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Notice of Final Federal Agency Actions on Proposed Highway in Indiana

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

 [Federal Register: March 27, 2007 (Volume 72, Number 58)]
[Notices]
[Page 14323-14324]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27mr07-88]

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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

Notice of Final Federal Agency Actions on Proposed Highway 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 action taken by the FHWA and Other
Federal Agencies that are final within the meaning of 23 U.S.C.
139(l)(1). The actions relate to a proposed highway project, U.S. 31
Plymouth to South Bend, Indiana, in the Counties of Marshall and St.
Joseph, State of Indiana. This action is the Record of Decision issued
by FHWA for the U.S. 31 Plymouth to South Bend Project.

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 24, 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: Mr. Lawrence Heil, P.E., Air Quality/
Environmental Specialist, Federal Highway Administration, Indiana
Division, 575 North Pennsylvania Street, Room 254, 46204; telephone:
(317) 226-7480; e-mail: Larry.Heil@fhwa.dot.gov. You may also contact
Mr. Jonathan Wallace, Project Manager, Indiana Department of
Transportation, 100 North Senate Avenue, Room N801, Indianapolis,
Indiana, 46204; telephone: (317) 233-3520; e-mail: 
JonWallace@indot.IN.gov.

SUPPLEMENTARY INFORMATION: Notice is hereby given that the FHWA has
taken final agency action subject to 23 U.S.C. 139(l)(1) by approving
the Record of Decision for the following highway project in the State
of Indiana: U.S. 31 Plymouth to South Bend, in Marshall and St. Joseph
Counties. The project provides for upgrading existing U.S. 31 between
U.S. 30 and U.S. 20 (approximately 20 miles) to a fully access
controlled, grade-separated freeway. The proposed freeway will be on
both new and existing alignment. The FHWA project reference number is
Des. No. 9405230. The actions by FHWA are described in the Final
Environmental Impact Statement (FEIS) for the project, approved on
April 3, 2006 and in the FHWA Record of Decision (ROD) issued on June
26, 2006, and in other documents in the project record. The FEIS, ROD,
and other documents in the FHWA project file are available by
contacting the FHWA or the Indiana Department of Transportation at the
addresses provided above. The FEIS and ROD can be viewed and downloaded
from the project Web site at http://www.us31study.org or viewed at
public libraries in the project area.
    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].
    2. Air: Clean Air Act, 42 U.S.C. 7401-7671(q).
    3. Land: Land and Water Conservation Fund (LWCF), 16 U.S.C. 4601-
4604; 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.

[[Page 14324]]

319]; National Forest Management Act (NFMA) of 1976 [16 U.S.C. 1600-1614].
    4. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and
Section 1536], Marine Mammal Protection Act [16 U.S.C. 1361], 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)-11]; Archeological and Historic Preservation Act [16 U.S.C.
469-469(c)]; Native American Grave Protection and Repatriation Act
(NAGPRA) [25 U.S.C. 3001-3013].
    6. Social and Economic: Civil Rights Act of 1964 [42 U.S.C.
2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C.
1996]; Farmland Protection Policy Act (FPPA) [7 U.S.C. 4201-4209].
    7. Wetlands and Water Resources: Safe Drinking Water Act (SDWA), 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; TEA-21 Wetlands
Mitigation, 23 U.S.C. 103(b)(6)(m), 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 21, 2007.
Robert F. Tally Jr.,
Division Administrator, Indianapolis, Indiana.
[FR Doc. E7-5595 Filed 3-26-07; 8:45 am]
BILLING CODE 4910-RY-P

 
 

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