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B-242142 1 (1991-03-22)

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Decision

Matter of: Permanency of Limitation on Interstate Commerce
            Commission's Approval of Railroad Branchline
            Abandonments Contained in 1932 Appropriation Act

File:       B-242142

Date:       March 22, 1991


Prohibition contained in section 402 of the Department of
Transportation and Related Agencies Appropriation Act for
fiscal year 1982, Pub. L, No, 97-1Q2, 95 Stat, 1442, 1465
(1981) (codified at 49 U.S.C. S 10903 nt (1988)), constitutes
permanent legislation. Therefore, until amended or repealed,
section 402 prohibits the Interstate Commerce Commission from
approving railroad branchline abandonments by Burlington
Northern Railroad in North Dakota in excess of a total of 350
miles.

DECISION

The Intetstate Commerce Commission (ICC) requests our opinion
on whether section 402 of the Department of, Transportation and
Related Agencies Appropriation Act for fiscal year 1982, Pub.
L. No, 97-102, 95 Stat. 1442, 1465.(1981) (codified at 49
U.S.C. 5 10JD3 nt (1988)), continues toprohibit it from
approving railroad branchline abandonments by Burlington
Northern Railroad (Burlington) in North Dakota. For the
reasons stated below, we conclude that section 402 is
permanent legislation, and thecefore prohibits ICC from using
its current appropriation to approve railroad branchline
abandonments by Burlington in North Dakota in excess of a
total of 350 miles.

BACKGROUND
section 402 of the Department of Transportation and Related
Agencies Appropriation Act for fiscal year 1982 provides:

     Notwithstanding any other provision of l2w or of
     this Act, none of the funds provided in this or any
     other Act shall hereafter be used by the Interstate
     Commerce Commission to approve railroad branchline
     abandonments in the State of North Dakota by the
     entity generally known as the Burlington Northern
     Railroad, or its agents or assignees, in excess of a
     total of 350 miles

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