49 U.S.C. § 24902 — Goals and requirements
submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 1,032 words · no verdicts yet
This section directs Amtrak to manage Northeast Corridor costs and revenues and sets project priorities. It also requires automatic train control, equipment development, freight-routing agreements, program coordination, completion priority, and specified legal exemptions.
(a) Managing Costs and Revenues. Amtrak must manage operating costs, prices, and other factors with the goal that each fiscal year’s Northeast Corridor passenger revenues between the District of Columbia and Boston equal at least that year’s operating costs. (b) Project priorities. When choosing and scheduling projects, Amtrak must use these priorities: (1) complete safety work first because passenger and user safety is paramount; (2) complete work benefiting more passengers before work benefiting fewer; (3) emphasize reliable intercity passenger service; (4) meet this section’s trip-time requirements when compatible with the first three priorities; (5) do improvements that repay their investment through lower operating or maintenance costs before other improvements; (6) schedule construction to inconvenience as few passengers as possible, maintain transportation, and optimize on-time commuter and freight performance; and (7) focus planning on activities that immediately benefit Corridor users. (c) Improvements must be compatible with future transportation improvements and produce the greatest labor benefit from hiring people currently unemployed. (d) A train on the Northeast Corridor main line, or between that line and Atlantic City, must have automatic train control designed to slow or stop it in response to an outside signal. (e) If practicable, Amtrak must establish Corridor passenger service implementing the cited 1976 Act provision. (f) After the improvement program is complete, Amtrak must develop economical, reliable equipment compatible with Corridor track, operations, and marketing, including reliable scheduled revenue trip times under the cited provision. Before buying Government-financed equipment, Amtrak must decide that it complies with this subsection and must request appropriations to produce it. (g) (1) Amtrak may agree with a freight carrier or regional transportation authority for the carrier to use an alternate route off the Corridor between the District of Columbia and New York metropolitan areas, including intermediate points. The agreement must last at least five years. (2) Amtrak must promptly seek Surface Transportation Board approval of the agreement and related agreements. If approval is needed to carry out this chapter, the Board must approve within 90 days. (3) If no agreement is made, Amtrak may, with the other parties’ consent, apply to the Board. If deciding terms is necessary to carry out this chapter, the Board must decide within 90 days, and its decision binds the other parties. (h) (1) The Transportation Secretary must coordinate Corridor transportation programs so they are integrated and consistent with the improvement program, and coordinate Government funds for redevelopment and revitalization near urban Corridor stations served by intercity and commuter rail. (2) If the Secretary finds significant noncompliance, the Secretary may deny financing to the noncomplying program until it is corrected. (i) Amtrak must give highest priority to completing the program. (j) State or local building, zoning, subdivision, related, or other laws do not apply to construction, ownership, use, operation, financing, leasing, conveyance, mortgage, or mortgage enforcement involving an Amtrak improvement that is part of or advances the Northeast Corridor Improvement Project or chapters 241, 243, or 247, or land and related interests where it is located. This includes permit, action, approval, and filing requirements. The exemption continues for the land and improvements for mortgagees before, during, and after possession, foreclosure purchasers or deed-in-lieu purchasers, and their successors and assigns, as long as the property is used or held for railroad or accessory purposes. It does not apply unless Amtrak receives a Federal operating subsidy in the fiscal year when it commits to or begins the improvement.
Amtrak shall manage its operating costs, pricing policies, and other factors with the goal of having revenues derived each fiscal year from providing intercity rail passenger transportation over the Northeast Corridor route between the District of Columbia and Boston, Massachusetts, equal at least the operating costs of providing that transportation in that fiscal year.
When selecting and scheduling specific projects, Amtrak shall apply the following considerations, in the following order of priority:
Safety-related items should be completed before other items because the safety of the passengers and users of the Northeast Corridor is paramount.
Activities that benefit the greatest number of passengers should be completed before activities involving fewer passengers.
Reliability of intercity rail passenger transportation must be emphasized.
Trip-time requirements of this section must be achieved to the extent compatible with the priorities referred to in paragraphs (1)–(3) of this subsection.
Improvements that will pay for the investment by achieving lower operating or maintenance costs should be carried out before other improvements.
Construction operations should be scheduled so that the fewest possible passengers are inconvenienced, transportation is maintained, and the on-time performance of Northeast Corridor commuter rail passenger and rail freight transportation is optimized.
Planning should focus on completing activities that will provide immediate benefits to users of the Northeast Corridor.
Improvements under this section shall be compatible with future improvements in transportation and shall produce the maximum labor benefit from hiring individuals presently unemployed.
A train operating on the Northeast Corridor main line or between the main line and Atlantic City shall be equipped with an automatic train control system designed to slow or stop the train in response to an external signal.
If practicable, Amtrak shall establish intercity rail passenger transportation in the Northeast Corridor that carries out section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121).
Amtrak shall develop economical and reliable equipment compatible with track, operating, and marketing characteristics of the Northeast Corridor, including the capability to meet reliable trip times under section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121) in regularly scheduled revenue transportation in the Corridor, when the Northeast Corridor improvement program is completed. Amtrak must decide that equipment complies with this subsection before buying equipment with financial assistance of the Government. Amtrak shall submit a request for an authorization of appropriations for production of the equipment.
Amtrak may make an agreement with a rail freight carrier or a regional transportation authority under which the carrier will carry out an alternate off-corridor routing of rail freight transportation over rail lines in the Northeast Corridor between the District of Columbia and New York metropolitan areas, including intermediate points. The agreement shall be for at least 5 years.
Amtrak shall apply to the Surface Transportation Board for approval of the agreement and all related agreements accompanying the application as soon as the agreement is made. If the Board finds that approval is necessary to carry out this chapter, the Board shall approve the application and related agreements not later than 90 days after receiving the application.
If an agreement is not made under paragraph (1) of this subsection, Amtrak, with the consent of the other parties, may apply to the Surface Transportation Board. Not later than 90 days after the application, the Board shall decide on the terms of an agreement if it decides that doing so is necessary to carry out this chapter. The decision of the Board is binding on the other parties.
The Secretary of Transportation shall coordinate—
transportation programs related to the Northeast Corridor to ensure that the programs are integrated and consistent with the Northeast Corridor improvement program; and
amounts from departments, agencies, and instrumentalities of the Government to achieve urban redevelopment and revitalization in the vicinity of urban rail stations in the Northeast Corridor served by intercity and commuter rail passenger transportation.
If the Secretary finds significant noncompliance with this section, the Secretary may deny financing to a noncomplying program until the noncompliance is corrected.
Amtrak shall give the highest priority to completing the program.
No State or local building, zoning, subdivision, or similar or related law, nor any other State or local law from which a project would be exempt if undertaken by the Federal Government or an agency thereof within a Federal enclave wherein Federal jurisdiction is exclusive, including without limitation with respect to all such laws referenced herein above requirements for permits, actions, approvals or filings, shall apply in connection with the construction, ownership, use, operation, financing, leasing, conveying, mortgaging or enforcing a mortgage of (i) any improvement undertaken by or for the benefit of Amtrak as part of, or in furtherance of, the Northeast Corridor Improvement Project (including without limitation maintenance, service, inspection or similar facilities acquired, constructed or used for high speed trainsets) or chapter 241, 243, or 247 of this title or (ii) any land (and right, title or interest created with respect thereto) on which such improvement is located and adjoining, surrounding or any related land. These exemptions shall remain in effect and be applicable with respect to such land and improvements for the benefit of any mortgagee before, upon and after coming into possession of such improvements or land, any third party purchasers thereof in foreclosure (or through a deed in lieu of foreclosure), and their respective successors and assigns, in each case to the extent the land or improvements are used, or held for use, for railroad purposes or purposes accessory thereto. This subsection shall not apply to any improvement or related land unless Amtrak receives a Federal operating subsidy in the fiscal year in which Amtrak commits to or initiates such improvement.
Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 930; Pub. L. 104–205, title III, § 334, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 105–134, title IV, § 405(b)(1), Dec. 2, 1997, 111 Stat. 2586; Pub. L. 112–141, div. C, title II, § 32932(c)(3), July 6, 2012, 126 Stat. 829.)
- 1994Enacted · Pub. L. 103-272 · 108 Stat. 930
- 1996Amended · Pub. L. 104-205 · 110 Stat. 2974
- 1997Amended · Pub. L. 105-134 · 111 Stat. 2586
- 2012Amended · Pub. L. 112-141 · 126 Stat. 829
A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-272 on 1994-07-05.
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