|SURFACE TRANSPORTATION BOARD DECISION DOCUMENT|
|UNION PACIFIC RAILROAD COMPANY-ABANDONMENT EXEMPTION-IN DOUGLAS AND SARPY COUNTIES, NEB.|
|Director Of Proceedings|
|DECISION GRANTED NEBRASKA TRAILS FOUNDATION, INC.'S REQUEST TO EXTEND THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATION PERIOD TO OCTOBER 12, 2010.|
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|Full Text of Decision|
40750 SERVICE DATE – APRIL 27, 2010
SURFACE TRANSPORTATION BOARD
Docket No. AB 33 (Sub-No. 260X)
UNION PACIFIC RAILROAD COMPANY—ABANDONMENT EXEMPTION—
IN DOUGLAS AND
Decided: April 26, 2010
By 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 decisions served on February 20, 2009, May 21, 2009, and October 30, 2009, the NITU negotiating period was extended until April 15, 2010.
12, 2010, NTFI, on its own behalf and that of the
District, submitted a request for an additional 180-day extension of the negotiating
period until October 12, 2010. By letter
dated April 14, 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, an extension of the
negotiating period is warranted. See Birt
v. STB, 90 F.3d 580, 588-90 (D.C. Cir. 1996);
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.
 In addition to interim trail use, the July 2008 decision also imposed a public use condition that expired on February 20, 2009, and that may not be extended, and three environmental conditions that remain in effect.
 See Rail Aban.—Use of Rights-of-Way as Trails—Supp. Trails Act Proc., 4 I.C.C.2d 152, 157-58 (1987).