
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: 45USC718]

 
                           TITLE 45--RAILROADS
 
                CHAPTER 16--REGIONAL RAIL REORGANIZATION
 
            SUBCHAPTER II--UNITED STATES RAILWAY ASSOCIATION
 
Sec. 718. Review by Congress


(a) General

    The Board of Directors of the Association shall deliver the final 
system plan adopted by the Association to both Houses of Congress and to 
the Committee on Energy and Commerce of the House of Representatives and 
the Committee on Commerce, Science, and Transportation of the Senate. 
The final system plan shall be deemed approved at the end of the first 
period of 60 calendar days of continuous session of Congress after such 
date of transmittal unless either the House of Representatives or the 
Senate passes a resolution during such period stating that it does not 
favor the final system plan.

(b) Revised plan

    If either the House or the Senate passes a resolution of disapproval 
under subsection (a) of this section, the Association, with the 
cooperation and assistance of the Secretary and the Office, shall 
prepare, determine, and adopt a revised final system plan. Each such 
revised plan shall be submitted to Congress for review pursuant to 
subsection (a) of this section.

(c) Computation

    For purposes of this section--
        (1) continuity of session of Congress is broken only by an 
    adjournment sine die; and
        (2) the days on which either House is not in session because of 
    an adjournment of more than 3 days to a day certain are excluded in 
    the computation of the 60-day period.

(d) Additions

    (1) The supplemental report, dated September 18, 1975, to the final 
system plan, and the provisions of the Association's official errata 
supplement to the final system plan, dated December 1, 1975, including 
all designations made therein, shall be treated for all purposes as if 
they had been part of and included in the final system plan adopted by 
the Association and reviewed by the Congress. The final system plan 
shall, for all purposes, be deemed to be approved as modified and 
amended by such supplemental report and such supplement.
    (2) The Association may, upon petition of any State, modify the 
final system plan to make further designations with respect to rail 
properties of railroads in reorganization in the region designated for 
transfer to the Corporation under such plan, if such designations (A) 
are likely to result in improved rail service on such rail properties 
and connecting rail properties, and (B) would not materially impair the 
profitability of the Corporation. Such designations, including 
designations of such rail properties to a State, a profitable railroad, 
or a responsible person, may be made at any time prior to delivery of 
the final system plan to the special court under section 719(c) of this 
title. Such further designations shall be treated for all purposes as if 
they had been included in the final system plan adopted by the 
Association and reviewed by the Congress, and the final system plan 
shall for all purposes be deemed to be approved as modified by such 
designations. Any action of the Association with respect to any such 
petition shall not be subject to review by any court.
    (3)(A) Within 20 days after February 5, 1976, the Association may, 
by notice to the Congress and by publication in the Federal Register, 
modify, supplement, or add to the designations of rail properties in the 
final system plan if the Association finds such actions are necessary 
to--
        (i) achieve the efficient implementation of the final system 
    plan, or
        (ii) provide for the offer to profitable railroads of rail 
    properties designated in the final system plan to the Corporation, 
    if such properties are not essential in the operation of other rail 
    properties of the Corporation but are or would be integrally related 
    to the operation of rail properties of (or which are offered 
    pursuant to the final system plan to) such profitable railroad, or
        (iii) provide for the designation of additional rail properties 
    to the Corporation or to a subsidiary thereof to enable the 
    Corporation to serve efficiently a line of railroad designated to 
    the Corporation in the final system plan if such line does not 
    connect with any other line of railroad so designated to the 
    Corporation or if such line would be served more efficiently as a 
    consequence of such designation.

Any designation to a profitable railroad pursuant to this paragraph 
shall comply with the second sentence of section 716(d)(4) of this 
title, and shall only be made upon a finding by the Association that 
such designation is integrally related to an offer of rail properties to 
a profitable railroad in the final system plan, that the goals of the 
final system plan require that the rail properties be operated as a part 
of the rail properties included in such offer, and that the 
implementation of such designation will not materially and adversely 
affect the impact of such offer on the profitability of the Corporation 
or any profitable railroad operating in the region. Any designation to a 
profitable railroad pursuant to this subsection, which amends any prior 
offer, shall terminate 30 days after February 5, 1976, unless, prior to 
such date, such profitable railroad has notified the Association in 
writing of its acceptance of such amendment to the prior offer.
    (B) If a line of railroad or any segment thereof is designated for 
rail service in the final system plan, no designation may be made by the 
Association pursuant to this paragraph which would result in such line 
or segment not being so designated. Any designations made pursuant to 
this paragraph shall be treated for all purposes as if they had been 
included in the final system plan adopted by the Association and 
reviewed by the Congress. The final system plan shall for all purposes 
be deemed to be approved as amended by such designations.
    (C) Any designations made pursuant to this paragraph shall not be 
subject to review by any court.
    (D) Any labor agreements entered into under section 778 \1\ of this 
title shall be subject to further negotiations for any modifications 
which may be necessary to implement designations made pursuant to this 
paragraph.
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    \1\ See References in Text note below.
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(Pub. L. 93-236, title II, Sec. 208, Jan. 2, 1974, 87 Stat. 999; Pub. L. 
94-210, title VI, Sec. 601(e), Feb. 5, 1976, 90 Stat. 84; S. Res. 4, 
Feb. 4, 1977; H. Res. 549, Mar. 25, 1980.)

                       References in Text

    Section 778 of this title, referred to in subsec. (d)(3)(D), was 
repealed by Pub. L. 97-35, title XI, Sec. 1144(a)(1), Aug. 13, 1981, 95 
Stat. 669.


                               Amendments

    1976--Subsec. (d). Pub. L. 94-210 added subsec. (d).

                         Change of Name

    Committee on Interstate and Foreign Commerce of the House of 
Representatives changed to Committee on Energy and Commerce immediately 
prior to noon on Jan. 3, 1981, by House Resolution No. 549, Ninety-sixth 
Congress, Mar. 25, 1980. Committee on Energy and Commerce of House of 
Representatives treated as referring to Committee on Transportation and 
Infrastructure of House of Representatives, in case of provisions of law 
relating to railroads, railway labor, or railroad retirement and 
unemployment, by section 1(c)(1) of Pub. L. 104-14, set out as a note 
preceding section 21 of Title 2, The Congress.
    Committee on Commerce of the Senate abolished and replaced by 
Committee on Commerce, Science, and Transportation of the Senate, 
effective Feb. 11, 1977. See Rule XXV of Standing Rules of the Senate, 
as amended by Senate Resolution No. 4 (popularly cited as the 
``Committee System Reorganization Amendments of 1977''), approved Feb. 
4, 1977.

 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 United States Railway Association and Transfer of Functions 
                             and Securities

    See section 1341 of this title.


           Applicability of National Environmental Policy Act

    Application of National Environmental Policy Act to actions of 
Commission not affected by title VI of Pub. L. 94-210, see section 619 
of Pub. L. 94-210, set out as a note under section 791 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 702, 717, 719 of this title.
