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<br />STB Docket No. AB-6 (Sub-No. 381X) <br /> <br />Under the Trails Act, and the corresponding regulations at 49 CFR 1152.29, in addition to <br />acknowledging that the right-of-way may be reactivated for rail service and providing a map of <br />the right of way, a prospective trail user is required to include a statement of willingness to be <br />financially and managerially responsible for the right-of-way. See 49 CFR 1152,29(a)(2) and <br />(a)(3). The Board cannot issue a NITU without the required statement from the prospective trail <br />user and, because interim trail use is strictly voluntary, the Board also cannot issue a NITU <br />without a statement from the railroad indicating whether it is willing to negotiate an agreement. <br /> <br />This decision will not significantly affect the quality of the human environment or the <br />conservation of energy resources. <br /> <br />It is ordered: <br /> <br />1. This proceeding is reopened. <br /> <br />2. The request for a public use condition is moot. <br /> <br />3. The request for a NITU is denied. MPRB may, however, file additional infonnation in <br />confonnity with our trail use regulations at 49 CFR 1152,29. Should MPRB file the necessary <br />statement of willingness to assume financial responsibility with the Board, BNSF is directed to <br />infonn the Board within 10 days ofMPRB's filing with the Board whether it is willing to <br />negotiate with MPRB for possible trail use. <br /> <br />4. This decision is effective on its service date. <br /> <br />By the Board, David M. Konschnik, Director, Office of Proceedings. <br /> <br />Vernon A. Williams <br />Secretary <br /> <br />- 2 - <br />