Summary: EXTENDED THE NOTICE OF INTERIM TRAIL USE OR ABANDONMENT NEGOTIATING PERIOD, EXCEPT FOR THAT PORTION OF THE LINE IN MENOMINEE COUNTY, UNTIL NOVEMBER 27, 2002.
SERVICE DATE – JUNE 7, 2002
DO
SURFACE TRANSPORTATION BOARD
DECISION
STB Docket No. AB-303 (Sub-No. 25X)
WISCONSIN CENTRAL LTD.—ABANDONMENT EXEMPTION— IN LANGLADE, MENOMINEE AND SHAWANO COUNTIES, WI
Decided: June 6, 2002
By decision and notice of interim trail use or abandonment (NITU) served on January 5, 2001, the Board granted the petition for exemption filed by Wisconsin Central Ltd. (WCL) for abandonment of a 34.3-mile line of railroad known as the White Lake-Shawano Line, between milepost 280 north of White Lake and milepost 314.3 north of Shawano, in Langlade, Menominee, and Shawano Counties, WI. The exemption was subject to environmental, historic preservation, and standard employee protective conditions, as well as a trail use condition authorizing a 180-day period, until July 4, 2001, for the Wisconsin Department of Natural Resources (WisDNR) to negotiate an interim trail use/rail banking agreement with WCL. WCL was also required to file a notice of abandonment consummation by January 5, 2002. The decision was scheduled to become effective on February 4, 2001. Subsequently, by decision served on February 2, 2001, the January 5 decision was stayed until further order with respect to the trail use/rail banking in Menominee County that was authorized. In all other respects, the January 5 decision took effect as scheduled on February 4, 2001. In a decision served on July 3, 2001, as corrected on July 10, 2001, the negotiating period under the NITU was extended until December 31, 2001, with the stay remaining in effect for the portion of the line in Menominee County. By decisions served on December 28, 2001, and February 27, 2002, the NITU negotiating period and the deadline to exercise abandonment authority were extended to May 31, 2002.
A petition for judicial review of the Board’s decision allowing interim trail use/railbanking in Menominee County was filed in the United States Court of Appeals for the District ofColumbia Circuit in Menominee Indian Tribe of Wisconsin et al. v. STB et al., No. 01-1100(D.C. Cir. filed March 2, 2001). On May 24, 2002, that Court granted the parties’ jointunopposed motion to dismiss the petition. Accordingly, the Board’s stay is now moot.
On May 21, 2002, WisDNR and WCL filed a joint
petition for extension of the NITU for 180 days. Petitioners state that
negotiations are moving slowly and more time is needed to finalize negotiations.
WCL specifically states that it is agreeable to a NITU extension for all of the
line except for the portion in Menominee County (between mileposts 287 and
299.5).
By letter filed on June 5, 2002, WCL informed the
Board that it has consummated
Where, as here, the carrier is willing to continue trail use negotiations, the negotiating period may be extended.
The parties have shown that the additional time is necessary to complete negotiations. An extension of time will promote the establishment of trails and rail banking consistent with the National Trails System Act, 16 U.S.C. 1247(d). Accordingly, the NITU negotiating period will be extended for a period of 180 days from May 31, 2002, for the portion of the line described above.
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 negotiating period is granted except for that portion of the line in Menominee County.
2. The NITU negotiating period, except for the portion of the line in Menominee County, is extended until November 27, 2002.
3. This decision is effective on the date of service.
By the Board, David M. Konschnik, Director, Office of Proceedings.
Vernon A. Williams
Secretary