.S.C. 109).
    2. 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).
    3. Air: Clean Air Act (42 U.S.C. 7401-7671(q)).
    4. Land: Section 4(f) of the Department of Transportation Act of 
1966 (49 U.S.C. 303); Landscaping and Scenic Enhancement 
(Wildflowers) (23 U.S.C. 319).
    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. 
470aa-aaa11); 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); Farmland Protection Policy Act (7 U.S.C. 4201-4209).
    7. Wetlands and Water Resources: Clean Water Act (33 U.S.C. 
1251-1377); Land and Water Conservation Fund (16 U.S.C. 4601-4604); 
Safe Drinking Water Act (42 U.S.C. 300(f)-300(j)(6)); 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); Flood Disaster Protection Act (42 U.S.C. 4001-4128).
    8. Executive Orders (EO): EO 11990, Protection of Wetlands; EO 
11988, Floodplain Management; EO 12898, Federal Actions to Address 
Environmental Justice in Minority Populations and Low Income 
Populations; EO 11593, Protection and Enhancement of Cultural 
Resources; EO 13007, Indian Sacred Sites; EO 13287, Preserve 
America; EO 13175, Consultation and Coordination with Indian Tribal 
Governments; EO 11514, Protection and Enhancement of Environmental 
Quality; EO 13112, Invasive Species.

(Catalog of Federal Domestic Assistance Program No. 20.205, Highway 
Research, Planning and Construction. The regulations implementing EO 
12372 regarding intergovernmental consultation on Federal programs 
and activities apply to this program.)


    Authority:  23 U.S.C. 139(l)(1), as amended by Moving Ahead for 
Progress in the 21st Century Act, (PL 112-141, 126 Stat. 405).

    Issued on: April 25, 2016.
Daniel M. Mathis,
FHWA Division Administrator, Olympia, WA.
[FR Doc. 2016-10284 Filed 5-2-16; 8:45 am]
 BILLING CODE 4910-RY-P