BRIDGE PERMITTING AND SECTION 106 TIMELINE

DECEMBER 2022

The United States Coast Guard Issued their Record of Decision, granting the federal permit to begin construction of the new rail bridge.

State permits have not yet been issued. Friends of the Rail Bridge continues to advocate at the state level for the preservation of the historic bridge.

OCTOBER 2022

The Memorandum of Agreement (MOA) was signed by consulting parties on 10/12/22, concluding the Section 106 process of the National Historic Preservation Act. The MOA did not address the contested ownership of the bridge.

The Final Environmental Impact Statement was issued 10/28/2022. Friends of the Rail Bridge is reviewing this document.

APRIL 2022

State Senator Tracy Potter formally requested the opinion of the State Attorney General, Drew Wrigley, regarding ownership of the bridge and the Missouri Riverbed. The Attorney General declined to issue an opinion, stating “the question presented requires a factual determination.' Such matters are best reserved for another forum where the factual assessments can be weighed and rendered.“

FEBRUARY 2022

Friends of the Rail Bridge questions BNSF ownership of the historic bridge, which stands on state own lands, the Missouri Riverbed, which was held in trust by the US Government until transferred at the time North Dakota attained statehood under the Equal Footing Doctrine.

JUNE 2021

The U.S. Coast Guard released a Draft Environmental Impact Statement (DEIS) for public review. It evaluates the environmental impacts of replacement of the historic rail bridge with a new rail bridge. 

BNSF’s proposed action would construct a new bridge immediately upstream of the historic bridge with room for two train tracks and put three additional piers in the Missouri River. BNSF would demolish the old bridge after the new bridge is in service.

MAY 2021

The US Coast Guard announced, “There is no alternative to retain the [historic] bridge in the DEIS (Draft Environmental Impact Statement).” 

However, the subsequently released DEIS lists several alternatives preserving the historic bridge beside a new bridge.

JANUARY 2021

On January 15, 2021, FORB signed a Programmatic Agreement with BNSF, the Coast Guard and other state and federal agencies that includes steps to develop a preservation alternative/concept design for consideration in the EIS. 

After the agreement was signed, FORB spoke publicly about the most immediate actions and the focus of our preservation efforts, seeking to form a Public-Private Partnership to take ownership of the historic bridge.

AUGUST 2020

FORB was awarded a $5,000 grant from the National Trust for Historic Preservation to retain the services of Ackerman-Estvold for preparation of a formal presentation of their findings for the benefit of the consulting parties, and for assisting FORB in further navigating the NEPA process by providing expertise in commenting on the draft EIS when it is released for public comment.

JULY 2020

FORB received the second draft Programmatic Agreement from the USCG, in which FORB was identified as an invited signatory. FORB responded with constructive comments before the July 30 deadline.

MAY 2020

FORB retained the services of Ackerman-Estvold, a Minot-based engineering firm, to conduct an independent hydraulic modeling of BNSF’s Missouri River Bridge Alternatives. Ackerman-Estvold requested use of BNSF’s modeling data to complete the new study. Eventually, FEMA, with permission from BSNF provided the needed information. The second part of the proposal was for Ackerman-Estvold to outline possible flood-rise mitigation strategies in the event that a finding of no-net-rise cannot be reached.

FORB applied for a grant through the National Trust for Historic Preservation to cover the cost of supplemental work related to the hydraulic study of the historic bridge.

APRIL 2020

Upon recommendation of the Historic Bridge Foundation, FORB met with a hydrological engineer who ultimately declined to participate in the study because BNSF was a client of theirs and it posed a conflict of interest.

FEBRUARY 2020

FORB submitted comments on the proposed EIS, along with scores of comments from community members and individuals across the country.

USCG again requested that FORB seek an independent hydrological study.

JANUARY 2020

FORB received the first draft of a Programmatic Agreement from the USCG and provided constructive comments before the January 31 deadline.

On January 8, the USCG announced preparation of an Environmental Impact Statement for the BNSF Railway Bridge Across the Missouri River [Docket Number USFG-2019-0882]. The EIS is still being drafted and will address impacts associated with proposed construction, including environmental impacts; impacts to land, water, air, structures, living organisms, environmental values, and the social, cultural, and economic aspects of the project.

DECEMBER 2019

The USCG released a draft Programmatic Agreement for review and comment by all consulting parties. This developing document will ultimately spell out the terms of a formal, legally-binding agreement between the USCG, and other state and federal agencies and invited signatories, establishing timeframes, roles, and actions that will be taken by the parties involved in order to reach resolution and satisfy the USCG’s compliance requirements under the NHPA.

OCTOBER 2019

FORB representatives again attended the National Preservation Conference.

AUGUST 2019

FORB retained a cultural resource specialist as a consultant to assist in navigating NHPA and NEPA processes.

July 2019

NDSU School of Landscape Architecture, under contract to FORB, completed the Bismarck Missouri River Historic Bridge Repurposing Feasibility Study. This study found that, in terms of economic feasibility,

...re-purposing the BNSF Missouri River Railroad Bridge for bicycle and pedestrian systems within an active, year-round outdoor recreation corridor, the largest impacts are agreements with BNSF, cost and environmental impacts of accommodating both a new rail line and keeping in place the historic bridge piers. Considering that the demolition cost of the rail bridge is comparable to that of accessibility and initial upgrade costs, re-purposing the bridge for bicycle and pedestrian use is feasible from a cost perspective. Furthermore, a market study update completed by Kadrmas Lee & Jackson of Bismarck, ND, RDG Planning and Design of Omaha, NE, and Agency MABU of Bismarck, ND show a need for a physical trail connection at the study location, and a market gap in excess of $55 million dollars for the area directly west of the Missouri River Rail Bridge.

The study also found re-purposing the bridge would be culturally supported and feasible and made recommendations regarding environmental feasibility that FORB continues to explore further.

- On July 22, 2019, FORB agreed to issue a Request for Proposals for a Hydraulic Floodway Review and Analysis as requested by the USCG. This RFP was sent out to five different engineering firms on August 1, 2019. Only two responses were received, both were negative. No proposal was submitted due to concerns of interested engineers regarding the timeline for delivery established by USCG.

JUNE 2019

Following the National Trust’s designation of the bridge as one of the nation’s 11 Most Endangered Historic Places, FORB received attention from a well-renowned Charitable Trust, requesting information regarding our organization and the status of the 106 consultation process.

May 2019

The National Trust for Historic Preservation designated the rail bridge as one of America’s 11 Most Endangered Historic Places. This list recognizes important examples of our nation’s heritage that are at risk of destruction. In its 32-year history, fewer than 5 percent of sites on this list have been lost.

October 2018

FORB received a $2,500 grant from Preservation North Dakota to assist in enlisting a community partner, the Northern Plains Heritage Foundation, and engage the Architecture and Landscape Architecture Department at North Dakota State University to conduct a feasibility study. FORB recruited government and private entities to be members of the study’s steering committee.

- FORB contacted North Dakota non-profit organization Friends of the Fairview Bridge to learn about how they successfully converted a rail bridge to a recreational use trail in western ND. Ray Trumpower, a representative of the group, presented to all consulting parties on October 10, 2018.

-FORB representatives attended PastForward, the National Preservation Conference to form relationships with other non-profits and learn more about historic preservation initiatives throughout the country.

August 2018

FORB received a $10,000 Community Innovation grant from the North Dakota Consensus Council, in partnership with the Bush Foundation. This grant allowed FORB to hire JM Solutions as a consultant to tabulate the various concerns within the community and from a number of different stakeholders as a preliminary step to conducting a feasibility study. One conclusion that emerged through a series of community innovation meetings was the need for a feasibility study to answer questions about conversion costs and other challenges in repurposing the bridge as a recreational facility.

Spring 2018

The Advisory Council on Historic Preservation became directly involved in the review process. The role of this federal agency is to promote preservation, enhancement, and sustainable use of significant cultural resources and advise the President and Congress on national historic preservation policy.

April 2018

FORB held a public meeting to launch our organization. Over seventy concerned citizens of Bismarck and Mandan were in attendance and voted and approved our resolution to preserve and repurpose the 1883 railroad bridge as a part of a recreational trail system. Since that date, FORB has registered as a non-profit organization with the Secretary of State and formed an 11-member board of directors.

- The North Dakota State Historic Preservation Office (SHPO) provided comments on the USCG’s draft Environmental Assessment (DEA). In a letter dated April 18, 2018, the SHPO requested that the federal agency consider elevating the study under the National Environmental Policy Act to an Environmental Impact Statement (EIS) as, “the loss of the existing historic and eligible bridge is a significant impact” and “an EIS would allow a greater scope to address social and economic [impacts] that the DEA does not.”

December 2017

Engineering consultants for BNSF presented 3 project alternatives at a public informational meeting, initiating Section 106 consultation. The consultants’ analysis outcome recommended “Alternative 3” which required total demolition and removal of the existing bridge, which constitutes an adverse effect to a historic property eligible for inclusion in the NRHP.

AUGUST 2017

Cultural Resource consultants for Houston Engineering, Inc., on behalf of BNSF, submitted a Class III Cultural Resource Inventory of 58-acres surrounding the proposed project area for SHPO review. In it, they identified the bridge (Site 32BL801/32MO1459) as an NRHP-eligible property and recommended a finding of Adverse Effect. SHPO concurred with this finding.