Friends of the Rail Bridge Hosts Press Conference on Legal Action to Save the Historic Bismarck-Mandan Rail Bridge
Friends of the Rail Bridge (FORB) held a press conference on December 8, 2022, at the North Dakota Heritage Center to discuss FORB’s request for an administrative hearing which would provide an opportunity for public comment on a number of significant issues. FORB has been advocating for a preservation alternative to the proposed demolition of the 1883 Bismarck-Mandan Rail Bridge. View the full press conference here.
North Dakota law recognizes that it is in the “public interest to provide for the preservation of historic sites, buildings, structures, and antiquities of state and national significance for the inspiration, use, and benefit of the people of the state of North Dakota.” Lyle Witham, current in-house counsel for FORB outlined the following issues in the permitting process to allow BNSF to build a new, two-track bridge across the Missouri River: ownership of the riverbed beneath the historic 1883 Northern Pacific rail bridge between Bismarck and Mandan.
The issues that need to be addressed are the following:
Ownership of the historic bridge itself as transferred as a fixture attached to the riverbed when North Dakota was admitted as the 39th state to the Union on November 2, 1889;
Whether a Sovereign Lands permit should be issued by the North Dakota State Engineer and the North Dakota Water Resources Board to tear down the existing historic rail bridge and build a new rail bridge (it is not necessary to tear down the existing bridge to build a new bridge – this is the preservation alternative that FORB supports);
Whether the State Historical Board should approve destruction of the historic 1883 Bridge under North Dakota Century Code section 55-02-07 as a necessary requirement before receiving a Sovereign Lands permit to destroy the historic 1883 Bridge;
Whether the North Dakota Department of Environmental Quality should issue a Section 401 Water Quality Certification to tear down the historic bridge and build a new one, and whether to conduct an investigatory hearing to consider the “best usage” issues “site-specific” water quality standards that may be necessary to protect the recreational and other uses of the Missouri River at the historic 1883 bridge crossing to protect the long-established recreational uses of the Missouri River at that location and prevent the ice jams, flooding, and silting issues that will be created by the spacing of the three new piers of the proposed bridge and the two existing piers in the gaps between the new piers that will be removed only to two feet below the riverbed.
Amy Sakariassen, North Dakota Advisor for the National Trust for Historic Preservation, explained the significance of the bridge’s listing on the National Trust’s 2019 list of America’s 11 Most Endangered Historic Places. “Today, the historic 1883 Rail Bridge still stands, spanning the Missouri River, an icon of profound historic and symbolic significance in the American landscape. It has been recognized as eligible for listing on the National Register of Historic Places by the North Dakota State Historic Preservation Officer. But it is still under threat.”
The vision of the repurposed bridge was highlighted by Mark Zimmerman, president of FORB. “Preserving and repurposing the Rail Bridge is an opportunity to utilize and elevate an existing asset to benefit our community. This transformation will go beyond recreation and tourism, including fostering civic pride, increasing historical awareness, and stimulating economic development along the river. Some of our greatest attractions in the area are the historic sites within the view of this great bridge.”
November 21 letter to ND Department of Environmental Quality
November 21 comments to USCG on Final EIS
April 4th Memorandum to USCG regarding Ownership of the Bridge