Washington State Department of Game v. Interstate Commerce Commission

This is a petition brought by the Washington State Department of Game for review of a final order and ruling of the Interstate Commerce Commission interpreting section 8(d) of the National Trails System Act, as amended, 16 U.S.C.A. § 1247 (d) (1987), as conditioning so-called rail-to-trail conversions on the negotiation of voluntary agreements between abandoning railroads and prospective interim trail users. We have jurisdiction pursuant to 28 U.S.C. §§ 2321 (a) and 2342(5) and we deny the petition.

FACTS AND PROCEEDINGS

In 1983 Congress amended section 8 of the National Trails System Act of 1968 (Trails Act) by adding a provision for the interim use of railroad rights-of-way as recreational trails. National Trails System Act Amendments of 1983, Pub.L. No. 98-11, § 208 (1983); 16 U.S.C.A. § 1247 (d) (1987) (“§ 1247(d)”). Thereafter, the Burlington Northern Railroad (“Burlington”) applied to the Interstate Commerce Commission (“Commission”) to abandon 5.57 miles of right-of-way near Rosalia, Washington. Upon learning of Burlington’s intentions, the Washington State Department of Game (“Washington”) requested that the Commission transfer the right-of-way to the state for interim…