Summary: GRANTED THE IOWA TRAILS COUNCIL AND THE WRIGHT COUNTY CONSERVTION BOARD'S REQUEST TO EXTEND THE NEGOTIATING PERIOD UNDER THE NITU TO JULY 9, 2003.
DO
DECISION
UNION PACIFIC RAILROAD COMPANY-ABANDONMENT AND DISCONTINUANCE OF TRACKAGE RIGHTS EXEMPTION-IN WRIGHT, FRANKLIN AND CERRO GORDO COUNTIES, IA
Decided: December 30, 2002
On February 10, 2000, a decision and notice of interim trail use or abandonment (NITU) was served, authorizing a 180-day period for Iowa Trails Council and the Wright County Conservation Board, a county government agency (collectively, ITC), to negotiate an interim trail use/rail banking agreement with the Union Pacific Railroad Company (UP) for the 12.38-mile line of railroad over the Thornton Industrial Lead (formerly known as the Fort Dodge Branch) from milepost 17.14 near Thornton to milepost 29.52 near Belmond, in Wright, Franklin and Cerro Gordo Counties, IA. The negotiation period was extended several times; the latest extension is scheduled to expire on January 10, 2003. (1)
On December 16, 2002, ITC requested an additional 180-day extension of the negotiating period. UP advised that it supports the extension request.
Where, as here, the carrier is willing to continue trail use negotiations, the negotiating period may be extended. Under the circumstances, an extension of the negotiating period is warranted and will promote the establishment of trail use and rail banking consistent with the National Trails System Act, 16 U.S.C. 1247(d). Accordingly the negotiating period will be extended to July 9, 2003. (2)
This decision will not significantly affect either the quality of the human environment or the conservation of energy resources.
It is ordered:
1. The negotiating period under the NITU is extended to July 9, 2003.
2. This decision is effective on its service date.
1. The most recent extension of the negotiation period under the NITU was authorized by decision served July 29, 2002.
2. See Rail Abandonments-Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58 (1987).