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