Idaho Report - Rails-to

Transcription

Idaho Report - Rails-to
Prepared by Rails-to-Trails Conservancy
Milwaukee Road
Rail-Trail in Idaho
Inventory and Assessment
AN INVENTORY AND ASSESSMENT OF THE MILWAUKEE ROAD RAIL CORRIDOR IN IDAHO
M I LWA U K E E R O A D R E P O R T • RAILS-TO-TRAILS CONSERVANCY
Milwaukee Road Rail-Trail
in Idaho
Inventory and Assessment
An Inventory and Assessment of the Milwaukee Road Rail Corridor in Idaho
April 2006
TRAILDART
T R AIL D EVELOPMENT A SSISTANCE R ESPONSE T EAM
A Service of Rails-to-Trails Conservancy
M I LWA U K E E R O A D R E P O R T • RAILS-TO-TRAILS CONSERVANCY
TABLE OF CONTENTS
INTRODUCTION .................................................................................... 2
Project Goals and Objectives ............................................................ 2
The Value of Trails ............................................................................ 2
CORRIDOR RESEARCH ............................................................................ 4
Technical Methodology .................................................................... 4
Idaho Rail History ............................................................................. 4
Milwaukee Road History ................................................................... 5
Proceedings before the Interstate Commerce Commission ................ 6
Primary Route ............................................................................ 6
Spurs
.................................................................................... 7
Segment Summary Information ................................................. 8
Historic Places Summary ............................................................ 9
Historic Tunnels ....................................................................... 10
Federally Granted Right-of-Way (ROW) Information ........................ 11
FUNDING SOURCES IN IDAHO ............................................................. 24
Federal Funding Sources ................................................................. 24
Transportation Enhancements .................................................. 24
State Level Funding Sources ........................................................... 34
Private Funding Sources ................................................................. 34
Other Funding Sources ................................................................... 35
CONCURRENT STUDIES AND PROJECTS ............................................... 37
LIST OF OPEN RAIL TRAILS IN IDAHO ................................................... 38
APPENDIX A: LIST OF COUNTIES AND TARIFF STATIONS IN IDAHO ...... 40
APPENDIX B: A SUMMARY DESCRIPTION OF LAND USE PATTERNS ...... 41
APPENDIX C: LIST OF STOPS ON SYSTEM MAP .................................... 43
ABOUT THE RAILS-TO-TRAILS CONSERVANCY ...................................... 44
CORRIDOR ASSESSMENT ...................................................................... 12
IDAHO LEGAL REVIEW .......................................................................... 18
Background Framework for Evaluating Railroad Ownership Issues ... 18
Idaho State Law Affecting Ownership of Rail Corridors .................... 19
Nature of Interest Acquired by Railroad .................................... 19
General Principles of Deed Construction ............................ 19
Construction of Deed As Fee versus Easement ................... 19
Nature of Interest Acquired by Adverse Possession ............. 20
Nature of Interest Conveyed by Federal Land Grants ......... 21
Limitations on Future Interests ................................................. 22
Abandonment ......................................................................... 22
Transferability of Railroad Easements for Trail Use ..................... 22
Liability of Trail Managers under Idaho Law .................................... 23
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 1
INTRODUCTION
PROJECT GOALS AND OBJECTIVES
Over 150 years ago, in 1847, the railroad which was to become known as the “Milwaukee
Road” was incorporated and by 1905 extended from Chicago to Puget Sounds, Washington.
A technical marvel, “it pioneered long-distance electrification (656 route miles), was
constructed of all-welded freight and passenger cars, and operated high-speed intercity
passenger trains. (The steam powered Hiawatha commonly ran over 100 m.p.h..) The
road employed thousands and touched millions during its operation.”1 It is our hope that
the legacy of the Milwaukee Road can be preserved. Through the establishment of a trail,
users will once again be able to traverse the trestles, submerge themselves in the tunnels,
enjoy the beauty of the landscape, and soak in the history of a route vital to U.S. history.
THE VALUE OF TRAILS
Trails and greenways positively impact individuals and improve communities by providing recreation and
transportation opportunities, and encouraging economic and community development. Trails and
greenways bring many benefits to the community they traverse.
RECREATIONAL OPPORTUNITIES. Most trail corridors are flat or have gentle grades, making them
perfect for a variety of users, including walkers, equestrians, bicyclists and people with disabilities. Trails
are multimodal and versatile greenways.
INCREASED PROPERTY VALUES. Studies have shown that properties on land near or adjacent to trails
and greenways often increase in value. People are willing to pay more to have a multi-use trail in their
neighborhood. Trails have become an important amenity that many look for when choosing where to live.
1 From the Milwaukee Public Library Milwaukee Railroad Archives Web site, www.mpl.org/File/hum_milwroad_info.htm#History,
accessed October 7, 2005.
2 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
HEALTHY LIVING. The U.S. Surgeon General estimates that 60 percent of American adults are not regularly active and 25 percent are not active at all. Not surprisingly, from 1991 to 2001, the number of
Americans considered obese rose from 12 to 21 percent. In many communities across the country,
people do not have access to trails, parks or other recreation areas close to their homes. Trails and
greenways provide safe, inexpensive avenues for regular exercise.
ENVIRONMENTAL AND OPEN SPACE PROTECTION. Trails and greenways help improve air and water
quality. Trails provide enjoyable and safe options for clean transportation, which reduces air pollution. By
protecting land along canals and streams, greenways prevent soil erosion and filter pollution caused by
agricultural and road runoff.
CONNECTING PEOPLE AND COMMUNITIES. Trails serve as utilitarian transportation corridors linking
neighborhoods, workplaces and additional community destinations such as schools, libraries and shopping centers. They connect congested urban areas with parks and open spaces. By bringing people
together on greenways for their daily activities, trails unite people and their natural surroundings.
REGIONAL SYSTEMS. As more and more trails are completed, we are beginning to see
the emergence of regional systems of interconnected trails and other alternative transportation corridors such as on-street bike lanes. Trails serve as the backbone for these
systems, increasing the value of the whole by connecting the parts. Regional trail systems cross political, social and economic barriers, allowing trail users to form new connections with neighboring communities. These ribbons of green link schools, parks,
commercial areas, neighborhoods and waterfronts, allowing trail users to traverse the
region solely and safely on trails. Trail networks form a more cohesive transportation
system, allowing people to travel to other communities and to combine trail use with
other forms of transit. Regional trail systems draw more riders from outside the community, contributing to the economic growth of the region. Bringing trails together to
form networks dramatically increases the positive effects that trails bring to their communities.
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 3
CORRIDOR RESEARCH
TECHNICAL METHODOLOGY
IDAHO RAIL HISTORY
Our goal is to provide communities the information and guidance they need to implement a
multi-purpose rail-trail along the Milwaukee Road
corridor. This process requires a series of steps that
build on each other and ultimately provides a
holistic view of the current state of the corridor
and actions needed to be undertaken for trail
conversion.
Like most of the northwest territory of the United
States, in the early part of the 1800s and the centuries preceding it, Idaho was an untouched haven
for Native Americans. When Louis and Clark ventured onto its lands in 1805, American businessmen, traders, and settlers alike saw the revenue
potential of the area. Military forts, trading posts,
and convenient stops along the Oregon Trail
turned Idaho into an up-and-coming settlement.
With the construction of a mission in 1836, Idaho’s
first school, irrigation system, and potato farms
emerged.
The first step of such a process is to create an
inventory of the trail, which includes a visual inspection along its entire length, research on the
corridor history, a review of state case law, and
availability of trail funding, all of which can be
found in this report.
Within the report and in the appendix one can
find much of the supporting information including
a list of counties and tariff stations the Milwaukee
Road traversed in Idaho, land use patterns along
the route, and a list of owned and shared rail
trackage.
The Gold Rush of 1849 saw huge numbers of
settlers arrive in the area. By 1874, railroad services
finally reached Idaho by way of Franklin, the
territory’s first town. In 1890, with the population
continually growing due to the influx of new settlers such as gold miners, Idaho became the 43rd
state.
Idaho’s first main railroad was constructed by
Northern Pacific. Connecting the mid-west with
the west, the railroad ran from Montana, straight
through Idaho, and into Washington. Despite
Idaho’s growing economy and population, railroad
construction began in the state’s neighboring
Washington and Montana territories. The Northern
Pacific railroad is mostly responsible for this, starting in Minnesota and Seattle and working its way
4 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
inland. Northern Pacific bought out several small
railroads, in Idaho and neighboring territories,
which increased the company’s profits and allowed access to mines in Idaho’s panhandle.
With Northern Pacific running most of the railroads in this new territory, exploration and colonization became much easier and much more frequent. On September 8, 1883 the last spike was
driven into the rails that would connect the east to
the west. In September of 1899, the Great Northern Railroad, a close competitor and partner of the
Northern Pacific completed a second rail line that
would connect the mid-west with the west. By the
early 20th century, the Chicago, Milwaukee, St.
Paul & Pacific Railroad, known as the Milwaukee
Road, which ran from Milwaukee to Seattle, provided a third important rail line through Idaho.
In addition to transcontinental lines, local lines
were being built as well. The St. Anthony Railroad,
Idaho’s first intrastate rail line, was opened in 1899
from Idaho Falls to St. Anthony in the southeast
part of the state. The Minidoka & Southwestern
railroad built a line from Minidoka to Buhl, Idaho
that opened in 1905 and covered much of the
south central part of the state. In 1910, the Oregon
Short Line Railroad acquired both lines and continued to build upon them, extending into
Yellowstone Park and other neighboring states.
MILWAUKEE ROAD HISTORY
Today, much of Idaho’s rail transportation consists
mainly of transporting goods and materials. The
Union Pacific and Burlington Northern Santa Fe
Railroad are the two biggest Class 1 rail lines in the
state, meaning they transport bulk items for longer
distances. Short-line and regional line railroads act
as feeder lines into the bigger Class 1 rail lines.
Railroads in Idaho currently primarily transport
cargo, coal, lumber, and agricultural products. The
more rural parts of the state especially rely on
these rail lines to ship the goods that keep their
business and economy thriving. While passenger
travel in Idaho is not as prominent
as it used to be, rail lines continue
to be a vital asset to the state’s
economy and heritage.
Developed by Bryan Kilbourn, a prominent businessman in Milwaukee, the Milwaukee and
Waukesha Railroad began operating between
Milwaukee and Waukesha in 1850. By 1857 this
railroad reached as far as Prairie du Chien, Wisconsin. Changing its name to Chicago, Milwaukee
and St. Paul Railroad in 1874, the railroad began
to move further and further into the Midwest,
eventually expanding to reach Iowa, South Dakota,
Kansas and the Upper Peninsula of Michigan.
Continuing the push westward, the railroad built
from South Dakota
through Montana and
Idaho to Seattle/
Tacoma between
1906–1909. The
Northwestern
territories of the
United States, due to the ever expanding construction of railroads, would now be easily accessible to
even more people emigrating to the west.
In 1928, the Milwaukee Road reorganized due to
bankruptcy and became the Chicago, Milwaukee,
St. Paul & Pacific. Having over 656 miles of electrified track, the Milwaukee Road was ground-breaking in terms of long distance electrification. In
addition, this line supported both freight and
passenger trains, including high-speed intercity
trains, such as the steam powered Hiawatha.
Finally in 1977 after years of success, the railroad
reorganized again and discarded two-thirds of its
trackage. In 1980, over 1,000 miles were abandoned. Known as the Pacific Coast Extension, the
abandoned corridor stretched from Miles City,
Mont. to Maple Valley, Wash. In 1985 the line was
acquired by Soo Line Corporation and eventually
merged with the Soo Line in 1986.
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 5
PROCEEDINGS BEFORE THE INTERSTATE COMMERCE COMMISSION
From Miles City, Montana, west to Maple Valley, WA, the main line of the Chicago, Milwaukee, St.
Paul and Pacific Railroad (Milwaukee Road) system was authorized for abandonment by the ICC in a
single decision issued on January 30, 1980 (docket number AB-7 sub 86F). Known as the Pacific Coast
Extension, this included 2497.7 miles of railroad and trackage rights operations in Montana, Idaho,
Washington and Oregon.
Copyright by Rand McNalley & Company, Chicago.
PRIMARY ROUTE
The main line that was abandoned is listed in the
original abandonment filing as stretching over
1,034 miles from Miles City, Mont. to Maple Valley, Wash. To determine the segment of the route
that traversed Idaho we rely on the sources
bulleted below. They suggest that the segment
begins at the Taft tunnel just north of Roland. It
makes a switchback along Loop Creek before passing through the towns of Falcon, Pearson, and
Kyle along the North Fork of the St. Joe River. At
the town of Avery, the route heads west along the
St. Joe River passing the communities of Ethelton,
Hoyt, Mable Creek, Erlmo, Herrick, Calder, and St.
Joe, to St. Maries. From St. Maries, the route heads
northwest through Heyburn State Park, across the
southwest corner of Chatcolet/Benewah Lake,
along the southern edge of Chatcolet Lake, along
Plummer Creek, and past the towns of Plummer
Junction, and Plummer. From Plummer the route
travels west towards Mowry and eventually crosses
the Washington state line.
6 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
The segment of the route that traverses Idaho was
determined by reviewing the following information:
•
List of Counties and tariff stations: this was
included as Appendix A in the original abandonment application. In this document, it can
be found in Appendix A.
•
System Map: this was included as Appendix C
in the original abandonment application. In
this document a list of the locations included
on the map can be found in Appendix C.
•
General Land Use Patterns: descriptions of the
route included in the abandonment application which includes information such as
whether the route parallels a waterway, travels
through large cities, etc. can be found in Appendix B.
SPURS
There were three main spurs that were abandoned
in Idaho as part of the Pacific Coast extension (also
determined by reviewing the material listed
above). These were:
•
St. Maries, Idaho to Bovill, Idaho
•
Plummer, Idaho to Manito, Wash. (en route to
Spokane)
•
MILWAUKEE ROAD OWNED, TRACKAGE RIGHTS, AND JOINT TRACKAGE
Included in the Chicago, Milwaukee, St. Paul and Pacific Railroad (Milwaukee Road) Pacific Coast Extension
abandonment application, authorized by the ICC January 30, 1980. (Docket number AB-7 sub 86F).
Endpoint 1
Endpoint 2
Miles
Route Type
Other Owner
Milwaukee Owned
Miles City, Mont.
Maple Valley, Wash.
Plummer, Idaho
Manito, Wash.
1034.2
20
Spur
Primary Route
St. Maries, Idaho
Purdue, Idaho
49.7
Spur
0.8
Spur
BN
2.1
Spur
WI&M
13.6
Spur
MILW-BN
Spokane, Wash. to Coeur d’Alene, Idaho
Trackage Rights
The Chicago, Milwaukee, St. Paul and Pacific Railroad Company did not own the lines for all of
these spurs. Sometime they owned the lines,
sometimes they owned the trackage rights, and
sometimes they shared the trackage rights. The
breakdown of ownership is as follows:
•
St. Maries, Idaho to Bovill, Idaho (owned 49.7
miles from St. Maries, Idaho to Purdue, Idaho;
had 2.1 miles of trackage rights from Purdue,
Idaho to Bovill, Idaho on a WI&M owned line)
•
Plummer, Idaho to Manito, Wash. (owned 20
miles from Plummer, Idaho to Manito, Idaho)
•
Spokane, Wash. to Coeur d’Alene, Idaho
(shared 13.6 miles of trackage rights with BN
from Spokane Bridge, Wash. to Coeur d’Alene,
Idaho; had .8 miles of trackage rights in Coeur
d’Alene, Idaho on a BN owned line)
Coeur D’Alene
Purdue, Idaho
Bovill, Idaho
Joint Trackage
Spokane Bridge, Wash.
Coeur D’Alene
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 7
SEGMENT SUMMARY INFORMATION
From the ICC proceedings we are able to gather detailed information about portions of the corridor, including mile posts,
segment construction dates, ROW widths, estimated acreage, and land value as of 1979 which can be found in the table below.
SEGMENT SUMMARY
Endpoints
Construction
Route Type
Dates
ROW
Width
Estimated Land Value
Acreage (as of 1979)
Joint
Tackage
Endpoints
Mileposts
Mileage
Alberton, MT
St. Maries, ID
1672.5–1818.0
145.5
Primary
1908
100'
1,763
St. Maries, ID
Purdue, ID
0.0–49.7
49.7
Spur
1910
100’
0.02
St. Maries, ID
Othello, WA
1818.0–1987.3
169.3
Primary
1908
100’
2,052
Plummer, ID
Manito, WA
1836.0–1856.0
20
Spur
1912
100’
242
St. Maries, ID
Bovill, ID
Spur
$246,286
Spokane, WA
Spur
$3,716,211
Coeur d’Alene, ID
Spur
$2,389,004
Bovill, ID
Spur
Plummer
Junction, ID
East Spokane,
(Dishman) WA
Purdue, ID
Trackage
Shared (mi.)
$1,451,099
$1,660,690
Trackage Rights over WI&M 2.1
Spokane Bridge, WA Coeur d’Alene, ID
Spur
Burlington Northern
13.6
Couer d’Alene
Spur
Trackage Rights over BN
0.6
Pacific Coast Extension Abandonment
8 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
HISTORIC PLACES SUMMARY
Appendix E of the abandonment application provided a list of historic places in the vicinity of the rail
lines which is included below.
HISTORIC SITES
Source: Federal Register, Vol. 44, No. 26, February 6, 1979 (as cited in Appendix C of the Miles City West abandonment application
before the ICC, August 8, 1979).
County
Property
Location
Benewah
Mullan Road (aka Military Road)
Heyburn State Park, St. Maries
Shoshone
Avery Ranger Station
Near St. Joseph National Forest, Avery
Kootenai
Clark House
On Hayden Lake, Clarksville
Kootenai
Coeur d’Alene Federal Building
4th and Lakeside, Coeur d’Alene
Kootenai
Coeur d’Alene Masonic Temple
525 Sherman Avenue, Coeur d’Alene
Kootenai
Inland Empire Electric Railway Substation
Mollan Road and Northwest Boulevard, Coeur d’Alene
Kootenai
Kootenai County Courthouse
501 Government Way, Coeur d’Alene
Kootenai
Roosevelt School
1st and Wallace Street, Coeur d’Alene
Kootenai
St. Thomas Catholic Church
919 Indiana Avenue, Coeur d’Alene
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 9
IDAHO TUNNELS
Source: Chicago, Milwaukee, St. Paul and Pacific Railroad Company Engineering Records (as cited in Table # of the Miles
City West abandonment application before the ICC, August 8, 1979).
HISTORIC TUNNELS
Table 3 of the abandonment application also included a List of Tunnels which are included below.
Type of
Name
Milepost
Location
Height
Width
Length
Construction
Dry Creek
1752.5
1.5 mi. west of Roland, ID
18’-11”
14’-7”
790
Part. Conc.
Moss Creek
1753.4
2.3 mi. west of Roland, ID
18’-9”
15’-2”
1516
Concrete
Small Creek
1754.2
3.2 mi. west of Roland, ID
19’-10”
16’-5”
279
Concrete
Small Creek
1754.4
3.4 mi. west of Roland, ID
19’-2”
15’-9”
377
Part. Conc.
Loop
1756.2
0.3 mi. west of Adair, ID
19’-5”
17’-2”
966
Part. Conc.
Loop
1756.4
0.5 mi. west of Adair, ID
18’-9”
15’-9”
683
Part. Conc.
Clear Creek
1759.0
1.4 mi. east of Falcon, ID
19’-2”
17’-5”
470
Part. Conc.
Clear Creek
1759.2
1.2 mi. east of Falcon, ID
19’-1”
18’-0”
178
Concrete
Deer Creek
1763.2
2.6 mi. east of Kyle, ID
18’-9”
17’-3”
217
Part. Conc.
Deer Creek
1764.1
1.7 mi. east of Kyle, ID
19’-0”
17’-2”
221
Concrete
Glade
1764.6
1.2 mi. east of Kyle, ID
18’-10”
15’-7”
332
Concrete
Glade
1765.2
0.6 mi. east of Kyle, ID
18’-9”
15’-3”
638
Concrete
Kyle
1766.2
0.6 mi. west of Kyle, ID
18’-10”
14’-7”
462
Part. Conc.
Stetson
1768.4
4.5 mi. east of Avery, ID
19’-5”
17’-0”
462
Concrete
Stetson
1770.0
3.0 mi. east of Avery, ID
19’-0”
17’-8”
416
Part. Conc.
Stetson
1770.4
2.6 mi. east of Avery, ID
19’-0”
16’-5”
552
Part. Conc.
Herrick
1790.0
2.0 mi. west of Pocono, ID
20’-9”
16’-4”
515
Concrete
Benewah
1824.3
0.9 mi. west of Ramsdell, ID
21’-2”
16’-6”
363
Concrete
Watte
1840.5
1.0 mi. east of Sorrento, ID
20’-6”
15’-4”
2559
Concrete
Rover
12.6
0.5 mi. east of Rover, ID
20’-7”
18’-0”
507
Timber
1 0 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
FEDERALLY GRANTED RIGHT-OF-WAY (ROW) INFORMATION
In many states, especially in the Midwest, the federal government granted
rights-of-way for the establishment of railroad corridors. (For legal issues
concerning federally grants rights-of-way, see “Nature of Interest Conveyed
by Federal Land Grants” in the legal section of this document).
Some of the land upon which the Milwaukee Road was built in Idaho was
granted by the federal government to the Milwaukee Road railroad. According to the Intestate Commerce Commission Bureau of Valuation Pacific District
Map Showing the Chicago, Milwaukee and St. Paul Railway, Valuation Section
1 (VS#1) is the portion from the Montana state line west of Portal, MT to
the Idaho state line west of Mowry, Idaho (see map below). The section
(VS#1) is listed in written records as including 464.9 acres of federally
granted ROW. As this segment is approximately 90 miles long with a 100
ROW, it consists of approximately 1, 000 acres. Since the federally granted
ROW consists of only 464.9 acres, we know only about half of this route was
federally granted. Further research would enlighten one on the exact locations of the federally granted parcels. The land was granted on March 3,
1875 and acquired in 1908.
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 1 1
CORRIDOR ASSESSMENT
The following is a photographic journey along
the Milwaukee Road corridor in Idaho from
information gathered during our trail assessment. The photos and descriptions correspond
to the map below. Additional photos and descriptions are presented for the towns of Calder
and Avery.
0
1
2
3
Plummer to St. Maries
Town of St. Maries
From the town of Plummer to St. Maries, the Milwaukee
Road is an active rail line, run by the St. Maries Railroad
Corporation. The railroad corridor, for the most part,
parallels Route 5, touching the shores of Lake Coeur
d’Alene.
Situated in a beautiful timbered valley among a multitude of lakes and two major rivers, the community of St.
Maries (pop. 2,500) is a perfect stop for tourists. It
provides a wide variety of accommodations including
historic and modern bed and breakfasts, motels, an RV
park, and the Benewah Resort located on Benewah Lake.
4
Miles
Trail of the Coeur d-Alene: At Plummer the
Milwaukee Road corridor connects with the
Trail of the Coeur d-Alene, a 95-mile paved
trail that passes over Chatcolet Lake nearly
connecting with the Milwaukee Road
corridor at the Montana/Idaho border.
1 2 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
St. Maries to Calder
From the town of St. Maries eastward for the first
20 miles, the Milwaukee Road lies to the south of
the St. Jose River and Route 50 lies to the north.
This packed earth road is about 22 feet wide and
used by RV’s who park at designated scenic areas
along the river. Approximately 18 miles east of St.
Maries, the dirt road passes over the river via an
historic (1908) trestle bridge.
0
1
2
3
For the next ten miles, the Milwaukee Road continues on the
northern side of the St. Joe River
on an unpaved, un-maintained
road. Recreational vehicles are
parked in clusters along the bank.
Near the town of Calder, the Milwaukee Road traverses
a small bridge over a creek. Part of the bridge has been
burned, but it is still very stable. (The bridge would need
to have its surface completed.)
4
Miles
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT •13
TOWN OF CALDER
Another building is adorned with a “Calder Depot” sign.
Calder is a very small town along the Milwaukee Road
and to the north of the St. Joe River.
Although not many tourist amenities, the town does
have a few relics from the Milwaukee Road. One building appears to be the original depot.
The town of Calder and the Milwaukee Road is connected to Route 50 by way of a bridge over the St. Joe
River.
From Calder, the Milwaukee Road continues east along
the north side of the St. Joe River.
1 4 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
Calder to Avery
Connection to Route 50.
The first ten miles continues as a
packed dirt road about 22 feet wide between the
St. Joe River to the south and the forest covered
hills to the north. Although the route is open to
vehicles, very few vehicles use the dirt road.
Route 50 lies to the south and periodically connects via a bridge. This portion of the trail passes
through one tunnel.
0
1
2
3
Along the bank of the river lay
small communities of homes,
horses in pasture, RV and camping
sites. To the south of the river is a
narrow unpaved trail.
For the next seven miles to the town of Avery, a paved,
two-lane road (Route 50) lies on the former Milwaukee
Road. There is little to no shoulder and, with some
frequency, fast-moving cars. The road is tucked up
against steep hills to the north. To the south is the St.
Joe River. There is often a few hundred yards of open
field between the road and the river. In this space,
homes or RV parks can often be found.
4
Miles
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT •15
TOWN OF AVERY
Avery is a small town nestled on either side of the St. Joe
River. The town boasts a number of amenities for tourists including: …an historic Milwaukee Road Railroad
Depot…
…a railroad car…
Avery also has a hotel, RV hookups, and a Milwaukee
Road gift shop.
…a historic jail…
1 6 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
From Avery, the corridor heads
north steadily rising above the
North Fork of the St. Joe’s River.
The corridor is a maintained
packed-gravel Forest Service road
about 22 feet wide and could be
easily ridden with a mountain or
hybrid bike.
One mile into this segment, the
trail crosses over a trestle bridge
and lies to the east of the North
Fork of the St. Joe River. A narrower trail lies to the west of the
river about ten feet from its bank
and about eight feet wide.
➚
This segment of the trail passes
through numerous tunnels which
are well maintained. The tunnels
often have cut-outs near them
which could be used for parking.
At this point the Milwaukee Road corridor has
been converted into a trail. The trail is called the
Trail of the Hiawatha. It is 15 miles in length
(reaching the Montana boarder), travels over
seven high trestles and through nine tunnels,
including the 1.8 mile Taft Tunnel.
0
1
2
3
4
Miles
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT •17
IDAHO LEGAL REVIEW
BACKGROUND FRAMEWORK FOR EVALUATING RAILROAD OWNERSHIP ISSUES
Where a railroad corridor cannot be railbanked under federal law (16 U.S.C. § 1247(d)), the ability to
convert a railroad corridor into a trail depends on the interpretation of the applicable deeds under state
law, and the public policy (either statutory or common law) of the state concerning preservation of rail
corridors. In general, in determining whether a rail corridor can be converted to trail use under state law,
there are three basic questions that must be addressed: First, a determination must be made about the
nature of the railroad’s ownership interest (fee versus easement). If easement, the next question is
whether the easement has been abandoned, and third, whether the terms of the easement are sufficiently broad to encompass trail use.
If the railroad acquired title in fee simple, then the railroad has the right to transfer the corridor for any
purpose, including trail use. Trail interests are also protected if the corridor was acquired by the railroad
through federal land grants. The railroad’s fee interest may also be construed as a defeasible fee interest
(i.e., a fee estate subject to a retained future interest by the grantor), that provides for a right of reentry
or reverter if the corridor ceases to be used for railroad purposes. In the case of a defeasible fee, the
question is whether such a right of re-entry has been extinguished by a marketable title law, designed to
permit defeasible fees to ripen into full fee simple title upon the passage of time and/or the failure of the
holder of the reversionary interest to record that interest.
If the railroad acquired only an easement interest, the ability to convert the easement to a trail depends
on whether the railroad has abandoned the easement, and whether the language of the easement, interpreted in light of the applicable public policy of state, is broad enough to encompass trail use, or
whether the state has adopted a “shifting public use” policy that would permit railroad easements to be
used for trail purposes. If the federal government originally granted the right of way, then federal law
will cover the disposition of the interest acquired. See 43 U.S.C. §§ 912-13; see also 16 U.S.C. § 1248(c).
1 8 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
IDAHO STATE LAW AFFECTING OWNERSHIP OF RAIL CORRIDORS
NATURE OF INTEREST ACQUIRED BY RAILROAD
General Principles of Deed Construction
Under Idaho Code § 55-604, “a fee simple title is presumed to be intended to pass by a grant of real
property unless it appears from the grant that a lesser estate was intended.” Where a corridor is acquired
through the exercise of eminent domain or condemnation, this authority may be exercised to acquire a
fee estate or a lesser estate or interest, including an easement. Idaho Code, §§ 7-711 and 7-711A. A
railroad is authorized to hold property for non-operating purposes.. Idaho Code § 63-402; Union Pac.
R.R. Co. v. Ethington Family Trust, 137 Idaho 435, 436, 50 P.3d 450, 451 (2002).
Relying on the statutory presumption of fee ownership, the Idaho Supreme Court has therefore refused
to apply the “strip and gore doctrine,” which presumes that a strip of land is an easement and not a fee,
to railroad deeds. See C& G, Inc. v. Union Pacific Railroad Co. 25 P.3d 76, 81-2 (Idaho S. Ct. 2001).
Instead, the Court held that the fee simple presumption statute applies even where the railroad had
already entered and possessed the right-of-way corridor prior to executing the deeds. Hash v. United
States 403 F.3d 1308, 1323 (Fed. Cir. 2005).
In interpreting a deed of conveyance, the primary goal is to seek and give effect to the intent of the
parties. C& G, Inc. v. Union Pacific Railroad Co. 25 P.3d at 79. The court’s interpretation of a railroad
deed depends on whether the deed is ambiguous. Id. at 78. If a deed is ambiguous, it must be construed against the drafter. Id. at 79. However, if the deed is unambiguous, the intent of the grantor must
be garnered solely from the language of the deed, without resort to extrinsic evidence. Id. at 79-80.
Construction of Deed As Fee versus Easement.
Use of the term “forever” in the granting clause is indicative of a fee simple conveyance where the language of the deed does not limit the use of the land to railroad purposes. Union Pac. R.R. Co. v.
Ethington Family Trust, 137 Idaho 435, 437, 50 P.3d 450, 453 (2002).
Because the term “right of way” can have a dual significance as either qualifying a limit in the property
interest granted by a deed, or as merely descriptive of the use of property, the mere mention of the term
‘right-of-way’ on the cover pages of a deed does not necessarily constitute the conveyance of an easement limited to railroad purposes. C& G, Inc. v. Union Pacific Railroad Co. 25 P.3d at 80 Rather, the term
‘right-of-way’ may be used to describe a right belonging to a party or it may be used to describe the
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 1 9
strip of land that railroad companies acquire to construct their railroads.” Id. at 18 ; Coulsen v. Aberdeen-Springfield Canal Co. 277 P 542, 544 (Idaho 1929) (“right of way may mean merely the right to
pass over a tract of land or it may refer to the specific tract itself.”).
In C & G, Inc. v. Rule, the Court held that deeds that do not limit the use of parcels for “railroad purposes,” do not mention “right of way” in the body of the deed, or contain language indicating that the
grantors intended any type of reversionary interest were unambiguous grants of a fee interest. C & G,
Inc. v. Rule, 25 P.3d at 81. However, the Court also noted that the presence of the term “right of way” in
a railroad deed usually indicates that the grantor intended to convey an easement.” Id. See Neider v.
Shaw, 138 Idaho 503, 65 P.3d 525 (2003) (holding that railroad deed granted “for right of way, station,
sidetrack and warehouse purposes,” subject to a reverter if the railroad fails to “establish and maintain
station and sidetrack” unambiguously conveyed an easement due to the use of the term “right of way”
within the body of the deed.)
In Hash v. United States, a federal district interpreted a number of railroad deeds applying Idaho law for
purposes of determining whether the United States was required to pay compensation in a “takings”
claim arising from the rails-to-trails conversion of a railroad corridor in Idaho. Hash v. United States U.S.
Dist. LEXIS 24898 (D. Idaho 2001), rev’d in part, 403 F.3d 1308 (Fed. Cir. 2005). In the case of a deed
granting a “strip of land” restricted to railroad use, and containing a reverter clause to the landowners
should the railroad discontinue operation, the district court held that this deed conveyed a fee simple
determinable, even though the habendum clause described the limitation as being “so long as they . . .
shall use said property for right of way purposes.” Id, *12-16. This ruling was not disturbed on appeal.
However, the Federal Circuit also held that deeds described as conveying a “right of way” and that did
not contain a right of reverter, conveyed a easement, holding that “the Idaho court in Neider placed
controlling weight on the usage of ‘right-of-way’ in the grant clause.” Hash v. U.S.A., 403 F.3d at 1320.
It should be noted that the Idaho courts are not bound by the holding of the U.S. Court of Appeals Federal Circuit in this case.
Nature of Interest Acquired by Adverse Possession.
Under Idaho Code § 5-210, land acquired through adverse possession must be held for a prior of five
years, and be either “protected by a substantial enclosure” or “Usually cultivated or improved,” and that
the party claiming adverse possession must have “paid all taxes, territory, county, or municipal, which
have been levied and assessed upon such land according to law.”
Idaho courts have held that railroads may acquire title to land through adverse possession. If a railroad
2 0 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
company occupies land for the purpose of constructing and maintaining a railroad, that constitutes the
required “improvement” of property for purposes of adverse possession. See Oregon Short Line R.R. Co.
v. Caldwell, 39 Idaho 71, 76-77 (1924). See O’Brien v. Best, 194 P.2d 608, 614 (Idaho 1948) (quieting
title to land in railroad company where the company had adversely possessed the land for the required
statutory period following the realignment of its tracks, and had paid taxes to the state).
The Federal Circuit in Hash found that, while there was no Idaho precedent characterizing the nature of
the property interest acquired by adverse possession, “the great weight of cases in other jurisdictions is
to the effect that adverse occupancy of a right-of-way does not confer on the railway any greater interest
in the land than that of a right-of-way easement.” Hash v. U.S.A., 403 F.3d at 1322. The federal court
relied on “’the long established rule’ in Idaho ‘that any right grained by prescription is confined to the
right as exercised during the prescriptive period.’” Id. (citing Idaho Forest Indus., Inc. v. Hayden Lake
Watershed Improvement Dist., 112 Idaho 512, 733 P.2d 733, 736 (1987))
Nature of Interest Conveyed by Federal Land Grants.
If the railroad was granted land by the US Congress, the nature of the railroad’s interest may depend on
when the authority under which the federal grant was made. While the weight of authority is that federal government retains an interest in federal land grants, the Federal Circuit has held that, in the case of
grants made pursuant to the General Railroad Right-of-way Act of 1875 (“1875 Act”), the federal
government’s retained interest was conveyed to the adjoining lands as part of patents to homesteaders.
In State of Idaho v. Oregon Short Line R.R., 617 F. Supp. 207 (D. Idaho 1985), the District Court held
that the United States retained a reversionary interest in land granted to railroads under the General
Railroad Right-of-Way Act of 1875. The court reasoned that “[e]ven if the 1875 Act granted only an
easement, as opposed to a higher right-of-way interest, Congress had authority, by virtue of its broad
power over interstate commerce, to grant such easements subject to its own terms and conditions —
which were to preserve a corridor of public transportation, particularly the railroad transportation, in
order to facilitate the development of the “Western vastness.” Congress could pre-empt or override
common-law rules regarding easements, reversions, or other traditional real property interests.” Id. at
212. See also Crandall v. Goss 30 Idaho 661, 663 (1917) (the United States retained a possibility of reverter if the railroad was not used for the purpose of which it was granted)
In Hash v. United States, the Federal Circuit held that the 1875 Act conveyed only an easement interest
to railroads, and that the federal government retained no interest in the grants once the adjacent lands
were patented to homesteaders. 403 F.3d at 1307-08. The court refused to apply 43 U.S.C. §§ 912 or
913 to re-invest the federal government with a retained interest. Id. at 1308. Nonetheless, this decision
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 2 1
does not address the scope of the federal easement, or void these federal statutes, which govern the
disposition of federally granted railroad corridor upon abandonment, nor does this decision address the
question of whether trail use is within the scope of the federally-granted easement.
LIMITATIONS ON FUTURE INTERESTS
Idaho does not have a marketable title act limiting future interests. Moreover, restrictive covenants in
which one party limits another party’s use of the land are valid. Sun Valley Ctr. For Arts and Humanities v.
Sun Valley Co. 107 Idaho 411, 412 (S. Ct. of Idaho, 1984).
ABANDONMENT
As noted by the Idaho Supreme Court, ”abandonment of any right is dependent upon an intention to
abandon and must be evidenced by a clear, unequivocal, and decisive act of the party.” O’Brien v. Best,
68 Idaho 348, 357 194 P.2d 608, 613 (1948); State of Idaho v. Oregon Short Line R.R., 617 F. Supp.
213, 217 (D. Idaho 1985). The fact that the Interstate Commerce Commission (“ICC”) has issued a certificate of abandonment is not necessarily evidence of the requisite intent to abandon the corridor. Id. at
217-18.
Non-use of a railroad right of way, alone, does not demonstrate abandonment. O’Brien v. Best,68 Idaho
348, 194 P.2d 608 (1948) (non-use by railroad for 20 years did not result in abandonment). Likewise,
the removal of track or fact that railroad issued various leases and grants of the land for purposes unconnected with the business of the railroad were not sufficient evidence of intention to abandon the line.
Payment of taxes, by contrast, is evidence that the railroad did not abandon a line. O’Brien v. Best, 68
Idaho at 358, 357 194 P.2d at 614.
TRANSFERABILITY OF RAILROAD EASEMENTS FOR TRAIL USE.
Neither the Supreme Court of Idaho nor any Appellate Courts in Idaho have specifically addressed the
question as to whether trail use of a former railway corridor is within the scope of an easement originally
acquired by a railroad company.
2 2 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
LIABILITY OF TRAIL MANAGERS UNDER IDAHO LAW
Under the common law of most states, the liability of owners and occupiers of land is defined by the
extent to which one person owes a “duty of care” to the person who sustained an injury. Trail managers,
as a particular class of landowners, receive special protection from liability by state-enacted Recreational
Use Statutes (RUS). Recreational Use Statutes, which are in effect in some form in all 50 states, alter common law tort principles regarding landowner liability of invitees, licensees, and trespassers by narrowing
or obviating the owner’s duty of care toward recreational users. Instead, RUS’ limit the liability of certain
landowners who allow the public free use of their land for recreational purposes.
Under Idaho’s recreational use statute, landowners who make their land available to the public without
charge for recreational purposes are not liable for any injury to persons or property damage of members
of the public who use their land for recreational purposes. Idaho Code § 36-1604 (d) (3) (2004). This
provision does not apply to landowners who charge a fee for the use of their land. Id. § 36-1604 (g) (3).
This provision applies to both the public and private owners. Id. § 36-1604 (a) (2).
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 2 3
FUNDING SOURCES IN IDAHO
FEDERAL FUNDING SOURCES
TRANSPORTATION ENHANCEMENTS
Transportation Enhancements (TE) awards are funds provided by the federal
government through the federal surface transportation legislation, currently
SAFETEA-LU. These awards are intended to fund community-based projects
that expand travel choices and enhance the transportation experience by
improving the cultural, historic, aesthetic and environmental aspects of our
transportation infrastructure. They include improvement of non-motorized
transport, trails and greenways.
While TE funds are provided by federal legislation, the Idaho Transportation
Department makes funding decisions for Idaho-based projects. Since the
beginning of the TE program in 1992, $34 million federal TE dollars were
awarded for bicycle-pedestrian facilities and rail-trails in Idaho, amounting
to over 65% of Idaho’s TE funds.
In order to be eligible to apply for a TE award in any state, two basic requirements must be met. The first is that the activity or project must relate
to surface transportation. Second, it must fit into one of the 12 categories
specified under the surface transportation law. These are:
•
Building facilities for pedestrians and bicycles
•
Providing safety and educational activities for pedestrians and bicyclists.
•
Converting abandoned railroad corridors into bicycle and pedestrian
paths
•
Preserving historic sites
•
Acquiring scenic or historic sites
•
Sponsoring scenic or historic highway programs
2 4 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
•
Landscaping and scenic beautification
•
Rehabilitating historic buildings or facilities to serve a transportation
need
•
Performing archaeological research such as excavations
•
Removing outdoor advertising signs
•
Mitigating water pollution caused by road runoff, and providing for
wildlife connectivity
•
Establishing transportation museums
For more information about Transportation Enhancements in general, see
the National Transportation Enhancements Clearinghouse (NTEC). The
NTEC Web site provides basic information about eligibility, funding and
applying, along with State Profiles that document each state’s particular TE
application schedule and process, relevant contacts, and other pertinent
information needed to apply for a TE award. NTEC additionally offers
searchable databases of all TE activities programmed in every state with
financial and geographical information on each project. The recently established online Project Library details successful examples of TE activities
across the country. See www.enhancements.org for more information on
these and other useful resources.
In Idaho, applications are accepted on a yearly basis, and are currently available on the Idaho Transportation Department’s Web site. Permitted applicants include public agencies, private organizations and special interest
groups. A public agency must serve as the project sponsor. Sponsors must
provide a match anywhere between two and ten percent of the TE award
(2% per $100,000 up to 10% on $400,000–500,000). A cash match is
preferred, but in-kind donations are permitted. The Idaho Transportation
Board has established the following targets for awards based on available
funds: bicycle/pedestrian, 40%-70%; historic enhancements,
15%–30%; scenic/environmental, 15%–30%.
Idaho’s Trail of the Coeur d’Alenes, a magnificent 72-mile trail,
provides an inspiring example of TE dollars helping to create a
rail-trail. The trail is the longest continuously paved rail-trail in
the country, following the Union Pacific Railroad’s right-of-way
from Mullan, a mountain mining town near the Montana
border, through the Silver Valley, into the chain lakes region,
over a 3,100-foot bridge to Heyburn State Park and then on to
the Coeur d’Alene Indian Reservation, ending in Plummer near
the Washington border. Interpretive signs along the way tell
the story of the region’s rich history. Numerous trailheads,
restroom facilities, picnic tables and benches dot the length of
the trail. This enormous effort, costing nearly $50 million, was
initiated as a cleanup of historic mining waste and wildlife
mitigation. Many cooperators were involved because of its
nature and extent. Key partners were the Coeur d’Alene Tribe,
Union Pacific Railroad, Idaho Parks and Recreation, Idaho Department of Environmental Quality, and the U.S. Environmental Protection Agency. One million dollars in TE funds were
used for paving the eastern portion of the trail.
DISTRIBUTION OF FEDERAL FUNDS IN IDAHO BY TE ACTIVITY
FY 1992 TO FY 2004
Scenic/Hist. Hwy Programs
$5,743,300 (8.8%)
Landscaping and Scenic Beautification
$7,064,700 (15.6%)
Historic Preservation
$529,900 (1.3%)
Rehab. Hist. Transp. Facilities
$3,699,600 (6.3%)
Acquistion of Scenic/Hist.
Easements $629,000 (2.5%)
Bike/Ped. Safety/Educ.
$0 (0%)
Rail Trails $4,958,000 (5.6%)
Billboard Removal $0 (0%)
Bike/Ped. Facilities
$29,044,300 (55.8%)
Archaeological Planning/Research
$96,000 (0.6%)
Env. Mitigation $68,500 (1.3%)
Transportation Museums
$248,000 (0.6%)
Total Programmed Funds: $52,081,300 for 160 projects through 2004
CONTACT:
Pat Raino
TE Program Coordinator
Transportation Department
PO Box 7129
3311 West State Street
Boise, ID 83707-1129
Phone: 208-334-8209 Fax: 208-334-3858
E-mail: [email protected]
Idaho’s Transportation Enhancements Web site: www.itd.idaho.gov/
planning/reports/enhancement/EnhancementProgram.html
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 2 5
FEDERAL FUNDING SOURCES
NATIONAL RECREATIONAL TRAILS FUNDING PROGRAM
SCENIC BYWAYS PROGRAM
The Recreational Trails Program provides funds for both motorized and nonmotorized trail development. Through this program, federal gasoline taxes
paid on non-highway, recreation fuel for off-road and camping vehicles is
transferred from the highway trust fund. States can grant these funds to
private individuals, organizations, city and county governments and other
government entities. Grant recipients are generally required to provide 20
percent of the total project cost. Permissible uses of Recreational Trails Program funds include:
The Idaho Scenic Byways Program serves two functions: one, to promote
the scenic, historic, and backcountry byways of Idaho; and, two, to provide
funding for tourist amenities, kiosks, and signs that will assist the traveler on
the byways. The statewide brochure, “Taking the Scenic Route: A guide to
Idaho’s Scenic Byways,” as well as individual byway brochures, audio tapes,
web-pages, and other informational documents serves the former function.
Project requests from local byway groups are submitted annually to serve
the latter. Needs are determined by corridor management plans (CMP)
developed for the byways, or community interest groups’ goals in lieu of a
corridor management plan. Development of a corridor management plan is
encouraged before any other project is initiated on a scenic, historic, or
backcountry byway. To be eligible, the project must be on a highway or
local road designated as a scenic, historic, or backcountry byway. Eligible
projects include: developing and implementing a corridor management
plan; safety improvements required as a result of scenic byway designation;
pedestrian/bicyclist facilities, rest areas, turnouts, highway shoulder improvements, overlooks, and interpretive facilities; enhancing access to an
area for recreation purposes; protecting scenic, historic, recreation, cultural,
natural, and archaeological resources; developing and providing tourist
information; including interpretive exhibits/kiosks, brochures, audio/video
tapes; and developing and implementing a scenic byway marketing program.
•
State administrative costs
•
Environmental and safety education programs
•
Development of urban trail linkages
•
Maintenance of existing trails
•
Restoration of areas damaged by trail use
•
Development of trail facilities
•
Provision of access for people with disabilities
•
Acquisitions of easements
•
Fee simple title for property and construction of new trails
CONTACT:
Brian Miller, State and Federal Aid Program Manager
Idaho Department of Parks and Recreation
P.O. Box 83720
Boise, ID 83720-0065
Phone: 208-334-4180 ext 233 • Fax 208-334-3741
E-mail: [email protected]
www.idahoparks.org/about/grants_trails.html
2 6 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
CONTACTS:
Gary Young, Scenic Byways Coordinator
Idaho Transportation Department
P.O. Box 7129
Boise, ID 83707-1129
Phone: 208-334-8214
E-mail: [email protected]
Web: http://itd.idaho.gov/byways/index.htm
National Scenic Byways Program
U.S. Department of Transportation
Federal Highway Administration
HEPN-50, Room 3232
400 Seventh Street, SW
Washington, DC 20590
1-800-4BYWAYS (1-800-429-9297), option 3
202-366-1929
www.byways.org
Scenic America
1634 I Street NW Suite 510
Washington, DC 20006
Phone: 202-638-0550 • Fax: (202) 638-3171
E-mail: [email protected]
www.scenic.org
LAND AND WATER CONSERVATION FUND (LWCF)
The Land and Water Conservation Fund is a National Park Service program
that is administered in the state of Idaho by the Idaho Department of Parks
and Recreation. Since 1965, LWCF has been responsible for the acquisition,
development, and improvement of over $60 million in outdoor recreation
sites and facilities in Idaho, which includes 475 recreational projects. Most
of that money has been spent to develop city and county park facilities. The
annual appropriation for Idaho ranged from $0 to $1.5 million. The majority
of the money came from fees paid by oil companies for off-shore leasing.
The program provided 50 percent matching grant monies to sponsors of
approved projects. Money collected for the LWCF stateside program has not
been appropriated in recent years.
CONTACT:
Brian Miller, State and Federal Aid Program Manager
Idaho Department of Parks and Recreation
P.O. Box 83720
Boise, ID 83720-0065
Phone: 208-334-4180 ext 233 • Fax 208-334-3741
E-mail: [email protected]
www.idahoparks.org/about/grants_landwater.html
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 2 7
FEDERAL FUNDING SOURCES
URBAN AND COMMUNITY FORESTRY PROGRAM
NON-POINT SOURCE POLLUTION CONTROL GRANTS
About 66 percent of Idaho’s population lives within the state’s 201 incorporated communities and cities. Idaho’s Community Forestry Program provides technical and financial assistance to increase public awareness and
understanding of the value of sound community forestry management. This
program assists Idaho communities in establishing and enhancing sustainable community forests on public and private lands. The USDA Forest Service, State and Private Forestry provide funds to support Idaho’s Urban and
Community Forestry Program.
In 1987, Congress established the Nonpoint Source Management Program
under section 319 of the Clean Water Act (CWA). The purpose of the program was to help states address nonpoint source pollution by identifying
waters affected by such pollution and adopting and implementing management programs to control it. These programs recommend where and how
to use best management practices (BMPs) to prevent runoff from becoming
polluted, and, when runoff is polluted, to reduce the amount of pollution
that reaches surface waters. The Idaho Department of Environmental Quality developed Idaho’s initial nonpoint source program in 1989 through the
coordinated efforts of representatives of numerous organizations having an
interest in the management of nonpoint source water pollution. Idaho has
ambitiously pursued implementation of its program, dedicating personnel
and monetary resources to the advancement of nonpoint source water
pollution control activities.
CONTACTS:
Winston Wiggins, State Forester
Idaho Department of Lands
954 W. Jefferson Street
Boise, ID 83720-0050
Phone: 208-334-0200
Web: www.fs.fed.us/r1-r4/spf/idaho/factsheet/urbancomm02.htm
CONTACT:
William W. Boettcher, Director
State and Private Forestry, Northern Region
Federal Building, 200 East Broadway
Missoula, MT 59807
Phone: (406) 329-3280
2 8 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
Todd Maguire
Idaho Department of Environmental Quality
1410 N. Hilton
Boise, ID 83706
Phone: 208-373-0115
E-mail: [email protected]
www.deq.state.id.us/water/prog_issues/surface_water/nonpoint.cfm
STATE WETLANDS PROTECTION DEVELOPMENT GRANT PROGRAM
CONSERVATION RESERVE PROGRAM (CRP)
The Wetland Program Development Grants (WPDGs), initiated in 1990,
provide eligible applicants an opportunity to conduct projects that promote
the coordination and acceleration of research, investigations, experiments,
training, demonstrations, surveys, and studies relating to the causes, effects,
extent, prevention, reduction, and elimination of water pollution. While
WPDGs can continue to be used by recipients to build and refine any element of a comprehensive wetland program, priority will be given to funding projects that address the three priority areas identified by U.S. Environmental Protection Agency: Developing a comprehensive monitoring and
assessment program; improving the effectiveness of compensatory mitigation; and refining the protection of vulnerable wetlands and aquatic resources. States, Tribes, local governments, interstate associations, intertribal
consortia, and national non-profit, non-governmental organizations are
eligible to apply.
The Conservation Reserve Program reduces soil erosion, protects the
nation’s ability to produce food and fiber, reduces sedimentation in streams
and lakes, improves water quality, establishes wildlife habitat, and enhances
forest and wetland resources. It encourages farmers to convert highly erodible cropland or other cropland or other environmentally sensitive acreage
to vegetative cover, such as tame or native grasses, wildlife plantings, trees,
filterstrips, or riparian buffers. Farmers receive an annual rental payment for
the term of the multi-year contract. Cost sharing is provided to establish the
vegetative cover practices.
CONTACT:
David Kulman
U.S. EPA Region 10,
1200 Sixth Avenue
Seattle, WA 98101
Phone: 206-553-6219
E-mail: [email protected]
www.epa.gov/owow/wetlands/grantguidelines
CONTACT:
Jean Greear, Program Specialist
Idaho Farm Service Agency
3220 Elder St.
Boise, ID 83705
Phone : 208-378-5662 • Fax : (208) 378-5678
E-mail : [email protected]
www.nrcs.usda.gov/programs/crp
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 2 9
FEDERAL FUNDING SOURCES
WETLANDS RESERVE PROGRAM (WRP)
The Wetlands Reserve Program is a voluntary program offering landowners
the opportunity to protect, restore, and enhance wetlands on their property.
The USDA Natural Resources Conservation Service (NRCS) provides technical and financial support to help landowners with their wetland restoration
efforts. The NRCS goal is to achieve the greatest wetland functions and
values, along with optimum wildlife habitat, on every acre enrolled in the
program. This program offers landowners an opportunity to establish longterm conservation and wildlife practices and protection.
CONTACT:
Jean Greear, Program Specialist
Idaho Farm Service Agency
3220 Elder St.
Boise, ID 83705
Phone : 208-378-5662 • Fax : (208) 378-5678
E-mail : [email protected]
www.nrcs.usda.gov/programs/wrp
3 0 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
WATERSHED PROTECTION AND FLOOD PREVENTION (SMALL WATERSHED PROTECTION GRANTS)
The Small Watershed Program works through local government sponsors
and helps participants solve natural resource and related economic problems on a water shed basis. Projects include watershed protection, flood
prevention, erosion and sediment control, water supply, water quality, fish
and wildlife habitat enhancement, wetlands creation and restoration, and
public recreation in water sheds of 250,000 or fewer acres.
CONTACT:
Jean Greear, Program Specialist
Idaho Farm Service Agency
3220 Elder St.
Boise, ID 83705
Phone : (208) 378-5662
Fax : 208-378-5678
E-mail : [email protected]
www.nrcs.usda.gov/programs/watershed
SMALL BUSINESS LIABILITY RELIEF AND BROWNFIELDS REVITALIZATION ACT
On January 11, 2002, President Bush signed the Small Business Liability
Relief and Brownfields Revitalization Act into law. This sweeping legislation
provides the potential for immunity from Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA) for prospective purchasers of contaminated property, property owners whose land is contaminated from hazardous substances migrating from a contiguous property and
for landowners who remediate property under a qualifying state cleanup
program. It also creates a statutory brownfield grant program that may be
used by local governments and non-profits organizations to develop
brownfield sites. The law also provides financial assistance to states for establishing and administering brownfield or voluntary cleanup programs.
Finally, the law codifies certain EPA policies providing liability relief to certain
kinds of CERCLA generators.
TARGETED WATERSHED GRANTS PROGRAM
The Targeted Watershed Grants Program (formerly known as the Watershed
Initiative) was conceived to encourage successful community-based approaches to restore, preserve, and protect the nation’s watersheds. This new
competitive grant program is a bold approach to watershed management in
that it will provide needed resources to those watershed organizations
whose restoration plans are ripe, and who are anxious to achieve quick, yet
tangible environmental change.
CONTACT:
U.S. Environmental Protection Agency
Office of Wetlands, Oceans, and Watersheds (4503T)
1200 Pennsylvania Avenue NW
Washington, DC 20460
Phone: 202-566-1155
www.epa.gov/owow/watershed/initiative
CONTACT:
Todd Maguire
Idaho Department of Environmental Quality
1410 N. Hilton
Boise, ID 83706
Phone: 208-373-0502
E-mail: [email protected]
www.deq.idaho.gov/Applications/Brownfields
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 3 1
STATE LEVEL FUNDING SOURCES
MOTORBIKE RECREATION FUND
OFF-HIGHWAY VEHICLE PROGRAM
The Motorbike Recreation Fund benefits off-highway motorcycle and allterrain vehicle (ATV) riders by providing facilities, trails and trail improvements statewide. The fund is generated from the registrations of motorcycles and ATVs which are used off-highway.
The Off-highway Vehicle Program was created to provide facilities, trail
improvements, and law enforcement for off-highway vehicle users. Since
these vehicles (snowmobiles, all-terrain vehicles, and off-highway motorcycles) use gasoline but do not use highways, one percent of the state gasoline tax goes into this fund. The money goes back to snowmobilers, offhighway motorcycle riders, and ATV riders in the form of grants to government agencies and private organizations who meet strict criteria for maintenance and operation of facilities.
CONTACT:
Brian Miller, State and Federal Aid Program Manager
Idaho Department of Parks and Recreation
P.O. Box 83720
Boise, ID 83720-0065
Phone: 208-334-4180 ext 233
E-mail: [email protected]
www.idahoparks.org/about/grants_motorbike.html
3 2 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
CONTACT:
Brian Miller, State and Federal Aid Program Manager
Idaho Department of Parks and Recreation
P.O. Box 83720
Boise, ID 83720-0065
Phone: 208-334-4180 ext 233
E-mail: [email protected]
www.idahoparks.org/about/grants_offhighway.html
PARK N’SKI
RECREATIONAL VEHICLE PROGRAM
One of the charms of Nordic skiing is that it is an inexpensive sport that
doesn’t require a lot of equipment. But skiers can enjoy this healthy recreational activity more if they have some basics available, such as marked
trails, plowed parking lots and restrooms. In 1979, cross-country skiers
joined together and asked the Idaho State Legislature to create the Park N’
Ski program. Cross-country skiers must purchase a Park N’ Ski permit to use
the designated parking lots. Through the sale of annual passes and temporary permits, the Park N’ Ski program finances trail marking and grooming,
clearing of parking lots, restrooms, and other facilities for cross-country
skiers. In addition to providing facilities and improvements to ski trails, the
program offers a comprehensive guide to Park N’ Ski sites, and technical
assistance to skiers.
The Idaho Recreational Vehicle Account was established in 1985 by the
Idaho State Legislature in response to requests from recreational vehicle (RV)
users to receive benefits from their license fees. The original legislation
added $3.50 to each license, which established the Idaho RV Account. In
the early days of the program this amounted to about $200,000 annually. In
1988, the law was amended to increase the fund to about $900,000 annually, without a cost increase to users. State law was later amended to increase the account to over $2 million annually. Since 1985, over $16 million
of RV Account funds have been matched with $15.4 million of sponsor
funds to provide over $32 million worth of improvements.
CONTACT:
Brian Miller, State and Federal Aid Program Manager
Idaho Department of Parks and Recreation
P.O. Box 83720
Boise, ID 83720-0065
Phone: 208-334-4180 ext 233
E-mail: [email protected]
www.idahoparks.org/about/grants_nonmotorized.html
CONTACT:
Brian Miller, State and Federal Aid Program Manager
Idaho Department of Parks and Recreation
P.O. Box 83720
Boise, ID 83720-0065
Phone: 208-334-4180 ext 233
E-mail: [email protected]
www.idahoparks.org/about/grants_rvprogram.html
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 3 3
STATE LEVEL FUNDING SOURCES
PRIVATE FUNDING SOURCES
SNOWMOBILE REGISTRATION FUND
LAND TRUSTS
Nearly 8,000 miles of trail are groomed as a result of the Snowmobile Registration Fund. Generated by snowmobile registrations, the fund provides
about $600,000 a year to county snowmobile programs. In addition to trail
grooming, the program provides funding for building and maintaining
shelters and plowing parking areas for snowmobilers. Snowmobilers have
the option of designating which county receives the money from their registration fee. Counties with active snowmobile programs receive all revenues
designated for them by snowmobilers.
National, state, regional, county and local private land trusts (or conservancies) can purchase land for resale to public agencies, buy options to protect
land temporarily, receive land donations, put together land deals and provide technical assistance. As private entities, land trusts can often act more
quickly than public agencies.
CONTACT:
Brian Miller, State and Federal Aid Program Manager
Idaho Department of Parks and Recreation
P.O. Box 83720
Boise, ID 83720-0065
Phone: 208-334-4180 ext 233
E-mail: [email protected]
www.idahoparks.org/about/grants_snowmobile.html
3 4 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
FOUNDATIONS
Private foundations are nongovernmental, non-profit organizations having
principal funds managed by trustees and directors, and established to maintain or aid charitable, educational, religious or other activities serving the
public good, primarily by making grants to other nonprofit organizations.
The overwhelming majority of foundation grants are awarded to nonprofit
organizations that qualify for public charity status under Section 501(c)(3)of
the Internal Revenue Code.
OTHER FUNDING SOURCES
DIRECTORIES OF FOUNDATION FUNDING SOURCES
Guide to Foundation Grants for Rivers, Trails, and Open Space Conservation,
2nd edition: Prepared by National Center for Recreation and Conservation,
National Park Service, June 1996. Available from NPS (330-657-2378). This
guide lists information about selected foundations that may have interest in
greenway projects.
The Foundation Directory, and The Foundation Directory Part 2: Prepared by
the Foundation Center. Available from libraries and the Foundation Center
(212-620-4230). Web site:www.fdncenter.org. These directories describe
the programs of thousands of large foundations throughout the U.S., and
are updated annually.
The Foundation Grants Index: Prepared by the Foundation Center. Available
from libraries and the Foundation Center (212-620-4230). Web site:
www.fdncenter.org. This index lists recent foundation grants and is updated
annually.
Red Lodge Clearinghouse: The mission of the Red Lodge Clearinghouse is to
support, nurture and connect collaborative natural resource groups. The
section titled “Collaborative Resources” contains a searchable listing of funding sources supporting collaborative approaches to natural resource management Web site: www.redlodgeclearinghouse.org.
Creating Public Funding for Parks and Conservation: The Trust for Public
Land’s (TPL) Conservation Finance Program assists land trusts, communities,
and states in creating and expanding sources of public funding for land
conservation. Since 1996, TPL has helped communities pass 192 local and
state ballot measures that have generated more than $35 billion in new
conservation-related funding, including $18 billion for land acquisition and
restoration. A recent example of a successful Conservation Ballot Measure in
Georgia was the March 18, 2003, passing in Forsyth County of a special one
percent sales and use tax over a 5-year period that will help fund parks,
open space, historic preservation, road improvements and public facilities in
this county. For more information, please call 617-367-6200 or see the TPL
Web site at www.tpl.org.
Businesses: Most towns have public-spirited companies. These firms have a
history of helping worthy projects by providing meeting rooms in a company building, giving small grants, donating copying or renting services or
giving free or reduced-fee use of the company’s special services. For example, a law firm might provide pro bono legal advice or an accounting
firm might donate staff time to assist in developing a simple bookkeeping
system.
Friends Groups: We all need friends, and this holds true for greenway
projects as well. In fact, the long-term success of a project can well depend
on the formation of an on-going private Friends of the Trail organization.
Friends groups can provide a number of services including physical labor
through Adopt-a-Trail maintenance or construction activities, fundraising,
user education, promotion and surveillance of the facility. These groups are
important in all project phases: planning, acquisition, development and
operation.
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 3 5
Other Organizations: Civic groups and school
groups can play an important role in support of a
greenway project. They might help with trail development and maintenance, funding, promotion
and hosting of events. These activities can be
separate from, or in conjunction with, a friends
group.
Individuals: Willing individuals can donate money,
land, easements and services. The vast majority of
money donated to trail and greenway projects in
this country comes from individuals. In many cases,
the financial contribution of a single individual has
meant the success of a trail or greenway project.
3 6 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
CONCURRENT STUDIES AND PROJECTS
Name: IDAHO BICYCLE AND PEDESTRIAN TRANSPORTATION PLAN
Name: IDAHO STATE TRAILS PLAN
Lead Org(s): Idaho Transportation Board
Lead Org(s): Idaho Department of Parks and Recreation
Description: The transportation plan includes the visions and goals for the
future of bicycle and pedestrian transportation in the state of Idaho. It also
features strategies to achieve these goals and a more detailed comprehensive approach for the transportation planning.
Description: The state trails plan provides descriptions of the different agencies that administer land in Idaho and the amount of trails present on these
lands. It includes contact information of trail organizations. It also includes
results of a trail user study and goals and objectives based on the results of
the study.
Completion Date: January 1995
Mention of/Implementation for Study Corridors: This report does not include any references to specific trails but rather discusses the future of Idaho
trails in a broader context. It discusses the need for the creation of a network as complete and continuous as possible. The network should definitely
provide access to schools, recreational facilities and if possible shopping
complexes.
FOR MORE INFORMATION:
Bicycle and Pedestrian Planner
Idaho Transportation Department
PO Box 7129
Boise, ID 83707-8272
Phone: 208-334-8272
Completion Date: Not given
Mention of/Implementation for Study Corridors: Contains no objectives or
plans for specific goals or improvements for specific trails. Goals presented
in report are broad and with respect to the entire state trail network.
FOR MORE INFORMATION:
Idaho Department of Parks and Recreation
PO Box 83720
Boise, ID 83720-0065
Phone: 208-334-4199
E-mail: [email protected]
www.idahoparks.org
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 3 7
LIST OF OPEN RAIL TRAILS IN IDAHO
Trail Name: BOISE RIVER GREENBELT
County: Ada
From Boise to Boise
Length: 12 miles
Is the trail located next to an active rail line? No
Which railroad company formerly owned the corridor? Union Pacific
Trail surface type: Asphalt
Allowed uses: Walk, Bicycle, Cross Country Ski, Inline Skates, Wheelchair
Trail Name: INDIAN CREEK PATHWAY (KUNA)
County: Ada
From Kuna (Swan Falls Rd) to Kuna (Sego Prarie Park)
Length: 3.5 miles
Is the trail located next to an active rail line? Yes
Trail surface types: Asphalt, Grass
Allowed uses: Walk, Bicycle, Cross Country Ski, Inline Skates, Fishing, Wheelchair
Trail Name: KENDRICK-JULIAETTA RECREATION TRAIL
County: Latah
From Kendrick (high school) to Juliaetta (Centennial Park)
Length: 5.3 miles
Is the trail located next to an active rail line? No
Trail surface type: Asphalt
Allowed uses: Walk, Bicycle, Inline Skates, Wheelchair
Trail Name: LATAH TRAIL
County: Latah
From Moscow to Troy
Length: 11 miles
Is the trail located next to an active rail line? No
3 8 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
Trail Name: NAMPA TO STODDARD TRAIL
Counties: Ada, Canyon
From Nampa to Stoddard
Length: 1.5 miles
Is the trail located next to an active rail line? No
Who owns the trail? City of Nampa
Was the corridor railbanked? Yes
Which railroad company formerly owned the corridor? Union Pacific
Trail surface type: Gravel
Allowed uses: Walk, Horseback, Bicycle, Inline Skates, Mountain Bicycle, Wheelchair
Trail Name: NORTH IDAHO CENTENNIAL TRAIL
County: Kootenai
From Coeur d’Alene to Idaho state line
Length: 18 miles
Is the trail located next to an active rail line? No
Which railroad company formerly owned the corridor? Burlington Northern
Trail surface type: Asphalt
Allowed uses: Walk, Bicycle, Fishing, Inline Skates, Wheelchair
Trail Name: TRAIL OF THE COEUR D’ALENES
Counties: Benewah, Kootenai, Shoshone
From Plummer through Harrison and Wallace to Mullan
Length: 72 miles
Is the trail located next to an active rail line? No
Who owns the trail? State of Idaho & Coeur d’Alene Tribe
Was the corridor railbanked? Yes
Which railroad company formerly owned the corridor? Union Pacific
Trail surface type: Asphalt
Allowed uses: Walk, Bicycle, Inline Skates, Wheelchair
Trail Name: VICTOR TO DRIGGS RAIL-TRAIL
County: Teton
From Driggs to Victor
Length: 8 miles
Is the trail located next to an active rail line? No
Trail Name: WEISER RIVER TRAIL
County: Washington
From Weiser to Mill Road East of Cambridge
Length: 84 miles
Is the trail located next to an active rail line? No
Trail surface type: Ballast
Allowed uses: Walk, Horseback, Cross Country Ski, Mountain Bicycle
Trail Name: WOOD RIVER TRAILS
County: Blaine
From Ketchum to Bellevue
Length: 30 miles
Is the trail located next to an active rail line? No
Trail surface type: Asphalt
Allowed uses: Walk, Bicycle, Horseback, Inline Skates, Cross Country Ski, Wheelchair
Trail Name: ROUTE OF THE HIAWATHA
County: Shoshone, Mineral
From: St. Paul Pass Tunnel (MT/ID border) to Pearson, ID
Length: 15 miles
Is the trail located next to an active rail line? No
Which railroad company formerly owned the corridor? Burlington Northern
Trail surface types: Ballast, Dirt, Gravel
Allowed uses: Walk, Horseback, Mountain Bicycle, Fishing, Cross Country Ski
Trail Name: BILL CHIPMAN PALOUSE TRAIL
Counties: Whitman, Latah
From Pullman, WA (Bishop Blvd) to Moscow, ID
Length: 7.45 miles
Is the trail located next to an active rail line? No
Who owns the trail? Pullman, Moscow, Whitman City
Was the corridor railbanked? Yes
Which railroad company formerly owned the corridor? Blue Mountain
Trail surface type: Asphalt
Allowed uses: Walk, Bicycle, Cross Country Ski, Inline Skates, Wheelchair
Trail Name: YELLOWSTONE BRANCH LINE TRAIL
County: Fremont
From Warm River to Montana State Line
Length: 34 miles
Is the trail located next to an active rail line? No
Which railroad company formerly owned the corridor? Yellowstone Branch Line
Trail surface type: Ballast
Allowed uses: Walk, Horseback, Snowmobile, Cross Country Ski, Mountain
Bicycle
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 3 9
APPENDIX A: LIST OF COUNTIES AND TARIFF STATIONS IN IDAHO
Included as Appendix A in the original Chicago, Milwaukee, St. Paul and Pacific Railroad (Milwaukee Road) Pacific Coast Extension abandonment application,
authorized by the ICC January 30, 1980. (Docket number AB-7 sub 86F).
County
KOOTENAI
LATAH
BENEWAH
Tariff Station
Milepost
Worley
Mozart
Setters
McGuires
Post Falls
Huetter
Atlas
Gibbs
Coeur d’Alene*
Sherwin
Purdue
Bovill
1842.6
1843.8
1849.2
15.6
17.7
22.0
29.9
31.0
32.5
44.0
49.7
51.7
Omega
St. Maries*
Ramsdell
Pedee
Plummer*
Lotus
Alder Creek
Rover
Mashburn
Wayland
Renfrew Creek
Tyson Creek
Fernwood
Ryan Spur
Emerald Creek
Mowry
1812.7
1818.0
1823.3
1829.3
1836.9
8.8
10.4
12.9
18.9
20.6
23.2
24.8
26.5
29.0
30.7
1844.4
4 0 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
County
Tariff Station
Shoshone
* Denotes Agency Station
Roland
Adair
Falcon
Kyle
Stetson
Avery*
Ethelton
Hoyts Spur
Pocono
Calder
St. Joe
Emerald Creek
Jims Spur
Cedar Creek Spur
Clarkia
Milepost
1751.0
1755.8
1760.4
1765.6
1769.1
1772.8
1778.2
1780.0
1786.6
1795.2
1795.2
30.7
32.0
34.0
36.6
APPENDIX B: A SUMMARY DESCRIPTION OF LAND USE PATTERNS
Included in the Chicago, Milwaukee, St. Paul and Pacific Railroad (Milwaukee Road) Pacific Coast Extension abandonment application, authorized by
the ICC January 30, 1980. (Docket number AB-7 sub 86F).
The river valleys followed by this lie transect heavily forested rugged terrain
of the Rocky Mountains. Though bordered by mountains, the valleys are
relatively flat and contain open areas and wetlands. The east border of the
St. Joe National Forest is located approximately one mile west of the line.
ALBERTON, MONTANA TO ST. MARIES, IDAHO (PRIMARY ROUTE)
Land surrounding the line between Alberton, Montana and St. Maries,
Idaho is sparsely populated, with a limited amount of commercial and industrial uses. The entire line lies in creek or river valleys which are bordered
on both sides by forested mountains. These valleys are formed by the following waters which closely parallel the line: Clark Fork River, milepost 1672
to 1716; St. Regis River, milepost 1717 to 1744; Rainy Creek and Loop
Creek, milepost 1744 to 1763; and St. Joe River, milepost 1763 through St.
Maries. Most of the surrounding forest land is undeveloped preservation
areas. The line transects Lolo National Forest in Montana and St. Joe National Forest in Idaho. The river valleys provide open areas for agriculture
between mileposts 1684 and 1730 and between milepost 1780 and 1787.
In addition to the Milwaukee Road line, the creek and river valleys also provide corridors for Interstate 90 (U.S. Route 10), local roads, portions of a
Burlington Northern line and occasional transmission lines and pipelines.
The 19 communities along this line are low-density commercial and residential developments.
ST. MARIES, IDAHO TO BOVILL, IDAHO (SPUR ROUTE)
The St. Maries to Bovill, Idaho line closely parallels three waterways: The St.
Maries River from milepost 0.0 to 36, the West Fork of the St. Maries River
from milepost 36 to 43 and the Potlach River from milepost 43 to 51.8. The
predominant surrounding land uses are forest and agriculture. Residential
and commercial/industrial activities are sparse. Roadways lie within one-half
mile of the line from milepost 0.0 to12 and from milepost 23 to 51.8.
ST. MARIES, IDAHO TO OTHELLO, WASHINGTON (PRIMARY ROUTE)
The St. Maries to Bovill line crosses a variety of land types including dense
forest, agricultural and rock rangeland. The first twenty miles of the line lies
in predominantly mountainous forests, scattered with open agricultural
areas. Dense forests become increasingly sparse as the line proceeds westward until agriculture dominates the area. West of milepost 1896, land
become less fertile and undergoes another transition to uncultivated, open
rangeland. Dryland grain farming and grazing are the predominant types of
agriculture.
The entire area is sparsely populated. Residential developments as well as a
limited amount of commercial and industrial uses are located almost exclusively in small towns. Outside of these communities, residential uses adjacent to the line consist mostly of isolated farmsteads. Commerce and industry are limited to occasional rural stores or grain elevators.
The first twenty miles of the line transects the Coeur d’Alene Indian Reservation, this includes Heyburn State Park and a six mile stretch which passes
over or adjacent to Benewah and Chotcolet Lakes. Another public property
in the area is the Columbia National Wildlife Refuge, located west of milepost 1980. The only other large body of water near the line is Rock Lake
located immediately north of the line between milepost 1892 and 1900.
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 4 1
PLUMMER, IDAHO TO SPOKANE, WASHINGTON (SPUR)
The twenty mile line between Plummer Junction, Idaho and Spokane, Washington lies in a predominately agricultural and wooded-mountainous area.
With the exception of several communities along the line, the surrounding
land is sparsely populated. The first 15 miles is surrounded by the Coeur
d’Alene Indian Reservation. Several recreation facilities located in the vicinity
include: Whaa-Laa tribal grounds between Plummer and Worley and facilities surrounding Coeur d’Alene Lake. Coeur d’Alene Lake is located approximately three miles east of the line.
4 2 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
APPENDIX C: LIST OF STOPS ON SYSTEM MAP
List of stops on the System Map included as Appendix C in the original
Chicago, Milwaukee, St. Paul and Pacific Railroad (Milwaukee Road) Pacific
Coast Extension abandonment application, authorized by the ICC January
30, 1980. (Docket number AB-7 sub 86F).
St. Regis, MT
Avery, ID
Drexel, MT
Pocono, ID
Henderson, MT
Calder, ID
Haugan, MT
Omega, ID
Saltese, MT
St. Maries, ID
Bryson, MT
Namsdell, ID
East Portal, MT
Pedee, ID
Roland, ID
Plumber, ID
Falcon, ID
Mowry, ID
Kyle, ID
Takoa, WA
Stetson, ID
Pandora, WA
RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 4 3
ABOUT THE RAILS-TO-TRAILS CONSERVANCY
Founded in 1986, Rails-to-Trails Conservancy (RTC)
was created to breathe new life into abandoned rail
lines by converting them to multi-use trails for public
use nationwide. Prior to that time, there were only
200 open railtrails in the country and more than half
of the nation ’s 300,000-mile railroad network laid
unused or abandoned. Since its founding, RTC has
helped convert more than 12,000 miles of abandoned
railroad corridors into America’s newest parklands,
enjoyed by more than 100 million users a year: places
like the Cape Cod Rail-Trail,
Nebraska’s Cowboy Trail, the San Diego Bay Shore Bikeway, the Illinois
Prairie Path, the Capital Crescent Trail in Washington, D.C., and hundreds of
others. Now 19 years old, Rails-to-Trails Conservancy has become the largest and most widely respected trails organization in America. In addition,
Rail-to-Trails Conservancy is the only national group devoted to preserving
railroad corridors by converting them to multi-use trails.
RTC is a 501(c)(3) nonprofit organization with: 43 employees distributed
among four regional offices in California, Florida, Ohio, Pennsylvania, and
headquarters in Washington, D.C.; more than 100,000 members and supporters nationwide; a 13-member board of directors that meets three times
a year; an operating budget of $6 million dedicated to trail building, corridor preservation, open space protection, public education and advocacy;
4 4 • MILWAU KEE RO A D RE P O RT • RAILS-TO-TRAILS CONSERVANCY
five national and three international Trails and Greenways Conferences to
date, the most recent in July 2005 in Minneapolis, MN, attended by more
than 400 trail activists; a full-color quarterly magazine, Rails to Trails, and a
highly-visited family of linked Web sites (accessible at www.railtrails.org)
addressing a broad range of information from trail- finder databases for the
everyday user to technical counsel on trail purchase and construction; recognition from a diverse mix of interests, including health, environment,
government and recreation, such as:
•
Lead private sector partner in the White House Millennium Trails Program that identified and celebrated 16 National Millennium Trails, 51
Millennium Legacy Trails and more than 1,000 Millennium Community
Trails;
•
The Presidential Award for Sustainable Development by The President’s
Council of Sustainable Development;
•
The Biennial Trails Service Award from American Trails;
•
Sponsorship from The Robert Wood Johnson Foundation to bring public
health officials to our 2001 and 2003 conferences to create an exchange and address a common agenda between the trail and health
communities, and;
•
The American Greenways Dupont Award from the Conservation Fund,
Dupont Corporation and the National Geographic Society.
Rails-to-Trails Conservancy
1100 Seventeenth Street, NW, 10th Floor
Washington, D.C. 20036
202.331.9696 • www.railtrails.org