Rescinding the Washington Office Instruction Memorandum No. 2014-122, Evaluation of Activities within Railroad Rights-of-Way Granted under the General Railroad Right-of-Way Act of March 3, 1875

IM 2017-060
Instruction Memorandum

UNITED STATES DEPARTMENT OF THE INTERIOR

BUREAU OF LAND MANAGEMENT

WASHINGTON, D.C. 20240

http://www.blm.gov/

March 29, 2017

In Reply Refer To:

2800/2880/2920/9239 (301/350) P

EMS TRANSMISSION 03/29/2017

Instruction Memorandum No. 2017-060                   

Expires:  09/30/2020

To:                   All Field Office Officials

From:               Acting Assistant Director, Energy, Minerals, and Realty Management

Subject:           Rescinding the Washington Office Instruction Memorandum No. 2014-122, Evaluation of Activities within Railroad Rights-of-Way Granted under the General Railroad Right-of-Way Act of March 3, 1875

Program Area:  Right-of-Way Management.

Purpose:  This interim policy rescinds both Washington Office (WO) Instruction Memorandum (IM) No. 2014-122, Evaluation of Activities within Railroad Rights-of-Way Granted under the General Railroad Right-of-Way Act of March 3, 1875, issued on August 11, 2014, and the previous WO IM No. 2012-038, Interim Guidance Relating to the Scope of a Railroad’s Authority to Approve Uses within Railroad Rights-of-Way Granted under the Act of March 3, 1875, issued on December 2, 2011.

Policy/Action:  All issues related to addressing activities within railroad rights-of-way granted pursuant to the General Railroad Rights-of-Way Act of March 3, 1875 across Bureau of Land Management (BLM)-managed lands are to be directed to the BLM Washington Office, Energy, Minerals and Realty Management (WO-300) directorate.  Field offices will no longer apply the provisions outlined in either WO IM No. 2014-122 or No. 2012-038.

Timeframe:  This IM is effective immediately.

Budget Impact:  This policy will not result in additional program costs.

Background:  These two IMs provide guidance, in response to Interior Solicitor’s Opinion M-37025, dated November 4, 2011, relating to the scope of a railroad’s authority to undertake or authorize activities within railroad rights-of-way granted pursuant to the General Railroad Rights-of-Way Act of March 3, 1875 across BLM-managed lands.  IM No. 2014-122 replaced the previous and interim IM No. 2012-038.

Manual/ Handbook Sections Affected:  None.

Coordination: The BLM National Office of Renewable Energy Coordination; Division of Lands, Realty and Cadastral Survey; and Office of Solicitor coordinated in preparation of this IM.

Contact:  If there are any questions concerning this IM, please contact me, Acting Assistant Director, Energy, Minerals and Realty Management (WO-300), at 202-208-4201.  Field staff may also contact Erica Pionke, Realty Specialist, WO-301, at 202-912-7219, epionke@blm.gov, for information concerning this IM.

 

Signed by:                                                                   Authenticated by:

Timothy Spisak                                                           Robert M. Williams

Acting, Assistant Director                                          Division of IT Policy and Planning,WO-870

Energy, Minerals, and Realty Management

Fiscal Year

2017