Final Federal Agency Action: Proposed Project in Hawaii

Notice of Final Federal Agency Actions on Proposed Project in Hawaii

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 June 29, 2026. 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.

SUPPLEMENTARY INFORMATION:

Notice is hereby given that FHWA and USFWS have taken final agency actions subject to 23 U.S.C. 139( l )(1) by issuing licenses, permits, and approvals for the following highway project in the State of Hawaii: The Liloa Drive Extension Project will extend Liloa Drive from the vicinity of Ka'ono'ulu Street to the vicinity of East Waipu'ilani Road in Kihei, Maui County. The project increase capacity, improve traffic circulation, alleviate traffic congestion, enhance safety, and provide a corridor complete with pedestrian and bicycle facilities, two (2) modern bridge spans, and related utility and landscaping improvements.

These actions by the Federal agencies, and the laws under which such actions were taken, are described in the combined Final Environmental Assessment (FEA) and Finding of No Significant Impact (FONSI) for the project, approved on January 12, 2026 and in other documents in the project records. The FEA/FONSI and other project records are available by contacting Maui County Department of Public Works, the Hawaii Department of Transportation or FHWA at the addresses provided above. The FEA/FONSI can be viewed and downloaded from the project website at https://www.liloadriveextension.com/entitlements-and-project-timeline or obtained from any contact listed above.

This notice applies to all Federal agency decisions on the project that are final 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 (42 U.S.C. 4321 et seq. ); Federal-Aid Highway Act (23 U.S.C. 109, 139, and 128).

2. Air: Clean Air Act, as amended (42 U.S.C. 7401-7671q).

3. Noise: Noise Control Act of 1972 (42 U.S.C. 4901-4918); Procedures for Abatement of Highway Traffic Noise and Construction Noise (23 U.S.C. 109(h), 109(i)); 42 U.S.C. 4331, 4332; sec. 339(b), Public Law 04-59, 109 Stat. 568, 605.

4. Land: Section 4(f) of the Department of Transportation Act of 1966 (49 U.S.C. 303;23 U.S.C. 138); 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); Fish and Wildlife Coordination Act (16 U.S.C. 661-667(d)); Migratory Bird Treaty Act (MBTA) (16 U.S.C. 703-712); Magnuson-Stevens Fishery Conservation and Management Act of 1976, as amended (16 U.S.C. 1801 et seq. ), 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. 306108 et seq. ); Archaeological Resources Protection Act of 1977 (16 U.S.C. 470(aa)-470(mm)); Archaeological and Historic Preservation Act (54 U.S.C. 312501-312508); Native American Grave Protection and Repatriation Act (NAGPRA) (25 U.S.C. 3001 et seq. ).

7. Social and Economic: American Indian Religious Freedom Act (42 U.S.C. 1996); Farmland Protection Policy Act (FPPA) (7 U.S.C. 4201-4209); the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 U.S.C. 4601 et seq., as amended by the Uniform Relocation Act Amendments of 1987 (Pub. L. 100-17)).

8. Wetlands and Water Resources: Coastal Zone Management Act (16 U.S.C. 1451-1464); Land and Water Conservation Fund Act (16 U.S.C. 4601-4604); Safe Drinking Water Act (SDWA) (42 U.S.C. 300(f)-300(j)-26); Rivers and Harbors Act of 1899 (33 U.S.C. 401-406); Wetlands Mitigation (23 U.S.C. 119(g) and 133(b)(14)); Flood Disaster Protection Act (42 U.S.C. 4012a, 4106).

9. The analysis pertaining to any applicable Executive Order considered during the environmental review process to the extent such analysis may be challenged in court. Such Executive Orders may include: E.O. 11990 Protection of Wetlands; E.O. 11988 and 13690, 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. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species.

Authority: 23 U.S.C. 139 (l) (1).