Public Comment. Volume III - Montana Legislature

Hi Krista,
This letter is in regard to your memo discussing "clear and convincing evidence".
The Tongue River Railroad (TRR) is a shortcut for Wyoming coal to the midwest
markets. There is rail service available for all of the shippers. The Montco Mine lost its
permit and therefore there is no need for service to that mine. The original TRR went
fiom Miles City to the Montco Mine and the Montco Mine was never developed. Then
the route was extended to Decker that provided a shortcut for Decker and the Wyoming
mines. It appears to me that the permit granted by the Surface Transportation Board was
the only proof that this was a public need. This permit was granted because that is what
the Surface Transportation Board is supposed to do- grant permits. Somewhat like going
to license your vehicle. They made no determination as to public need. I feel that the
State Land Board should determine whether there is "clear and convincing evidence" that
there is a public need.
If there was no longer a TRR across my property it would lift the cloud on my title for
any potential investors. I wouldn't have to stop and consider that if I build this
improvement will the TRR go through the middle of it? I wouldn't have to worry about
grade crossings, cattle crossings, water for the cattle, liability at crossings, railroad use of
my personal bridge, weeds spreading, fires caused by trains, track in the middle of my
calving pasture, railroad grade on the floodplain etc. In other words I could actually
ranch for a living.
Thanks for the opportunity to'cornment.
Mark Fix
-1 28- Volume Ill: Public Comment