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Notice of Final Federal Agency Actions on the Mid-States Corridor Project in Indiana Publication: Federal Register Agency: Federal Highway Administration Byline: Jermaine R. Hannon Date: 15 September 2023 Subjects: American Government  , Roads & Highways
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[Federal Register Volume 88, Number 178 (Friday, September 15, 2023)]
[Notices]
[Pages 63645-63646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19810]
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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration
Notice of Final Federal Agency Actions on the Mid-States Corridor
Project in Indiana
AGENCY: Federal Highway Administration (FHWA), 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 final actions taken by FHWA and the
United States Fish and Wildlife Service (USFWS) relating to the
proposed Mid-States Corridor Project in southern Indiana. The public is
advised that FHWA issued a Record of Decision (ROD) which concludes the
Tier 1 Mid-States Corridor Project studies. The ROD is combined with
the Mid-States Corridor Project Tier 1 Final Environmental Impact
Statement (EIS) prepared by FHWA and the Indiana Department of
Transportation (INDOT).
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 highway project will be barred
unless the claim is filed on or before February 12, 2024. 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: Mr. Jermaine R. Hannon, Division
Administrator, Federal Highway Administration, 575 North Pennsylvania
Street, Room 254, Indianapolis, IN 46204-1576; telephone: (317) 226-
7475; email: jermaine.hannon@dot.gov. For the USFWS: Ms. Susan E.
Cooper, Field Supervisor, Indiana Field Office, USFWS, 620 South Walker
Street, Bloomington, IN 47403-2121; telephone: (812) 334-4261; email:
Susan_E_Cooper@fws.gov. Normal business hours for the USFWS Indiana
Field Office are: 8 a.m. to 4:30 p.m., Eastern Time. For INDOT, you may
contact Laura Hilden, Director--Environmental Services, 100 North
Senate Avenue, Room N758-ES, Indianapolis, IN 46204; telephone: (317)
552-9692; email: lhilden@indot.in.gov. Normal business hours for INDOT
are: 8:00 a.m. to 4:30 p.m., Eastern Time.
SUPPLEMENTARY INFORMATION: Notice is hereby given that FHWA has
approved the Tier 1 Final Environmental Impact Statement (FEIS) for the
Mid-States Corridor Project and issued the combined FEIS/ROD on
September 15, 2023. The FHWA used a tiered EIS for the Mid-States
Corridor Project in accordance with the National Environmental Policy
Act (NEPA); the Council on Environmental Quality regulations
implementing NEPA (40 CFR parts 1500 through 1508), FHWA's regulations
implementing NEPA (23 CFR part 771), and Section 4(f) (23 CFR part
774). The Tier 1 FEIS included in-depth analysis of environmental,
transportation, and economic impacts and estimated project costs. The
Tier 1 EIS also analyzed a reasonable range of corridor alternatives,
which led to identification of Refined Alternative P as the selected
alternative. The FHWA has concurred in that recommendation.
The Tier 1 FEIS and ROD established Sections of Independent Utility
(SIUs) for the project. A Tier 2 NEPA study will be conducted for each
SIU prior to construction and will include identification of specific
alignments and alternatives. The Tier 2 studies will be more closely
tailored to address transportation needs within the SIUs, and
evaluation of alternatives will include consideration of the social,
economic, traffic, cost, and environmental impacts among other factors.
This FEIS and ROD identified Refined Alternative P as the Selected
Alternative. Decisions in the FEIS and ROD included, but were not
limited to, the following:
1. Purpose and need for the project.
2. Range of alternatives for analysis.
3. Screening of alternatives and the identification of alternatives
to be carried forward for more detailed
[[Page 63646]]
analysis in the Draft Environmental Impact Statement (DEIS).
4. Identification of Alternative P as the Preferred Alternative in
the DEIS.
5. Refinement to the Preferred Alternative P based on public input
(Refined Preferred Alternative P).
6. Identification of Refined Preferred Alternative P as the
Selected Alternative in the FEIS and ROD.
The Selected Alternative, Refined Preferred Alternative P, begins
at the I-64/US 231 interchange and continues north and west to the I-
69/US 231 Interchange, and includes local improvements along the
existing US 231. The analysis showed that Refined Alternative P has the
lowest impacts to environmental resources and the lowest cost of the
three alternatives determined to meet the Purpose and Need. In response
to public comments and in the interest of minimizing any potential
economic impacts, Refined Alternative P contains three additional
variations in the area near Loogootee, Indiana, which will be further
evaluated in Tier 2 studies to determine a single alignment. Interested
parties may consult the FEIS and ROD for details about each of the
decisions described above and for information on other issues decided.
The FEIS and ROD can be viewed and downloaded from the project website
at https://midstatescorridor.com/. People unable to access the website
may contact FHWA or INDOT at the addresses listed above.
This notice applies to all final Federal Agency decisions in the
Mid-States Corridor Tier 1 FEIS and ROD as of the issuance date of this
notice, and all laws under which such actions were taken, including but
not limited to:
1. National Environmental Policy Act (NEPA) [42 U.S.C. 4321-4351].
2. Endangered Species Act [16 U.S.C. 1531-1544].
3. Fish and Wildlife Coordination Act [16 U.S.C. 661-667d].
4. Migratory Bird Treaty Act [16 U.S.C. 703-712].
5. Bald and Golden Eagle Protection Act [16 U.S.C. 688-688c].
6. Federal-Aid Highway Act [23 U.S.C. 109 and 23 U.S.C. 128].
7. Clean Air Act, 42 U.S.C. 7401-7671(q).
8. Section 4(f) of the Department of Transportation Act of 1966 [49
U.S.C. 303].
9. Section 106 of the National Historic Preservation Act of 1966,
as amended [16 U.S.C. 470] and Native American Grave Protection and
Repatriation Act (NAGPRA) [25 U.S.C. 3001-3013].
10. Land and Water Conservation Fund (LWCF) [16 U.S.C. 4601-4604];
Wild and Scenic Rivers Act [16 U.S.C. 1271-1287]; Safe Drinking Water
Act (SDWA) [42 U.S.C. 300(f)-300(j)(6)].
11. Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) [42 U.S.C. 9601-9675]; Resource Conservation and
Recovery Act (RCRA) [42 U.S.C. 6901-6992(k)].
12. Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)];
Uniform Relocation Assistance and Real Property Acquisition Act [42
U.S.C. 61].
13. Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
14. Noise Control Act of 1972 [42 U.S.C. 4901 et seq].
15. Clean Water Act (Section 319, Section 401, Section 402, Section
404) [22 U.S.C. 1251 et seq.].
16. Executive Order (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; E.O. 13166, Improving Access for
Persons with Limited English Proficiency.
Notice is hereby given that the USFWS has taken the final agency
actions within the meaning of 23 U.S.C. 139(l)(1) by issuing the
following:
1. A letter dated June 29, 2023, concurring with the effects
determinations in the Biological Assessment (BA) and identifying that
absent new information in Tier 2 studies or significant change to the
project plans, no further coordination with the USFWS is needed for the
gray bat, sheepnose mussel, rough pigtoe mussel and lake sturgeon which
received a ``may effect, not likely to adversely affect''
determination.
2. A Biological Opinion (BO) dated June 29, 2023, that the Mid-
States Corridor Project would not jeopardize the continued existence of
the Indiana bat, northern long eared bat, fanshell mussel, and fat
pocketbook mussel.
3. A Conference Opinion (CO) dated June 29, 2023, that the Mid-
States Corridor Project would not jeopardize the continued existence of
the tricolored bat, little brown bat, salamander mussel and monarch
butterfly.
4. The BO and CO also identified activities for Tier 2 studies.
They included bat surveys, mussel surveys and anticipated mitigation
activities.
5. In its June 29, 2023, letter USFWS also states that incidental
take statements would be developed during Tier 2 studies, and are not
made as part of this Tier 1 BO and CO.
The BA and BO/CO and other project records relating to the USFWS
actions, taken pursuant to the Endangered Species Act, 16 U.S.C. 1531-
1544, are available by contacting the FHWA, INDOT, or USFWS at the
addresses provided above. The BA and BO/CO can be viewed in Appendices
PP and QQ of the Mid-States Corridor Tier 1 FEIS, respectively.
(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).
Jermaine R. Hannon,
Division Administrator, FHWA, Indianapolis, Indiana.
[FR Doc. 2023-19810 Filed 9-14-23; 8:45 am]
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