HomeMy WebLinkAbout961270.tiff SERVICE DATE
'JUL 2 1996
19926
DO
SURFACE TRANSPORTATION BOARD'
DECISION AND NOTICE OF INTERIM TRIAL USE OR ABANDONMENT -
Docket No. AB-33 (Sub-No. 82X)
UNION PACIFIC RAILROAD COMPANY--ABANDONMENTEXEMPTION--IN MORGAN MORGAN AND WELD COUNTIES, CO
Decided: June 27, 1996
Union Pacific Railroad Company (UP) filed a notice of
exemption under 49 CFR 1152 Subpart F--Exempt Abandonments to
abandon a 41.22-mile portion of its Julesburg Subdivision between
milepost 98•.78 near Fort Morgan and milepost 140.0 near Monfort,
in Morgan and Weld Counties, CO. A notice of exemption was
served on August 19, 1993, and published in the Federal Register
on August 20, 1993 (58 FR 44380) . The exemption became effective
on September 19, 1993.
By decision and notice of interim trail use or abandonment
(NITU) served on October 21, 1993, a 180-day period was
established for the Colorado Division of Parks and Outdoor
Recreation (CPOR) to negotiate an interim trail use/rail banking
agreement with the UP for a portion of the line between mileposts
98 .78 and 122.0.2 The NITU negotiation period was extended five
times by decisions served on June 16 and October 21, 1994,
April 18 and October 5, 1995, and April 11, 1996 . The last
extension expired on June 12, 1996 .
By motion filed June 12, 1996, Rails to Trails Conservancy
(RTC) , a new negotiating party, with UP's consent, filed a
request to extend the NITU negotiation period until December 12,
1996, pursuant to section 8 (d) of the National Trails System Act,
16 U.S.C. 1247 (d) , so that it could negotiate with UP for the use
of the line as a trail. RTC states that in light of CPOR's
decision to terminate negotiations with UP, it will assume
responsibility for negotiating a trail use agreement with UP.3
RTC submitted a statement indicating its willingness to assume
full financial responsibility for management of, and liability
for payment of taxes for, the right-of-way, as required by 49 CFR
1 The ICC Termination Act of 1995, Pub. L. No. 104-08,
109 Stat. 803 (ICCTA) , which was enacted on December 29, 1995,
and took effect on January 1, 1996, abolished the Interstate
Commerce Commission (ICC) and transferred certain functions and
proceedings to the Surface Transportation Board (Board) .
Section 204 (b) (1) of the ICCTA provides, in general, that
proceedings pending before the ICC on the effective date of that
legislation shall be decided under the law in effect prior to
January 1, 1996, insofar as they involve functions retained by
the ICCTA. This decision relates to a proceeding that was
pending with the ICC prior to January 1, 1996, and to functions
that are subject to Board jurisdiction pursuant to 49 U.S.C.
10903 . Therefore, this decision applies the law in effect prior
to the ICCTA.
2 By decision served July 7, 1994, the scope of the NITU
was amended to cover that portion of the right-of-way extending
between mileposts 98.78 and 121.0.
3 By letter filed May 28, 1996, CPOR informed the Board
1.))6Q.\O1.5
� "(( \ that it has been unable to reach an agreement with UP on the
1))6Q :.5 terms of a trail use/rail banking agreement and that it will be
terminating its involvement in negotiations with UP for tra'
01/10 cle (4 cite use. 961270
Docket No. AB-33 (Sub-No. 82X)
1152.29, and acknowledged that use of the right-of-way is subject
to possible future reactivation for rail service. Because RTC
has met the requirements for issuance of a NITU and UP is willing
to enter into negotiations, a NITU will be issued, with the trail
use negotiating period running through December 12, 1996, as
requested. RTC states that it needs the time to successfully
preserve the corridor for trail use.
Trail use requests are accepted as long as the Board retains
jurisdiction over the involved railroad right-of-way' and the
carrier is willing to enter into negotiations. Inasmuch as UP
has not consummated the abandonment and is willing to negotiate
with RTC for the right-of-way between milepost 98.78 near
Fort Morgan and milepost 121.0 near Monfort, CO, a NITU will be
issued. The parties may negotiate an agreement until
December 12, 1996, as prescribed below. If the parties reach a
mutually acceptable final agreement, further Board approval will
not be necessary. If no agreement is reached within that time
period, UP may fully abandon the line, provided the conditions
imposed in the decision served October 21, 1993, are met. See
49 CFR 1152.29 (d) (1) . Use of the right-of-way for trail purposes
is subject to future restoration of rail service and the
user's continuing to meet the financial obligations for the
right-of-way.
This action will not significantly affect either the quality
of the human environment or the conservation of energy resources.
It is ordered:
1. This proceeding is reopened.
2 . Upon reconsideration, the notice of exemption published
in the Federal Register on August 19, 1993, and served August 20,
1993, authorizing the abandonment of the line described above, is
modified to the extent necessary to implement interim trail
use/rail banking as set forth below until December 12, 1996.
3 . If an interim trail use/rail banking agreement is
reached, it must require the trail user to assume, for the term
of the agreement, full responsibility for management of, for any
legal liability arising out of the transfer or use of (unless the
user is immune from liability, in which case it need only
indemnify the railroad against any potential liability) , and for
the payment of any and all taxes that may be levied or assessed
against, the right-of-way.
4 . Interim trail use/rail banking is subject to the future
restoration of rail service and to the user's continuing to meet
the financial obligations for the right-of-way.
5. If interim trail use is implemented and subsequently the
user intends to terminate trail use, it must send the Board a
copy of this decision and notice and request that it be vacated
on a specified date.
6. If an agreement for interim trail use/rail banking is
reached by December 12, 1996, interim trail use may be
' See Rail Abandonment--Supplemental Trails Act Procedures,
4 I.C.C.2d 152, 157-58 (1987) ; See Line Railroad Company--
Exemption--Abandonment in Waukesha County, WI, Docket No. AB-57
(Sub-No. 23X) (ICC served May 14, 1987) ; and Missouri-Kansas-
Texas Railroad Companv--Abandonment--In Pettis and Henry
Counties, MO, Docket No. AB-102 (Sub-No. 16) (ICC served Apr. 26,
1991) .
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Docket No. AB-33 (Sub-No. 82X)
implemented. If no agreement is reached by that time, UP may
fully abandon the line, provided the conditions imposed in the
decision served October 21, 1993, are met.
7. This decision is effective on its service date.
By the Board, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams
Secretary
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