Public Comment. Volume III - Montana Legislature

United States Department of the Interior pc.=:*
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FISH AND WILDLIFE SERVICE
Mountain-Prairie Region
JUN 0 8 1998
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FWS/R6/FA
MT 275
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MAILING ADDRESS: STREET LOCATION: FL~d.
Post Office Box 25486 134 Union Blvd. c!=c,-,.~!-,; -.. .. GF:?:!:
Denver Federal Center. Lakewood, Colorado 80228- 1807
Denver. Colorado 80225-0486
Bobbi Keeler, FA Coordinator
Montana Fish, Wildlife and Parks
1420 East 6th Avenue
Helena, Montana 59620
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Dear Bobbi:
I received your letter of May 20, 1998, requesting our opinion on
requirements and obligations to Federal Aid relative to granting an
easement across the Miles City, Hatchery property to Tongue River
Rai 1 road company.
This situation was presented and briefly discussed during our March 1998
meeting with you on a variety of issues. We did check with our realty
folks concerning restrictions on the deed to the property. Apparently,
after the property was turned over to Fish, Wildlife and Parks, they no
longer kept a file or any records on the Miles City parcel. The county
records would need to be reviewed to determine if there are any
restrictions.
Your questions and our opinions are as follows:
What issues do we need to understand when granting an easement?
What do we need to do to protect the obligations of the Federal :
Aid program?
Federal Aid funds were not used to acquire any parcel of land at
the Miles City hatchery. If this would have been the case, a
nl;+tr cf Fsderai Aid requirements would apply--compliance, etc.
However, Federal Aid funds were used for various capital
developments. Chapter 10 (Facilities Construction), Section 10.7
(A) states that facilities constructed or improved with Federal
Aid funds must continue to serve the purpose for which
constructed. Accordingly, the purpose of these developments
cannot be compromised or impacted by the easement without just
compensation to the DJ program or otherwise mitigated to ensure
the use and purpose is maintained. I suggest that you identify
all the developments funded with Federal Aid and determine which,
if any, could be affected by the easement. Routing the easement
to avoid Federal Aid facilities is preferable.
If we grant an easement across FWPt s hatchery property and there
is a mitigation packaqe associated with the assessment, what
requirements do we have with respect to Federal Aid?
-244- Volume Ill: Public Comment