Grangeville-Spalding_dh.doc

February 22, 2000

Director Dwight Bower
Idaho Transportation Department

Director Yvonne S. Ferrell
Idaho Department of Parks & Recreation

Director Rodney Sando
Idaho Department of Fish & Game

Statehouse Mail
Boise, ID 83720

Re: Abandonment of the Grangeville-Spalding Rail Line

Dear Directors:

The Camas Prairie RailNet intends to file an Application with the Surface Transportation Board (STB) to abandon the 66-mile Grangeville-Spalding rail line. The STB is the entity within the U.S. Department of Transportation with the authority to approve or deny rail line abandonments. The Railroad has notified the Idaho Public Utilities Commission that the Application will be filed with the STB on or about April 1, 2000.

Although the authority to grant or deny rail abandonment is governed by federal law, state law requires that the Public Utilities Commission schedule a public hearing on the proposed abandonment. Idaho Code § 62-424. The purpose of this public hearing is for the Commission to determine whether the abandonment would: (1) adversely affect the area being served; (2) impair the access of Idaho shippers to vital goods and markets; and (3) whether the rail line has the potential for profitability. If the Commission finds the abandonment would adversely affect the area being served and that the line has the potential for profitability, then the Commission may protest the abandonment in the STB proceeding.

One issue that arises in the STB proceeding is whether any of the railroad rights-of-way is “appropriate for use for public purposes, including highways, other forms of mass transportation, conservation, energy production or transmission, or recreation.” 49 U.S.C. § 10905. The Railroad states on page 3 of its draft Environmental and Historical Report (enclosed) that it “does not believe that the rights-of-way is suitable for alternative public use[s].” Despite this declaration, your agencies may wish to examine whether any portion(s) of the rights-of-way would be suitable for use by your agency. For example, portions of the rail line run parallel to U.S. Highway 95 (and in some cases are immediately adjacent to the highway). In addition, some railroad rights-of-way have been acquired in past proceedings for sportsmen access, habitat enhancement, and recreation usage (e.g., rails-to-trails).

Public use or trail use conditions have no affect on the Board’s decision whether to grant or deny a railroad abandonment. Public use and trail conditions are only considered after the STB has decided to permit an abandonment. If your agency believes that there are viable alternative public uses for the railroad rights-of-way, then the STB may prohibit the Railroad from selling or otherwise disposing of the rail corridor for up to 180 days after the effective date of the abandonment (if granted). During this 180-day period, state agencies may negotiate with the Railroad to acquire (i.e., purchase) the property for public use.

If your agency is interested in alternative public uses for the rights-of-way or imposition of a rails-to-trails condition, these requests must be forwarded to the STB no later than 45 days after the Camas Prairie files its abandonment application or by approximately May 10, 2000. If the PUC decides to protest the abandonment, then any public use conditions that your agency desires to request will be included as part of the PUC’s comments to the STB. Please let me know at your earliest convenience if your agency is interested in requesting public use conditions as part of the STB proceeding.

If you or your Staffs have questions about alternative public uses or other abandonment questions, please contact me at [phone].

Sincerely yours,

Donald L. Howell, II
Deputy Attorney General

Enclosures

Cc: Ron Law
Jim Yost
Terry Coffin
Jack McMahon
Dallas Burkhalter
Nick Krema

Vld/L:Grangeville-Spalding_dh
February 22, 2000
Page 2

1

2