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CLERK
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INTERSTATE COMMERCE COMMISSION
DECISION
Docket No. AB -33 (Sub -No. 82X)
UNION PACIFIC RAILROAD COMPANY --ABANDONMENT
EXEMPTION --IN MORGAN AND WELD COUNTIES, CO
Decided: September 27, 1995
A Notice of Interim Trail Use or Abandonment (NITU) was
served on October 21, 1993, establishing a 180 -day period for the
Colorado Division of Parks and Outdoor Recreation (CPOR) to
negotiate an interim trail use/rail banking agreement with the
Union Pacific Railroad Company (UP) for a segment of the right-
of-way involved in this proceeding.' By subsequent decisions,
the NITU negotiation period was extended, most recently to
October 12, 1995.2
On September 12, 1995, CPOR filed a request to extend the
NITU negotiation period until April 12, 1996. CPOR states that
the extension is needed to allow time for the parties'to complete
negotiations for conveyance of the property. By letter filed
September 15, 1995, UP agrees to the extension of the negotiation
period.
The extension will be granted. Extending the negotiation
period will promote the establishment of trail use and rail
banking consistent with the National Trails System Act, 16 U.S.C.
1247(d), and the parties agree to the extension.
This action will not significantly affect either the quality
of the human environment or the conservation of energy resources.
It is ordered:
1. CPOR's request to extend the NITU negotiation period is
granted.
2. The negotiation period under the NITU is extended to
April 12, 1996.
3. This decision is effective on its service date.
By the Commission, David M. Konschnik, Director, Office of
Proceedings.
Vernon A. Williams
(SEAL) Secretary
1 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.
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.
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