49 U.S.C. § 24309 — Retaining and maintaining facilities

(a) Definitions — This section defines two terms. A "facility" is a rail line, right of way, fixed equipment, or related real property — things like signal systems, passenger stations, repair tracks, station buildings, platforms, and connected water, fuel, steam, electric, and air lines. "Downgrading" a facility means lowering its official track-safety classification, or changing it in a way that would slow down rail passenger service on that route. (b) Approval Required for Downgrading or Disposal — If Amtrak used a facility to provide passenger rail service on February 1, 1979, or on January 1, 1997, the carrier or authority that owns it can only downgrade or get rid of it after the Secretary of Transportation approves, following the steps in this section. (c) Notification and Analysis — (1) If a carrier plans to downgrade or dispose of a facility Amtrak isn't currently using, it must tell Amtrak. If Amtrak and the carrier don't agree within 60 days to keep or maintain the facility (or transfer it to Amtrak), the carrier can ask the Secretary for approval to downgrade or dispose of it. (2) Once notified, Amtrak must survey population centers served by rail facilities to help build a solid, up-to-date case for whether the facility is still needed, and must keep this survey data organized by region and by whether the route is short-haul or long-haul. The survey should look at: (A) ridership potential, based on current and changing travel patterns; (B) how good competing transportation is; (C) whether Amtrak could offer a competitive fare; (D) chances to target ads and fares to likely riders; (E) whether the route's economics make sense for short-haul or long-haul rail; and (F) whether better cost controls could improve the ratio of passenger revenue to expenses (not counting maintenance and depreciation). (d) Approval of Application and Payment of Avoidable Costs — (1) If Amtrak doesn't object within 30 days of the carrier's application, the Secretary must approve it quickly. (2) If Amtrak does object, the Secretary has 180 days to decide what costs the carrier could avoid by not having to keep the facility in the shape Amtrak wants. If Amtrak doesn't agree within 60 days after that decision to pay those avoidable costs, the Secretary must approve the carrier's application. In deciding whether to pay, Amtrak must weigh: (A) how important restoring service on that route could be; (B) the route's market potential; (C) whether other rail lines or transportation modes could serve the same area, and how efficient and available they are; (D) how many major population centers the route serves; (E) whether keeping the route would help expand the national rail passenger system; and (F) whether it could boost ridership on connecting rail lines. (e) Compliance With Other Obligations — Downgrading or disposing of a facility under this section doesn't free the carrier from any other legal duties — like common-carrier obligations — tied to that facility.