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
UNITED STATES DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
WASHINGTON, D.C. 20240
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