[Federal Register Volume 65, Number 8 (Wednesday, January 12, 2000)]
[Notices]
[Pages 1946-1947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-739]


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DEPARTMENT OF TRANSPORTATION

Surface Transportation Board
[Finance Docket No. 33407]


Dakota, Minnesota and Eastern Railroad Corporation Construction 
Into the Powder River Basin

AGENCY: Surface Transportation Board, DOT.


[[Page 1947]]


ACTION: Amended notice of intent to prepare an environmental impact 
statement (EIS); addition of U.S. Coast Guard and U.S. Department of 
the Interior Bureau of Reclamation as cooperating agencies.

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SUMMARY: On February 20, 1998, the Dakota, Minnesota and Eastern 
Railroad Corporation (DM&E) filed an application with the Surface 
Transportation Board (Board) for authority to construct and operate new 
rail line facilities in east-central Wyoming, southwest South Dakota, 
and south-central Minnesota. The project involves approximately 280.9 
miles of new rail line construction. Additionally, DM&E proposes to 
rebuild approximately 597.8 miles of existing rail line along its 
current system to standards acceptable for operation of unit coal 
trains. The project would require actions by a number of Federal 
agencies, including the Board, the U.S. Department of Agriculture 
Forest Service (USFS), the U.S. Department of Interior Bureau of Land 
Management (BLM), and the U.S. Army Corps of Engineers (COE), who 
previously agreed to be cooperating agencies for the EIS. As part of 
its plans to rebuild its rail line through Pierre, South Dakota, DM&E 
proposes to rebuild its existing bridge or construct a new bridge over 
the Missouri River to permit the operation of unit coal trains. The 
U.S. Coast Guard (USCG) has responsibility and authority to issue 
bridge permits under the provisions of Section 9 of the Rivers and 
Harbors Act of 1899, and under the General Bridge Act of 1946. 
Therefore, in order for DM&E to rebuild or construct a new bridge over 
navigable waters, it must apply for a permit from the USCG, which in 
turn would require an environmental review of DM&E's action pursuant to 
NEPA. The U.S.D.I. Bureau of Reclamation (USBR) is the agency 
responsible for operation and administration of the Angostura Reservoir 
and associated irrigation canals and ditches. The USBR works closely 
with the local irrigation district for repayment of project costs based 
on water delivered and acres of irrigated land. If this project crosses 
lands, irrigation ditches or canals under the jurisdiction of the USBR, 
a permit for such crossings will be required from the USBR prior to 
construction. Depending on the alternative approved for construction, 
the USBR may be required to issue a permit, which would normally 
require environmental review. Consequently, USCG and USBR have agreed 
to be cooperating agencies for the EIS. The purpose of this Amended 
Notice of Intent is to notify persons and agencies interested in or 
affected by the proposed project of additional USCG and USBR decisions 
triggered by the project.

SUPPLEMENTARY INFORMATION:

Environmental Review Process

    The Board has determined that an Environmental Impact Statement 
(EIS) must be prepared in accordance with the provisions of the 
National Environmental Policy Act (NEPA) prior to its decisions on the 
proposed project.
    The Board is the lead agency, pursuant to 40 CFR 1501.5(c), 
supervising the preparation of the EIS. The USFS, BLM, COE, USCG, and 
USBR are cooperating agencies, pursuant to 40 CFR 1501.6, and shall 
adopt the EIS and base their respective decisions on it. The NEPA 
process is intended to assist the Board, its cooperating agencies, and 
the public in identifying and assessing the potential environmental 
consequences of a proposed action before a decision on the proposed 
action is made. The Board's Section of Environmental Analysis (SEA) is 
responsible for ensuring that the Board complies with the NEPA, 42 
U.S.C. 4321-4335, and related environmental statutes. The EIS should 
include all of the information necessary for decisions by the Board and 
the cooperating agencies.
    SEA and the cooperating agencies are preparing a Draft EIS (DEIS) 
for the proposed project. The DEIS will address those environmental 
issues and concerns identified during the scoping process and detailed 
in the scope of study. It will also contain a reasonable range of 
alternatives to the proposed action and recommended environmental 
mitigation measures. The DEIS will be made available upon its 
completion for public review and comment. A Final EIS (FEIS) will then 
be prepared reflecting SEA's further analysis and the comments on the 
DEIS. In reaching each decision in this case, the agencies will take 
into account the DEIS, the FEIS, and all public and agency comments 
received.

FOR FURTHER INFORMATION CONTACT:
Victoria Rutson, Project Manager, Surface Transportation Board, Powder 
River Basin Expansion Project, 1-877-404-3044;
U.S.D.A. Forest Service, Wendy Schmitzer, (307) 358-4690;
U.S.D.I. Bureau of Land Management, Bill Carson, (307) 746-4453;
U.S. Army Corps of Engineers, Jerry Folkers, (402) 221-4173;
U.S. Coast Guard, Roger Wiebusch, (314) 539-3900, ext. 378;
U.S.D.I. Bureau of Reclamation, Dennis Breitzman, (701) 250-4242, ext. 
3101.

    By the Board, Elaine K. Kaiser, Chief, Section of Environmental 
Analysis.
Vernon A. Williams,
Secretary.
[FR Doc. 00-739 Filed 1-12-00; 8:45 am]
BILLING CODE 4915-00-P