• Surface Transportation Board Keeping Closer Track of Interim Trail Use
  • June 13, 2012
  • Law Firm: Daley Mohan Groble P.C. - Chicago Office
  • On April 30, 2012, the Department of Transportation’s Surface Transportation Board announced a final rule updating procedures related to the use of railroad rights-of-way for rail banking and interim trail use under the National Trails System Act.

    STB Chairman Daniel R. Elliott III said, “The new rules will help us keep better track of these important projects, which benefit so many while also preserving the nation's rail corridors for future use.”

    The following changes will be effective on May 30, 2012.

    • The new rule requires the rail carrier and the trail sponsor to jointly file a notice with the STB once an interim trail use/rail banking agreement has been reached.
    • If the rail carrier and the trail sponsor reach an interim trail use agreement that applies to less of the right-of-way than is covered by the Certificate of Interim Trail Use (CITU) or Notice of Interim Trail Use (NITU), the STB will require the parties to submit a request to vacate the CITU or NITU and a request for a replacement CITU or NITU covering only the portion of the right-of-way subject to the trail use agreement.
    • Further, the new rule clarifies that if a new party assumes responsibility to a trail, the STB will require the new party to affirmatively acknowledge that the continued interim trail use is subject to possible future restoration of the right-of-way and reactivation of rail service.

    The STB’s announcement and the decision are both available online.

    Please contact your usual DMG attorney for more information about the final rule or interim trail use.