|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN DOUGLAS AND SARPY COUNTIES, NEB.|
|Director Of Proceedings|
|DECISION GRANTED THE NEBRASKA TRAILS FOUNDATION'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD IN THIS PROCEEDING UNTIL APRIL 10, 2011.|
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|Full Text of Decision|
41176 SERVICE DATE – NOVEMBER 2, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 33 (Sub-No. 260X)
UNION PACIFIC RAILROAD COMPANY—ABANDONMENT EXEMPTION—
IN DOUGLAS AND
Decided: November 1, 2010
decision and notice of interim trail use or abandonment (NITU) served on
July 25, 2008 (July 2008 decision), the Board, under 49 U.S.C. § 10502,
exempted from the prior approval requirements of 49 U.S.C. § 10903 the
abandonment by Union Pacific Railroad Company (UP) of a 3.45-mile line of its
Millard Industrial Lead extending between milepost 22.85, in
The July 2008 decision authorized NTFI, on its own behalf and that of the District, to negotiate with UP for interim trail use/rail banking until February 20, 2009, for a portion of the line extending between milepost 19.4 in La Vista and milepost 22.1 in Omaha, under the National Trails System Act, 16 U.S.C. § 1247(d) (Trails Act). By a series of decisions, the most recent served on April 27, 2010, the trail use negotiation period under the NITU was extended until October 12, 2010.
letter dated October 11, 2010, NTFI, on its own behalf and that of the
District, submitted a request for an additional 180-day extension of the negotiating
period. By letter dated October 12,
2010, UP advised that it supports the request and is willing to continue to
negotiate for interim trail use/rail banking with NTFI for the portion of the
line extending between milepost 19.4 in La Vista and milepost 22.1 in
Where, as here, the carrier has not consummated the
abandonment at the end of the previously imposed negotiating period for a
portion of the line and is willing to continue trail use negotiations for that
portion of the line, the Board retains jurisdiction, and the NITU negotiating
period may be extended. Under the circumstances, further extension of
the negotiating period is warranted. See
Birt v. STB, 90 F.3d 580, 588-90 (D.C.
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The request to extend the NITU negotiation period is granted.
2. The negotiating period under the NITU is
extended for that portion of the line extending between milepost 19.4 in La
Vista and milepost 22.1 in
3. This decision is effective on its service date.
By the Board, Rachel D. Campbell, Director, Office of Proceedings.
 As noted, in addition to interim trail use, the July 2008 decision imposed a public use condition that expired on February 20, 2009, and that may not be extended, and 3 environmental conditions that remain in effect.
 See Rail Abans.─Use of Rights-of-Way as Trails─Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).