Summary:  (1) REOPENED THIS PROCEEDING; AND (2) MODIFIED THE DECISION SERVED ON APRIL 10, 2001, EXEMPTING THE ABANDONMENT BY CKR OF THE LINE DESCRIBED IN THIS PROCEEDING, TO THE EXTENT NECESSARY TO IMPLEMENT INTERIM TRAIL USE/RAIL BANKING AS SET FORTH IN THIS DECISION FOR A PERIOD OF 180 DAYS FROM THE SERVICE DATE OF THIS DECISION AND NOTICE, SUBJECT TO THE CONDITIONS IMPOSED IN THE APRIL 10, 2001 DECISION.

33345                                    SERVICE DATE - JANUARY 22, 2003

DO

SURFACE TRANSPORTATION BOARD

DECISION AND NOTICE OF INTERIM TRAIL USE OR ABANDONMENT

STB Docket No. AB-406 (Sub-No. 14X)

CENTRAL KANSAS RAILWAY, L.L.C.–ABANDONMENT EXEMPTION– IN SEDGWICK COUNTY, KS

Decided: January 17, 2003

            By decision served on April 10, 2001, the Board granted Central Kansas Railway, L.L.C. (CKR) an exemption under 49 U.S.C. 10502 from the prior approval requirements of 49 U.S.C. 10903-05 to abandon a line of railroad extending between milepost 19.5 near Garden Plain, KS, and milepost 3.5 southeast of the grade crossing at McCormick Avenue in Wichita, KS, a distance of 16 miles in Sedgwick County, KS. The grant was made subject to conditions relating to the rerouting of overhead traffic, as well as to environmental, historic preservation, and standard employee protective conditions. Notice of the exemption was served and published in the Federal Register on January 10, 2001 (66 FR 2048). The exemption became effective on May 10, 2001.

            On January 14, 2003, Prairie Travelers, Inc. (Prairie Travelers) filed a request for issuance of a notice of interim trail use (NITU) under the National Trails System Act, 16 U.S.C. 1247(d) (Trails Act), for a segment of the line.

  As to the other line segments, the Board has received the following notifications: (1) on April1, 2002, CKR consummated abandonment of that portion of the line between milepost 3.5 andmilepost 4.53; (2) on October 23, 2001, CKR consummated a trail use/rail banking agreement with theCity of Wichita, KS, for that portion of the line between milepost 4.53 and milepost 8.62; (3) onOctober 31, 2001, CKR consummated an agreement with Sedgwick County for that portion of the linebetween milepost 8.62 and milepost 9.62; (4) on December 11, 2002, CKR consummated anagreement with the City of Wichita for that portion of the line between milepost 9.62 and milepost11.62; and (5) on December 23, 2002, Prairie Travelers filed a letter stating that an agreement hadbeen reached with CKR for that portion of the line between milepost 15.60 and milepost 19.5 extending between milepost 11.62 and milepost 15.60 near 231st Street, a distance of 3.98 miles in Sedgwick County.

  By decision served on March 20, 2002, the City of Goddard, KS, was granted a NITU forthis same segment of right-of-way. By decision served on September 16, 2002, the negotiation periodunder the NITU was extended, allowing the City of Goddard to negotiate with CKR for the specifiedportion of right-of-way until January 14, 2003. By letter filed January 14, 2003, the City of Goddardnotified the Board that it would not proceed with negotiations under its NITU. To enable it to negotiate with CKR for use of the line as a trail. Prairie Travelers submitted a statement of willingness to assume 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 payment of any and all taxes that may be levied or assessed against, the right-of-way, as required at 49 CFR 1152.29, and acknowledged that the use of the right-of-way for trail purposes is subject to future reactivation for rail service. In response, CKR indicated that it has not consummated the abandonment and that it is willing to negotiate with Prairie Travelers for interim trail use and rail banking for the relevant portion of the line.

            Trail use requests may be accepted as long as the Board retains jurisdiction over the involved right-of-way.  See Rail Abandonments–Supplemental Trails Act Procedures, 4 I.C.C.2d 152, 157-58(1987); Soo Line Railroad Company–Exemption–Abandonment in Waukesha County, WI, DocketNo. AB-57 (Sub-No. 23X) (ICC served May 14, 1987); and Missouri-Kansas-Texas RailroadCompany–Abandonment–in Pettis and Henry Counties, MO, Docket No. AB-102 (Sub-No. 16)(ICC served Apr. 26, 1991). And the carrier is willing to enter into negotiations. Inasmuch as CKR has not consummated the abandonment and is willing to negotiate with Prairie Travelers for the relevant portion of the right-of-way, a NITU will be issued with the trail use negotiation period running 180 days from the service date of this decision. If the parties reach a mutually acceptable final agreement, no further Board action is necessary. If no agreement is reached within 180 days, CKR may fully abandon the relevant portion of the line, provided that the conditions imposed in the decision served April 10, 2001, are met. See 49 CFR 1152.29(d)(1). Use of the right-of-way for trail purposes is subject to restoration for railroad purposes. See 49 CFR 1152.29(d)(2).

            This decision 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 decision served on April 10, 2001, exempting the abandonment by CKR of the line described above, is modified to the extent necessary to implement interim trail use/rail banking as set forth above for a period of 180 days from the service date of this decision and notice (until 180 days from service date), subject to the conditions imposed in the April 10, 2001 decision.

            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 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. As to the relevant portion of the line, if an agreement for interim trail use/rail banking is reached during the 180-day period, interim trail use may be implemented. If no agreement is reached by that time, CKR may fully abandon the relevant portion of the line.

            7. This decision is effective on its service date.