Milwaukee Road Rail-Trail in Idaho Inventory and Assessment

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 MILWAUKEE ROAD REPORT • 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 TRAIL D EVELOPMENT A SSISTANCE R ESPONSE T EAM

A Service of Rails-to-Trails Conservancy MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY TABLE OF CONTENTS

INTRODUCTION ...... 2 FUNDING SOURCES IN IDAHO ...... 24 Project Goals and Objectives ...... 2 Federal Funding Sources...... 24 The Value of Trails ...... 2 Transportation Enhancements ...... 24 State Level Funding Sources ...... 34 CORRIDOR RESEARCH ...... 4 Private Funding Sources ...... 34 Technical Methodology ...... 4 Other Funding Sources ...... 35 Idaho Rail History ...... 4 Milwaukee Road History ...... 5 CONCURRENT STUDIES AND PROJECTS ...... 37 Proceedings before the Interstate Commerce Commission ...... 6 LIST OF OPEN RAIL TRAILS IN IDAHO ...... 38 Primary Route ...... 6 Spurs ...... 7 APPENDIX A: LIST OF COUNTIES AND TARIFF STATIONS IN IDAHO ...... 40 Segment Summary Information ...... 8 APPENDIX B: A SUMMARY DESCRIPTION OF LAND USE PATTERNS ...... 41 Historic Places Summary ...... 9 Historic Tunnels ...... 10 APPENDIX C: LIST OF STOPS ON SYSTEM MAP ...... 43 Federally Granted Right-of-Way (ROW) Information ...... 11 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 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY HEALTHY LIVING. The U.S. Surgeon General estimates that 60 percent of American adults are not regu- larly 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 con- nections 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 informa- Like most of the northwest territory of the United inland. Northern Pacific bought out several small tion and guidance they need to implement a States, in the early part of the 1800s and the cen- railroads, in Idaho and neighboring territories, multi-purpose rail-trail along the Milwaukee Road turies preceding it, Idaho was an untouched haven which increased the company’s profits and al- corridor. This process requires a series of steps that for Native Americans. When Louis and Clark ven- lowed access to mines in Idaho’s panhandle. build on each other and ultimately provides a tured onto its lands in 1805, American business- With Northern Pacific running most of the rail- holistic view of the current state of the corridor men, traders, and settlers alike saw the revenue roads in this new territory, exploration and coloni- and actions needed to be undertaken for trail potential of the area. Military forts, trading posts, zation became much easier and much more fre- conversion. and convenient stops along the Oregon Trail quent. On September 8, 1883 the last spike was turned Idaho into an up-and-coming settlement. The first step of such a process is to create an driven into the rails that would connect the east to With the construction of a mission in 1836, Idaho’s inventory of the trail, which includes a visual in- the west. In September of 1899, the Great North- first school, irrigation system, and potato farms spection along its entire length, research on the ern Railroad, a close competitor and partner of the emerged. corridor history, a review of state case law, and Northern Pacific completed a second rail line that availability of trail funding, all of which can be The Gold Rush of 1849 saw huge numbers of would connect the mid-west with the west. By the found in this report. settlers arrive in the area. By 1874, railroad services early 20th century, the Chicago, Milwaukee, St. finally reached Idaho by way of Franklin, the Paul & Pacific Railroad, known as the Milwaukee Within the report and in the appendix one can territory’s first town. In 1890, with the population Road, which ran from Milwaukee to Seattle, pro- find much of the supporting information including continually growing due to the influx of new set- vided a third important rail line through Idaho. a list of counties and tariff stations the Milwaukee tlers such as gold miners, Idaho became the 43rd Road traversed in Idaho, land use patterns along In addition to transcontinental lines, local lines state. the route, and a list of owned and shared rail were being built as well. The St. Anthony Railroad, trackage. Idaho’s first main railroad was constructed by Idaho’s first intrastate rail line, was opened in 1899 Northern Pacific. Connecting the mid-west with from Idaho Falls to St. Anthony in the southeast the west, the railroad ran from Montana, straight part of the state. The Minidoka & Southwestern through Idaho, and into Washington. Despite railroad built a line from Minidoka to Buhl, Idaho Idaho’s growing economy and population, railroad that opened in 1905 and covered much of the construction began in the state’s neighboring south central part of the state. In 1910, the Oregon Washington and Montana territories. The Northern Short Line Railroad acquired both lines and con- Pacific railroad is mostly responsible for this, start- tinued to build upon them, extending into ing in Minnesota and Seattle and working its way Yellowstone Park and other neighboring states.

4 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY MILWAUKEE ROAD HISTORY

Today, much of Idaho’s rail transportation consists Developed by Bryan Kilbourn, a prominent busi- United States, due to the ever expanding construc- mainly of transporting goods and materials. The nessman in Milwaukee, the Milwaukee and tion of railroads, would now be easily accessible to Union Pacific and Burlington Northern Santa Fe Waukesha Railroad began operating between even more people emigrating to the west. Railroad are the two biggest Class 1 rail lines in the Milwaukee and Waukesha in 1850. By 1857 this In 1928, the Milwaukee Road reorganized due to state, meaning they transport bulk items for longer railroad reached as far as Prairie du Chien, Wiscon- bankruptcy and became the Chicago, Milwaukee, distances. Short-line and regional line railroads act sin. Changing its name to Chicago, Milwaukee St. Paul & Pacific. Having over 656 miles of electri- as feeder lines into the bigger Class 1 rail lines. and St. Paul Railroad in 1874, the railroad began fied track, the Milwaukee Road was ground-break- Railroads in Idaho currently primarily transport to move further and further into the Midwest, ing in terms of long distance electrification. In cargo, coal, lumber, and agricultural products. The eventually expanding to reach Iowa, South Dakota, addition, this line supported both freight and more rural parts of the state especially rely on Kansas and the Upper Peninsula of Michigan. passenger trains, including high-speed intercity these rail lines to ship the goods that keep their Continuing the push westward, the railroad built trains, such as the steam powered Hiawatha. business and economy thriving. While passenger from South Dakota Finally in 1977 after years of success, the railroad travel in Idaho is not as prominent through Montana and reorganized again and discarded two-thirds of its as it used to be, rail lines continue Idaho to Seattle/ trackage. In 1980, over 1,000 miles were aban- to be a vital asset to the state’s Tacoma between doned. Known as the Pacific Coast Extension, the economy and heritage. 1906–1909. The abandoned corridor stretched from Miles City, Northwestern Mont. to Maple Valley, Wash. In 1985 the line was territories of the 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.

The main line that was abandoned is listed in the The segment of the route that traverses Idaho was original abandonment filing as stretching over determined by reviewing the following informa- 1,034 miles from Miles City, Mont. to Maple Val- tion: ley, Wash. To determine the segment of the route • List of Counties and tariff stations: this was that traversed Idaho we rely on the sources included as Appendix A in the original aban- bulleted below. They suggest that the segment donment application. In this document, it can begins at the Taft tunnel just north of Roland. It be found in Appendix A. makes a switchback along Loop Creek before passing through the towns of Falcon, Pearson, and • System Map: this was included as Appendix C Kyle along the North Fork of the St. Joe River. At in the original abandonment application. In the town of Avery, the route heads west along the this document a list of the locations included St. Joe River passing the communities of Ethelton, on the map can be found in Appendix C. Hoyt, Mable Creek, Erlmo, Herrick, Calder, and St. • General Land Use Patterns: descriptions of the Joe, to St. Maries. From St. Maries, the route heads route included in the abandonment applica- northwest through Heyburn State Park, across the tion which includes information such as southwest corner of Chatcolet/Benewah Lake, whether the route parallels a waterway, travels along the southern edge of Chatcolet Lake, along through large cities, etc. can be found in Ap- Plummer Creek, and past the towns of Plummer pendix B. Junction, and Plummer. From Plummer the route travels west towards Mowry and eventually crosses the Washington state line.

6 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY SPURS

There were three main spurs that were abandoned MILWAUKEE ROAD OWNED, TRACKAGE RIGHTS, AND JOINT TRACKAGE in Idaho as part of the Pacific Coast extension (also Included in the Chicago, Milwaukee, St. Paul and Pacific Railroad (Milwaukee Road) Pacific Coast Extension determined by reviewing the material listed abandonment application, authorized by the ICC January 30, 1980. (Docket number AB-7 sub 86F). above). These were: Endpoint 1 Endpoint 2 Miles Route Type Other Owner • St. Maries, Idaho to Bovill, Idaho Milwaukee Owned • Plummer, Idaho to Manito, Wash. (en route to Miles City, Mont. Maple Valley, Wash. 1034.2 Primary Route Spokane) Plummer, Idaho Manito, Wash. 20 Spur St. Maries, Idaho Purdue, Idaho 49.7 Spur • Spokane, Wash. to Coeur d’Alene, Idaho Trackage Rights The Chicago, Milwaukee, St. Paul and Pacific Rail- Coeur D’Alene 0.8 Spur BN road Company did not own the lines for all of Purdue, Idaho Bovill, Idaho 2.1 Spur WI&M these spurs. Sometime they owned the lines, Joint Trackage sometimes they owned the trackage rights, and Spokane Bridge, Wash. Coeur D’Alene 13.6 Spur MILW-BN 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)

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

Construction ROW Estimated Land Value Joint Trackage Endpoints Endpoints Mileposts Mileage Route Type Dates Width Acreage (as of 1979) Tackage Shared (mi.)

Alberton, MT St. Maries, ID 1672.5–1818.0 145.5 Primary 1908 100' 1,763 $1,451,099

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 $1,660,690

Plummer, ID Manito, WA 1836.0–1856.0 20 Spur 1912 100’ 242

St. Maries, ID Bovill, ID Spur $246,286

Plummer Junction, ID Spokane, WA Spur $3,716,211

East Spokane, (Dishman) WA Coeur d’Alene, ID Spur $2,389,004

Purdue, ID Bovill, ID Spur 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 • MILWAUKEE ROAD REPORT • 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 Type of Name Milepost Location Height Width Length Construction Table 3 of the abandonment application also included a List of Tunnels which are included below. 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

10 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY FEDERALLY GRANTED RIGHT-OF-WAY (ROW) INFORMATION In many states, especially in the Midwest, the federal government granted the Idaho state line west of Mowry, Idaho (see map below). The section rights-of-way for the establishment of railroad corridors. (For legal issues (VS#1) is listed in written records as including 464.9 acres of federally concerning federally grants rights-of-way, see “Nature of Interest Conveyed granted ROW. As this segment is approximately 90 miles long with a 100 by Federal Land Grants” in the legal section of this document). 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 Some of the land upon which the Milwaukee Road was built in Idaho was federally granted. Further research would enlighten one on the exact loca- granted by the federal government to the Milwaukee Road railroad. Accord- tions of the federally granted parcels. The land was granted on March 3, ing to the Intestate Commerce Commission Bureau of Valuation Pacific District 1875 and acquired in 1908. 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

RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 11 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.

Plummer to St. Maries Town of St. Maries From the town of Plummer to St. Maries, the Milwaukee Situated in a beautiful timbered valley among a multi- Road is an active rail line, run by the St. Maries Railroad tude of lakes and two major rivers, the community of St. Corporation. The railroad corridor, for the most part, Maries (pop. 2,500) is a perfect stop for tourists. It parallels Route 5, touching the shores of Lake Coeur provides a wide variety of accommodations including d’Alene. historic and modern bed and breakfasts, motels, an RV park, and the Benewah Resort located on Benewah Lake.

01234 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.

12 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY St. Maries to Calder From the town of St. Maries eastward for the first For the next ten miles, the Mil- Near the town of Calder, the Milwaukee Road traverses 20 miles, the Milwaukee Road lies to the south of waukee Road continues on the a small bridge over a creek. Part of the bridge has been the St. Jose River and Route 50 lies to the north. northern side of the St. Joe River burned, but it is still very stable. (The bridge would need This packed earth road is about 22 feet wide and on an unpaved, un-maintained to have its surface completed.) used by RV’s who park at designated scenic areas road. Recreational vehicles are along the river. Approximately 18 miles east of St. parked in clusters along the bank. Maries, the dirt road passes over the river via an historic (1908) trestle bridge.

01234 Miles

RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT •13 TOWN OF CALDER

Calder is a very small town along the Milwaukee Road Although not many tourist amenities, the town does and to the north of the St. Joe River. have a few relics from the Milwaukee Road. One building appears to be the original depot.

Another building is adorned with a “Calder Depot” sign. The town of Calder and the Milwaukee Road is con- From Calder, the Milwaukee Road continues east along nected to Route 50 by way of a bridge over the St. Joe the north side of the St. Joe River. River.

14 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY Calder to Avery Connection to Route 50. The first ten miles continues as a Along the bank of the river lay For the next seven miles to the town of Avery, a paved, packed dirt road about 22 feet wide between the small communities of homes, two-lane road (Route 50) lies on the former Milwaukee St. Joe River to the south and the forest covered horses in pasture, RV and camping Road. There is little to no shoulder and, with some hills to the north. Although the route is open to sites. To the south of the river is a frequency, fast-moving cars. The road is tucked up vehicles, very few vehicles use the dirt road. narrow unpaved trail. against steep hills to the north. To the south is the St. Route 50 lies to the south and periodically con- Joe River. There is often a few hundred yards of open nects via a bridge. This portion of the trail passes field between the road and the river. In this space, through one tunnel. homes or RV parks can often be found.

01234 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 …a railroad car… River. The town boasts a number of amenities for tourists including: …an historic Milwaukee Road Railroad Depot…

Avery also has a hotel, RV hookups, and a Milwaukee Road gift shop.

…a historic jail…

16 • MILWAUKEE ROAD REPORT • 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 nar- rower 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.

01234 Miles

RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT •17 IDAHO LEGAL REVIEW

BACKGROUND FRAMEWORK FOR EVALUATING RAILROAD OWNER- SHIP 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 suffi- ciently 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).

18 • MILWAUKEE ROAD REPORT • 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 • 19 strip of land that railroad companies acquire to construct their railroads.” Id. at 18 ; Coulsen v. Aber- deen-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 Fed- eral 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

20 • MILWAUKEE ROAD REPORT • 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 • 21 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 cer- tificate 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 uncon- nected 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.

22 • MILWAUKEE ROAD REPORT • 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 • 23 FUNDING SOURCES IN IDAHO

FEDERAL FUNDING SOURCES • Landscaping and scenic beautification

• Rehabilitating historic buildings or facilities to serve a transportation TRANSPORTATION ENHANCEMENTS need Transportation Enhancements (TE) awards are funds provided by the federal • Performing archaeological research such as excavations government through the federal surface transportation legislation, currently SAFETEA-LU. These awards are intended to fund community-based projects • Removing outdoor advertising signs that expand travel choices and enhance the transportation experience by • Mitigating water pollution caused by road runoff, and providing for improving the cultural, historic, aesthetic and environmental aspects of our wildlife connectivity transportation infrastructure. They include improvement of non-motorized transport, trails and greenways. • Establishing transportation museums

While TE funds are provided by federal legislation, the Idaho Transportation For more information about Transportation Enhancements in general, see Department makes funding decisions for Idaho-based projects. Since the the National Transportation Enhancements Clearinghouse (NTEC). The beginning of the TE program in 1992, $34 million federal TE dollars were NTEC Web site provides basic information about eligibility, funding and awarded for bicycle-pedestrian facilities and rail-trails in Idaho, amounting applying, along with State Profiles that document each state’s particular TE to over 65% of Idaho’s TE funds. application schedule and process, relevant contacts, and other pertinent information needed to apply for a TE award. NTEC additionally offers In order to be eligible to apply for a TE award in any state, two basic re- searchable databases of all TE activities programmed in every state with quirements must be met. The first is that the activity or project must relate financial and geographical information on each project. The recently estab- to surface transportation. Second, it must fit into one of the 12 categories lished online Project Library details successful examples of TE activities specified under the surface transportation law. These are: across the country. See www.enhancements.org for more information on • Building facilities for pedestrians and bicycles these and other useful resources.

• Providing safety and educational activities for pedestrians and bicyclists. In Idaho, applications are accepted on a yearly basis, and are currently available on the Idaho Transportation Department’s Web site. Permitted appli- • Converting abandoned railroad corridors into bicycle and pedestrian cants include public agencies, private organizations and special interest paths groups. A public agency must serve as the project sponsor. Sponsors must • Preserving historic sites 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 • Acquiring scenic or historic sites preferred, but in-kind donations are permitted. The Idaho Transportation • Sponsoring scenic or historic highway programs Board has established the following targets for awards based on available

24 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY funds: bicycle/pedestrian, 40%-70%; historic enhancements, 15%–30%; scenic/environmental, 15%–30%. DISTRIBUTION OF FEDERAL FUNDS IN IDAHO BY TE ACTIVITY FY 1992 TO FY 2004 Idaho’s Trail of the Coeur d’Alenes, a magnificent 72-mile trail, provides an inspiring example of TE dollars helping to create a Landscaping and Scenic Beautiﬁcation $7,064,700 (15.6%) rail-trail. The trail is the longest continuously paved rail-trail in Scenic/Hist. Hwy Programs Historic Preservation the country, following the Union Pacific Railroad’s right-of-way $5,743,300 (8.8%) $529,900 (1.3%) from Mullan, a mountain mining town near the Montana Acquistion of Scenic/Hist. Rehab. Hist. Transp. Facilities Easements $629,000 (2.5%) $3,699,600 (6.3%) border, through the Silver Valley, into the chain lakes region, over a 3,100-foot bridge to Heyburn State Park and then on to Bike/Ped. Safety/Educ. Rail Trails $4,958,000 (5.6%) $0 (0%) the Coeur d’Alene Indian Reservation, ending in Plummer near the Washington border. Interpretive signs along the way tell Billboard Removal $0 (0%) the story of the region’s rich history. Numerous trailheads, Archaeological Planning/Research $96,000 (0.6%) restroom facilities, picnic tables and benches dot the length of Bike/Ped. Facilities $29,044,300 (55.8%) Env. Mitigation $68,500 (1.3%) the trail. This enormous effort, costing nearly $50 million, was Transportation Museums initiated as a cleanup of historic mining waste and wildlife $248,000 (0.6%) mitigation. Many cooperators were involved because of its Total Programmed Funds: $52,081,300 for 160 projects through 2004 nature and extent. Key partners were the Coeur d’Alene Tribe, Union Pacific Railroad, Idaho Parks and Recreation, Idaho De- partment of Environmental Quality, and the U.S. Environmen- tal Protection Agency. One million dollars in TE funds were used for paving the eastern portion of the trail.

CONTACT: Pat Raino TE Program Coordinator Transportation Department PO Box 7129 Idaho’s Transportation Enhancements Web site: www.itd.idaho.gov/ 3311 West State Street planning/reports/enhancement/EnhancementProgram.html Boise, ID 83707-1129 Phone: 208-334-8209 Fax: 208-334-3858 E-mail: [email protected]

RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 25 FEDERAL FUNDING SOURCES

NATIONAL RECREATIONAL TRAILS FUNDING PROGRAM SCENIC BYWAYS PROGRAM

The Recreational Trails Program provides funds for both motorized and non- The Idaho Scenic Byways Program serves two functions: one, to promote motorized trail development. Through this program, federal gasoline taxes the scenic, historic, and backcountry byways of Idaho; and, two, to provide paid on non-highway, recreation fuel for off-road and camping vehicles is funding for tourist amenities, kiosks, and signs that will assist the traveler on transferred from the highway trust fund. States can grant these funds to the byways. The statewide brochure, “Taking the Scenic Route: A guide to private individuals, organizations, city and county governments and other Idaho’s Scenic Byways,” as well as individual byway brochures, audio tapes, government entities. Grant recipients are generally required to provide 20 web-pages, and other informational documents serves the former function. percent of the total project cost. Permissible uses of Recreational Trails Pro- Project requests from local byway groups are submitted annually to serve gram funds include: the latter. Needs are determined by corridor management plans (CMP) developed for the byways, or community interest groups’ goals in lieu of a • State administrative costs corridor management plan. Development of a corridor management plan is • Environmental and safety education programs 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 • Development of urban trail linkages local road designated as a scenic, historic, or backcountry byway. Eligible • Maintenance of existing trails projects include: developing and implementing a corridor management plan; safety improvements required as a result of scenic byway designation; • Restoration of areas damaged by trail use pedestrian/bicyclist facilities, rest areas, turnouts, highway shoulder im- • Development of trail facilities provements, overlooks, and interpretive facilities; enhancing access to an area for recreation purposes; protecting scenic, historic, recreation, cultural, • Provision of access for people with disabilities natural, and archaeological resources; developing and providing tourist • Acquisitions of easements information; including interpretive exhibits/kiosks, brochures, audio/video tapes; and developing and implementing a scenic byway marketing program. • 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

26 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY CONTACTS: LAND AND WATER CONSERVATION FUND (LWCF) Gary Young, Scenic Byways Coordinator Idaho Transportation Department The Land and Water Conservation Fund is a National Park Service program P.O. Box 7129 that is administered in the state of Idaho by the Idaho Department of Parks Boise, ID 83707-1129 and Recreation. Since 1965, LWCF has been responsible for the acquisition, Phone: 208-334-8214 development, and improvement of over $60 million in outdoor recreation E-mail: [email protected] sites and facilities in Idaho, which includes 475 recreational projects. Most Web: http://itd.idaho.gov/byways/index.htm of that money has been spent to develop city and county park facilities. The National Scenic Byways Program annual appropriation for Idaho ranged from $0 to $1.5 million. The majority U.S. Department of Transportation of the money came from fees paid by oil companies for off-shore leasing. Federal Highway Administration The program provided 50 percent matching grant monies to sponsors of HEPN-50, Room 3232 400 Seventh Street, SW approved projects. Money collected for the LWCF stateside program has not Washington, DC 20590 been appropriated in recent years. 1-800-4BYWAYS (1-800-429-9297), option 3 202-366-1929 CONTACT: www.byways.org Brian Miller, State and Federal Aid Program Manager Idaho Department of Parks and Recreation Scenic America P.O. Box 83720 1634 I Street NW Suite 510 Boise, ID 83720-0065 Washington, DC 20006 Phone: 208-334-4180 ext 233 • Fax 208-334-3741 Phone: 202-638-0550 • Fax: (202) 638-3171 E-mail: [email protected] E-mail: [email protected] www.idahoparks.org/about/grants_landwater.html www.scenic.org

RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 27 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 incorpo- In 1987, Congress established the Nonpoint Source Management Program rated communities and cities. Idaho’s Community Forestry Program pro- under section 319 of the Clean Water Act (CWA). The purpose of the provides technical and financial assistance to increase public awareness and gram was to help states address nonpoint source pollution by identifying understanding of the value of sound community forestry management. This waters affected by such pollution and adopting and implementing manage- program assists Idaho communities in establishing and enhancing sustain- ment programs to control it. These programs recommend where and how able community forests on public and private lands. The USDA Forest Ser- to use best management practices (BMPs) to prevent runoff from becoming vice, State and Private Forestry provide funds to support Idaho’s Urban and polluted, and, when runoff is polluted, to reduce the amount of pollution Community Forestry Program. that reaches surface waters. The Idaho Department of Environmental Qual- ity developed Idaho’s initial nonpoint source program in 1989 through the CONTACTS: coordinated efforts of representatives of numerous organizations having an Winston Wiggins, State Forester interest in the management of nonpoint source water pollution. Idaho has Idaho Department of Lands 954 W. Jefferson Street ambitiously pursued implementation of its program, dedicating personnel Boise, ID 83720-0050 and monetary resources to the advancement of nonpoint source water Phone: 208-334-0200 pollution control activities. Web: www.fs.fed.us/r1-r4/spf/idaho/factsheet/urbancomm02.htm CONTACT: William W. Boettcher, Director Todd Maguire State and Private Forestry, Northern Region Idaho Department of Environmental Quality Federal Building, 200 East Broadway 1410 N. Hilton Missoula, MT 59807 Boise, ID 83706 Phone: (406) 329-3280 Phone: 208-373-0115 E-mail: [email protected] www.deq.state.id.us/water/prog_issues/surface_water/nonpoint.cfm

28 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY STATE WETLANDS PROTECTION DEVELOPMENT GRANT PROGRAM CONSERVATION RESERVE PROGRAM (CRP)

The Wetland Program Development Grants (WPDGs), initiated in 1990, The Conservation Reserve Program reduces soil erosion, protects the provide eligible applicants an opportunity to conduct projects that promote nation’s ability to produce food and fiber, reduces sedimentation in streams the coordination and acceleration of research, investigations, experiments, and lakes, improves water quality, establishes wildlife habitat, and enhances training, demonstrations, surveys, and studies relating to the causes, effects, forest and wetland resources. It encourages farmers to convert highly erod- extent, prevention, reduction, and elimination of water pollution. While ible cropland or other cropland or other environmentally sensitive acreage WPDGs can continue to be used by recipients to build and refine any ele- to vegetative cover, such as tame or native grasses, wildlife plantings, trees, ment of a comprehensive wetland program, priority will be given to fund- filterstrips, or riparian buffers. Farmers receive an annual rental payment for ing projects that address the three priority areas identified by U.S. Environ- the term of the multi-year contract. Cost sharing is provided to establish the mental Protection Agency: Developing a comprehensive monitoring and vegetative cover practices. assessment program; improving the effectiveness of compensatory mitigation; and refining the protection of vulnerable wetlands and aquatic re- CONTACT: Jean Greear, Program Specialist sources. States, Tribes, local governments, interstate associations, intertribal Idaho Farm Service Agency consortia, and national non-profit, non-governmental organizations are 3220 Elder St. eligible to apply. Boise, ID 83705 Phone : 208-378-5662 • Fax : (208) 378-5678 CONTACT: E-mail : [email protected] David Kulman www.nrcs.usda.gov/programs/crp 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

RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 29 FEDERAL FUNDING SOURCES

WETLANDS RESERVE PROGRAM (WRP) WATERSHED PROTECTION AND FLOOD PREVENTION (SMALL WA- TERSHED PROTECTION GRANTS) The Wetlands Reserve Program is a voluntary program offering landowners the opportunity to protect, restore, and enhance wetlands on their property. The Small Watershed Program works through local government sponsors The USDA Natural Resources Conservation Service (NRCS) provides techni- and helps participants solve natural resource and related economic prob- cal and financial support to help landowners with their wetland restoration lems on a water shed basis. Projects include watershed protection, flood efforts. The NRCS goal is to achieve the greatest wetland functions and prevention, erosion and sediment control, water supply, water quality, fish values, along with optimum wildlife habitat, on every acre enrolled in the and wildlife habitat enhancement, wetlands creation and restoration, and program. This program offers landowners an opportunity to establish long- public recreation in water sheds of 250,000 or fewer acres. term conservation and wildlife practices and protection. CONTACT:

CONTACT: Jean Greear, Program Specialist Jean Greear, Program Specialist Idaho Farm Service Agency Idaho Farm Service Agency 3220 Elder St. 3220 Elder St. Boise, ID 83705 Boise, ID 83705 Phone : (208) 378-5662 Phone : 208-378-5662 • Fax : (208) 378-5678 Fax : 208-378-5678 E-mail : [email protected] E-mail : [email protected] www.nrcs.usda.gov/programs/wrp www.nrcs.usda.gov/programs/watershed

30 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY SMALL BUSINESS LIABILITY RELIEF AND BROWNFIELDS REVITALIZA- TARGETED WATERSHED GRANTS PROGRAM TION ACT The Targeted Watershed Grants Program (formerly known as the Watershed On January 11, 2002, President Bush signed the Small Business Liability Initiative) was conceived to encourage successful community-based ap- Relief and Brownfields Revitalization Act into law. This sweeping legislation proaches to restore, preserve, and protect the nation’s watersheds. This new provides the potential for immunity from Comprehensive Environmental competitive grant program is a bold approach to watershed management in Response, Compensation and Liability Act (CERCLA) for prospective pur- that it will provide needed resources to those watershed organizations chasers of contaminated property, property owners whose land is contami- whose restoration plans are ripe, and who are anxious to achieve quick, yet nated from hazardous substances migrating from a contiguous property and tangible environmental change. for landowners who remediate property under a qualifying state cleanup program. It also creates a statutory brownfield grant program that may be CONTACT: used by local governments and non-profits organizations to develop U.S. Environmental Protection Agency Office of Wetlands, Oceans, and Watersheds (4503T) brownfield sites. The law also provides financial assistance to states for es- 1200 Pennsylvania Avenue NW tablishing and administering brownfield or voluntary cleanup programs. Washington, DC 20460 Finally, the law codifies certain EPA policies providing liability relief to certain Phone: 202-566-1155 kinds of CERCLA generators. 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 • 31 STATE LEVEL FUNDING SOURCES

MOTORBIKE RECREATION FUND OFF-HIGHWAY VEHICLE PROGRAM

The Motorbike Recreation Fund benefits off-highway motorcycle and all- The Off-highway Vehicle Program was created to provide facilities, trail terrain vehicle (ATV) riders by providing facilities, trails and trail improve- improvements, and law enforcement for off-highway vehicle users. Since ments statewide. The fund is generated from the registrations of motor- these vehicles (snowmobiles, all-terrain vehicles, and off-highway motor- cycles and ATVs which are used off-highway. cycles) use gasoline but do not use highways, one percent of the state gasoline tax goes into this fund. The money goes back to snowmobilers, off- CONTACT: highway motorcycle riders, and ATV riders in the form of grants to govern- Brian Miller, State and Federal Aid Program Manager ment agencies and private organizations who meet strict criteria for mainte- Idaho Department of Parks and Recreation P.O. Box 83720 nance and operation of facilities. Boise, ID 83720-0065 Phone: 208-334-4180 ext 233 CONTACT: E-mail: [email protected] Brian Miller, State and Federal Aid Program Manager www.idahoparks.org/about/grants_motorbike.html 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

32 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY PARK N’SKI RECREATIONAL VEHICLE PROGRAM

One of the charms of Nordic skiing is that it is an inexpensive sport that The Idaho Recreational Vehicle Account was established in 1985 by the doesn’t require a lot of equipment. But skiers can enjoy this healthy recre- Idaho State Legislature in response to requests from recreational vehicle (RV) ational activity more if they have some basics available, such as marked users to receive benefits from their license fees. The original legislation trails, plowed parking lots and restrooms. In 1979, cross-country skiers added $3.50 to each license, which established the Idaho RV Account. In joined together and asked the Idaho State Legislature to create the Park N’ the early days of the program this amounted to about $200,000 annually. In Ski program. Cross-country skiers must purchase a Park N’ Ski permit to use 1988, the law was amended to increase the fund to about $900,000 annu- the designated parking lots. Through the sale of annual passes and tempo- ally, without a cost increase to users. State law was later amended to in- rary permits, the Park N’ Ski program finances trail marking and grooming, crease the account to over $2 million annually. Since 1985, over $16 million clearing of parking lots, restrooms, and other facilities for cross-country of RV Account funds have been matched with $15.4 million of sponsor skiers. In addition to providing facilities and improvements to ski trails, the funds to provide over $32 million worth of improvements. program offers a comprehensive guide to Park N’ Ski sites, and technical assistance to skiers. CONTACT: Brian Miller, State and Federal Aid Program Manager CONTACT: Idaho Department of Parks and Recreation Brian Miller, State and Federal Aid Program Manager P.O. Box 83720 Idaho Department of Parks and Recreation Boise, ID 83720-0065 P.O. Box 83720 Phone: 208-334-4180 ext 233 Boise, ID 83720-0065 E-mail: [email protected] Phone: 208-334-4180 ext 233 www.idahoparks.org/about/grants_rvprogram.html E-mail: [email protected] www.idahoparks.org/about/grants_nonmotorized.html

RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 33 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 Regis- National, state, regional, county and local private land trusts (or conservan- tration Fund. Generated by snowmobile registrations, the fund provides cies) can purchase land for resale to public agencies, buy options to protect about $600,000 a year to county snowmobile programs. In addition to trail land temporarily, receive land donations, put together land deals and pro- grooming, the program provides funding for building and maintaining vide technical assistance. As private entities, land trusts can often act more shelters and plowing parking areas for snowmobilers. Snowmobilers have quickly than public agencies. the option of designating which county receives the money from their registration fee. Counties with active snowmobile programs receive all revenues FOUNDATIONS designated for them by snowmobilers. Private foundations are nongovernmental, non-profit organizations having CONTACT: principal funds managed by trustees and directors, and established to main- Brian Miller, State and Federal Aid Program Manager tain or aid charitable, educational, religious or other activities serving the Idaho Department of Parks and Recreation public good, primarily by making grants to other nonprofit organizations. P.O. Box 83720 The overwhelming majority of foundation grants are awarded to nonprofit Boise, ID 83720-0065 Phone: 208-334-4180 ext 233 organizations that qualify for public charity status under Section 501(c)(3)of E-mail: [email protected] the Internal Revenue Code. www.idahoparks.org/about/grants_snowmobile.html

34 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY OTHER FUNDING SOURCES

DIRECTORIES OF FOUNDATION FUNDING SOURCES Creating Public Funding for Parks and Conservation: The Trust for Public Land’s (TPL) Conservation Finance Program assists land trusts, communities, Guide to Foundation Grants for Rivers, Trails, and Open Space Conservation, and states in creating and expanding sources of public funding for land 2nd edition: Prepared by National Center for Recreation and Conservation, conservation. Since 1996, TPL has helped communities pass 192 local and National Park Service, June 1996. Available from NPS (330-657-2378). This state ballot measures that have generated more than $35 billion in new guide lists information about selected foundations that may have interest in conservation-related funding, including $18 billion for land acquisition and greenway projects. restoration. A recent example of a successful Conservation Ballot Measure in The Foundation Directory, and The Foundation Directory Part 2: Prepared by Georgia was the March 18, 2003, passing in Forsyth County of a special one the Foundation Center. Available from libraries and the Foundation Center percent sales and use tax over a 5-year period that will help fund parks, (212-620-4230). Web site:www.fdncenter.org. These directories describe open space, historic preservation, road improvements and public facilities in the programs of thousands of large foundations throughout the U.S., and this county. For more information, please call 617-367-6200 or see the TPL are updated annually. Web site at www.tpl.org.

The Foundation Grants Index: Prepared by the Foundation Center. Available Businesses: Most towns have public-spirited companies. These firms have a from libraries and the Foundation Center (212-620-4230). Web site: history of helping worthy projects by providing meeting rooms in a com- www.fdncenter.org. This index lists recent foundation grants and is updated pany building, giving small grants, donating copying or renting services or annually. 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 Red Lodge Clearinghouse: The mission of the Red Lodge Clearinghouse is to firm might donate staff time to assist in developing a simple bookkeeping support, nurture and connect collaborative natural resource groups. The system. section titled “Collaborative Resources” contains a searchable listing of funding sources supporting collaborative approaches to natural resource man- Friends Groups: We all need friends, and this holds true for greenway agement Web site: www.redlodgeclearinghouse.org. 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 • 35 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.

36 • MILWAUKEE ROAD REPORT • 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 Description: The state trails plan provides descriptions of the different agen- future of bicycle and pedestrian transportation in the state of Idaho. It also cies that administer land in Idaho and the amount of trails present on these features strategies to achieve these goals and a more detailed comprehen- lands. It includes contact information of trail organizations. It also includes sive approach for the transportation planning. results of a trail user study and goals and objectives based on the results of the study. Completion Date: January 1995 Completion Date: Not given Mention of/Implementation for Study Corridors: This report does not include any references to specific trails but rather discusses the future of Idaho Mention of/Implementation for Study Corridors: Contains no objectives or trails in a broader context. It discusses the need for the creation of a net- plans for specific goals or improvements for specific trails. Goals presented work as complete and continuous as possible. The network should definitely in report are broad and with respect to the entire state trail network. provide access to schools, recreational facilities and if possible shopping complexes. FOR MORE INFORMATION: Idaho Department of Parks and Recreation FOR MORE INFORMATION: PO Box 83720 Bicycle and Pedestrian Planner Boise, ID 83720-0065 Idaho Transportation Department Phone: 208-334-4199 PO Box 7129 E-mail: [email protected] Boise, ID 83707-8272 www.idahoparks.org Phone: 208-334-8272

RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 37 LIST OF OPEN RAIL TRAILS IN IDAHO

Trail Name: BOISE RIVER GREENBELT Trail Name: NAMPA TO STODDARD TRAIL County: Ada Counties: Ada, Canyon From Boise to Boise From Nampa to Stoddard Length: 12 miles Length: 1.5 miles Is the trail located next to an active rail line? No Is the trail located next to an active rail line? No Which railroad company formerly owned the corridor? Union Pacific Who owns the trail? City of Nampa Trail surface type: Asphalt Was the corridor railbanked? Yes Allowed uses: Walk, Bicycle, Cross Country Ski, Inline Skates, Wheelchair Which railroad company formerly owned the corridor? Union Pacific Trail surface type: Gravel Trail Name: INDIAN CREEK PATHWAY (KUNA) Allowed uses: Walk, Horseback, Bicycle, Inline Skates, Mountain Bicycle, Wheel- County: Ada chair From Kuna (Swan Falls Rd) to Kuna (Sego Prarie Park) Length: 3.5 miles Trail Name: NORTH IDAHO CENTENNIAL TRAIL Is the trail located next to an active rail line? Yes County: Kootenai Trail surface types: Asphalt, Grass From Coeur d’Alene to Idaho state line Allowed uses: Walk, Bicycle, Cross Country Ski, Inline Skates, Fishing, Wheelchair Length: 18 miles Is the trail located next to an active rail line? No Trail Name: KENDRICK-JULIAETTA RECREATION TRAIL Which railroad company formerly owned the corridor? Burlington Northern County: Latah Trail surface type: Asphalt From Kendrick (high school) to Juliaetta (Centennial Park) Allowed uses: Walk, Bicycle, Fishing, Inline Skates, Wheelchair Length: 5.3 miles Is the trail located next to an active rail line? No Trail Name: TRAIL OF THE COEUR D’ALENES Trail surface type: Asphalt Counties: Benewah, Kootenai, Shoshone Allowed uses: Walk, Bicycle, Inline Skates, Wheelchair From Plummer through Harrison and Wallace to Mullan Length: 72 miles Trail Name: LATAH TRAIL Is the trail located next to an active rail line? No County: Latah Who owns the trail? State of Idaho & Coeur d’Alene Tribe From Moscow to Troy Was the corridor railbanked? Yes Length: 11 miles Which railroad company formerly owned the corridor? Union Pacific Is the trail located next to an active rail line? No Trail surface type: Asphalt Allowed uses: Walk, Bicycle, Inline Skates, Wheelchair

38 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY Trail Name: VICTOR TO DRIGGS RAIL-TRAIL Trail Name: ROUTE OF THE HIAWATHA County: Teton County: Shoshone, Mineral From Driggs to Victor From: St. Paul Pass Tunnel (MT/ID border) to Pearson, ID Length: 8 miles Length: 15 miles Is the trail located next to an active rail line? No Is the trail located next to an active rail line? No Which railroad company formerly owned the corridor? Burlington Northern Trail Name: WEISER RIVER TRAIL Trail surface types: Ballast, Dirt, Gravel County: Washington Allowed uses: Walk, Horseback, Mountain Bicycle, Fishing, Cross Country Ski From Weiser to Mill Road East of Cambridge Length: 84 miles Trail Name: BILL CHIPMAN PALOUSE TRAIL Is the trail located next to an active rail line? No Counties: Whitman, Latah Trail surface type: Ballast From Pullman, WA (Bishop Blvd) to Moscow, ID Allowed uses: Walk, Horseback, Cross Country Ski, Mountain Bicycle Length: 7.45 miles Is the trail located next to an active rail line? No Trail Name: WOOD RIVER TRAILS Who owns the trail? Pullman, Moscow, Whitman City County: Blaine Was the corridor railbanked? Yes From Ketchum to Bellevue Which railroad company formerly owned the corridor? Blue Mountain Length: 30 miles Trail surface type: Asphalt Is the trail located next to an active rail line? No Allowed uses: Walk, Bicycle, Cross Country Ski, Inline Skates, Wheelchair Trail surface type: Asphalt Allowed uses: Walk, Bicycle, Horseback, Inline Skates, Cross Country Ski, Wheel- chair

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 • 39 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 Tariff Station Milepost County Tariff Station Milepost KOOTENAI Worley 1842.6 Shoshone Roland 1751.0 Mozart 1843.8 Adair 1755.8 Setters 1849.2 Falcon 1760.4 McGuires 15.6 Kyle 1765.6 Post Falls 17.7 Stetson 1769.1 Huetter 22.0 Avery* 1772.8 Atlas 29.9 Ethelton 1778.2 Gibbs 31.0 Hoyts Spur 1780.0 Coeur d’Alene* 32.5 Pocono 1786.6 LATAH Sherwin 44.0 Calder 1795.2 Purdue 49.7 St. Joe 1795.2 Bovill 51.7 Emerald Creek 30.7 Jims Spur 32.0 BENEWAH Omega 1812.7 Cedar Creek Spur 34.0 St. Maries* 1818.0 Clarkia 36.6 Ramsdell 1823.3 Pedee 1829.3 Plummer* 1836.9 * Denotes Agency Station Lotus 8.8 Alder Creek 10.4 Rover 12.9 Mashburn 18.9 Wayland 20.6 Renfrew Creek 23.2 Tyson Creek 24.8 Fernwood 26.5 Ryan Spur 29.0 Emerald Creek 30.7 Mowry 1844.4

40 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY APPENDIX B: A SUMMARY DESCRIPTION OF LAND USE PATTERNS

Included in the Chicago, Milwaukee, St. Paul and Pacific Railroad (Milwau- The river valleys followed by this lie transect heavily forested rugged terrain kee Road) Pacific Coast Extension abandonment application, authorized by of the Rocky Mountains. Though bordered by mountains, the valleys are the ICC January 30, 1980. (Docket number AB-7 sub 86F). 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) ST. MARIES, IDAHO TO OTHELLO, WASHINGTON (PRIMARY ROUTE) Land surrounding the line between Alberton, Montana and St. Maries, Idaho is sparsely populated, with a limited amount of commercial and in- The St. Maries to Bovill line crosses a variety of land types including dense dustrial uses. The entire line lies in creek or river valleys which are bordered forest, agricultural and rock rangeland. The first twenty miles of the line lies on both sides by forested mountains. These valleys are formed by the fol- in predominantly mountainous forests, scattered with open agricultural lowing waters which closely parallel the line: Clark Fork River, milepost 1672 areas. Dense forests become increasingly sparse as the line proceeds west- to 1716; St. Regis River, milepost 1717 to 1744; Rainy Creek and Loop ward until agriculture dominates the area. West of milepost 1896, land Creek, milepost 1744 to 1763; and St. Joe River, milepost 1763 through St. become less fertile and undergoes another transition to uncultivated, open Maries. Most of the surrounding forest land is undeveloped preservation rangeland. Dryland grain farming and grazing are the predominant types of areas. The line transects Lolo National Forest in Montana and St. Joe Na- agriculture. tional Forest in Idaho. The river valleys provide open areas for agriculture The entire area is sparsely populated. Residential developments as well as a between mileposts 1684 and 1730 and between milepost 1780 and 1787. limited amount of commercial and industrial uses are located almost exclu- In addition to the Milwaukee Road line, the creek and river valleys also pro- sively in small towns. Outside of these communities, residential uses adja- vide corridors for Interstate 90 (U.S. Route 10), local roads, portions of a cent to the line consist mostly of isolated farmsteads. Commerce and indus- Burlington Northern line and occasional transmission lines and pipelines. try are limited to occasional rural stores or grain elevators. The 19 communities along this line are low-density commercial and residen- The first twenty miles of the line transects the Coeur d’Alene Indian Reserva- tial developments. tion, this includes Heyburn State Park and a six mile stretch which passes over or adjacent to Benewah and Chotcolet Lakes. Another public property ST. MARIES, IDAHO TO BOVILL, IDAHO (SPUR ROUTE) in the area is the Columbia National Wildlife Refuge, located west of mile- The St. Maries to Bovill, Idaho line closely parallels three waterways: The St. post 1980. The only other large body of water near the line is Rock Lake Maries River from milepost 0.0 to 36, the West Fork of the St. Maries River located immediately north of the line between milepost 1892 and 1900. 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.

RAILS-TO-TRAILS CONSERVANCY • MILWAUKEE ROAD REPORT • 41 PLUMMER, IDAHO TO SPOKANE, WASHINGTON (SPUR)

The twenty mile line between Plummer Junction, Idaho and Spokane, Wash- ington 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.

42 • MILWAUKEE ROAD REPORT • 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 • 43 ABOUT THE RAILS-TO-TRAILS CONSERVANCY

Founded in 1986, Rails-to-Trails Conservancy (RTC) five national and three international Trails and Greenways Conferences to was created to breathe new life into abandoned rail date, the most recent in July 2005 in Minneapolis, MN, attended by more lines by converting them to multi-use trails for public than 400 trail activists; a full-color quarterly magazine, Rails to Trails, and a use nationwide. Prior to that time, there were only highly-visited family of linked Web sites (accessible at www.railtrails.org) 200 open railtrails in the country and more than half addressing a broad range of information from trail- finder databases for the of the nation ’s 300,000-mile railroad network laid everyday user to technical counsel on trail purchase and construction; rec- unused or abandoned. Since its founding, RTC has ognition from a diverse mix of interests, including health, environment, helped convert more than 12,000 miles of abandoned government and recreation, such as: railroad corridors into America’s newest parklands, • Lead private sector partner in the White House Millennium Trails Pro- enjoyed by more than 100 million users a year: places gram that identified and celebrated 16 National Millennium Trails, 51 like the Cape Cod Rail-Trail, Millennium Legacy Trails and more than 1,000 Millennium Community Nebraska’s Cowboy Trail, the San Diego Bay Shore Bikeway, the Illinois Trails; Prairie Path, the Capital Crescent Trail in Washington, D.C., and hundreds of • The Presidential Award for Sustainable Development by The President’s others. Now 19 years old, Rails-to-Trails Conservancy has become the larg- Council of Sustainable Development; est and most widely respected trails organization in America. In addition, Rail-to-Trails Conservancy is the only national group devoted to preserving • The Biennial Trails Service Award from American Trails; railroad corridors by converting them to multi-use trails. • Sponsorship from The Robert Wood Johnson Foundation to bring public RTC is a 501(c)(3) nonprofit organization with: 43 employees distributed health officials to our 2001 and 2003 conferences to create an ex- among four regional offices in California, Florida, Ohio, Pennsylvania, and change and address a common agenda between the trail and health headquarters in Washington, D.C.; more than 100,000 members and sup- communities, and; porters nationwide; a 13-member board of directors that meets three times • The American Greenways Dupont Award from the Conservation Fund, a year; an operating budget of $6 million dedicated to trail building, corri- Dupont Corporation and the National Geographic Society. dor preservation, open space protection, public education and advocacy;

44 • MILWAUKEE ROAD REPORT • RAILS-TO-TRAILS CONSERVANCY Rails-to-Trails Conservancy 1100 Seventeenth Street, NW, 10th Floor Washington, D.C. 20036 202.331.9696 • www.railtrails.org