WHEREAS, the issues of railroad abandonments, acquisitions, consolidations, and sales are significant to the State of Idaho and particularly its more sparsely populated rural areas; and

WHEREAS, it is the policy of the State of Idaho to promote the development and viability of railroad transportation within the State; and

WHEREAS, the State of Idaho has a significant interest in maintaining and promoting rail access to Idaho communities for vital goods, services, and markets; and

            WHEREAS, the Surface Transportation Board (STB), under: (1) the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §4332; (2) 49 U.S.C. §10502; (3) 49 U.S.C. §§ 10903-06; and (4) 49 C.F.R. §§ 1105, 1121, 1150, 1152, and 1180, requires railroads operating within the State of Idaho to serve notice of certain required actions upon a designated State agency; and

 WHEREAS, Idaho Code title 62, section 424 vests the Idaho Public Utilities Commission with the authority to make findings and represent the State of Idaho before the STB.

NOW, THEREFORE, I, JAMES E. RISCH, Governor of the State of Idaho, by the authority vested in me under the Constitution and laws of this State do hereby order as follows:

To designate the Idaho Public Utilities Commission to represent the State on matters pertaining to railroads before the Surface Transportation Board and to receive notices of environmental and energy matters from railroads operating within the State of Idaho, as provided under the applicable federal statutes and regulations.

I further direct all State agencies to notify the Public Utilities Commission of information received by them of potential railroad abandonments and to cooperate with the Public Utilities Commission on all matters pertaining to railroads. The Public Utilities Commission is designated as the lead agency for railroad matters and shall approve all State agency submissions to the STB prior to transmittal.

BEN YSURSA
SECRETARY OF STATE