-CITE-

49 USC CHAPTER 249 - NORTHEAST CORRIDOR IMPROVEMENT

PROGRAM 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 249 - NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

-HEAD-

CHAPTER 249 - NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

-MISC1-

Sec.

24901. Definitions.

24902. Goals and requirements.

[24903. Repealed.]

24904. General authority.

24905. Coordination board and safety committee.

24906. Eliminating highway at-grade crossings.

24907. Note and mortgage.

24908. Transfer taxes and levies and recording charges.

24909. Authorization of appropriations.

AMENDMENTS

1997 - Pub. L. 105-134, title IV, Sec. 405(a), Dec. 2, 1997, 111

Stat. 2586, struck out item 24903 "Program master plan for

Boston-New York main line".

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 306, 24104 of this title.

-End-

-CITE-

49 USC Sec. 24901 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 249 - NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

-HEAD-

Sec. 24901. Definitions

-STATUTE-

In this chapter -

(1) "final system plan" means the final system plan (including

additions) adopted by the United States Railway Association under

the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et

seq.).

(2) "rail carrier" means an express carrier and a rail carrier

as defined in section 10102 of this title, including Amtrak.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 930.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24901(1) (no source).

24901(2) (no source).

--------------------------------------------------------------------

This section is derived from 45:802 for clarity. That section

contains definitions for the Railroad Revitalization and Regulatory

Reform Act of 1976 (Public Law 94-210, 90 Stat. 33). Title VII of

that Act is the source of the source provisions restated in this

chapter. However, other titles of that Act are not being restated

because they are outside the scope of the restatement. Therefore,

45:802 is not being restated in this restatement and only the

relevant definitions are accounted for in this chapter.

-REFTEXT-

REFERENCES IN TEXT

The Regional Rail Reorganization Act of 1973, referred to in par.

(1), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, as amended,

which is classified principally to chapter 16 (Sec. 701 et seq.) of

Title 45, Railroads. For complete classification of this Act to the

Code, see Short Title note set out under section 701 of Title 45

and Tables.

-End-

-CITE-

49 USC Sec. 24902 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 249 - NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

-HEAD-

Sec. 24902. Goals and requirements

-STATUTE-

(a) Managing Costs and Revenues. - 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.

(b) Priorities in Selecting and Scheduling Projects. - When

selecting and scheduling specific projects, Amtrak shall apply the

following considerations, in the following order of priority:

(1) Safety-related items should be completed before other items

because the safety of the passengers and users of the Northeast

Corridor is paramount.

(2) Activities that benefit the greatest number of passengers

should be completed before activities involving fewer passengers.

(3) Reliability of intercity rail passenger transportation must

be emphasized.

(4) 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.

(5) Improvements that will pay for the investment by achieving

lower operating or maintenance costs should be carried out before

other improvements.

(6) 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.

(7) Planning should focus on completing activities that will

provide immediate benefits to users of the Northeast Corridor.

(c) Compatibility With Future Improvements and Production of

Maximum Labor Benefits. - Improvements under this section shall be

compatible with future improvements in transportation and shall

produce the maximum labor benefit from hiring individuals presently

unemployed.

(d) Automatic Train Control Systems. - 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.

(e) High-Speed Transportation. - 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).

(f) Equipment Development. - 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.

(g) Agreements for Off-Corridor Routing of Rail Freight

Transportation. - (1) 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.

(2) Amtrak shall apply to the Interstate Commerce Commission for

approval of the agreement and all related agreements accompanying

the application as soon as the agreement is made. If the Commission

finds that approval is necessary to carry out this chapter, the

Commission shall approve the application and related agreements not

later than 90 days after receiving the application.

(3) If an agreement is not made under paragraph (1) of this

subsection, Amtrak, with the consent of the other parties, may

apply to the Interstate Commerce Commission. Not later than 90 days

after the application, the Commission 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 Commission is binding on the

other parties.

(h) Coordination. - (1) The Secretary of Transportation shall

coordinate -

(A) transportation programs related to the Northeast Corridor

to ensure that the programs are integrated and consistent with

the Northeast Corridor improvement program; and

(B) 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.

(2) If the Secretary finds significant noncompliance with this

section, the Secretary may deny financing to a noncomplying program

until the noncompliance is corrected.

(i) Completion. - Amtrak shall give the highest priority to

completing the program.

(j) Applicable Procedures. - 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-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 930; Pub. L.

104-205, title III, Sec. 334, Sept. 30, 1996, 110 Stat. 2974; Pub.

L. 105-134, title IV, Sec. 405(b)(1), Dec. 2, 1997, 111 Stat.

2586.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24902(a) 45:853(1)(A). Feb. 5, 1976, Pub. L.

94-210, Sec. 703(1)(A), 90

Stat. 121; Oct. 5, 1978,

Pub. L. 95-421, Sec. 8(1),

92 Stat. 927; May 30, 1980,

Pub. L. 96-254, Sec. 202(1),

(2), 94 Stat. 410; Jan. 14,

1983, Pub. L. 97-468, Sec.

301(1), 96 Stat. 2547.

45:853(1)(B) (1st Feb. 5, 1976, Pub. L.

sentence). 94-210, Sec. 703(1)(B), 90

Stat. 121; Oct. 5, 1978,

Pub. L. 95-421, Sec. 8(2),

92 Stat. 927.

45:853(2)(A). Feb. 5, 1976, Pub. L.

94-210, Sec. 703(2)(A), 90

Stat. 122; Oct. 5, 1978,

Pub. L. 95-421, Sec. 5(1),

92 Stat. 926.

45:853(2)(B). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

703(2)(B); added Oct. 5,

1978, Pub. L. 95-421, Sec.

5(2), 92 Stat. 927.

45:853(3)(A). Feb. 5, 1976, Pub. L.

94-210, Sec. 703(3)(A), 90

Stat. 122; May 30, 1980,

Pub. L. 96-254, Sec. 203(1),

94 Stat. 410.

45:853(4) (1st Feb. 5, 1976, Pub. L.

sentence). 94-210, Sec. 703(1)(C), (4),

90 Stat. 121, 122.

45:853(6). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

703(6); added May 30, 1980,

Pub. L. 96-254, Sec. 203(2),

94 Stat. 411.

45:855(b). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

705(b); added May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 413; Jan. 14, 1983,

Pub. L. 97-468, Sec.

301(5)(B), 96 Stat. 2550.

24902(b) 45:851(d)(1). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

701(d)(1); added May 30,

1980, Pub. L. 96-254, Sec.

205, 94 Stat. 412.

24902(c)(1) 45:853(1)(B) (last

sentence).

45:855(b).

24902(c)( 45:854(i). Feb. 5, 1976, Pub. L.

2), (3) 94-210, 90 Stat. 31, Sec.

704(i); added May 30, 1980,

Pub. L. 96-254, Sec. 204(b),

94 Stat. 411.

45:855(b).

24902(d) 45:853(4) (last

sentence).

24902(e) 45:853(7). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

703(7); added May 30, 1980,

Pub. L. 96-254, Sec. 209, 94

Stat. 414.

24902(f) 45:853(1)(C).

24902(g) 45:431(k). Oct. 16, 1970, Pub. L.

91-458, 84 Stat. 971, Sec.

202(k); added June 22, 1988,

Pub. L. 100-342, Sec. 9, 102

Stat. 628.

24902(h) 45:853(1)(E). Feb. 5, 1976, Pub. L.

94-210, Sec. 703(1)(E), 90

Stat. 121; May 30, 1980,

Pub. L. 96-254, Sec. 202(3),

94 Stat. 410.

45:855(b).

24902(i) 45:853(5). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

703(5); added Oct. 5, 1978,

Pub. L. 95-421, Sec. 8(3),

92 Stat. 927.

45:855(b).

24902(j) 45:853(3)(B). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

703(3)(B); added May 30,

1980, Pub. L. 96-254, Sec.

203(1), 94 Stat. 410.

45:855(b).

24902(k) 45:854(c)(1). Feb. 5, 1976, Pub. L.

94-210, Sec. 704(c)(1), 90

Stat. 123; May 30, 1980,

Pub. L. 96-254, Sec. 210(1),

94 Stat. 414.

45:854(c)(2). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

704(c)(2); added May 30,

1980, Pub. L. 96-254, Sec.

210(2), 94 Stat. 414.

24902(l) 45:545(h) (last Oct. 30, 1970, Pub. L.

sentence). 91-518, 84 Stat. 1327, Sec.

305(h) (last sentence);

added Oct. 28, 1974, Pub. L.

93-496, Sec. 3, 88 Stat.

1527; Sept. 29, 1979, Pub.

L. 96-73, Sec. 106, 93 Stat.

539.

45:855(b).

--------------------------------------------------------------------

In this section, the word "program" is substituted for "project"

for consistency in this chapter.

In subsection (a)(1)(A) and (B), the words "schedule" and

"appropriate" are omitted as surplus.

In subsection (a)(2), the words "in order" and "rail" are omitted

as surplus.

In subsection (a)(4)-(6), the words "the goals contained in" are

omitted as surplus.

In subsection (a)(4), the text of 45:853(2)(B) is omitted as

executed.

In subsection (a)(5), the words "to all users of rail freight

service located" are omitted as surplus. The word "in" is

substituted for "on" as being more appropriate. The words "all . .

. which remain" are omitted as surplus.

In subsection (a)(6), the word "mobile" is added for consistency

in this chapter. The word "on" is substituted for "aboard trains

operated in" to eliminate unnecessary words. The word "passenger"

after "rail" is added for consistency in this chapter. The word

"Washington" is omitted as surplus.

In subsection (b), the words "each fiscal year" are substituted

for "annual" for clarity. The text of 45:851(d)(1)(A) and (B) is

omitted as obsolete.

In subsection (c)(1), the words "in his sole discretion" are

omitted as surplus.

In subsection (c)(2)(B), the words "and in the amounts" are

omitted as surplus.

In subsection (d), the words "department, agencies, and

instrumentalities of the United States Government" are substituted

for "relevant Federal agencies, including the Federal

Communications Commission" for consistency in the revised title and

with other titles of the United States Code. The words "shall

assist Amtrak under subsection (a)(6) of this section" are

substituted for "shall take such actions as are necessary to

achieve this goal" for clarity. The words "including necessary

licensing, construction, operation, and maintenance" are omitted as

surplus.

In subsection (e), before clause (1), the words "of priority" are

added for clarity. In clause (2), the words "Potential ridership

should be considered" are omitted as surplus. In clause (5), the

words "Reducing maintenance cost levels is desirable" are omitted

as surplus. The words "before other improvements" are added for

clarity.

In subsection (f), the words "accomplished in a manner which is",

"the accomplishment in the . . . of additional", and "levels" are

omitted as surplus.

In subsection (g), the words "after April 1, 1990" are omitted as

executed. The words "betwen [sic] Washington, D.C., and Boston,

Massachusetts" are omitted as surplus. The words "or between the

main line and Atlantic City" are substituted for "on the feeder

line referred to in section 854(a)(1)(B) of this title" for

clarity. The text of 45:431(k)(2) is omitted as executed.

In subsection (h), the text of 45:853(1)(E) (1st-4th sentences)

and the word "Thereafter" are omitted as executed. The words

"carries out" are substituted for "achieves the service goals

specified in" for consistency in this section.

In subsection (i), the words "rolling stock and related",

"designed to be", "set forth", and "specified" are omitted as

surplus. The text of 45:853(5) (last sentence words after "such

equipment") is omitted as obsolete.

In subsection (j)(1), the words "Within 6 months after May 30,

1980, the Secretary shall develop plans" and the text of

45:853(3)(B)(v) are omitted as executed. The words "rail lines" are

substituted for "lines" for clarity and consistency in this

chapter. The words "Washington" and "on such terms and conditions

as the parties may agree" are omitted as surplus.

In subsection (j)(2), the words "including the provision of

service use of tracks and facilities as provided in such

application" are omitted as surplus.

In subsection (j)(3), the words "other parties" are substituted

for "involved rail freight carriers" to eliminate unnecessary

words. The words "conditions and" are omitted as surplus.

In subsection (k)(1), before clause (A), the words "take all

steps necessary to" are omitted as surplus. In clause (A), the

words "all", "implementation of", and "under this subchapter" are

omitted as surplus. Clause (B) is substituted for 45:854(c)(2) to

eliminate surplus and obsolete words.

-REFTEXT-

REFERENCES IN TEXT

Section 703(1)(E) of the Railroad Revitalization and Regulatory

Reform Act of 1976, referred to in subsecs. (e) and (f), is section

703(1)(E) of Pub. L. 94-210, which was classified to section

853(1)(E) of Title 45, Railroads, and was repealed and reenacted as

subsec. (h) of this section by Pub. L. 103-272, Secs. 1(e), 7(b),

July 5, 1994, 108 Stat. 932, 1379.

-MISC2-

AMENDMENTS

1997 - Pub. L. 105-134 redesignated subsec. (b) as (a) and

subsecs. (e) to (m) as (b) to (j), respectively, in subsec. (j)

struck out "(m)" after "This subsection", and struck out former

subsecs. (a), (c), and (d) which related to Northeast Corridor

improvement plan, cost sharing for nonoperational facilities, and

passenger radio mobile telephone service, respectively.

1996 - Subsec. (m). Pub. L. 104-205 added subsec. (m).

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of this title, and section 101 of Pub. L. 104-88, set

out as a note under section 701 of this title. References to

Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24315, 24904, 24909 of

this title.

-End-

-CITE-

49 USC Sec. 24903 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 249 - NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

-HEAD-

[Sec. 24903. Repealed. Pub. L. 105-134, title IV, Sec. 405(a), Dec.

2, 1997, 111 Stat. 2586]

-MISC1-

Section, Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 933;

Pub. L. 104-287, Sec. 5(48), Oct. 11, 1996, 110 Stat. 3393, related

to program master plan for Boston-New York main line.

-End-

-CITE-

49 USC Sec. 24904 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 249 - NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

-HEAD-

Sec. 24904. General authority

-STATUTE-

(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.) and the

Railroad Revitalization and Regulatory Reform Act of 1976 (45

U.S.C. 801 et seq.); 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 Interstate Commerce

Commission shall order that the transportation continue over

facilities acquired under the Regional Rail Reorganization Act of

1973 (45 U.S.C. 701 et seq.) and the Railroad Revitalization and

Regulatory Reform Act of 1976 (45 U.S.C. 801 et seq.) and shall

determine compensation (without allowing cross-subsidization

between intercity rail passenger and rail freight transportation)

for the transportation not later than 120 days after the dispute is

submitted. The Commission shall assign to a rail freight 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

Commission makes a decision under this subsection.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 934; Pub. L.

103-429, Sec. 6(22), Oct. 31, 1994, 108 Stat. 4380; Pub. L.

105-134, title IV, Sec. 405(b)(2), Dec. 2, 1997, 111 Stat. 2586.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24904(a) 45:851(a) (words Feb. 5, 1976, Pub. L.

(words before (1)). 94-210, Sec. 701(a)(1),

before (1)) (3)-(8), 90 Stat. 119.

24904(a)(1) 45:851(a)(1).

45:855(b). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

705(b); added May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 413; Jan. 14, 1983,

Pub. L. 97-468, Sec.

301(5)(B), 96 Stat. 2550.

24904(a)(2) 45:854(h). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

704(h); added May 30, 1980,

Pub. L. 96-254, Sec. 204(b),

94 Stat. 411.

45:855(b).

24904(a)(3) 45:851(a)(3) (less

proviso).

24904(a)(4) 45:851(a)(4).

24904(a)(5) 45:851(a)(5).

24904(a)(6) 45:562(a)(2) (1st Oct. 30, 1970, Pub. L.

sentence). 91-518, 84 Stat. 1327, Sec.

402(a)(2); added Feb. 5,

1976, Pub. L. 94-210, Sec.

706(a), 90 Stat. 123; May

30, 1980, Pub. L. 96-254,

Sec. 206(a), 94 Stat. 412;

Apr. 7, 1986, Pub. L.

99-272, Sec. 4017(b)(2)-(5),

100 Stat. 111.

45:851(a)(6) (words

before 8th comma).

24904(a)(7) 45:851(a)(7).

24904(a)(8) 45:851(a)(8).

24904(b) 45:851(a)(3)

(proviso).

24904(c)(1) 45:851(a)(6) (words

after 8th comma).

24904(c)(2) 45:562(a)(2)

(2d-5th sentences).

24904(c)(3) 45:562(a)(2) (last

sentence).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "the purposes of"

are omitted as surplus. The words "this part" are substituted for

"this subchapter, the Rail Passenger Service Act [45 U.S.C. 501 et

seq.]" for clarity because subchapter III of chapter 17 of title

45, United States Code, and the Rail Passenger Service Act make up

part C of subtitle V of the revised title. In clause (1), the words

"by purchase, lease, exchange, gift, or otherwise, and to hold . .

. sell, lease, or otherwise", "real or personal", and "which is

necessary or" are omitted as surplus. The words "to provide" are

substituted for "establishing and maintaining" for consistency in

this chapter. In clause (2), the words "for the United States, by

lease, purchase, condemnation, or otherwise" and "(including lands,

easements, and rights-of-way, and any other property interests,

including contract rights) are omitted as surplus. In clause (3),

the words "the continuous operation and maintenance of" are omitted

as surplus. In clause (4), the words "Washington" and "at its

option" are omitted as surplus. In clause (5), the words "other

safety facilities or equipment . . . any" and "which it determines

are" are omitted as surplus. In clause (6), the words

"Notwithstanding any other provision of this chapter", "tracks,

rights-of-way and other", and "by the Corporation" in 45:562(a)(2)

(1st sentence) and "other railroads" and "trackage rights, contract

services, and other appropriate" in 45:851(a)(6) are omitted as

surplus. In clause (7), the words "qualified individual to serve as

the" are omitted as surplus. In clause (8), the words "on a basis

which is consistent with, and" are omitted as surplus.

In subsection (c)(1), the words "shall provide for" are

substituted for "to be on such terms and conditions as are

necessary to" to eliminate unnecessary words. The word "reasonable"

is substituted for "on an equitable and fair basis" for consistency

in the revised title.

In subsection (c)(2), the words "If the parties do not" are

substituted for "In the event of a failure to" for clarity. The

words "to be provided", "consistent with equitable and fair

compensation principles", "proper amount of", "the provision of",

and "the date of" are omitted as surplus.

In subsection (c)(3), the words "either before or" are omitted as

surplus because the National Railroad Passenger Corporation may

make agreements on arrangements for rail freight or commuter rail

transportation under subsection (a)(6) of this section and this

subsection applies only when there is no agreement.

PUB. L. 103-429

This amends 49:24904(a)(2) to correct an error in the

codification enacted by section 1 of the Act of July 5, 1994

(Public Law 103-272, 108 Stat. 934).

-REFTEXT-

REFERENCES IN TEXT

The Regional Rail Reorganization Act of 1973, referred to in

subsecs. (a) and (c)(2), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat.

985, as amended, which is classified principally to chapter 16

(Sec. 701 et seq.) of Title 45, Railroads. For complete

classification of this Act to the Code, see Short Title note set

out under section 701 of Title 45 and Tables.

The Railroad Revitalization and Regulatory Reform Act of 1976,

referred to in subsecs. (a)(6) and (c)(2), is Pub. L. 94-210, Feb.

5, 1976, 90 Stat. 31, as amended. For complete classification of

this Act to the Code, see Short Title note set out under section

801 of Title 45 and Tables.

-MISC2-

AMENDMENTS

1997 - Subsec. (a)(6) to (8). Pub. L. 105-134 inserted "and" at

end of par. (6), substituted a period for "; and" at end of par.

(7), and struck out par. (8) which read as follows: "make

agreements with telecommunications common carriers, subject to the

Communications Act of 1934 (47 U.S.C. 151 et seq.), to continue

existing, and establish new and improved, passenger radio mobile

telephone service in the high-speed rail passenger transportation

area specified in section 24902(a)(1) and (2)."

1994 - Subsec. (a)(2). Pub. L. 103-429 inserted ", by

condemnation or otherwise," after "acquire".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-TRANS-

ABOLITION OF INTERSTATE COMMERCE COMMISSION AND TRANSFER OF

FUNCTIONS

Interstate Commerce Commission abolished and functions of

Commission transferred, except as otherwise provided in Pub. L.

104-88, to Surface Transportation Board effective Jan. 1, 1996, by

section 702 of this title, and section 101 of Pub. L. 104-88, set

out as a note under section 701 of this title. References to

Interstate Commerce Commission deemed to refer to Surface

Transportation Board, a member or employee of the Board, or

Secretary of Transportation, as appropriate, see section 205 of

Pub. L. 104-88, set out as a note under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 24905, 24907 of this

title.

-End-

-CITE-

49 USC Sec. 24905 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 249 - NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

-HEAD-

Sec. 24905. Coordination board and safety committee

-STATUTE-

(a) Northeast Corridor Coordination Board. - (1) The Northeast

Corridor Coordination Board is composed of the following members:

(A) one individual from each commuter authority (as defined in

section 1135(a) of the Omnibus Budget Reconciliation Act of 1981

(45 U.S.C. 1104)) that provides or makes a contract to provide

commuter rail passenger transportation over the main line of the

Northeast Corridor.

(B) 2 individuals selected by Amtrak.

(C) one individual selected by the Consolidated Rail

Corporation.

(2) The Board shall recommend to Amtrak -

(A) policies that ensure equitable access to the Northeast

Corridor, considering the need for equitable access by commuter

and intercity rail passenger transportation and the requirements

of section 24308(c) of this title; and

(B) equitable policies for the Northeast Corridor related to -

(i) dispatching;

(ii) public information;

(iii) maintaining equipment and facilities;

(iv) major capital facility investments; and

(v) harmonizing equipment acquisitions, rates, and schedules.

(3) The Board may recommend to the board of directors and

President of Amtrak action necessary to resolve differences on

providing transportation, except for facilities and transportation

matters under section 24308(a) or 24904(a)(5) and (c) of this

title.

(b) Northeast Corridor Safety Committee. - (1) The Northeast

Corridor Safety Committee is composed of members appointed by the

Secretary of Transportation. The members shall be representatives

of -

(A) the Secretary;

(B) Amtrak;

(C) freight carriers operating more than 150,000 train miles a

year on the main line of the Northeast Corridor;

(D) commuter agencies;

(E) rail passengers;

(F) rail labor; and

(G) other individuals and organizations the Secretary decides

have a significant interest in rail safety.

(2) The Secretary shall consult with the Committee about safety

improvements on the Northeast Corridor main line. The Committee

shall meet at least once every 2 years to consider safety matters

on the main line.

(3) At the beginning of the first session of each Congress, the

Secretary shall submit a report to Congress on the status of

efforts to improve safety on the Northeast Corridor main line. The

report shall include the safety recommendations of the Committee

and the comments of the Secretary on those recommendations.

(4) The Committee shall cease to exist on January 1, 1999, or on

another date the Secretary decides is appropriate. The Secretary

shall notify Congress in writing of a decision to terminate the

Committee on another date.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 935.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24905(a)(1) 45:585(c). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

505(c); added Jan. 14, 1983,

Pub. L. 97-468, Sec. 508(2),

96 Stat. 2554.

24905(a)(2) 45:585(a). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

505(a), (b); added Aug. 13,

1981, Pub. L. 97-35, Sec.

1137, 95 Stat. 650; Jan. 14,

1983, Pub. L. 97-468, Sec.

508(1), 96 Stat. 2554.

24905(a)(3) 45:585(b).

24905(b) 45:431 (note). June 22, 1988, Pub. L.

100-342, Sec. 11, 102 Stat.

629; Sept. 3, 1992, Pub. L.

102-365, Sec. 18, 106 Stat.

982.

--------------------------------------------------------------------

In subsection (a)(2), before clause (A), the words "develop and"

are omitted as surplus. In clause (B)(v), the word "rates" is

substituted for "fares, tariffs" for consistency in the revised

title and with other titles of the United States Code.

In subsection (a)(3), the words "of opinions" and "(among or

between the Corporation, Amtrak Commuter, other railroads, commuter

authorities, and other State, local, and regional agencies

responsible for the provision of commuter rail, rapid rail, or rail

freight service), with respect to all matters" are omitted as

surplus. The words "for facilities and transportation matters

under" are substituted for "those conferred on the Commission in"

for clarity.

In subsection (b)(1), the words "Within 30 days after the date of

enactment of this Act . . . shall establish" are omitted as

executed.

In subsection (b)(3), the words "each Congress" are substituted

for "the 103rd Congress, and biennially thereafter" to eliminate

unnecessary words. The words "pursuant to the provisions of this

section" are omitted as unnecessary.

-End-

-CITE-

49 USC Sec. 24906 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 249 - NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

-HEAD-

Sec. 24906. Eliminating highway at-grade crossings

-STATUTE-

(a) Plan. - In consultation with the States on the main line of

the Northeast Corridor, the Secretary of Transportation shall

develop a plan not later than September 30, 1993, to eliminate all

highway at-grade crossings of the main line by not later than

December 31, 1997. The plan may provide that eliminating a crossing

is not required if -

(1) impracticable or unnecessary; and

(2) using the crossing is consistent with conditions the

Secretary considers appropriate to ensure safety.

(b) Amtrak's Share of Costs. - Amtrak shall pay 20 percent of the

cost of eliminating each highway at-grade crossing under the plan.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 936.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24906(a) 45:650(a), (b). Oct. 30, 1970, Pub. L.

91-518, 84 Stat. 1327, Sec.

811; added Oct. 27, 1992,

Pub. L. 102-533, Sec. 2, 106

Stat. 3515.

24906(b) 45:650(c).

--------------------------------------------------------------------

-End-

-CITE-

49 USC Sec. 24907 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 249 - NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

-HEAD-

Sec. 24907. Note and mortgage

-STATUTE-

(a) General Authority. - To secure amounts expended by the United

States Government to acquire and improve rail property designated

under section 206(c)(1)(C) and (D) of the Regional Rail

Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(C) and (D)), the

Secretary of Transportation may obtain a note of indebtedness from,

and make a mortgage agreement with, Amtrak to establish a mortgage

lien on the property for the Government. The note and mortgage may

not supersede section 24904 of this title.

(b) Exemptions From Laws and Regulations. - The note and

agreement under subsection (a) of this section, and a transaction

related to the note or agreement, are exempt from any United

States, State, or local law or regulation that regulates securities

or the issuance of securities. The note, agreement, or transaction

under this section has the same immunities from other laws that

section 601 of the Act (45 U.S.C. 791) gives to transactions that

comply with or carry out the final system plan. The transfer of

rail property because of the note, agreement, or transaction has

the same exemptions, privileges, and immunities that the Act (45

U.S.C. 701 et seq.) gives to a transfer ordered or approved by the

special court under section 303(b) of the Act (45 U.S.C. 743(b)).

(c) Immunity From Liability and Indemnification. - Amtrak, its

board of directors, and its individual directors are not liable

because Amtrak has given or issued the note or agreement to the

Government under subsection (a) of this section. Immunity granted

under this subsection also applies to a transaction related to the

note or agreement. The Government shall indemnify Amtrak, its

board, and individual directors against costs and expenses actually

and reasonably incurred in defending a civil action testing the

validity of the note, agreement, or transaction.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 936.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24907(a) 45:854(e). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

704(e)-(g); added Oct. 19,

1976, Pub. L. 94-555, Sec.

217(c), 90 Stat. 2627.

24907(b) 45:854(f).

24907(c) 45:854(g).

--------------------------------------------------------------------

In subsection (a), the words "In order . . . protect and",

"securing such expenditure", "infringe upon or", and "the authority

conferred upon the National Railroad Passenger Corporation by" are

omitted as surplus.

In subsections (b) and (c), the words "note" and "agreement" are

substituted for "agreement, security, or obligation" for

consistency because the Secretary of Transportation gets only notes

and mortgage agreements under the source provisions restated in

subsection (a) of this section.

In subsection (b), the words "obtained by the Secretary" and "the

provisions of subtitle IV of title 49, the Securities Act of 1933

(15 U.S.C. 77a et seq.), and . . . other" are omitted as surplus.

The words "has the same" are substituted for "shall enjoy all of

the" for clarity. The words "conveyance or" are omitted, and the

word "transfer" is substituted for "conveyances", for consistency

in this subtitle. The words "(including section 303(e) thereof [45

U.S.C. 743(e)])" are omitted as surplus. The words "section 303(b)"

are substituted for "section 306(b)" to correct a mistake in

section 217(c) of the Rail Transportation Improvement Act (Public

Law 94-555, 90 Stat. 2628).

In subsection (c), the words "to any party for any damages, or in

any other matter" are omitted as surplus. The word "because" is

substituted for 'by reason of the fact that" to eliminate

unnecessary words. The words "related to the note or agreement" are

substituted for "in connection with" for clarity. The words "all"

and "(including fees of accountants, experts, and attorneys)" are

omitted as surplus. The words "a civil action" are substituted for

"any litigation" for consistency with rule 2 of the Federal Rules

of Civil Procedure (28 App. U.S.C.). The words "legal" and "given,

issued, or entered into" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The Regional Rail Reorganization Act of 1973, referred to in

subsecs. (a) and (b), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat.

985, as amended, which is classified principally to chapter 16

(Sec. 701 et seq.) of Title 45, Railroads. For complete

classification of this Act to the Code, see Short Title note set

out under section 701 of Title 45 and Tables.

-TRANS-

ABOLITION OF SPECIAL COURT, REGIONAL RAIL REORGANIZATION ACT OF

1973, AND TRANSFER OF FUNCTIONS

Special court abolished and all jurisdiction and functions

transferred to United States District Court for District of

Columbia, see section 719(b)(2) of Title 45, Railroads.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 45 section 719.

-End-

-CITE-

49 USC Sec. 24908 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 249 - NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

-HEAD-

Sec. 24908. Transfer taxes and levies and recording charges

-STATUTE-

A transfer of an interest in rail property under this chapter is

exempt from a tax or levy related to the transfer that is imposed

by the United States Government, a State, or a political

subdivision of a State. On payment of the appropriate and generally

applicable charge for the service performed, a transferee or

transferor may record an instrument and, consistent with the final

system plan, the release or removal of a pre-existing lien or

encumbrance of record related to the interest transferred.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 937.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24908 45:743(e) (words Jan. 2, 1974, Pub. L.

"title VII of the 93-236, 87 Stat. 985, Sec.

Railroad 303(e) (words "title VII of

Revitalization and the Railroad Revitalization

Regulatory Reform and Regulatory Reform Act of

Act of 1976 [45 1976 or of"); added Feb. 5,

U.S.C. 851 et seq.] 1976, Pub. L. 94-210, Sec.

or of"). 601(d), 90 Stat. 84; Sept.

30, 1976, Pub. L. 94-436,

Sec. 5 (related to title

VII), 90 Stat. 1399.

--------------------------------------------------------------------

The words "or conveyances", "(whether real, personal, or mixed)",

"which are made at any time", "the purposes of", "imposts", "or on

the recording of deeds, bills of sale, liens, encumbrances, or

other instruments evidencing, effectuating, or incident to any such

transfers or conveyances, whether imposed on the transferor or on

the transferee", "now or hereafter", "to compensate . . . the cost

of", "such deeds, bills of sale, liens, encumbrances, or other",

and "the designations and applicable principles in" are omitted as

surplus.

-End-

-CITE-

49 USC Sec. 24909 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART C - PASSENGER TRANSPORTATION

CHAPTER 249 - NORTHEAST CORRIDOR IMPROVEMENT PROGRAM

-HEAD-

Sec. 24909. Authorization of appropriations

-STATUTE-

(a) General. - (1) Not more than $2,313,000,000 may be

appropriated to the Secretary of Transportation to achieve the

goals of section 24902(a)(1) (!1) of this title. From this amount,

the following amounts shall be expended by Amtrak:

(A) at least $27,000,000 for equipment modification and

replacement that a State or a local or regional transportation

authority must bear because of the electrification conversion

system of the Northeast Corridor under this chapter.

(B) $30,000,000 -

(i) to improve the main line track between the Northeast

Corridor main line and Atlantic City, New Jersey, to ensure

that the track, consistent with a plan New Jersey developed in

consultation with Amtrak to provide rail passenger

transportation between the Northeast Corridor main line and

Atlantic City, New Jersey, would be of sufficient quality to

allow safe rail passenger transportation at a minimum of 79

miles an hour not later than September 30, 1985; and

(ii) to promote rail passenger use of the track.

(C) necessary amounts to -

(i) develop Union Station in the District of Columbia;

(ii) install 189 track-miles, and renew 133 track-miles, of

concrete ties with continuously welded rail between the

District of Columbia and New York, New York;

(iii) install reverse signaling between Philadelphia,

Pennsylvania, and Morrisville, Pennsylvania, on numbers 2 and 3

track;

(iv) restore ditch drainage in concrete tie locations between

the District of Columbia and New York, New York;

(v) undercut 83 track-miles between the District of Columbia

and New York, New York;

(vi) rehabilitate bridges between the District of Columbia

and New York, New York (including Hi line);

(vii) develop a maintenance of way equipment repair facility

between the District of Columbia and New York, New York, and

build maintenance of way bases at Philadelphia, Pennsylvania,

Sunnyside, New York, and Cedar Hill, Connecticut;

(viii) stabilize the roadbed between the District of Columbia

and New York, New York;

(ix) automate the Bush River Drawbridge at milepost 72.14;

(x) improve the New York Service Facility to develop rolling

stock repair capability;

(xi) install a rail car washer facility at Philadelphia,

Pennsylvania;

(xii) restore storage tracks and buildings at the Washington

Service Facility;

(xiii) install centralized traffic control from Landlith,

Delaware, to Philadelphia, Pennsylvania;

(xiv) improve track, including high speed surfacing, ballast

cleaning, and associated equipment repair and material

distribution;

(xv) rehabilitate interlockings between the District of

Columbia and New York, New York;

(xvi) paint the Connecticut River, Groton, and Pelham Bay

bridges;

(xvii) provide additional catenary renewal and power supply

upgrading between the District of Columbia and New York, New

York;

(xviii) rehabilitate structural, electrical, and mechanical

systems at the 30th Street Station in Philadelphia,

Pennsylvania;

(xix) install evacuation and fire protection facilities in

tunnels in New York, New York;

(xx) improve the communication and signal systems between

Wilmington, Delaware, and Boston, Massachusetts, on the

Northeast Corridor main line, and between Philadelphia,

Pennsylvania, and Harrisburg, Pennsylvania, on the Harrisburg

Line;

(xxi) improve the electric traction systems between

Wilmington, Delaware, and Newark, New Jersey;

(xxii) install baggage rack restraints, seat back guards, and

seat lock devices on 348 passenger cars operating in the

Northeast Corridor;

(xxiii) install 44 event recorders and 10 electronic warning

devices on locomotives operating within the Northeast Corridor;

and

(xxiv) acquire cab signal test boxes and install 9 wayside

loop code transmitters for use within the Northeast Corridor.

(2) The following additional amounts may be appropriated to the

Secretary for expenditure by Amtrak:

(A) not more than $150,000,000 to achieve the goal of section

24902(a)(3) (!1) of this title.

(B) not more than $120,000,000 to acquire interests in property

in the Northeast Corridor.

(C) not more than $650,000 to develop and use mobile radio

frequencies for passenger radio mobile telephone service on

high-speed rail passenger transportation.

(D) not more than $20,000,000 to acquire and improve interests

in rail property designated under section 206(c)(1)(D) of the

Regional Rail Reorganization Act of 1973 (45 U.S.C.

716(c)(1)(D)).

(E) not more than $37,000,000 to carry out section 24902(a)(7)

and (j) (!1) of this title.

(b) Emergency Maintenance. - Not more than $25,000,000 of the

amount appropriated under the Act of February 28, 1975 (Public Law

94-6, 89 Stat. 11), may be used by Amtrak for emergency maintenance

on rail property designated under section 206(c)(1)(C) of the

Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(C)).

(c) Priority in Using Certain Amounts. - Amounts appropriated

under subsection (a)(2)(B) and (D) of this section shall be used

first to repay, with interest, obligations guaranteed under section

602 of the Rail Passenger Service Act, if the proceeds of those

obligations were used to pay the expenses of acquiring interests in

property referred to in subsection (a)(2)(B) and (D).

(d) Prohibition on Subsidizing Commuter and Freight Operating

Losses. - Amounts appropriated under this section may not be used

to subsidize operating losses of commuter rail or rail freight

transportation.

(e) Substituting and Deferring Certain Improvements. - (1) A

project for which amounts are authorized under subsection (a)(1)(C)

of this section is a part of the Northeast Corridor improvement

program and is not a substitute for improvements specified in the

document "Corridor Master Plan II, NECIP Restructured Program" of

January, 1982. However, Amtrak may defer the project to carry out

the improvement and rehabilitation for which amounts are authorized

under subsection (a)(1)(B) of this section. The total cost of the

project that Amtrak defers may not be substantially more than the

amount Amtrak is required to expend or reserve under subsection

(a)(1)(B).

(2) Section 24902 of this title is deemed not to be fulfilled

until the projects under subsection (a)(1)(C) of this section are

completed.

(f) Availability of Amounts. - Amounts appropriated under

subsection (a)(1) and (2)(A) and (C)-(E) of this section remain

available until expended.

(g) Authorizations Increased by Prior Year Deficiencies. - An

amount greater than that authorized for a fiscal year may be

appropriated to the extent that the amount appropriated for any

prior fiscal year is less than the amount authorized for that year.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 937.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

24909(a)(1) 45:854(a) (1st Feb. 5, 1976, Pub. L.

sentence). 94-210, 90 Stat. 31, Sec.

704(a) (1st sentence); added

Aug. 13, 1981, Pub. L.

97-35, Sec. 1193(1), 95

Stat. 701.

45:854(a) (2d Feb. 5, 1976, Pub. L.

sentence cl. (1) 94-210, Sec. 704(a) (2d

(less sentence), 90 Stat. 122;

availability)). Oct. 19, 1976, Pub. L.

94-555, Sec. 217(a), (b), 90

Stat. 2627; Oct. 5, 1978,

Pub. L. 95-421, Sec. 9, 92

Stat. 928; May 30, 1980,

Pub. L. 96-254, Sec. 204(a),

94 Stat. 411; Jan. 14, 1983,

Pub. L. 97-468, Sec. 301(2),

96 Stat. 2548; June 22,

1988, Pub. L. 100-342, Sec.

6, 102 Stat. 627.

45:855(b). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

705(b); added May 30, 1980,

Pub. L. 96-254, Sec. 206(a),

94 Stat. 413; Jan. 14, 1983,

Pub. L. 97-468, Sec.

301(5)(B), 96 Stat. 2550.

24909(a) 45:854(a) (2d

(2)(A) sentence cl. (2)

(less

availability)).

45:855(b).

24909(a) 45:854(a) (2d

(2)(B)-(E) sentence cls.

(3)(A)-(D) (1st

sentence), (4)) (as

2d sentence cls.

(3)(A)-(D) (1st

sentence), (4)

relate to other

than availability).

45:855(b).

24909(b) 45:854(d). Feb. 5, 1976, Pub. L.

94-210, Sec. 704(d), 90

Stat. 123.

45:855(b).

24909(c) 45:854(a) (2d

sentence cl. (3)(D)

(last sentence)).

24909(d) 45:854(b)(1) Feb. 5, 1976, Pub. L.

(related to 854). 94-210, Sec. 704(b)(1)

(related to Sec. 704), 90

Stat. 123; Jan. 14, 1983,

Pub. L. 97-468, Sec.

301(4)(A), 96 Stat. 2549.

24909(e) 45:854(b)(2). Feb. 5, 1976, Pub. L.

94-210, 90 Stat. 31, Sec.

704(b)(2); added Jan. 14,

1983, Pub. L. 97-468, Sec.

301(4)(B), 96 Stat. 2549.

45:855(b).

24909(f) 45:854(a) (2d

sentence cls.

(1)-(3)(D) (1st

sentence), (4)) (as

2d sentence cls.

(1)-(3)(D) (1st

sentence), (4)

relate to

availability).

24909(g) 45:854(a) (3d Feb. 5, 1976, Pub. L.

sentence). 94-210, 90 Stat. 31, Sec.

704(a) (3d sentence); added

Aug. 13, 1981, Pub. L.

97-35, Sec. 1193(2), 95

Stat. 702.

45:854(a) (4th-last Feb. 5, 1976, Pub. L.

sentences). 94-210, 90 Stat. 31, Sec.

704(a) (4th-last sentences);

added Jan. 14, 1983, Pub. L.

97-468, Sec. 301(3), 96

Stat. 2549.

--------------------------------------------------------------------

In subsections (a) and (f), the text of 45:854(a) (2d sentence

cl. (3)(A)) is omitted as executed.

In subsection (a)(1), before clause (A), the text of 45:854(a)

(1st sentence) is omitted as surplus because of section 24902(a) of

the revised title. In clause (B)(i), the words "if the National

Railroad Passenger Corporation receives notification on or before

June 1, 1983, from . . . that such State has approved" and "and if

such Corporation determines that such plan is feasible" are omitted

as executed. The words "rehabilitation and other . . . (including

upgrading track and the signal system, ensuring safety at public

and private highway and pedestrian crossings by improving signals

or eliminating such crossings, and the improvement of operational

portions of stations related to intercity rail passenger service)"

are omitted as surplus. In clause (C), before subclause (i), the

words "with respect to the main line of the Northeast Corridor" are

omitted as surplus. In subclauses (i), (ii), (iv)-(viii), (xv), and

(xvii), the word "Washington" is omitted as surplus. In subclause

(xx), the words "at locations" are omitted as surplus.

In subsection (a)(2)(C), the words "passenger radio mobile

telephone service on high-speed rail passenger transportation" are

substituted for "high-speed rail passenger rail telephone service"

for consistency in this chapter.

In subsection (a)(2)(D), the word "rail" is added for consistency

in the revised title.

In subsection (b), the words "After the conveyance of rail

properties, pursuant to section 303(b) of the Regional Rail

Reorganization Act of 1973 (45 U.S.C. 743(b)) and section 851(b) of

this title" are omitted as executed. The words "remain available

to" and "the purpose of performing" are omitted as surplus.

In subsection (c), the words "that portion of . . . issued by the

National Railroad Passenger Corporation and" are omitted as

surplus.

In subsection (e)(1), the words "to be appropriated", "undertaken

or viewed as", "entitled", and "prepared for the United States

Department of Transportation, Federal Railroad Administration,

Northeast Corridor Improvement Project, in cooperation with the

Federal Railroad Administration and the National Railroad Passenger

Corporation (Amtrak), by Deleuw, Cather/Parsons, NECIP

architect/engineer" are omitted as surplus. The words "for which

amounts are authorized under" are substituted for "described in"

for clarity. The words "for expenditure" are omitted as surplus.

In subsection (g), the text of 45:854(a) (3d, 5th, and last

sentences) is omitted as executed. The words "An amount greater

than that authorized for a fiscal year" are substituted for "Funds

. . . in excess of limitations imposed under the preceding sentence

with respect to a fiscal year, or for fiscal years after the fiscal

year ending September 30, 1983" to eliminate unnecessary and

obsolete words. The words "under this section" are omitted as

surplus. The words "amount authorized" are substituted for

"limitation under such sentence" for consistency.

-REFTEXT-

REFERENCES IN TEXT

Section 24902 of this title, referred to in subsecs. (a)(1),

(2)(A), (E), was amended by Pub. L. 105-134, title IV, Sec.

405(b)(1), Dec. 2, 1997, 111 Stat. 2586, and, as so amended,

subsec. (a) of that section was repealed and subsecs. (b), (j), and

(m) were redesignated (a), (g), and (j), respectively.

Act of February 28, 1975 (Public Law 94-6, 89 Stat. 11), referred

to in subsec. (b), provided appropriations for interim operating

assistance for Federal Railroad Administration of Department of

Transportation in chapter II which is not classified to the Code.

Section 602 of the Rail Passenger Service Act, referred to in

subsec. (c), was classified to section 602 of Title 45, Railroads,

prior to repeal by Pub. L. 102-533, Sec. 7(c), Oct. 27, 1992, 106

Stat. 3519.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 40 section 6907.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

49 USC PART D - HIGH-SPEED RAIL 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE V - RAIL PROGRAMS

PART D - HIGH-SPEED RAIL

-HEAD-

PART D - HIGH-SPEED RAIL

-MISC1-

PRIOR PROVISIONS

A prior part D, consisting of chapter 261, was redesignated part

E of this subtitle by Pub. L. 103-440, title I, Sec. 103(a)(1),

Nov. 2, 1994, 108 Stat. 4616.

-End-