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49 U.S.C. § 24903 — General authority

submitted 32 years ago by Pub. L. 103-272 to r/title-49-TRANSPORTATION · 537 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section gives Amtrak authority to acquire and improve rail property and facilities and to arrange freight and commuter service. It establishes compensation rules when parties cannot agree.

(a) To carry out this chapter and the 1973 Act, Amtrak may: (1) acquire, maintain, and dispose of interests in property used for improved high-speed service under section 24902; (2) acquire needed real-property interests by condemnation or otherwise; (3) provide freight, intercity passenger, and commuter service over property acquired here; (4) improve rights-of-way between Boston and the District of Columbia, including the listed Springfield, Harrisburg, and Albany routes, to meet section 24902 goals; (5) acquire, build, improve, and install stations, communications and electric-power facilities and equipment, public and private highway and pedestrian crossings, and other needed facilities and equipment; (6) agree with carriers and commuter authorities about freight or commuter service over rights-of-way and facilities acquired under the cited laws and chapter 224; and (7) appoint a Northeast Corridor improvement-program general manager. (b) Freight and commuter service under (a)(3) must be provided under compensatory agreements with responsible carriers. (c) (1) An agreement under (a)(6) must provide reasonable cost reimbursement and may not cross-subsidize intercity passenger, commuter, or freight service. (2) If parties do not agree, the Board must order continued service over the specified facilities and determine compensation within 120 days. It must assign the carrier’s costs that benefit only that carrier, plus a reasonable-use share of other costs incurred for Amtrak’s and the carrier’s common benefit, measured by car volume, tonnage, or other reasonable-use factors. No commuter/intercity or freight cross-subsidy is allowed. (3) The parties may still agree after the Board decides.

the actual law source: uscode.house.gov ↗public domain
(a)General.—

To carry out this chapter and the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may—

(1)

acquire, maintain, and dispose of any interest in property used to provide improved high-speed rail transportation under section 24902 of this title;

(2)

acquire, by condemnation or otherwise, any interest in real property that Amtrak considers necessary to carry out the goals of section 24902;

(3)

provide for rail freight, intercity rail passenger, and commuter rail passenger transportation over property acquired under this section;

(4)

improve rail rights of way between Boston, Massachusetts, and the District of Columbia (including the route through Springfield, Massachusetts, and routes to Harrisburg, Pennsylvania, and Albany, New York, from the Northeast Corridor main line) to achieve the goals of section 24902 of providing improved high-speed rail passenger transportation between Boston, Massachusetts, and the District of Columbia, and intermediate intercity markets;

(5)

acquire, build, improve, and install passenger stations, communications and electric power facilities and equipment, public and private highway and pedestrian crossings, and other facilities and equipment necessary to provide improved high-speed rail passenger transportation over rights of way improved under clause (4) of this subsection;

(6)

make agreements with other carriers and commuter authorities to grant, acquire, or make arrangements for rail freight or commuter rail passenger transportation over, rights of way and facilities acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title; and

(7)

appoint a general manager of the Northeast Corridor improvement program.

(b)Compensatory Agreements.—

Rail freight and commuter rail passenger transportation provided under subsection (a)(3) of this section shall be provided under compensatory agreements with the responsible carriers.

(c)Compensation for Transportation Over Certain Rights of Way and Facilities.—
(1)

An agreement under subsection (a)(6) of this section shall provide for reasonable reimbursement of costs but may not cross-subsidize intercity rail passenger, commuter rail passenger, and rail freight transportation.

(2)

If the parties do not agree, the Surface Transportation Board shall order that the transportation continue over facilities acquired under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.), the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.), and chapter 224 of this title and shall determine compensation (without allowing cross-subsidization between commuter rail passenger and intercity rail passenger and rail freight transportation) for the transportation not later than 120 days after the dispute is submitted. The Board shall assign to a rail carrier obtaining transportation under this subsection the costs Amtrak incurs only for the benefit of the carrier, plus a proportionate share of all other costs of providing transportation under this paragraph incurred for the common benefit of Amtrak and the carrier. The proportionate share shall be based on relative measures of volume of car operations, tonnage, or other factors that reasonably reflect the relative use of rail property covered by this subsection.

(3)

This subsection does not prevent the parties from making an agreement under subsection (a)(6) of this section after the Board makes a decision under this subsection.

Source credit: (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 934, § 24904; Pub. L. 103–429, § 6(22), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105–134, title IV, § 405(b)(2), Dec. 2, 1997, 111 Stat. 2586; Pub. L. 110–432, div. B, title II, § 212(b)(2), Oct. 16, 2008, 122 Stat. 4924; Pub. L. 112–141, div. C, title II, § 32932(c)(4), July 6, 2012, 126 Stat. 829; renumbered § 24903, Pub. L. 114–94, div. A, title XI, § 11306(a)(1), Dec. 4, 2015, 129 Stat. 1658; Pub. L. 117–58, div. B, title I, § 21301(j)(4)(F), Nov. 15, 2021, 135 Stat. 693.)

history & why it existsrecord from the source credit
  • 1994Enacted · Pub. L. 103-272 · 108 Stat. 934
  • 1994Amended · Pub. L. 103-429 · 108 Stat. 4380
  • 1997Amended · Pub. L. 105-134 · 111 Stat. 2586
  • 2008Amended · Pub. L. 110-432 · 122 Stat. 4924
  • 2012Amended · Pub. L. 112-141 · 126 Stat. 829
  • 2015Amended · Pub. L. 114-94 · 129 Stat. 1658
  • 2021Amended · Pub. L. 117-58 · 135 Stat. 693

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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