
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 45USC717]

 
                           TITLE 45--RAILROADS
 
                CHAPTER 16--REGIONAL RAIL REORGANIZATION
 
            SUBCHAPTER II--UNITED STATES RAILWAY ASSOCIATION
 
Sec. 717. Adoption of final system plan


(a) Preliminary system plan

    (1) Within 420 days after January 2, 1974, the Association shall 
adopt and release a preliminary system plan prepared by it on the basis 
of reports and other information submitted to it by the Secretary, the 
Office, and interested persons in accordance with this chapter and on 
the basis of its own investigations, consultations, research, 
evaluation, and analysis pursuant to this chapter. Copies of the 
preliminary system plan shall be transmitted by the Association to the 
Secretary, the Office, the Governor and public utility commission of 
each State in the region, the Congress, each court having jurisdiction 
over a railroad in reorganization in the region, the special court, and 
interested persons, and a copy shall be published in the Federal 
Register. The Association shall invite and afford interested persons an 
opportunity to submit comments on the preliminary system plan to the 
Association within 60 days after the date of its release.
    (2) The Office is authorized and directed to hold public hearings on 
the preliminary system plan and to make available to the Association a 
summary and analysis of the evidence received in the course of such 
proceedings, together with its critique and evaluation of the 
preliminary system plan, not later than 60 days after the date of 
release of such plan. The Office is authorized to hold public hearings 
on any supplement to the preliminary system plan and to make available 
to the Association a summary and analysis of the evidence received in 
the course of such proceedings, together with its critique and 
evaluation of such supplement, not later than 30 days after the release 
of such supplement.

(b) Approval

    (1) Within 120 days after January 2, 1974, each United States 
district court or other court having jurisdiction over a railroad in 
reorganization shall decide whether the railroad is reorganizable on an 
income basis within a reasonable time under section 77 of the Bankruptcy 
Act and that the public interest would be better served by continuing 
the present reorganization proceedings than by a reorganization under 
this chapter. Within 60 days after the submission of the report by the 
Office, under section 715(d)(1) of this title, on the Secretary's report 
on rail services in the region, each United States district court or 
other court having jurisdiction over a railroad in reorganization shall 
decide whether or not such railroad shall be reorganized by means of 
transferring some of its rail properties to the Corporation pursuant to 
the provisions of this chapter. Because of the strong public interest in 
the continuance of rail transportation in the region pursuant to a 
system plan devised under the provisions of this chapter, each such 
court shall order that the reorganization be proceeded with pursuant to 
this chapter unless it (1) has found that the railroad is reorganizable 
on an income basis within a reasonable time under section 77 of the 
Bankruptcy Act and that the public interest would be better served by 
such a reorganization than by a reorganization under this chapter, or 
(2) finds that this chapter does not provide a process which would be 
fair and equitable to the estate of the railroad in reorganization in 
which case it shall dismiss the reorganization proceeding. If a court 
does not enter an order or make a finding as required by this 
subsection, the reorganization shall be proceeded with pursuant to this 
chapter. An appeal from an order made under this section may be made 
only to the special court. Appeal to the special court shall be taken 
within 10 days following entry of an order pursuant to this subsection, 
and the special court shall complete its review and render its decision 
within 80 days after such appeal is taken. There shall be no review of 
the decision of the special court.
    (2) Whenever it has been finally determined pursuant to the 
procedures of paragraph (1) of this subsection, that the reorganization 
of a railroad subject to reorganization under section 77 of the 
Bankruptcy Act shall not be proceeded with pursuant to this chapter, the 
court having jurisdiction over such railroad may, upon a petition which 
is filed within 10 days after February 28, 1975, by the trustees of such 
railroad, reconsider such order. Such reorganization court shall (i) 
affirm its previous order or (ii) issue an order that the reorganization 
of such railroad be proceeded with pursuant to this chapter unless it 
finds that this chapter does not provide a process which would be fair 
and equitable. The provisions of paragraph (1) of this subsection are 
applicable in such reconsideration, except that (A) such reorganization 
court shall make its decision within 30 days after such petition is 
filed, and (B) any decision by the special court on appeal from such a 
decision shall be rendered within 30 days after such reorganization 
court decision is made. There shall be no review of the decision of the 
special court. The Association shall take any steps it finds necessary, 
consistent with time limitations and other provisions of this chapter, 
to effectuate the consequences of such a revised order, including the 
preparation and submission of any necessary or appropriate supplements 
to the preliminary system plan.

(c) Adoption

    Within 540 days after January 2, 1974, the executive committee of 
the Association shall prepare and submit a final system plan for the 
approval of the Board of Directors of the Association. A copy of such 
submission shall be simultaneously presented to the Commission. The 
submission shall reflect evaluation of all responses and summaries of 
responses received, testimony at any public hearings, and the results of 
additional study and review. Within 30 days thereafter, the Board of 
Directors of the Association shall by a majority vote of all its members 
approve a final system plan which meets all of the requirements of 
section 716 of this title.

(d) Review of Commission

    Within 30 days following the adoption of the final system plan by 
the Association under subsection (c) of this section and the submission 
of such plan to Congress under section 718(a) of this title, the 
Commission shall submit to the Congress an evaluation of the final 
system plan delivered to both Houses of Congress.

(Pub. L. 93-236, title II, Sec. 207, Jan. 2, 1974, 87 Stat. 998; Pub. L. 
93-488, Sec. 1(a), (b), Oct. 26, 1974, 88 Stat. 1464; Pub. L. 94-5, 
Sec. 4, Feb. 28, 1975, 89 Stat. 7.)

                       References in Text

    Section 77 of the Bankruptcy Act, referred to in subsec. (b)(1), 
(2), was classified to section 205 of former Title 11, Bankruptcy. The 
Bankruptcy Act (act July 1, 1898, ch. 541, 30 Stat. 544, as amended) 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.
    Section 715(d)(1) of this title, referred to in subsec. (b)(1), is a 
reference to section 715(d)(1) prior to amendment by Pub. L. 94-210. 
Section 715 was repealed by Pub. L. 95-473, Sec. 4(b), Oct. 17, 1978, 92 
Stat. 1466, the first section of which enacted subtitle IV (Sec. 10101 
et seq.) of Title 49, Transportation.


                               Amendments

    1975--Subsec. (a)(2). Pub. L. 94-5, Sec. 4(b), inserted provisions 
authorizing the Office to hold public hearings on supplements to the 
preliminary system plan and to make available to the Association a 
summary and analysis of the evidence received in the course of such 
proceedings, together with its critique and evaluation of the supplement 
not later than 30 days after the release of the supplement.
    Subsec. (b). Pub. L. 94-5, Sec. 4(a), designated existing provisions 
as par. (1) and added par. (2).
    1974--Subsec. (a)(1). Pub. L. 93-488, Sec. 1(a), substituted ``420'' 
for ``300''.
    Subsec. (c). Pub. L. 93-488, Sec. 1(b), substituted ``540'' for 
``420''.

 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 this title.

  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.

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

    See section 1341 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 702, 716, 719, 721 of this 
title.
