[Federal Register Volume 65, Number 46 (Wednesday, March 8, 2000)]
[Notices]
[Page 12280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-5535]


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DEPARTMENT OF JUSTICE


Notice of Extension of Time for Comments Relating to the Lodging 
of a Consent Decree Pursuant to the Comprehensive Environmental 
Response, Compensation, and Liability Act, the Clean Water Act, and the 
Resource Conservation and Recovery Act

    Notice is hereby given of an extension of time under which the 
Department of Justice will receive comments relating to the proposed 
Consent Decree in United States and State of Idaho v. Union Pacific 
Railroad Co., Case No. 99-606-N-EJL (D. Idaho) and Coeur d' Alene Tribe 
v. Union Pacific Railroad Co., Case No. CV 91-0342-N-EJL (D. Idaho). 
The proposed Consent Decree was lodged with the United States District 
Court for the District of Idaho on December 23, 1999 and previously 
noticed in the Federal Register on January 20, 2000 (65 FR 3249). The 
earlier noticed comment period would have expired on February 22, 2000, 
but comments will now be considered if received by March 8, 2000.
    The Consent Decree settles claims by the United States, the State 
of Idaho, and the Coeur d'Alene Tribe (Tribe) asserted against Union 
Pacific Railroad Company (Union Pacific) under Sections 106 and 107 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA), 42 U.S.C. 9606 and 9607, and Section 311 of the Clean 
Water Act (CWA), 33 U.S.C. 1321. The Complaint of the United States and 
the State seeks injunctive relief requiring Union Pacific to implement 
the non-time-critical removal action selected by EPA, the State and the 
Tribe, for most of Union Pacific's 71.5-mile-long railroad right of way 
between Mullan and Plummer, Idaho (the ROW) and certain adjacent areas 
(collectively the Project Area) in the Coeur d'Alene Basin in northern 
Idaho. The Plaintiffs' Complaints also seek past and future CERCLA 
response costs incurred by EPA, the Departments of the Interior 
(Interior) and Agriculture (Agriculture), the State, and the Tribe in 
connection with the Project Area and damages for injuries to natural 
resources throughout the Coeur d'Alene Basin.
    The Consent Decree requires Union Pacific to implement the response 
action selected for the Project Area and specified additional work 
needed to convert the ROW into a biking/hiking trail for public use. 
The estimated total cost of this work is over $25 million. In addition, 
Union Pacific agrees to pay (1) the past response costs incurred by the 
United States, the State and the Tribe in connection with the 
negotiations and the Engineering Evaluation and Cost Analysis (EE/CA) 
needed to select the response action (approximately $600,000 for the 
United States); (2) $2,730,000 to the State and the Tribe, primarily 
for their expected future costs of maintaining public amenities along 
the biking/hiking trail; (3) $35,000 to fund educational activities to 
be conducted by Plaintiffs as part of the Response Action; (4) up to 
$25,000 per year for 10 years to the Tribe for costs in incurs for 
operation and maintenance of the Chatcolet Bridge; (5) the future 
response costs of all three governments for oversight of the removal 
action; and (6) $2,000,000 to Interior, Agriculture, and the Tribe for 
natural resource damages.
    In exchange, Union Pacific will receive a covenant not to sue for 
response actions and costs relating to the Project Area (primarily the 
ROW) pursuant to Sections 106 and 107(a) of CERCLA, Section 311 of the 
CWA, and Section 7003 of RCRA. Union Pacific will also receive a 
covenant not to sue for natural resource damages under CERCLA and the 
CWA in the ``Coeur d'Alene Basin Environment,'' an area that includes 
the watersheds of both the North and South Forks of the Coeur d'Alene 
River, the main stem of the Coeur d'Alene River, and Lake Coeur 
d'Alene.
    Comments should be addressed to the Assistant Attorney General of 
the Environment and Natural Resources Division, Department of Justice, 
P.O. Box 7611, Washington, D.C. 20044-7611, should refer to United 
States and State of Idaho v. Union Pacific Railroad Co., Case No. 99-
606-N-EJL (D. Idaho), D.J. Ref. No. 90-11-3-128/1, and should be 
received by March 8, 2000. Commenters may request an opportunity for a 
public meeting in the affected area, in accordance with Section 7003(d) 
of RCRA, 42 U.S.C. 6973(d).
    The Consent Decree may be examined at the Office of the United 
States Attorney, First Interstate Center, 877 West Main Street, Suite 
201, Boise, Idaho 83702 and at North Idaho College Library, 1000 West 
Garden Avenue, Coeur d'Alene, Idaho 83814. A copy of the Consent Decree 
may also be obtained by mail from the Department of Justice Consent 
Decree Library, P.O. Box 7611, Washington, DC 20044. In requesting a 
copy, please enclose a check in the amount of $255.75 (25 cents per 
page reproduction cost, with exhibits) payable to the Consent Decree 
Library. If requesting a copy of the Consent Decree exclusive of 
exhibits, please enclose a check in the amount of $27.25 (25 cents per 
page reproduction cost) payable to the Consent Decree Library.

Joel M. Gross,
Chief, Environmental Enforcement Section, Environment and Natural 
Resources Division.
[FR Doc. 00-5535 Filed 3-7-00; 8:45 am]
BILLING CODE 4410-15-M