Reznet

Railroad May Get Route Opposed by Tribe

By Matthew Brown of the Associated Press

BILLINGS, Mont. (AP) — State fisheries officials say they've tentatively agreed to give the proposed Tongue River Railroad a 25-acre easement through a major fish hatchery near the Yellowstone River.

The Northern Cheyenne Tribe, ranchers and conservation and environmental groups have fought the rail line for decades. They claim it would cause excessive environmental damage, undermine existing railroad jobs and harm livestock producers.

State Hatcheries Bureau Chief Bob Snyder says he'd rather not have the railroad cut through the Miles City Hatchery. But Snyder says the state has little choice because federal law gives railroads broad powers of condemnation.

The proposed agreement includes a $25 million insurance policy maintained by the Tongue River Railroad Company to cover any damage to the hatchery. That would be enough money to replace the hatchery.

"Nobody wants a railroad in their backyard," Snyder said. "If we say no, we're not going to enter this agreement, the Tongue River Railroad Company can enter into condemnation, where they are only required to give the state fair value for that property, which probably isn't going to be all that much."

Route leads to a rich and untapped coal reserve

Snyder said the state is worried about possible accidents. Also, it is feared that vibrations from coal trains that would use the line could disrupt breeding of pallid sturgeon and other fish.

The U.S. Surface Transportation Board approved the final section of the 130-mile railroad on Oct. 9. The $341 million project, proposed in 1983, is designed to tap into the region's vast but largely undeveloped coal reserves.

The line also would create a more efficient route for coal coming out of Wyoming.

Railroad developer Mike Gustafson has been prodding Montana officials to develop vast tracts of state-owned coal along the railroad to make his enterprise economically feasible. Gustafson could not be immediately reached for comment.

Appraisal, court action still coming

A preliminary appraisal on the Otter Creek tracts is expected by the end of the year, said Monte Mason with the Department of Natural Resources and Conservation.

Meanwhile, a lawsuit seeking to block the railroad is pending before the 9th Circuit Court of Appeals in San Francisco.

The hatchery agreement is scheduled to go before the Montana Fish Wildlife and Parks Commission during its Dec. 11 meeting.

Matthew Brown is an Associated Press staff writer.