[Federal Register Volume 65, Number 80 (Tuesday, April 25, 2000)]
[Notices]
[Page 24252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-10297]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Transit Administration


Supplemental Environmental Impact Statement on the Buffalo Inner 
Harbor Project, New York

AGENCY: Federal Transit Administration, DOT.

ACTION: Notice of Intent to prepare a Supplemental Environmental Impact 
Statement.

-----------------------------------------------------------------------

SUMMARY: The Federal Transit Administration (FTA) is issuing this 
notice to advise the public and interested agencies that a Supplemental 
Environmental Impact Statement (SEIS) will be prepared by the FTA and 
the Niagara Frontier Transportation Authority (NFTA) on the Buffalo 
Inner Harbor Project. This Supplemental EIS is in response to a court 
order and is limited in scope to the issue of historic preservation. 
The SEIS will address events and information that became available 
subsequent to the final EIS (FEIS), which was issued February 12, 1999.
    The Preservation Coalition filed a civil action on October 6, 1999, 
in the United States District Court for the Western District of New 
York under civil action number 99-CV-745S against FTA, NFTA, the New 
York State Thruway Authority, Empire State Development Corporation 
(ESDC), and the New York State Office of Parks, Recreation, and 
Historic Preservation. ESDC is the project sponsor. The Preservation 
Coalition challenged the Buffalo Inner Harbor Project on environmental 
and historic preservation grounds. On March 31, 2000, District Court 
Judge William M. Skretny ordered that a SEIS be prepared to consider 
the information learned during archaeological investigations conducted 
after the FEIS.

DATES: The court established a compressed timetable for completion of a 
draft and final SEIS. A draft SEIS will be prepared by May 10, 2000. 
Public comments will be solicited, and a public hearing will be held, 
on the SEIS between May 20, 2000, and May 31, 2000. A final SEIS will 
be prepared by June 30, 2000. FTA will issue a supplemental Record of 
Decision (ROD) by July 10, 2000.

ADDRESSES: Correspondence requesting notification of the availability 
of the draft SEIS and the public hearing date and location, or 
commenting on the draft SEIS should be addressed to Vito Sportelli, 
NFTA, 181 Ellicott Street; Buffalo, New York 14203.

FOR FURTHER INFORMATION CONTACT: Anthony G. Carr, FTA Region II, One 
Bowling Green, Room 429; New York, New York 10004. Telephone (212) 668-
2170.

SUPPLEMENTARY INFORMATION: The Buffalo Inner Harbor Project involves 
reconfiguring a segment of the Buffalo Inner Harbor shoreline into 
three areas to accommodate a commercial harbor basin with three piers, 
a working canal slip and a naval vessel basin. The Project also 
involves intermodal transportation components, including the 
construction of a public esplanade to provide a continuous 
transportation link and public access to the waterfront, connection of 
existing pedestrian and bicycle path systems and provision of 
opportunities for private development.
    The State Historic Preservation Officer (SHPO) opined in June 1998 
that the Buffalo Inner Harbor Project would have no adverse effect on 
cultural resources in or eligible for inclusion on the National 
Register of Historic Places. SHPO also called for a Stage III 
archaeological excavation of the Commercial Slip. The Commercial Slip 
is a former slip that connected the Erie Canal with the Buffalo River. 
It was filled in 1926 and is presently used as a right-of-way for the 
Hamburg Drain. During the Stage III excavation remains of the 
Commercial Slip wall were discovered, and as a result, the SHPO 
determined in June 1999 that the Commercial Slip wall met the criteria 
for inclusion in the National Register, and subsequently, the SHPO 
determined that exposure and public display of the Commercial Slip wall 
is not feasible and that the wall should be covered over as a means of 
preservation.
    The court ordered that the SEIS must address and discuss events 
that occurred and information that became available subsequent to the 
final EIS which will affect environmental issues in a significant 
manner or to a significant extent not already considered in the final 
EIS. Specifically, the SEIS will discuss: (a) Applicability of the 
``archaeology exception'' to the Commercial Slip wall, and to other 
existing historic resources, if any, at the Inner Harbor Project site; 
(b) Whether the Commercial Slip wall must be buried in order to protect 
it from the elements; (c) Whether rehabilitation, restoration or 
reconfiguration of the Commercial Slip wall is a reasonable and prudent 
alternative to burying the wall; and (d) Whether any resources at the 
Inner Harbor project site, other than Commercial Slip, are eligible for 
inclusion in the National Register, either individually or 
collectively. The SEIS will also address and discuss whether proposals 
submitted by the Preservation Coalition, and/or by other entities or 
individuals for the rehabilitation, restoration or reconfiguration, 
and/or utilization of the Commercial Slip wall, in the plan for the 
Inner Harbor Project, are reasonable and prudent.

    Issued on: April 20, 2000.
Letitia Thompson,
Regional Administrator, Federal Transit Administration, Region II.
[FR Doc. 00-10297 Filed 4-24-00; 8:45 am]
BILLING CODE 4910-57-P