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Code · REGISTER · 2007-03-08 · Federal Highway Administration (FHWA), DOT · Notices

Notices. Notice of Availability of a revised Record of Decision for transportation improvements in Lane County, OR and Notice of Limitations on Claims for Judicial Review of Actions by FHWA

2,165 words·~10 min read·/register/2007/03/08/07-1137

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BILLING CODE 4910-13-M DEPARTMENT OF TRANSPORTATION Federal Highway Administration Revised Record of Decision and Notice of Final Federal Agency Actions on the West 11th Street to Garfield Street, Florence-Eugene Highway: Lane County, OR AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of Availability of a revised Record of Decision for transportation improvements in Lane County, OR and Notice of Limitations on Claims for Judicial Review of Actions by FHWA. SUMMARY: The FHWA is issuing this notice to advise the public that a revised record of decision
(ROD)has been made for the West 11th Street to Garfield Street, Florence-Eugene-Highway Final Environmental Impact Statement. This notice also announces actions taken by the FHWA that are final agency actions within the meaning of 23 U.S.C. 139(l)(1). These final agency actions relate to a proposed highway project, West 11th Street to Garfield Street, Florence-Eugene Highway in Lane County, Oregon where the revised ROD amends FHWA's April 16, 1990 ROD that had selected Alternative 1 Modified, and selects the no-build alternative. The Final Environmental Impact Statement was approved and published by FHWA in January 1990 and a ROD was issued on April 16, 1990. This revised ROD amends FHWA's April 16, 1990 ROD that had selected Alternative 1 Modified, and selects the no-build alternative. In large part, FHWA selects the no-build alternative in the revised ROD based on: public and resource agency input, including the Oregon DOT; a Lane Council of Governments resolution; and, a conflict assessment report prepared by FHWA and the City of Eugene. While the no-build does not satisfy an existing transportation need in the area, selecting the no-build alternative is in the best overall public interest at this time. DATES: By this notice, the 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 highway project will be barred unless the claim is filed on or before September 4, 2007. If the Federal law that authorizes judicial review of a claim provides a time period of less than 180 days for filing such claim, then that shorter time period still applies. FOR FURTHER INFORMATION CONTACT: Michelle Eraut, Environmental Program Manager, Federal Highway Administration, 530 Center Street, NE., Suite 100, Salem, Oregon 97301, Telephone:
(503)587-4716, or Ken Kohl, Project Manager, Oregon Department of Transportation, 644 “A” Street, Eugene, Oregon 97477, Telephone:
(541)747-1496. The FEIS, revised ROD, and other project records are available upon written request from the Federal Highway Administration at the address shown above. Comments or questions concerning this proposed action and the revised ROD should be directed to the FHWA at the address provided above. SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has taken final agency action subject to 23 U.S.C. 139(l)(1) by issuing a decision for the following highway project in the State of Oregon: West 11th Street to Garfield Street, Florence-Eugene Highway. This project identified a need to address capacity constraints and safety considerations on the current Florence-Eugene Highway on the western edge of Eugene, Oregon. The federal-aid identifier for this project is F 025(003). The actions by the Federal agency and the laws under which such actions were taken, are described in the Final Environmental Impact Statement
(FEIS)for the project, approved in January 1990, in the FHWA Revised ROD issued on October 24, 2006, and in other documents in the FHWA project records. This notice applies to all Federal agency decisions 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
(NEPA)[42 U.S.C 4321-4351]; Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128]. 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 [49 U.S.C. 303]; Landscaping and Scenic Enhancement (Wildflowers) [23 U.S.C. 319]. 4. *Wildlife:* Endangered Species Act [16 U.S.C. 1531-1544 and Section 1536]; Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)]; Migratory Bird Treaty Act [16 U.S.C. 703-712]. 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)]. 6. *Social and Economic:* Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; Farmland Protection Policy Act
(FPPA)[7 U.S.C. 4201-4209]. 7. *Wetlands and Water Resources:* Clean Water Act (Section 404, Section 401, Section 319) [33 U.S.C. 1251-1377]; Land and Water Conservation Fund
(LWCF)[16 U.S.C. 4601-4604]; Safe Drinking Water Act
(DSWA)[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]; Wetlands Mitigation [23 U.S.C. 103(b)(6)(M) and 133(b)(11)]; 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. 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. (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(l)(1)) Issued on: March 1, 2007. Michelle Eraut, Environmental Program Manager, Salem, Oregon. [FR Doc. E7-4136 Filed 3-7-07; 8:45 am] BILLING CODE 4910-22-P 72 45 Thursday, March 8, 2007 Presidential Documents Part II The President Executive Order 13426—Establishing a Commission on Care for America's Returning Wounded Warriors and a Task Force on Returning Global War on Terror Heroes Title 3— The President Executive Order 13426 of March 6, 2007 Establishing a Commission on Care for America's Returning Wounded Warriors and a Task Force on Returning Global War on Terror Heroes By the authority vested in me as President by the Constitution and the laws of the United States of America, and to provide a comprehensive review of the care provided to America's returning Global War on Terror service men and women from the time they leave the battlefield through their return to civilian life, it is hereby ordered as follows: **Section 1.** *Establishment of Commission* . There is established the President's Commission on Care for America's Returning Wounded Warriors (Commission). **Sec. 2.** *Membership of Commission* . The Commission shall be composed of nine members appointed by the President. The President shall designate two Co-Chairs from among the members of the Commission. **Sec. 3.** *Mission of Commission* . The mission of the Commission shall be to:
(a)examine the effectiveness of returning wounded service members' transition from deployment in support of the Global War on Terror to successful return to productive military service or civilian society, and recommend needed improvements;
(b)evaluate the coordination, management, and adequacy of the delivery of health care, disability, traumatic injury, education, employment, and other benefits and services to returning wounded Global War on Terror service members by Federal agencies as well as by the private sector, and recommend ways to ensure that programs provide high-quality services;
(i)analyze the effectiveness of existing outreach to service members regarding such benefits and services, and service members' level of awareness of and ability to access these benefits and services, and
(ii)identify ways to reduce barriers to and gaps in these benefits and services; and
(d)consult with foundations, veterans service organizations, non-profit groups, faith-based organizations, and others as appropriate, in performing the Commission's functions under subsections
(a)through
(c)of this section. **Sec. 4.** *Administration of Commission* .
(a)The Secretary of Defense shall, to the extent permitted by law, provide administrative support and funding for the Commission. To the extent permitted by law, office space, analytical support, and staff support for the Commission shall be provided by the Department of Defense.
(b)Members of the Commission shall serve without any compensation for their work on the Commission. Members of the Commission appointed from among private citizens of the United States, while engaged in the work of the Commission, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Government service (5 U.S.C. 5701-5707), consistent with the availability of funds.
(c)The Co-Chairs of the Commission shall select an Executive Director to coordinate administration of the Commission.
(d)The heads of executive branch departments and agencies shall, to the extent permitted by law, provide the Commission with information as requested by the Co-Chairs.
(e)The Co-Chairs of the Commission shall convene and preside at the meetings of the Commission, determine its agenda, and direct its work.
(f)The functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App.)(Act), except for those in section 6 of that Act, that are applicable to the Commission, shall be performed by the Secretary of Defense, in accordance with the guidelines that have been issued by the Administrator of General Services. **Sec. 5.** *Report of Commission* . The Commission shall report its recommendations to the President through the Secretary of Defense and the Secretary of Veterans Affairs. The Commission shall issue a final report by June 30, 2007, unless the Co-Chairs provide written notice to the President that an extension is necessary, in which case the Commission shall issue the final report by July 31, 2007. **Sec. 6.** *Termination of Commission* . The Commission shall terminate 30 days after submitting its final report, unless extended by the President prior to that date. **Sec. 7.** *Establishment of Task Force* . The Secretary of Veterans Affairs (Secretary) shall establish within the Department of Veterans Affairs for administrative purposes only an Interagency Task Force on Returning Global War on Terror Heroes (Task Force). **Sec. 8.** *Membership and Operation of Task Force* . The Task Force shall consist exclusively of the following members, or their designees who shall be at the Under Secretary level (or its equivalent) or higher:
(a)the Secretary of Veterans Affairs, who shall serve as Chair;
(b)the Secretary of Defense;
(c)the Secretary of Labor;
(d)the Secretary of Health and Human Services;
(e)the Secretary of Housing and Urban Development;
(f)the Secretary of Education;
(g)the Director of the Office of Management and Budget;
(h)the Administrator of the Small Business Administration; and
(i)other officers or employees of the United States, as determined by the Secretary. The Secretary or the Secretary's designee shall convene and preside at meetings of the Task Force and direct its work. The Secretary shall designate an official of the Department of Veterans Affairs to serve as the Executive Secretary of the Task Force, and the Executive Secretary shall head any staff assigned to the Task Force. **Sec. 9.** *Mission of Task Force* . The mission of the Task Force shall be to:
(a)identify and examine existing Federal services that currently are provided to returning Global War on Terror service members;
(b)identify existing gaps in such services;
(c)seek recommendations from appropriate Federal agencies on ways to fill those gaps as effectively and expeditiously as possible using existing resources; and
(i)ensure that in providing services to these service members, appropriate Federal agencies are communicating and cooperating effectively, and
(ii)facilitate the fostering of agency communications and cooperation through informal and formal means, as appropriate. **Sec. 10.** *Administration of Task Force* . The Secretary of Veterans Affairs shall, to the extent permitted by law, provide administrative support and funding for the Task Force. **Sec. 11.** *Action Plan of Task Force* . Consistent with applicable law, the Task Force shall outline a Government-wide action plan that identifies existing Federal services for returning Global War on Terror service men and women and that ensures the provision of such services to those service members as effectively and expeditiously as possible. The Task Force shall submit the action plan to the President within 45 days of the date of this order. **Sec. 12.** *Termination of Task Force* . The Secretary, with the approval of the President, shall terminate the Task Force upon the completion of its duties. **Sec. 13.** *General Provisions* .
(a)Nothing in this order shall be construed to impair or otherwise affect
(i)authority granted by law to an agency or the head thereof, or
(ii)functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b)This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c)This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, entities, officers, employees, agents, or any other person. GWBOLD.EPS THE WHITE HOUSE, March 6, 2007. [FR Doc. 07-1137 Filed 3-7-07; 10:57 am]
Connectionstraces to 11
14 references not yet in our index
  • 42 USC 4321-4351
  • 42 USC 7401-7671(q)
  • 16 USC 1531-1544
  • 16 USC 661-667(d)
  • 16 USC 703-712
  • 16 USC 469-469(c)
  • 42 USC 2000(d)
  • 7 USC 4201-4209
  • 33 USC 1251-1377
  • 16 USC 4601-4604
  • 33 USC 401-406
  • 16 USC 1271-1287
  • 42 USC 4001-4128
  • 5 USC 5701-5707
Citation graph
cites case law
Notices
Notice of Availability of a revised Record of Decision for transportation improvements in Lane County, OR and Notice of Limitations on Claims for Judicial Review of Actions by FHWA
Cite42 USC 4321-4351
Cite42 USC 7401-7671(q)
Cite16 USC 1531-1544
Cites 25 · showing 12Cited by 0 across 0 sources
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