[Federal Register Volume 64, Number 155 (Thursday, August 12, 1999)]
[Notices]
[Pages 44079-44080]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-20874]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[Docket No. AB-33 (Sub-No. 70)]


Union Pacific Railroad Company--Abandonment--Wallace Branch, ID

    On June 18, 1999, Union Pacific Railroad Company (UP) filed with 
the Surface Transportation Board (Board), environmental information 
required to complete the environmental compliance process and to 
receive final approval to abandon and salvage its Wallace Branch line. 
The line extends 71.5 miles from milepost 16.5 near Plummer to milepost 
80.4 and/or 0.00 near Wallace, and then to milepost 7.6 near Mullan, in 
Benewah, Kootenai, and Shoshone Counties, Idaho.1 UP also 
filed a Notice of Intent to Complete Abandonment Proceeding, which was 
published once each week for three consecutive weeks in local 
newspapers in Benewah, Kootenai, and Shoshone Counties on May 26, and 
June 2 and 9, 1999.
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    \1\ The line traverses the U.S. Postal Service zip codes 83851, 
83861, 83833, 83810, 83839, 83837, 83873, 83846, and 83868. The 
Wallace Branch no longer has stations because rail service was 
discontinued in accordance with the approval of the predecessor 
agency of the Board, the Interstate Commerce Commission (ICC), and 
the discontinuance was upheld by the United States Court of Appeals 
for the District of Columbia Circuit.
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Background

    On August 22, 1991, UP filed an application with the ICC seeking 
authority under 49 U.S.C. 10903 and 10904 to abandon and discontinue 
operations over the Wallace Branch line. In a decision served November 
2, 1992, in Docket No. AB-33 (Sub-No. 70) the ICC found that the public 
convenience and necessity permitted UP to abandon its Wallace Branch 
line. In that same decision, the ICC decided that UP could discontinue 
service immediately but could not fully abandon the line--salvage and 
permanently remove it from the rail network--until the environmental 
impact of the proposed abandonment was resolved. Specifically, the ICC 
imposed six environmental conditions 2 that require 
consultation and possible permitting and environmental review by 
various state and federal environmental agencies prior to any salvage 
of the track.
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    \2\ 1. UP shall not salvage any railroad infrastructure, 
including the rail and ties, along the entire right-of-way until it 
has consulted with the Idaho Department of Environmental Quality and 
the U.S. Environmental Protection Agency. This consultation will 
ensure that if and when salvage activity ultimately takes place, it 
will be in compliance with the Comprehensive Environmental Response, 
Compensation and Recovery Act, 42 U.S.C. Sec. 6901 et seq., and/or 
other applicable laws and regulations.
    2. Pursuant to the U.S. Fish and Wildlife Service (``USFWS'') 
request, UP, prior to any salvage activity, shall determine, using 
National Wetland Inventory Maps, if wetlands are located along the 
right-of-way. If wetlands are located along the right-of-way, UP 
shall consult with USFWS prior to any disturbance of the right-of-
way and comply with any applicable requirement of the U.S. Fish and 
Wildlife Coordination Act, 16 U.S.C. Sec. 661.
    3. UP shall not undertake any salvage activities on the Wallace 
Branch until compliance with Sec. 7 of the Endangered Species Act of 
1973, 16 U.S.C. Sec. 1531, has been completed. As a part of the 
Sec. 7 compliance process, UP shall retain an independent biological 
consultant, to work under the supervision of the Board's Section of 
Environmental Analysis (SEA) and in cooperation with USFWS to 
prepare a biological assessment.
    4. A Water Pollution Control Act permit under 33 U.S.C. 
Sec. 1251, et seq., may be required prior to salvage of the portion 
of the Wallace Branch where it crosses the Coeur d'Alene River. 
Prior to any salvage activities, UP shall contact the Idaho 
Department of Health and Welfare, Division of Environmental Quality, 
to determine if such a permit is required and take the necessary 
steps to secure a permit.
    5. The U.S. Army Corps of Engineers (CORPS) has expressed 
concern regarding impacts to wetlands and water quality if UP 
salvages the right-of-way. In addition, the CORPS has indicated that 
materials in the area through which the track passes should be 
tested prior to any attempt to remove it. Accordingly, UP shall 
consult with the CORPS prior to undertaking any salvage activities 
to determine what appropriate mitigation may be required.
    6. UP shall retain its interest in and take no steps to alter 
the historic integrity of all structures, including the line itself, 
that are 50 years old or older until completion of the Sec. 106 
process of the National Historic Preservation Act, 16 U.S.C. 
Sec. 470f.
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    On judicial review (State of Idaho, et al. v. ICC, 35 F.3d 585 
(D.C. Cir. 1994)), the court affirmed the ICC's decision to permit UP's 
immediate discontinuance of rail operations. Thus, that portion of this 
case is administratively final and no longer at issue. In addition, 
however, the court found that the ICC's environmental analysis was not 
complete because the ICC did not have all of the information to take a 
``hard look'' at the environmental impact of salvage operations on the 
line. Accordingly, the court remanded the ICC's salvage authorization.
    Pursuant to the court's decision, the ICC, by decision issued in 
December 1994, reopened that portion of the case to complete the 
environmental analysis of salvage and vacated its conditional 
authorization of salvage (except for the portion of the line within the 
Bunker Hill Superfund site).3 Therefore, the grant of 
abandonment authority in this proceeding is not final, and UP cannot 
conduct salvage activities on the portion of the line outside the 
Superfund site before it submits the necessary environmental 
documentation to complete the environmental compliance process and 
receives final approval from the Board to salvage that portion of the 
line.
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    \3\ Section 121(e)(1), 42 U.S.C. 9621(e)(1), relieves UP of the 
requirement to obtain ICC or Board approval if it salvages track in 
connection with remediation carried out in compliance with the 
Comprehensive Environmental Response, Compensation and Liability 
Act.
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Environmental Compliance

    On June 18, 1999, UP filed environmental documentation with the 
Board, that UP believes responds to the ICC's six environmental 
conditions, the court remand, and the ICC's decision reopening this 
proceeding. UP's environmental documents include (1)

[[Page 44080]]

an Environmental Evaluation/Cost Analysis and a Track Salvage Work Plan 
developed in consultation with and with the approval of the U.S. 
Environmental Protection Agency and the Idaho Department of 
Environmental Quality; (2) relevant National Wetland Inventory Maps; 
(3) a biological assessment required by section 7 of the Endangered 
Species Act; (4) a cultural resource inventory report; and (5) 
correspondence from State and local government agencies. UP indicates 
that copies of these documents were made available for public review 
and comment for 20 days in May and June, 1999, at several locations 
near the Wallace Branch and were provided to interested persons who 
requested them. No comments were received by UP.
    Interested persons should be aware that the SEA intends to prepare 
a Supplemental Environmental Assessment (Supplemental EA) 4 
analyzing UP's environmental documentation, including any comments 
received and preliminarily determining whether the outstanding 
environmental issues have been resolved and UP has fully complied with 
the environmental review process. The Supplemental EA will be served on 
all persons on the Board's service list in Docket No. AB-33 (Sub-No. 
70) and upon other affected agencies. Any other persons who would like 
to obtain a copy of the Supplemental EA must contact SEA.
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    \4\ SEA issued an Environmental Assessment for public review and 
comment on September 27, 1991, in connection with UP's original 
abandonment application.
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    There will be a 30-day period for all interested persons and 
agencies to review and comment on the Supplemental EA. Based on SEA's 
independent review of UP's environmental documentation, any further 
environmental review and consultation by SEA, and consideration of all 
timely comments received on the Supplemental EA, SEA will make final 
environmental recommendations to the Board. The Board will then issue a 
final decision granting or denying UP final authority to abandon the 
line and salvage the portion outside of the Superfund site, imposing 
any future environmental mitigation that it deems appropriate if final 
approval to abandon is granted.
    Any offer of financial assistance (OFA) under 49 CFR 1151.27(b)(2) 
will be due no later than 10 days after service of a decision granting 
final approval for abandonment. Each offer must be accompanied by a 
$1,000 filing fee. See 49 CFR 1002.2(f)(25).
    All interested persons should be aware that, following any final 
approval by the Board to abandon and salvage the line, the line may be 
suitable for other public use, including interim trail use. Any request 
for a public use condition under 49 CFR 1152.28 or for trail use/rail 
banking under 49 CFR 1152.29 will be due no later than September 7, 
1999. Each trail use request must be accompanied by a $150 filing fee. 
See 49 CFR 1002.1(f)(27). If a trail use request is filed, UP will 
notify the Board whether and with whom it intends to negotiate a trail 
use agreement no later than September 22, 1999.
    On August 3, 1999, the State of Idaho (State) and the Coeur d'Alene 
Tribe (Tribe) filed a request that a Certificate of Interim Trail Use 
(CITU) be issued and enclosed its ``Statement of Willingness to Assume 
Financial Responsibility.'' 5 The State and the Tribe need 
not refile their trail use request, which will be considered by the 
Board at the time of the issuance of its final decision in this matter.
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    \5\ The ICC had received a request for the issuance of a CITU 
permitting interim trail use on the entire line in August 1995. The 
Board denied the trail use request as premature by decision issued 
November 15, 1996.
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    All interested persons may file written comments with the Board on 
any remaining issues no later than September 7, 1999.
    All filings in response to this notice must refer to Docket No. AB-
33 (Sub-No. 70) and must be sent to: (1) Surface Transportation Board, 
Office of the Secretary, Case Control Unit, 1925 K Street, N.W., 
Washington, DC 20423-0001, and (2) Thomas Greenland, Environmental 
Counsel, Union Pacific Railroad Company, 1416 Dodge Street, Omaha, NE 
68179, (402) 271-4634.
    Persons seeking further information concerning abandonment 
procedures may contact the Board's Office of Public Services at (202) 
565-1592 or refer to the full abandonment or discontinuance regulations 
at 45 CFR part 1152. Questions concerning environmental issues may be 
directed to Phillis Johnson-Ball at the SEA at (202) 565-1530.
    Board decisions and notices are available on our website at 
``WWW.STB.DOT.GOV.''

    Decided: August 5, 1999.

    By the Board, David M. Konschnik, Director, Office of 
Proceedings.
Vernon A. Williams,
Secretary.
[FR Doc. 99-20874 Filed 8-11-99; 8:45 am]
BILLING CODE 4915-00-P