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[Federal Register Volume 89, Number 227 (Monday, November 25, 2024)]
[Notices]
[Pages 92997-92999]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-27531]

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DEPARTMENT OF TRANSPORTATION

Maritime Administration

[Docket Number MARAD-2024-0149]

Updated Notice of Availability for the Port of Port Angeles 
Memorandum of Agreement Under Section 106 of the National Historic 
Preservation Act

AGENCY: Maritime Administration, Department of Transportation.

ACTION: Notice of availability and request for comment.

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SUMMARY: The Maritime Administration (MARAD) is funding the Intermodal 
Handling and Transfer Facility Project (Project) which will improve the 
safety and efficiency of the movement and sorting of forest products 
through Port Angeles in Port Angeles, Washington. In accordance with 
the National Historic Preservation Act (NHPA) and its implementing 
regulations, MARAD has determined that a Memorandum of Agreement 
(Agreement) must be prepared in accordance with the requirements of the 
NHPA in conjunction with the Project and invites public comments on the 
Agreement.

DATES: All comments on the Agreement are due on or before January 9, 
2025. MARAD will consider comments filed after this date to the extent 
practicable.

ADDRESSES: To ensure that you do not duplicate your docket submissions, 
please submit all comments by only one of the following ways:
     Federal eRulemaking Portal: Go to https://www.regulations.gov, insert the docket number (MARAD-2024-0149) in the 
keyword box and click ``Search.'' Select the ``Docket'' tab, locate the 
Notice, and click on ``comment'' to begin the comment submission 
process. Follow the online instructions.
     Mail: Dockets Management Facility, U.S. Department of 
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor, 
Washington, D.C. 20590- 0001.
     Hand Delivery: W12-l40 of the Department of 
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590 between 
9:00 a.m. and 5:00 p.m. E.T., Monday through Friday, except Federal 
Holidays. The telephone number is 202-366-9329.
     Instructions: To properly identify your comments, please 
include the agency name and the docket number at the beginning of your 
comments. All comments received will be posted without change to 
https://www.regulations.gov, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: Wendy Coble, (202) 281-1046 or via 
email at [email protected]. Persons who use a telecommunications 
device for the deaf (TDD) may call the Federal Information Relay 
Service (FIRS) at 1-800-877-8339 to contact the above individual during 
business hours. The FIRS is available twenty-four hours a day, seven 
days a week, to leave a message or question. You will receive a reply 
during normal business hours. You may send mail to the Department of 
Transportation, Maritime Administration, 1200 New Jersey Avenue SE, 
Washington, DC 20590-0001.

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Department of Transportation (DOT) awarded funds to the 
Port of Port Angeles (Port) under the Fiscal Year 2022 Port 
Infrastructure Development Program for the Intermodal Handling and 
Transfer Facility Project. The project is located in Port Angeles, 
Washington.
    The project proposes to improve the safety and efficiency of the 
movement and sorting of forest products through Port Angeles, including 
the following project components:
     Site grading and resurfacing approximately 10 acres with 
asphalt pavement;
     Installing aboveground biofiltration treatment system with 
pretreatment tanks, biofiltration cell, polishing cell, and associated 
aboveground piping and appurtenances.
    MARAD has defined the Project's area of potential effects (APE) as 
the footprint of the Project with a buffer around the adjacent 
archaeological site 45CA523 (Tse-whit-zen), inclusive of the potential 
physical, visual, and acoustic effects.

Identification of Historic Properties

    The analysis conducted for this project included two archaeological 
investigations in coordination with the Lower Elwha Klallam Tribe 
(LEKT). The first investigation consisted of a pedestrian and 
subsurface survey performed in 2017. The second investigation was 
completed in 2020 under a State of Washington Archaeological Site 
Alteration and Excavation Permit issued by the DAHP and consisted of 
additional survey and subsurface testing. The archaeological materials 
collected during the 2020 investigation are currently held in trust for 
the LEKT at the Burke Museum in Seattle, Washington. As a result of 
these investigations, the boundary of Tse-whit-zen was expanded into a 
portion of the Log Yard, which was considered for this project and is 
considered an Area of Interest for LEKT under the Agreement.
    The APE also contains three previously recorded historic 
archaeological resources including 45CA773 (railroad spur), 45CA796 
(railroad spur), and 45CA797 (kiln stack/historic debris scatter), all 
of which are within the project footprint. All three sites were 
previously recommended not eligible for listing in the NRHP by the 
Port's archaeological contractor because they lack integrity and are 
not significant under any of the NRHP Criteria for Evaluation. The 
sites do not have any association with significant events or people, 
nor do they convey distinctive design or construction. Furthermore, the 
sites were found to lack the potential to yield information important 
to history by the Port's archaeological contractor. DAHP determined 
that these three historic archaeological sites did not require

[[Page 92998]]

further consideration during archaeological testing of the Port's Log 
Yard in 2020.

Affected Historic Properties

    Tse-whit-zen (site 45CA523) is a village of continuous 
uninterrupted use by the LEKT extending back for more than 2,700 years. 
The village was used extensively as a year-round place of habitation, 
as well as for traditional practices of sea mammal hunting, shellfish 
harvesting, and open marine water fishing. A large cemetery and 
numerous burials are associated with the village and the LEKT continues 
to maintain a cemetery at the site.
    The site has been the subject of extensive investigations and 
documentation associated with the Washington State Department of 
Transportation's (WSDOT's) Graving Dock Facility for the Hood Canal 
Bridge Retrofit and Replacement Project, which was formally located on 
parcels owned by WSDOT. Two of these parcels are now owned by the Lower 
Elwha Klallam Tribe adjacent to the log yard.
    Tse-whit-zen (45CA523) was listed in the National Register of 
Historic Places (NRHP) at the local level of significance under 
Criterion D in 2014. The period of significance is 300--2,700 years 
before present. The site includes three contributing areas and two 
noncontributing areas, which correspond with five distinct zones within 
the site. The site boundary at the time of listing was contained 
entirely within a Lower Elwha Klallam Tribe's parcel. However, it has 
been determined that the site extends beyond its originally defined 
boundaries.

Project Impacts on Historic Properties

    Project design minimizes ground disturbance by paving and limiting 
excavation to match areas where the new surface transitions to the 
existing paved stormwater retention area on the east portion of the log 
yard. Excavation will not exceed a depth of 12 inches. However, 
regrading and resurfacing overlaps with the boundary of Tse-whit-zen 
(45CA523), although it will not impact any portions of the site that 
have been identified by previous archaeological investigations. 
Accordingly, project activities will not physically alter the historic 
property (site 45CA523). However, the project will introduce new visual 
elements that diminish the overall integrity of setting, feeling, and 
association for the historic property.

Adverse Effects, Avoidance, Minimization and Mitigation

    MARAD, in coordination with SHPO and LEKT, determined that this 
project would require the development of a Memorandum of Agreement to 
address the adverse effects. As of this public notice, MARAD, SHPO, the 
Port, and LEKT have all agreed to be signatories to the Agreement. The 
draft Agreement is available for review by going to 
www.regulations.gov, and search using docket number ``MARAD-2024-
0149.''
    To mitigate these adverse effects the MARAD will ensure the 
following measures are carried out by the Port:
     The Port will transfer to the LEKT ``Area of Interest'' 
identified during consultations, which is approximately 6.13 acres. 
Prior to transfer, the Port will remove from the Protection Area the 
existing storage warehouse building, office Conex, travel trailer, 
truck weigh scale, existing paving, quarry spalls, and bark and woody 
debris.
     Ground disturbing activities associated with this 
undertaking will be monitored by a professional archaeologist in 
accordance with the Project-specific Monitoring and Inadvertent 
Discovery Plan (MIDP). The MIDP details the monitoring and discovery 
protocols. The MIDP will incorporate the disposition provisions in 
section 10 of the 4 Party Agreement. All monitoring activities will be 
supervised by the Project Senior Archaeologist, who will meet the 
Secretary of the Interior's (SOI) Professional Qualifications Standards 
for Archeology (36 CFR part 61, 48 FR 44738). Additionally, the Port 
will retain the services of a Tribal Cultural Resources Monitor from 
the LEKT, who will observe the monitoring activities.
    [cir] The Port, in consultation with LEKT, will obtain a State of 
Washington Archaeological Site Alteration and Excavation Permit from 
the DAHP to carry out the Undertaking, as determined necessary by DAHP.
    [cir] The Port will retain the services of a professional 
archaeologist who meets the Secretary of the Interior's Professional 
Qualifications Standards for archaeology (36 CFR part 61), to monitor 
all Project-related ground disturbing activities.
    [cir] The Port will compensate LEKT Cultural Resource Monitors to 
observe all Undertaking ground disturbing activities as invoiced by 
LEKT.
     The LEKT will transfer to the Port the three stormwater 
ponds that were constructed during the WSDOT Graving Dock project 
(2003-2004). These ponds are located adjacent to the Northwest property 
line of the LEKT's property. The footprint area of the three ponds is 
approximately 0.80 acres.
    [cir] The Port's use of the Ponds will be limited to stormwater 
treatment and associated operation, maintenance, and repair. The Port's 
ownership and use of the Ponds will satisfy the requirement that the 
LEKT create a buffer from uses on adjoining property. Any alteration, 
at any time in the future, of the Ponds will require written approval 
by the LEKT. Ground disturbing work within the bottom footprint of the 
Ponds will be subject to the requirements enumerated in section II.B., 
above. The Port will be able to perform vegetation maintenance without 
notification.
     The Port will work cooperatively with the LEKT so that the 
runoff from within LEKT's property can utilize the Ponds and discharge 
to the harbor through the existing piping system. The Port will ensure 
that its use of the Ponds will not interfere with or cause damage to 
the burials located adjacent to the Ponds.

Public Participation

    MARAD may provide additional information and documents concerning 
the project. This information, along with any comments received, can be 
found at the above docket number. Please check the notice specific 
docket for this information. It is requested that all public comments 
be submitted for consideration within 45 calendar days from the posting 
of this notice.
    If you submit a comment, please include the docket number for this 
notice, indicate the specific section of this document to which each 
comment applies, and provide a reason for each suggestion or 
recommendation. You may submit your comments and material online as 
described in the ADDRESSES section above. MARAD recommends that you 
include your name and a mailing address, an email address, or a phone 
number in the body of your document so that MARAD can contact you if 
there are questions regarding your submission.
    In accordance with 49 U.S.C. 31315(b)(6), DOT solicits comments 
from the public on the exemption requests. DOT posts these comments, 
without edit, including any personal information the commenter 
provides, to www.regulations.gov. As described in the system of records 
notice DOT/ALL 14 (Federal Docket Management System), which can be 
reviewed at https://www.transportation.gov/individuals/privacy/privacy-act-system-records-notices, the comments are searchable by the name of 
the submitter. Anyone can search the electronic form of all comments 
received into any of our

[[Page 92999]]

dockets by the name of the individual submitting the comment (or 
signing the comment, if submitted on behalf of an association, 
business, labor union, etc.). For information on DOT's compliance with 
the Privacy Act, please visit https://www.transportation.gov/privacy.

(Authority: 49 CFR 1.81 and 1.93; 36 CFR part 800; 5 U.S.C. 552b.)

    By Order of the Maritime Administrator.
T. Mitchell Hudson, Jr.,
Secretary, Maritime Administration.
[FR Doc. 2024-27531 Filed 11-22-24; 8:45 am]
BILLING CODE 4910-81-P
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