
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC1003]

 
                           TITLE 45--RAILROADS
 
          CHAPTER 19--ROCK ISLAND RAILROAD EMPLOYEE ASSISTANCE
 
Sec. 1003. Service continuation


(a) Situations requiring directed service; time period

    Notwithstanding the provisions of Public Law 96-131, the Commission 
shall order directed service for a period of not to exceed 90 days over 
any line of the Rock Island Railroad if the Secretary finds and 
certifies to the Commission that--
        (1) a lack of rail service exists which cannot be resolved by a 
    grant of interim operating authority over such line and grains or 
    foods are ready to be shipped to market; or
        (2) a lack of rail service exists which cannot be resolved by a 
    grant of interim operating authority over such line and a rail 
    carrier, shipper, State, or other interested party has expressed in 
    writing to the Secretary an interest in purchasing, leasing, or 
    rehabilitating the particular rail line or facility for purposes of 
    providing rail services, and there is a reasonable expectation that 
    such transaction will be consummated.

(b) Availability of funds

    (1) Not more than $15,000,000 of the funds available for expenditure 
by the Secretary out of the Railroad Rehabilitation and Improvement Fund 
established under title V of the Railroad Revitalization and Regulatory 
Reform Act of 1976 (45 U.S.C. 821 et seq.) may be made available by the 
Secretary to the Commission for purposes of providing directed service 
under this section and section 916(b) \1\ of this title.
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    \1\ See References in Text note below.
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    (2) Funds may be made available for directed service under this 
section without regard to the findings of the Secretary required under 
title V of the Railroad Revitalization and Regulatory Reform Act of 1976 
[45 U.S.C. 821 et seq.], and section 516 of such Act (45 U.S.C. 836) 
shall not apply to any directed service provided with such funds.

(c) Continuation of compensation terms for trackage rights, joint 
        facilities, etc.

    The terms of compensation for all trackage rights, joint facilities, 
and similar arrangements between other rail carriers and the trustee of 
the Rock Island Railroad which are in effect on or after March 15, 1980, 
on portions of the lines of the Rock Island Railroad involved in 
temporary emergency operations shall be continued in effect during the 
duration of the temporary emergency operating authority with the carrier 
providing temporary emergency service substituting for the trustee, 
except where the Rock Island Railroad has been given more favorable 
treatment by virtue of its bankruptcy. Such continuation shall not alter 
or affect the ultimate rights of other rail carriers under trackage 
rights, joint facilities, or similar arrangements nor prejudice the 
ultimate determination of any controversy or proceeding concerning 
rights of the parties with regard to assignment by the trustee of rights 
in or to the facilities or under the arrangements.

(Pub. L. 96-254, title I, Sec. 104, May 30, 1980, 94 Stat. 400; Pub. L. 
104-88, title III, Sec. 329(1), Dec. 29, 1995, 109 Stat. 952.)

                       References in Text

    Public Law 96-131, referred to in subsec. (a), is Pub. L. 96-131, 
Nov. 30, 1979, 93 Stat. 1023, known as the Department of Transportation 
and Related Agencies Appropriation Act, 1980, which enacted provisions 
set out as notes under former section 851 of this title, section 92 of 
Title 14, Coast Guard, and section 106 and former section 10344 of Title 
49, Transportation. For complete classification of this Act to the Code, 
see Tables.
    The Railroad Revitalization and Regulatory Reform Act of 1976, 
referred to in subsec. (b), is Pub. L. 94-210, Feb. 5, 1976, 90 Stat. 
31, as amended. Title V of the Railroad Revitalization and Regulatory 
Reform Act of 1976 is classified generally to subchapter II (Sec. 821 et 
seq.) of chapter 17 of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 801 of this 
title and Tables.
    Section 916(b) of this title, referred to in subsec. (b)(1), was 
repealed by Pub. L. 104-88, title III, Sec. 328, Dec. 29, 1995, 109 
Stat. 952.


                               Amendments

    1995--Subsec. (a). Pub. L. 104-88 substituted ``the provisions of 
Public Law 96-131'' for ``the provisions of section 11125 of title 49 or 
Public Law 96-131''.


                    Effective Date of 1995 Amendment

    Amendment by Pub. L. 104-88 effective Jan. 1, 1996, see section 2 of 
Pub. L. 104-88, set out as an Effective Date note under section 701 of 
Title 49, Transportation.

  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 Title 49, 
Transportation, and section 101 of Pub. L. 104-88, set out as a note 
under section 701 of Title 49. 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 Title 49.
