
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: 45USC701]

 
                           TITLE 45--RAILROADS
 
                CHAPTER 16--REGIONAL RAIL REORGANIZATION
 
                    SUBCHAPTER I--GENERAL PROVISIONS
 
Sec. 701. Congressional declaration of policy


(a) Findings

    The Congress finds and declares that--
        (1) Essential rail service in the midwest and northeast region 
    of the United States is provided by railroads which are today 
    insolvent and attempting to undergo reorganization under the 
    Bankruptcy Act.
        (2) This essential rail service is threatened with cessation or 
    significant curtailment because of the inability of the trustees of 
    such railroads to formulate acceptable plans for reorganization. 
    This rail service is operated over rail properties which were 
    acquired for a public use, but which have been permitted to 
    deteriorate and now require extensive rehabilitation and 
    modernization.
        (3) The public convenience and necessity require adequate and 
    efficient rail service in this region and throughout the Nation to 
    meet the needs of commerce, the national defense, the environment, 
    and the service requirements of passengers, United States mail, 
    shippers, States and their political subdivisions, and consumers.
        (4) Continuation and improvement of essential rail service in 
    this region is also necessary to preserve and maintain adequate 
    national rail services and an efficient national rail transportation 
    system.
        (5) Rail service and rail transportation offer economic and 
    environmental advantages with respect to land use, air pollution, 
    noise levels, energy efficiency and conservation, resource 
    allocation, safety, and cost per ton-mile of movement to such extent 
    that the preservation and maintenance of adequate and efficient rail 
    service is in the national interest.
        (6) These needs cannot be met without substantial action by the 
    Federal Government.

(b) Purposes

    It is therefore declared to be the purpose of Congress in this 
chapter to provide for--
        (1) the identification of a rail service system in the midwest 
    and northeast region which is adequate to meet the needs and service 
    requirements of this region and of the national rail transportation 
    system;
        (2) the reorganization of railroads in this region into an 
    economically viable system capable of providing adequate and 
    efficient rail service to the region;
        (3) the establishment of the United States Railway Association, 
    with enumerated powers and responsibilities;
        (4) the establishment of the Consolidated Rail Corporation, with 
    enumerated powers and responsibilities;
        (5) assistance to States and local and regional transportation 
    authorities for continuation of local rail services threatened with 
    cessation; and
        (6) necessary Federal financial assistance at the lowest 
    possible cost to the general taxpayer.

(Pub. L. 93-236, title I, Sec. 101, Jan. 2, 1974, 87 Stat. 986.)

                       References in Text

    The Bankruptcy Act, referred to in subsec. (a)(1), is act July 1, 
1898, ch. 541, 30 Stat. 544, as amended, which was classified generally 
to former Title 11, Bankruptcy. The Act was repealed effective Oct. 1, 
1979, by Pub. L. 95-598, Secs. 401(a), 402(a), Nov. 6, 1978, 92 Stat. 
2682, section 101 of which enacted revised Title 11. For current 
provisions relating to railroad reorganization, see subchapter IV 
(Sec. 1161 et seq.) of chapter 11 of Title 11.


                      Short Title of 1978 Amendment

    Pub. L. 95-565, Sec. 1, Nov. 1, 1978, 92 Stat. 2397, provided: 
``That this Act [amending sections 726, 747, and 825 of this title and 
section 975 of Title 43, Public Lands, and enacting provision set out as 
a note under section 975 of Title 43] may be cited as the `United States 
Railway Association Amendments Act of 1978'.''


                      Short Title of 1976 Amendment

    Pub. L. 94-555, title II, Sec. 201, Oct. 19, 1976, 90 Stat. 2616, 
provided that: ``This title [amending sections 702, 711, 716, 720, 721, 
743, 744, 771, 774, 775, 779, 823, 824, 825, 826, 829, 831, and 854 of 
this title, section 960 of Title 20, Education, sections 1a, 5, 5c, 13, 
15, 17, 22, 26c, and 1653 of former Title 49, Transportation, and 
enacting provisions set out as notes under section 80a-3 of Title 15, 
Commerce and Trade, and sections 1a and 1654 of former Title 49] may be 
cited as the `Rail Amendments of 1976'.''


                      Short Title of 1975 Amendment

    Pub. L. 94-5, Sec. 1, Feb. 28, 1975, 89 Stat. 7, provided: ``That 
this Act [enacting section 794 of this title and amending sections 712, 
715, 716, 717, 721, 723, 725, and 743 of this title] may be cited as the 
`Regional Rail Reorganization Act Amendments of 1975'.''


                               Short Title

    Section 1 of Pub. L. 93-236 provided in part that this Act [enacting 
this chapter and amending section 856 of former Title 31, Money and 
Finance, and section 1(16) of former Title 49, Transportation], may be 
cited as the ``Regional Rail Reorganization Act of 1973''.


                              Separability

    Section 604 of Pub. L. 93-236 provided that: ``If any provision of 
this Act [enacting this chapter and amending section 856 of former Title 
31, Money and Finance, and section 1(16) of former Title 49, 
Transportation] or the application thereof to any person or 
circumstances is held invalid, the remainder of this Act and the 
application of such provision to other persons or circumstances shall 
not be affected thereby.''

Abolition of United States Railway Association and Transfer of Functions 
                             and Securities

    See section 1341 of this title.
