MEMORANDUM OF AGREEMENT

AMONG

THE FEDERAL RAILROAD ADMINISTRATION

THE MONTANA STATE HISTORIC PRESERVATION OFFICER

THE CITY OF KALISPELL, MONTANA

THE SURFACE TRANSPORTATION BOARD 

AND

THE NORTHWEST MONTANA HISTORICAL SOCIETY

REGARDING

THE GLACIER RAIL PARK/KALISPELL CORE AREA DEVELOPMENT AND 

TRAIL PROJECT

KALISPELL, FLATHEAD COUNTY, MONTANA 

WHEREAS, the City of Kalispell, Montana, (City) proposes to construct the 

Glacier Rail Park/Kalispell Core Area Development and Trail Project (Project or 

Undertaking) located in the City of Kalispell, Flathead County, Montana; and 

WHEREAS, the Project consists of the following two phases: construction and 

operation of the new Glacier Rail Park (Rail Park), which will include 10,000 linear feet of 

new rail to serve industrial users in the rail park and provide a new rail turnaround adjacent 

to the rail park allowing for the removal of the original track in Kalispell; improvements to 

access roads on the north and east sides of the new Rail Park; traffic signal and roadway

improvements for truck access to Montana Highway 2; and installation of utilities to each 

lot in the Rail Park to provide access to City water and sewer, power, gas and fiber optics 

(herein after referred to as Phase I); and a rail-to-trail component known as the Kalispell 

Trail, which will include the removal of nearly two miles of existing rail line from 

milepost 1225.19 to the west side of Meridian Street at milepost 1226.79, conversion of 

the existing rail bridge to accommodate bicycle and pedestrian use, construction of a 

public use recreational trail in the abandoned railroad right-of-way (ROW), and the 

construction of two complete street connections in the Kalispell Core Area (herein after 

referred to as Phase II); and

WHEREAS, Phase I of the Project must be constructed and operational, with rail 

traffic moved off the existing rail line, the existing rail line abandoned by BNSF Railway 

Company (the owner of the rail line) through a process involving the Surface 

Transportation Board (STB), and the ROW acquired by the City, before the City can 

construct Phase II of the Project; and 

WHEREAS, the U.S. Department of Transportation (USDOT) has selected the 

City to receive Fiscal Year 2015 grant funding for construction of the Project (both Phase 

I and Phase II) under its Transportation Investment Generating Economic Recovery 

(TIGER) Program, and the Federal Railroad Administration (FRA), an operating 

administration of USDOT, is administering the TIGER grant; and

WHEREAS the Project is an “Undertaking” under Section 106 of the National 

Historic Preservation Act, as amended (54 U.S.C. § 306108) (“Section 106”) and FRA is 
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the lead federal agency responsible for compliance with Section 106 and its implementing 

regulations promulgated by the Advisory Council on Historic Preservation (ACHP) (36 

CFR Part 800) for the Project; and

WHEREAS, FRA, in a letter dated March 15, 2016, initiated Section 106 

consultation with the Montana State Historic Officer (MT SHPO) as required by the Section 

106 regulations and FRA has continued to consult with MT SHPO through the subsequent 

steps of the Section 106 process; and

WHEREAS, FRA proposed an area of potential effects (APE), as defined in 36 CFR 

§ 800.16(d), to account for direct and indirect effects of both Phase I and Phase II of the 

Project, and MT SHPO concurred with the APE in an email dated May 23, 2016; and

WHEREAS, in letters dated May 16, 2016, FRA notified the following federallyrecognized Native American tribes about the Project and invited them to consult: the

Confederated Salish and Kootenai Tribes of the Flathead Nation, Fort Belknap Indian 

Community of the Fort Belknap Reservation of Montana, Crow Tribe of Montana, Apache 

Tribe of Oklahoma, and Blackfeet Nation; of those contacted, the Confederated Salish and 

Kootenai Tribes of the Flathead Nation responded in a letter dated June 28, 2016 indicating 

that it was not aware of any sites of interest in the APE and expressed approval of the Project; 

and none of the other tribes responded; and

WHEREAS, FRA, in emails sent on April 26, 2016, February 23, 2017, and 

March 10, 2017, invited the Northwest Montana Historical Society (Historical Society), 

the Kalispell Business Improvement District (KBID), the Flathead County Economic 

Development Authority (FCEDA), and the Great Northern Railway Historical Society 

(GNRHS) to participate in Section 106 consultation, and the Historical Society, KBID, and 

FCEDA accepted the invitation to consult and GNRHS declined the invitation to consult; 

and 

WHEREAS, FRA has invited the City to sign this Memorandum of Agreement 

(MOA) as an Invited Signatory because the City would be the recipient of the TIGER 

funding and, as such, would have responsibility for implementing mitigation 

commitments specified herein, and the City has accepted; and

WHEREAS, FRA has invited the Historical Society to sign this MOA as an 

Invited Signatory because it may have responsibility for assisting the City in 

implementing certain mitigation commitments specified herein, and the Historical 

Society has accepted; and 

WHEREAS, FRA has invited KBID and FCEDA to participate in this MOA as 

Concurring Parties, and KBID has accepted to be a Concurring Party and FCEDA will 

remain a Consulting Party; and 

WHEREAS, in a letter dated April 5, 2017 and as allowable under the Section 106 

regulations at 36 800.2(a)(2), STB designated FRA as the lead federal agency to fulfil 
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STB’s and FRA’s collective Section 106 responsibilities with regard to the portion of the 

BNSF-owned rail line that is the subject of the rail-to-trail phase of the Project; and

WHEREAS, STB remains responsible for Section 106 compliance for its 

abandonment action regarding the portion of the BNSF-owned rail line that is not part of 

the TIGER project; and

WHEREAS, has invited STB to sign this MOA as an Invited Signatory and STB 

has accepted; and

WHEREAS, the City’s consultants conducted cultural resources investigations for 

both phases of the Project, which resulted in two reports (Class III Cultural Resource 

Investigations of the Glacier Rail Park in Kalispell, Montana, Phase I, Parcels A&B,

Historical Discoveries, March 2016; Section 106 Cultural Resources Inventory, Glacier 

Rail Park/Kalispell Core Area Development and Trail Project City of Kalispell, Flathead 

County, Montana, Rabbitbrush Archaeological Services, LLC, December 2016); and

WHEREAS, FRA has identified historic archaeological and architectural 

properties in the APE which include the following architectural properties listed on or 

eligible for listing on the National Register of Historic Places (NRHP): the Woodland 

Park - Eastside Historic District, the Great Northern Railroad, the Kalispell Flour Mill, 

the Great Northern Railway Depot, and the Flathead Wholesale Grocery, and FRA 

presented its findings in a letter to MT SHPO dated February 22, 2017 and MT SHPO 

concurred with FRA’s findings in a letter dated March 14, 2017; and 

WHEREAS, FRA, as documented its letter of February 22, 2017, has determined 

that Phase I of the Project will have No Effect on historic properties and Phase II of the 

Project will have No Adverse Effect on Woodland Park - Eastside Historic District, and 

MT SHPO concurred with these determinations in its letter of March 14, 2017; and

WHEREAS, FRA, as documented in its letter of February 22, 2017, has 

determined that Phase II of the Project will have an adverse effect on the Great Northern 

Railroad and on the Kalispell Flour Mill, the Great Northern Railway Depot, and the 

Flathead Wholesale Grocery, which are three architectural properties adjacent to the 

railroad ROW and were historically associated with the Great Northern Railroad, and 

MT SHPO concurred with FRA’s adverse effect determination in its letter of March 14, 

2017; and

WHEREAS, based on the information contained in the aforementioned reports 

and because all ground-disturbing activities necessary to construct the Project will occur 

in areas disturbed by previous construction, FRA has determined that no further

archaeological investigations are necessary for the Project; and

WHEREAS, in accordance with 36 CFR § 800.6(a)(1), FRA notified the ACHP

on April 12, 2017 of its adverse effect determination with specified documentation

utilizing ACHP’s e106 notification system, and ACHP responded to FRA in a letter 

dated April 19, 2017, that it has chosen not to participate in the consultation pursuant to
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36 CFR § 800.6(a)(1)(iii); and

NOW, THEREFORE, FRA, MT SHPO, the City, STB, and the Historical 

Society (each, a Signatory and together the Signatories) agree that the Undertaking will 

be implemented in accordance with the following stipulations in order to take into 

account the effect of the Undertaking on historic properties.

STIPULATIONS

FRA and the City will ensure that the following measures are carried out:

I. PERSONNEL QUALIFICATION STANDARDS

The City will ensure that all historic preservation and documentation work is carried 

out by or under the direct supervision of a person or persons meeting at a minimum the 

Secretary of the Interior's Professional Qualification Standards for Historians or 

Architectural Historians (48 FR 44738-9).

III. MITIGATION 

A. The following mitigation measures are required as part of FRA’s approval of 

the Project:

1. Interpretive Signage 

(a) The Historical Society will review its collection to determine if it has 

information relevant to the history of the Great Northern Railroad and 

the importance the railroad played in the development and history of the 

City of Kalispell and surrounding region. 

(b) If available, the Historical Society will provide the information identified 

in Stipulation III.A.1(a) to the City for the City’s use, at its discretion, in 

developing narrative and/or pictorial content for the interpretive signage 

(see Stipulation III.A.3).

(c) The City will develop narrative and pictorial content for and install 

interpretive signage at the following locations along the Kalispell Trail

(see Attachment A for a map of the proposed signage locations):

i. South of milepost 1225.19 and at the north end of the bridge 

crossing Highway 93. This sign will mark the trailhead and 

provide an introduction to the Kalispell Trail, including a history 

of when rail service first came to the Kalispell area in the late 

1880s and an explanation of when and why a new rail route 11 

years later resulted in moving service to a spur line.
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ii. Flathead Electric Coop Substation, located roughly at the 

northwestern edge of Woodland Park. This sign will highlight the 

contributions of the Conrad Family as a founding family of the 

Kalispell community. 

iii. Depot Park. This sign will highlight the history of the extant 

former Great Northern Railway Depot.

iv. Former location of the Flathead Lake Cherry Growers 

Association Warehouse, located at 20 North Main Street. This 

sign will highlight the important role of the railroad in shipping 

sweet cherries and the historic importance of this agricultural 

product in the regional economy, with the railroad, beginning in 

1910, advertising the area for settlement based on its potential for 

growing fruit in the temperate climate and Flathead County 

becoming the fourth largest sweet cherry producing region in the 

country by the 1940s. 

v. Grain Elevators located at 505 West Center Street. This sign 

will highlight the history of the extant structures and the historic 

importance of agriculture in the regional economy.

vi. Roughly at Meridian Street north of West Center Street and 

south of Appleway. This sign will highlight the history of the 

timber industry as well as the mill and log pond formerly located 

in this area. 

(d) The City will provide drafts of the narrative and pictorial content of 

each sign to the Signatories and Concurring Party for review and 

comment in accordance with Stipulation IV.

2. Retention in Place of a Segment of Railroad Track

(a) The City will retain approximately 60 feet of railroad track in place at 

Depot Park, to highlight the historic association between the former 

railroad the Great Northern Railway Depot. 

(b) Planting of Cherry Trees

(a) The City will plant cherry trees interspersed along the Kalispell Trail,

with emphasis in the former location of the Flathead Lake Cherry 

Growers Association Warehouse at 20 North Main Street.
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B. Additional optional mitigation measures. Subject to the availability of future 

funding and public support, the City may implement one or more of the following 

mitigation measures:

1. Acquisition of a decommissioned a rail car to be placed on the segment of track

that is retained in place adjacent to Depot Park (see Stipulation III.A.2); and/or,

2. Commissioning for the design and installation of public artwork, to be placed 

along the Kalispell Trail, that is reflective of the City’s railroading history; 

and/or

3. Commissioning for the design and installation of a water feature(s), such as a 

fountain or splash park, to be located along the Kalispell Trail.

If Stipulations III.B. 2 and/or III.B.3 are pursued, the City will provide drafts of the 

design of the public artwork and/or water feature(s) to the Signatories and Concurring Party 

for review and comment in accordance with Stipulation IV.

IV. PREPARATION AND REVIEW OF DOCUMENTS

The Signatories and Concurring Party agree to provide comments on all documents and 

materials arising from this MOA to the City within thirty (30) calendar days of 

receiving the submission. If the City does not receive such comments within the thirty 

(30) calendar-day review period, the City may assume that the non-responding party

has no comments or objections. Where necessary, the City will consult with any 

responding party to ensure it appropriately considers all comments received within the 

thirty (30) calendar-day review period before implementing the mitigation measure.

V. EFFECTIVE DATE

This MOA will be effective as of the date of its execution by all Signatories.

VI. DURATION

This MOA will expire if its terms are not carried out within ten (10) years from the date

of its execution. Prior to such time, FRA and the City may consult with the other

Signatories to reconsider the terms of the MOA and amend it in accordance with 

Stipulation X below.

VII. CHANGES TO PROJECT DESIGN

If the City proposes changes to the Project that may result in additional or new effects 

on historic properties, the City will notify FRA and MT SHPO of such changes. 

Before the City takes any action that may result in additional or new effects on historic 

properties, FRA, MT SHPO, the City, and other consulting parties as appropriate, will 

consult to determine the appropriate course of action. This may include, as appropriate, 

revision to the APE, assessment of effects to historic properties, and treatment 
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measures to resolve adverse effects.

VIII. POST-REVIEW DISCOVERIES

If properties are discovered during Project construction that may be historically

significant or unanticipated effects on historic properties are identified, FRA and 

the City will comply with 36 CFR § 800.13 by consulting with MT SHPO and, if 

applicable, federally recognized tribal organizations that may attach religious 

and/or cultural significance to the affected property; and by developing and 

implementing avoidance, minimization, or mitigation measures with the 

concurrence of MT SHPO and, if applicable, federally recognized tribal 

organizations.

VIII. MONITORING AND REPORTING

Each year following the execution of this MOA until it expires or is terminated, the 

City will provide the other Signatories and Concurring Party a summary report

detailing work undertaken pursuant to the MOA’s terms. This report will include any

scheduling changes proposed, any problems encountered, and any disputes or 

objections received in the City’s efforts to carry out the terms of this MOA.

IX. ADOPTABILITY

In the event that another federal agency not initially a party to this MOA receives an 

application for funding, license, permit or other approval for the Project as described in 

this MOA, that agency may fulfill its Section 106 responsibilities by notifying the 

Signatories that it concurs with the terms of this MOA and that it intends to rely on this 

MOA.

X. DISPUTE RESOLUTION

Should any Signatory or Concurring Party to this MOA object at any time to the 

manner in which the terms of this MOA are implemented, it will notify FRA in writing

and FRA will then consult with that party to resolve the objection. If FRA determines

that such objection cannot be resolved within thirty (30) calendar days, FRA will:
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A. Forward all documentation relevant to the dispute, including FRA’s proposed 

resolution, to the ACHP with a copy to the other Signatories and Concurring 

Party to this MOA, and request that the ACHP provide FRA with its advice on 

the resolution of the objection within thirty (30) calendar days of receiving the 

documentation. 

B. If the ACHP does not provide its advice regarding the dispute within the thirty 

(30) calendar day time period, FRA may make a decision on the dispute and 

proceed accordingly. 

C. FRA will document its decision in a written response to the objection that 

takes into account any timely comments regarding the dispute from the 

Signatories and Concurring Party and will provide the ACHP, Signatories, and 

Concurring Party with a copy of such written response. 

D. FRA may then proceed according to its decision.

E. The Signatories remain responsible for carrying out all other actions subject to 

the terms of this MOA that are not the subject of the dispute.

XI. AMENDMENTS

This MOA may be amended when such an amendment is agreed to in writing by all

Signatories. The amendment will be effective on the date a copy signed by all of the

Signatories is filed with ACHP.

XII. TERMINATION

If any Signatory to this MOA determines that its terms will not or cannot be carried out,

that Signatory will immediately consult with the other Signatories to attempt to develop 

an amendment per Stipulation XI, above. If within thirty (30) calendar days (or another

time period agreed to by all Signatories) an amendment cannot be reached, any

Signatory may terminate the MOA upon written notification to the other Signatories.

Once the MOA is terminated, and prior to work continuing on the undertaking, FRA 

must either (a) execute an MOA pursuant to 36 CFR § 800.6, or (b) request, take into

account, and respond to the comments of the ACHP under 36 CFR § 800.7. FRA will

notify the Signatories of its course of action.

Execution of this MOA by FRA and MT SHPO and implementation of its terms 

evidence that FRA has taken into account the effects of this undertaking on historic

properties and afforded ACHP an opportunity to comment.


AND

THE NORTHWEST MONTANA HISTORICAL SOCIETY

REGARDING

THE GLACIER RAIL PARK/KALISPELL CORE AREA DEVELOPMENT AND

TRAIL PROJECT

KALISPELL, FLATHEAD COUNTY, MONTANA

FEDERAL RAILROAD ADMINISTRATION (Signatory)By: Date:_____________________

Marlys Osterhues

Division Chief, Environmental & Corridor Planning DivisionOffice of Railroad Policy and Development

MONTANA STATION HISTORIC PRESERVATION OFFICE (Signatory)

By: Date:_________________

Mark Baumler

State Historic Preservation Officer

CITY OF KALISPELL (Invited Signatory)

By: ‘) Date:___________

Kalispell City Manager

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SURFACE TRANSPORTATION BOARD (Invited Signatory)

By: Date

 Vicki Rutson

 Director, Office of Environmental Analysis

NORTHWEST MONTANA HISTORICAL SOCIETY (Invited Signatory)

By: Date: 

 Jacob Thomas

 Executive Director

KALISPELL BUSINESS IMPROVEMENT DISTRICT (Concurring Party)

By: Date

 Pamela J. Carbonari

 Coordinator

6/26/2016
NORTHWEST MONTANA HISTORICAL SOCIETY (Invited Signatory)By:

Jacob Thomas

Executive Director

Date:

KALISPELL BUSINESS IMPROVEMENT DISTRICT (Concurring Party)

Date 7

Coordinator

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