Rescinding the Notice of Intent To Prepare Environmental Impact Statement (EIS): Kauai County, Hawaii

Ralph Rizzo
Federal Highway Administration
4 June 2020

[Federal Register Volume 85, Number 108 (Thursday, June 4, 2020)]
[Notices]
[Page 34487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12114]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Highway Administration


Rescinding the Notice of Intent To Prepare Environmental Impact 
Statement (EIS): Kauai County, Hawaii

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice to rescind notice of intent (NOI) to prepare an 
environmental impact statement (EIS).

-----------------------------------------------------------------------

SUMMARY: The FHWA is issuing this notice to advise the public that it 
is rescinding its NOI and will not be preparing an EIS for the proposed 
Kuhio Highway Improvements, Hanamaulu to Kapaa, Kauai County, Hawaii. 
An NOI to prepare an EIS was published in the Federal Register on June 
3, 2002.

FOR FURTHER INFORMATION CONTACT: Ralph Rizzo, Division Administrator, 
Federal Highway Administration, 300 Ala Moana Boulevard, Box 50206, 
Honolulu, Hawaii 96850, Telephone: (808) 541-2700.

SUPPLEMENTARY INFORMATION: The FHWA, in cooperation with the State of 
Hawaii Department of Transportation (HDOT), initiated an EIS with an 
NOI published in the Federal Register on June 3, 2002, at 67 FR 38310, 
to prepare an EIS for the proposed improvements to Kuhio Highway (FAP 
56) on the island of Kauai. This notice superseded an earlier notice 
for the same project published in the October 9, 1992 edition of the 
Federal Register (57 FR 46620).
    The Project would impact a sizable number of historical and 
archaeological resources that were previously identified, including the 
Wailua Complex of Heiau National Historic Landmark. Additionally, the 
recent identified Wailua Traditional Cultural Property (TCP), which 
encompasses the entire Wailua Ahupuaa, would be impacted. This TCP is a 
highly important spiritual place for many Hawaiians. Given that the 
Project would include a new highway alignment and a new bridge over 
Wailua River that would go through the Wailua TCP, a Section 106 
adverse effect and Section 4(f) use would likely occur. With no 
avoidance alternative being possible, mitigation of this adverse effect 
may not be feasible and prudent given the historical, cultural and 
religious significance of the area.
    Because of the anticipated adverse impacts to archaeological and 
historical resources, impacts to wetlands and endangered species, and 
the estimated right-of-way and construction costs, HDOT has determined 
that the project, as currently configured and envisioned, is not 
warranted at this time. Therefore, the preparation of the EIS is being 
terminated.

(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, 23 CFR 771, and 40 CFR 1500-1508.

    Issued on: May 29, 2020.
Ralph Rizzo,
Division Administrator, Honolulu, HI.
[FR Doc. 2020-12114 Filed 6-3-20; 8:45 am]
 BILLING CODE 4910-RY-P