[Federal Register Volume 64, Number 22 (Wednesday, February 3, 1999)]
[Notices]
[Pages 5339-5343]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2557]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[Finance Docket No. 30186 (Sub-No. 3)]


Tongue River Railroad Company, Construction and Operation of the 
Western Alignment in Rosebud and Big Horn Counties, Montana

AGENCY: Surface Transportation Board, DOT.

ACTION: Final scope of the Supplement.

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SUMMARY: On April 27, 1998, the Tongue River Railroad Company (TRRC) 
filed an application with the Surface Transportation Board (Board) 
under U.S.C. 10901 and 49 CFR 1150.1 through 1150.10 seeking authority 
to construct and operate a 17.3-mile line of railroad in Rosebud and 
Big Horn Counties, Montana, known as the ``Western Alignment.'' The 
line that is the subject of this application is an alternative routing 
for the portion of the 41-mile Ashland to Decker, Montana rail line 
that was approved by the Board on November 8, 1996 in Finance Docket 
No. 30186 (Sub-No. 2), referred to as the ``Four Mile Creek 
Alternative.''
    On July 10, 1998, the Board's Section of Environmental Analysis 
(SEA) served as Notice of Intent to prepare a Supplement to the Final 
Environmental Impact Statement in Finance Docket No. 30186 (Sub-No. 2) 
(Supplement) to evaluate and consider the potential environmental 
impacts that might result from the construction and operation of the 
Western Alignment, and requested comments on the scope of the 
Supplement. SEA reviewed and considered all of the comments in 
preparing the final scope of the Supplement, which is discussed below.

FOR FURTHER INFORMATION CONTACT:
Dana White, (202) 565-1552 (TDD for the hearing impaired: (202) 565-
1695).

SUPPLEMENTARY INFORMATION:

Proposed Action and Background

    On April 27, 1998, TRRC filed an application with the Board in 
Finance Docket No. 30186 (Sub-No. 3) seeking authority to construct and 
operate a 17.3-mile line of railroad in Rosebud and Big Horn Counties, 
Montana (MT), known as the Western Alignment and subsequently referred 
to as Tongue River III. The line that is the subject of this 
application is an alternative routing for the southernmost portion of 
the 41-mile Ashland to Decker, MT rail line that was approved by the 
Board on November 8, 1996 in Finance Docket No. 30186 (Sub-No. 2), via 
the Four Mile Creek Alternative and subsequently referred to as Tognue 
River II.\1\
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    \1\ Petitions for review of Tongue River II are pending in the 
Ninth Circuit. These cases are being held in abeyance until this 
case is decided.
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    The TRRC rail line project has been considered by the Board in two 
separate proceedings. In its original application filed in 1983, TRRC 
sought approval from the Interstate Commerce Commission (ICC, the 
Board's predecessor agency) to construct and operate 89 miles of 
railroad between Miles City, MT and two termini located near Ashland, 
MT in Finance Docket No. 30186 (Sub-No. 1), and subsequently referred 
to as Tognue River I. In a decision served May 9, 1986, the ICC 
approved Tongue River I. TRRC then sought in Tongue River II, approval 
to extend the line another 41 miles from Ashland to Decker, MT. As 
discussed above, the Board approved Tongue River II, via the Four Mile 
Creek Alternative, in November 1996.
    The ICC/Board's environmental staff, now the Section of 
Environmental Analysis (SEA), prepared environmental impact statements 
(EIS) for both Tongue River I and Tongue River II.\2\ TRRC has reported 
to the Board that it has conducted various preconstruction activities 
on both segments but actual construction has not yet begun.
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    \2\ In Tongue River I, Tongue River Railroad Company--Rail 
Construction And Operation--In Custer, Powder River, And Rosebud 
Counties, Montana, Finance Docket No. 30186 (Miles City to Ashland), 
the Draft Environmental Impact Statement was served July 15, 1983; 
the Supplement to the Draft Environmnetal Impact Statement was 
served January 19, 1984; and the Final Environmental Impact 
Statement was served August 23, 1985. In Tongue River II, Tongue 
River Railroad Company--Rail Construction and Operation Of An 
Additional Rail line From Ashland To Decker, Montana, Finance Docket 
No 30186 (Sub No. 2), the Draft Environmental Impact Statement was 
served July 17, 1992; the Supplement to the Draft Environmental 
Impact Statement was served March 17, 1994; and the Final 
Environmental Impact Statement was served April 11, 1996.
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    In Tongue River I and Tongue River II, the Board determined that 
the public convenience and necessity required or permitted TRRC's 
proposed rail line construction and operation, in accordance with 
former 49 U.S.C. 10901, and the Board does not intend to reopen the 
merits of the authority granted in these proceedings. The action 
proposed to be taken here is predicated on TRRC's proposed change to 
its previously approved construction authorizations, which necessitates 
SEA's review of associated potential environmental impacts and a 
subsequent decision by the Board as to whether the proposed Western 
Alignment satisfies the criteria of current 49 U.S.C. 10901.

Environmental Review Process

    On July 10, 1998, the Board served a Notice of Intent (NOI) to 
prepare a Supplement to the Final EIS (Supplement) in Tongue River III 
to consider the potential environmental impacts of the proposed Western 
Alignment. The NOI also sought comments on the scope of the Supplement 
from TRRC and all interested persons, and specifically requested 
comments on whether the analysis of the Supplement should be limited to 
the Western Alignment. SEA received 34 comments from Federal, state, 
and local agencies, as well as TRRC, individual property owners, and 
community representatives. SEA has prepared this scope for the 
Supplement based on a careful review of all the comments to the NOI, 
consultations with appropriate Federal and state agencies, and review 
of the environmental documents and studies previously prepared in 
Tongue River I and Tongue River II. Assisting in the preparation of the 
Supplement is SEA's independent third-party contractor, Public Affairs 
Management of San Francisco, CA.
    The scope of this Supplement in Tongue River III has been developed 
in consultation with three agencies that have requested cooperating 
agency status: (1) the U.S. Army Corps of Engineers (Corps); (2) U.S. 
Department

[[Page 5340]]

of the Interior, Bureau of Land Management (BLM); and (3) the Montana 
Department of Natural Resources and Conservation (MT DNRC), acting as 
lead agency for other Montana state agencies. These three agencies also 
have decision making authority independent of the Board and are the 
three principal agencies from whom TRRC must obtain separate approvals. 
To help these agencies fulfill their regulatory responsibilities and 
functions, and to avoid duplicative environmental analysis, SEA will 
include in this Supplement environmental review of certain issues 
specifically requested by the cooperating agencies and outlined below. 
SEA met with these agencies and sought their comments on the scope of 
this Supplement. A detailed description of the Supplement, which the 
three cooperating agencies have generally agreed upon and which 
includes the scope of the analysis for the Western Alignment and those 
portions of Tongue River I and Tongue River II that will be analyzed, 
is set forth below.
    SEA will serve a Draft Supplement on all the names on its service 
list and on appropriate Federal, state, and local agencies, and will 
publish notice of this document in the Federal Register. The public 
will be invited to comment. SEA will carefully consider all the 
comments received on the Draft Supplement, conduct any further 
environmental review that may be necessary, and will then prepare a 
Final Supplement that will also be served on the parties to the 
proceeding. A notice of the Final Supplement will also be published in 
the Federal Register. The Board will then take into account the Draft 
Supplement, the Final Supplement, and all comments received in issuing 
its final written decision in Tongue River III.

Proposed Scope for the Supplement

Tongue River III

    The scope of the Supplement for the Western Alignment in Tongue 
River III will involve a detailed environmental review of the proposed 
17.3 miles of new rail line. The Supplement will assess environmental 
impacts associated with construction and operation of the proposed 
Western Alignment and will recommend environmental mitigation where 
feasible and appropriate. The Supplement will discuss alternatives to 
the proposal and will compare the effects of the Western Alignment to 
the approved Four Mile Creek Alternative, and the No-Build Alternative. 
The analysis will include discussion of the following topics: 
biological and aquatic resources, land use, cultural resources, water 
quality, socioeconomics, environmental justice, transportation and 
safety, soils and geology, air quality, aesthetics, noise and vibration 
effects, recreation, and cumulative effects. Impacts on Native 
Americans, including sites of importance to them, will be addressed.

Tongue River I and Tongue River II

    The scope of the Supplement will also include a limited review of 
certain portions of the environmental documents prepared in Tongue 
River I and Tongue River II. Based on careful review of all the 
comments to the NOI and consultation will the three cooperating 
agencies, SEA and the cooperating agencies believe additional analysis 
beyond the Western Alignment is justified in these areas: (1) where 
environmental circumstances or requirements have changed in a manner 
warranting the updating and augmenting of analysis for Tongue River I 
or Tongue River II; (2) where there have been refinements to the 
alignment previously considered in the Tongue River I and Tongue River 
II EISs requiring additional environmental analysis because they might 
result in significant environmental impacts not addressed in those 
previous EISs; and (3) where further environmental analysis is 
appropriate to assist the cooperating agencies in their environmental 
review and permitting processes, as specifically requested by these 
agencies.
    Although the comments in response to the NOI referred to possible 
changes to the alignment previously considered, they did not identify 
significant changed physical circumstances within the project area that 
would warrant a complete environmental re-analysis of either Tongue 
River I or Tongue River II. However, TRRC submitted information in 
response to the NOI indicating that the alignment of the railroad has 
been refined somewhat from that analyzed in Tongue River I and Tongue 
River II. In addition, the Montana state agencies have raised the issue 
of whether or not a particular corridor was analyzed and approved as 
part of the previous Board approvals. In response to this information, 
SEA and the cooperating agencies have determined that the scope of the 
Supplement should be broadened to include a comparative analysis to 
determine if any of the changes from the previously considered 
alignments in Tongue River I and Tongue River II would result in 
significant environmental effects not previously considered.

Cooperating Agencies' Jurisdiction

    The proposed TRRC rail construction and operation project in Tongue 
River I and Tongue River II has spanned a number of years and has been 
considered by the Board in separate proceedings. TRRC has sought 
various separate easements and/or permits that are required by other 
Federal and state agencies before it can begin to construct and operate 
its proposed rail line, some of which have been granted but have now 
expired. As stated earlier, principal among these other permitting 
agencies are the three agencies that have asked for cooperating agency 
status in the preparation of this Supplement. In processing their 
easements and/or permits, the three cooperating agencies will utilize 
the Supplement to reach their own conclusions regarding the 
environmental effects of the proposed rail line and have advised SEA 
that they will now view TRRC's proposed project as a single line from 
Miles City to Decker, MT for these permitting purposes. After 
consulting with these agencies, SEA has agreed to provide specific 
additional analysis in the Supplement regarding environmental issues 
related to Tongue River I and Tongue River II to assist them in their 
permitting processes. The agencies may require an independent 
assessment to validate any data in question.
    The Board has already taken actions approving the construction of a 
rail line pursuant to the applications of Tongue River I and Tongue 
River II. However, the cooperating agencies have not completed their 
separate review processes. Each of the cooperating agencies will issue 
their own Record of Decision, and any necessary easements and permits 
\3\ that would be required by their separate processes as a condition 
to the construction of the rail line in

[[Page 5341]]

Tongue River I, Tongue River II, and Tongue River III.
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    \3\ Permits to be issued by cooperating agencies.
    Army Corps of Engineers: Section 404 permit for the placement of 
fill in wetlands and waters of the U.S.
    Bureau of Land Management: Granting of easements across BLM 
owned and/or managed lands.
    State of Montana: Temporary Water Use (Form 600), Floodplain 
Development Permit, Navigable Rivers LUL/Easement (Form DS-432), LUL 
for Access to State Lands (Form DS-401), Right-of-Way Easement for 
Crossing State Land, Notice of Settlement of Damages Form (DS-457), 
MDT Encroachment Permits, Storm Water Discharge (MPDES)--General 
Permit MTR 100000, MPDES (construction related discharge)--Project 
specific permit, 310 Permit (county permit), Short Term Exemption 
from Surface Water Quality Standards (3A), 401 Certification to the 
Army Corps of Engineers, Easement for Crossing Fish Hatchery, 
Approval for private easements across existing DFWP conservation 
easements.
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    BLM and the MT DNRC will hold public scoping meetings on TRRC's 
application for construction and operation TRRC's proposed rail line 
from Miles City to Decker, MT. Both agencies stated that these public 
scoping meetings are necessary in order to fulfill their separate 
permitting requirements. To the extent possible, SEA will address any 
new environmental issues raised at these scoping meetings that are 
relevant to the scope outlined here, and incorporate these issues in 
the Supplement.

Cumulative Effects

    SEA will include in the Supplement a discussion of cumulative 
environmental impacts for the entire line from Ashland to Decker, MT 
for both the Four Mile Creek Alternative and the Western Alignment. 
This cumulative impacts discussion will update the previous information 
contained in Tongue River I and Tongue River II to include Custer 
Forest timber sales projections, as well as a discussion of reasonably 
foreseeable developments. In addition, more general information will be 
provided regarding future development of the coal mines in the Ashland, 
MT area and air quality effects of the use of low sulfur coal in power 
production. Impacts to Native Americans will also be addressed.

Format of the Supplement

    The Supplement will be organized into three separate sections. The 
first section will evaluate the potential impacts associated with the 
proposed Western Alignment in Tongue River III. The second section will 
provide, as appropriate, updated analysis relating to Tongue River I 
and Tongue River II. A third section will discuss cumulative effects 
that would be associated with the construction and operation of the 
entire line from Miles City to Decker, MT from both the Four Mile Creek 
Alternative and the Western Alignment. At their request, and to assist 
the cooperating agencies in their permitting processes, SEA will 
provide appendices that address further environmental issues for the 
individual cooperating agencies. The information outlined in this scope 
will be found either in the body of the Supplement or in an appendix 
provided for each cooperating agency.

Assumptions

     To avoid duplication, the Supplement will refer to and 
utilize the environmental analyses prepared for Tongue River I and 
Tongue River II, if appropriate.
     The Supplement will evaluate the impacts of the proposed 
Western Alignment in Tongue River III, and will compare those impacts 
to the impacts related to the Four Mile Creek Alternative, the No-Build 
Alternative.

Section I

Tongue River III

Potential Environmental Impacts Associated With the Construction and 
Operation of the Western Alignment
1. Land Use
    The Supplement will:
    A. Evaluate impacts to property owners along the Western Alignment 
in terms of property acquisition, agricultural productivity, and 
recreational activities.
    B. Evaluate the impact to parcels with a future potential for 
mechanical irrigation.
    C. Evaluate indirect or secondary impacts to land uses such as 
homes located upstream from creek and river crossing.
    D. Evaluate the impact of sidings as well as the rail line itself.
    E. Develop appropriate mitigation to address issues such as 
fencing, weed protection, cattle passes, and compensation for livestock 
killed by trains.
 2. Biological and Aquatic Resources
    The Supplement will:
    A. Establish a baseline for water quality and diversity of species 
for the Tongue River Region. The Supplement will map existing habitats 
using aerial photography and will describe the existing resources in 
the Tongue River Valley including vegetative communities, wildlife and 
wildlife movement (especially pronghorn and deer migration, and also 
the impact to the movement of smaller species such as turtles and other 
amphibians), fisheries, and Federally threatened or endangered species.
    B. Include a biological assessment of species, updating information 
from Tongue River II as appropriate. Specifically, the assessment will 
investigate species identified by the U.S. Fish and Wildlife Service in 
the species list provided for this project.
    C. Include a delineation of all prairie dog colonies to assist in 
determining the presence of Black-Footed Ferret.
    D. Include a survey of sensitive plant species including the Woolly 
Twinpod, and Barr's Milkvetch.
    E. Include wetland analysis for all wetlands and waters of the U.S. 
including creek and river crossings.
    F. Develop appropriate mitigation to ensure adequate protection 
from the introduction and spread of noxious weeds.
    G. Develop an appropriate mitigation plan for all wetlands and 
waters of the United States.
    H. Develop appropriate mitigation plans for erosion control, 
riverbank stabilization, and the reclamation and replanting of cut/fill 
slopes.
 3. Soils and Geology
    The Supplement will:
    A. Evaluate the potential for soil erosion during construction and 
long-term operation.
    B. Evaluate soil composition and the need for blasting.
    C. Evaluate the effect of blasting on the Tongue River Reservoir 
dam, and require a mitigation blasting plan if such activity is found 
to be necessary.
    D. Evaluate the effect of topography changes on runoff and 
flooding.
    E. Evaluate proposed engineering of bridges and culverts.
    F. Develop any appropriate mitigation.
4. Water Quality
    The Supplement will:
    A. Include a hydrological analysis of the Tongue River and the 
potential impact of the construction and operation of Tongue River III 
upon it.
    B. Evaluate the specific potential of erosion from cut/fill slopes 
to degrade the current water quality of the Tongue River and tributary 
streams.
    C. Develop any appropriate mitigation.
5. Cultural Resources
    The Supplement will:
    A. Evaluate potential impacts to cultural and paleontological 
resources.
    B. Include the final terms of the Programmatic Agreement currently 
under review by the Montana State Historic Preservation Office, the 
Advisory Council on Historic Preservation, BLM, MT DNRC, Corps, the 
Board, and TRRC. The Programmatic Agreement will provide a means for 
identifying and addressing impacts on cultural resources, including 
Native American resources.
    C. Discuss the results of consultation with Native American tribes, 
specifically the Northern Cheyenne and the Crow, taking into 
consideration the following regulatory provisions and directives: The 
National Historic Preservation Act (amended 1992); The American Indian 
Religious Freedom Act (amended 1993); The Religious Freedom Restoration 
Act (enacted in 1993); The Sacred Sites Executive Order (released in 
1996).
    D. Provide the results of consultation with representatives from 
the Northern

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Cheyenne and Crow tribes to solicit information about known properties, 
burials, or traditional use areas on or adjacent to Tongue River III.
    E. Discuss the eligibility of the Spring Creek Archaeological 
District for the National Register of Historic Places, and potential 
impacts to this resource resulting from construction and operation of 
Tongue River III.
6. Transportation and Safety
    The Supplement will:
    A. Evaluate the safety aspects of proposed crossings of the County 
Road at Four Mile Creek (proposed as a grade separated crossing), and 
where the Western Alignment would connect with the approved Tongue 
River II route at the north end (proposed as an at-grade crossing).
    B. Assess the potential for hazardous materials transport through 
the corridor, and the potential for the movement of more trains and 
coal than was envisioned in the prior EIS for Tongue River II.
    C. Assess the potential for train derailments and grade crossing 
accidents.
    D. Assess the safety, operational, and maintenance advantages 
submitted by TRRC regarding the Western Alignment when compared to the 
Four Mile Creek Alternative including TRRC's improved overall grade, 
shorter travel distance, reduced long-term operating and maintenance 
costs, and reduced need for helper engines.
    E. Assess the opportunities for access by local property owners.
    F. Evaluate concerns regarding fire prevention and suppression.
    G. Discuss the terms of the Memorandum of Agreement between the 
Montana Department of Transportation and TRRC that relate to potential 
environmental impacts and the implementation of mitigation measures.
    H. Develop any appropriate mitigation.
7. Energy
    The Supplement will evaluate potential impacts to energy resources, 
and develop any appropriate mitigation.
8. Air Quality
    The Supplement will:
    A. Evaluate construction-permit dust emissions from project 
construction.
    B. Evaluate the effect of dust emissions from the long-term 
operation of the railroad on local recreation areas, farms, and homes.
    C. Evaluate particulate emission from locomotive operation.
    D. Develop any appropriate mitigation.
9. Noise and Vibration Effects
    The Supplement will:
    A. Evaluate the project's effect on local property owners, 
residences, and ranch operations.
    B. Evaluate the project's effect on local recreational activities.
    C. Evaluate the project's effect on livestock and wildlife.
    D. Evaluate the effect of blasting and vibration for the project on 
the Tongue River Reservoir dam if blasting is necessary for 
construction.
    E. Develop any appropriate mitigation.
10. Socioeconomics
    The Supplement will:
    A. Evaluate potential impacts of Tongue River III on local social 
and economic patterns derived from physical changes. More detailed 
analysis of socioeconomics can be addressed by the cooperating agencies 
in their own review process. This could include, as appropriate, 
potential impacts of the project on local population changes in terms 
of short-term and long-term employment; impacts of new students 
generated as a result of construction workers moving into the region; 
increase in Taxable Value for each of the alternatives; any additional 
analysis conducted by BLM.
    B. Develop any appropriate mitigation.
11. Recreation
    The Supplement will evaluate impacts to the Tongue River State 
Recreation Area, and develop any appropriate mitigation.
12. Aesthetics
    The Supplement will:
    A. Evaluate the visibility of the project from the Tongue River 
State Recreation Area.
    B. Evaluate the visibility of the project from county roads in the 
area.
    C. Evaluate the visibility of the project to local residents, 
Native Americans, hunters, recreational users, sightseers, etc.
    D. Develop any appropriate mitigation.
13. Environmental Justice
    The Supplement will include analysis as required of potential 
environmental justice effects from construction and operation of the 
Western Alignment, particularly focused on impacts to Native Americans, 
including the Northern Cheyenne, and develop any appropriate 
mitigation.

Section II

Tongue River I and Tongue River II

Additional Environmental Review
    As discussed earlier, the following section outlines additional 
analysis of certain limited portions of the environmental analysis in 
Tongue River I and Tongue River II that will be undertaken in the 
Supplement. Based on careful review of all the comments to the NOI and 
consultation with the three cooperating agencies, SEA and the 
cooperating agencies believe that additional analysis beyond Tongue 
River III is justified in three areas: (1) Where environmental 
circumstances or requirements have changed in a manner warranting the 
updating and augmenting of analysis for Tongue River I or Tongue River 
II; (2) where there have been refinements to the alignment previously 
considered in the Tongue River I and Tongue River II EISs requiring 
additional environmental analysis because they might result in 
significant environmental impacts not addressed in those previous EISs; 
and (3) where further environmental analysis is appropriate to assist 
the cooperating agencies in their environmental review and permitting 
processes, as specifically requested by these agencies.
    The information required to address these three areas will be 
included either in the body of the Supplement, or in an appendix 
provided for each cooperating agency. The additional analysis will 
include appropriate mitigation.
    Again, the applicable assumptions are:
     To avoid duplication, the Supplement will refer to and 
utilize the environmental analyses contained in the prior environmental 
documents for Tongue River I and Tongue River II, where possible.
     The Supplement will evaluate refinements to the alignment 
previously considered in Tongue River I and Tongue River II to 
determine if environmental impacts would occur that were not identified 
in the prior EISs for Tongue River I and Tongue River II.

Tongue River I

    Tongue River I is TRRC's original application for construction and 
operation of 89 miles of railroad between Miles City, MT, and two 
termini in Ashland, MT, which was approved by the Board's predecessor 
in 1986.
    The Supplement will:
    A. Include a wetland analysis for all wetlands and waters of the 
U.S. including creek and river crossings

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because there was no requirement that one be done when the EIS in 
Tongue River I was prepared.
    B. Update biological assessment information based on consultation 
with the U.S. Fish and Wildlife Service.
    C. In consultation with the Montana State Historic Preservation 
Office, the Advisory Council on Historic Preservation, BLM, MT DNRC, 
the Corps, and TRRC finalize and implement an appropriate Programmatic 
Agreement which will apply to the entire line from Miles City to 
Decker, MT.
    D. As requested by MT DNRC, the Northern Cheyenne, and the Northern 
Plains Resource Council, provide a limited additional analysis of water 
quality to include a discussion of the designation of Otter Creek, and 
the upper and lower Tongue River as impaired water bodies by the state 
of Montana.
    E. Evaluate effects on BLM property in the areas of wildlife 
habitat; vegetation; riparian/wetlands; livestock grazing; soil, water, 
and air; cultural resources; recreation; socioeconomic; access; 
wilderness; and, environmental justice.
    F. Include an analysis of potential impacts to the Sturgeon Chub, 
and the Sicklefin Chub, and include mitigation to avoid construction 
during spawning/incubation periods.
    G. Include additional analysis related to the proposed changes in 
the alignment that may result in potential impacts to the Miles City 
Fish Hatchery.

Tongue River II

    TRRC sought in Tongue River II to extend the rail line approved in 
Tongue River I another 41 miles from Ashland to Decker, MT. In 1996, 
the Board approved Tongue River II via the Four Mile Creek Alternative.
    The Supplement will:
    A. Based on consultation with the Corps, update the existing 
wetland delineation and functional analysis information for all creek 
and river crossings to the extent necessary in connection with the 
Corps' permitting process.
    B. Based on consultation with the U.S. Fish and Wildlife Service, 
update biological assessment information to the extent deemed 
necessary.
    C. In consultation with the Montana State Historic Preservation 
Office, the Advisory Council on Historic Preservation, BLM, MT DNRC, 
the Corps, and TRRC, finalize and implement an appropriate Programmatic 
Agreement which will apply to the entire line from Miles City to 
Decker, MT.
    D. As requested by the MT DNRC, the Northern Cheyenne, and the 
Northern Plains Resource Council, provide a limited analysis of water 
quality to include a discussion of the designation of Hanging Woman 
Creek, and the upper and lower Tongue River as impaired water bodies by 
the state of Montana.
    E. Include additional analysis as required of potential 
environmental justice effects from construction and operation of Tongue 
River II on Tongue River III and the Four Mile Creek Alternative, 
particularly focused on impacts to Native Americans, including the 
Northern Cheyenne.

Section III

Cumulative Effects

    Cumulative effects of the construction and operation of the entire 
line from Miles City to Decker, MT will be discussed. This cumulative 
impacts discussion will update the previous information contained in 
Tongue River I and Tongue River II to include Custer Forest timber 
sales projections, as well as a discussion of reasonably foreseeable 
developments. In addition, more general information will be provided 
regarding future coal mine development in the Ashland, MT area and the 
air quality effects of the use of low sulfur coal in power production. 
Impacts to Native Americans will also be addressed.

    By the Board, Elaine K. Kaiser, Chief, Section of Environmental 
Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. 99-2557 Filed 2-2-99; 8:45 am]
BILLING CODE 4915-00-M