
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: 45USC791]

 
                           TITLE 45--RAILROADS
 
                CHAPTER 16--REGIONAL RAIL REORGANIZATION
 
                 SUBCHAPTER VI--MISCELLANEOUS PROVISIONS
 
Sec. 791. Relationship to other laws


(a) Antitrust

    (1) Except as specifically provided in paragraph (2) of this 
subsection, no provision of this chapter shall be deemed to convey to 
any railroad or employee or director thereof any immunity from civil or 
criminal liability, or to create defenses to actions, under the 
antitrust laws.
    (2) The antitrust laws are inapplicable with respect to any action 
taken to formulate or implement the final system plan where such action 
was in compliance with the requirements of such plan and with respect to 
any action taken to formulate or implement any supplemental transaction.
    (3) As used in this subsection, ``antitrust laws'' includes the Act 
of July 2, 1890 (ch. 647, 26 Stat. 209), as amended; the Act of October 
15, 1914 (ch. 323, 38 Stat. 730), as amended; the Federal Trade 
Commission Act (38 Stat. 717), as amended [15 U.S.C. 41 et seq.], 
sections 73 and 74 of the Act of August 27, 1894 (28 Stat. 570), as 
amended [15 U.S.C. 8, 9]; the Act of June 19, 1936 (ch. 592, 49 Stat. 
1526), as amended; and the antitrust laws of any State or subdivision 
thereof.

(b) Commerce, securities, and bankruptcy

    (1) The provisions of subtitle IV of title 49 and the Bankruptcy 
Act, are inapplicable (A) to actions taken under this chapter to 
formulate and implement the final system plan where such action was in 
compliance with the requirements of such plan, and (B) to actions taken 
under this chapter to formulate or implement any supplemental 
transaction.
    (2) All securities of the Corporation which are issued to the 
Association as the initial holder, or which are issued in connection 
with the transfer to the Corporation or a subsidiary thereof of rail 
properties under this chapter, shall be deemed for all purposes to have 
been issued subject to and authorized pursuant to section 11301 \1\ of 
title 49.
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    \1\ See References in Text note below.
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    (3) The provisions of section 77e of title 15, shall not apply to 
transactions involving the issuance of any security of the Corporation 
to the Association, transactions involving the issuance of any security 
of the Corporation that is deposited with the special court pursuant to 
section 743(a) of this title, or transactions involving the issuance or 
distribution of any security of the Corporation, where the terms and 
conditions of such issuance or distribution are approved by the special 
court pursuant to section 743(c) of this title.
    (4) The powers and duties of the Commission under section 77 of the 
Bankruptcy Act, with respect to a railroad in reorganization in the 
region which conveys all or substantially all of its designated rail 
properties to the Corporation or a subsidiary thereof, or to profitable 
railroads in the region, pursuant to the final system plan, and the 
requirement that plans of reorganization be filed with the Commission, 
shall cease upon the date of such conveyance. The powers and duties of 
the Commission under section 77 of the Bankruptcy Act shall also so 
terminate, as of February 5, 1976, with respect to any railroad in 
reorganization under such section 77 but not subject to this chapter 
which (1) does not operate any line of railroad, and (2) has transferred 
all or substantially all of its rail properties to a railroad in 
reorganization in the region which was subject to this chapter prior to 
February 5, 1976. Thereafter, such powers and duties of the Commission 
shall be vested in the district court of the United States which has 
jurisdiction of the estate of any such railroad in reorganization at the 
time of such conveyance. Such court shall proceed to reorganize or 
liquidate such railroad in reorganization pursuant to such section 77 on 
such terms as the court deems just and reasonable, or pursuant to any 
other provisions of the Bankruptcy Act, if the court finds that such 
action would be in the best interests of such estate. This paragraph 
does not affect any obligation of any carrier by railroad subject to 
regulation under subtitle IV of title 49. The powers and duties of the 
Commission under section 77 of the Bankruptcy Act shall continue in 
effect only to the extent that the railroad in reorganization continues 
to operate any line of railroad.

(c) Environment

    The provisions of section 4332(2)(C) of title 42 shall not apply 
with respect to any action taken under authority of this chapter before, 
and including, the conveyance of rail properties ordered by the special 
court under section 743 (b)(1) of this title, and shall not apply 
thereafter to any action taken in compliance with the requirements of 
the final system plan.

(d) Northeast Corridor

    (1) Rail properties designated in accordance with section 
716(c)(1)(C) of this title shall be purchased or leased by the National 
Railroad Passenger Corporation. The Corporation shall negotiate an 
appropriate sale or lease agreement with the National Railroad Passenger 
Corporation for the properties designated for transfer pursuant to 
section 716(c)(1)(C) of this title, which shall take effect on the date 
of conveyance of such properties to the Corporation.
    (2) Properties acquired by purchase, lease, or otherwise pursuant to 
this subsection shall be improved in order to meet the goal set forth in 
section 716(a)(3) of this title, relating to improved highspeed 
passenger service, by the earliest practicable date after January 2, 
1974.
    (3) The Secretary shall begin the necessary engineering studies and 
improvements on January 2, 1974.
    (4) The final system plan shall provide for any necessary 
coordination with freight or commuter services of use of the facilities 
designated in section 716(c)(1)(C) of this title. Such coordination may 
be effectuated through a single operating entity, designated in the 
final system plan, or as mutually agreed upon by the interested parties.
    (5) Construction or improvements made pursuant to this subsection 
may be made in consultation with the Corps of Engineers.

(Pub. L. 93-236, title VI, Sec. 601(a)-(d), Jan. 2, 1974, 87 Stat. 1021; 
Pub. L. 94-210, title VI, Sec. 618, title VII, Sec. 706(b), formerly 
Sec. 705(b), Feb. 5, 1976, 90 Stat. 117, 123, renumbered Pub. L. 96-254, 
title II, Sec. 206(a), May 30, 1980, 94 Stat. 412.)

                       References in Text

    Act of July 2, 1890 (ch. 647, 26 Stat. 209), as amended, referred to 
in subsec. (a)(3), is known as the Sherman Act, which is classified to 
sections 1 to 7 of Title 15, Commerce and Trade. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 1 of Title 15 and Tables.
    Act of October 15, 1914 (ch. 323, 38 Stat. 730), as amended, 
referred to in subsec. (a)(3), is known as the Clayton Act, which is 
classified to sections 12, 13, 14 to 19, 20, 21, and 22 to 27 of Title 
15, and sections 52 and 53 of Title 29, Labor. For further details and 
complete classification of this Act to the Code, see References in Text 
note set out under section 12 of Title 15 and Tables.
    The Federal Trade Commission Act (38 Stat. 717), as amended, 
referred to in subsec. (a)(3), is act Sept. 26, 1914, ch. 311, 38 Stat. 
717, as amended, which is classified generally to subchapter I (Sec. 41 
et seq.) of chapter 2 of Title 15. For complete classification of this 
Act to the Code, see section 58 of Title 15 and Tables.
    Sections 73 and 74 of the Act of August 27, 1894, referred to in 
subsec. (a)(3), are sections 73 and 74 of act Aug. 27, 1894, ch. 349, 28 
Stat. 570. Sections 73 to 77 of this Act are known as the Wilson Tariff 
Act. Sections 73 to 76 enacted sections 8 to 11 of Title 15. Section 77 
was not classified to the Code. For complete classification of this Act 
to the Code, see Short Title note set out under section 8 of Title 15 
and Tables.
    Act of June 19, 1936 (ch. 592, 49 Stat. 1526), as amended, referred 
to in subsec. (a)(3), is popularly known as the Robinson-Patman 
Antidiscrimination Act, which enacted sections 13a, 13b, and 21a of 
Title 15, and amended section 13 of Title 15. For complete 
classification of this Act to the Code, see Tables.
    The Bankruptcy Act, referred to in subsec. (b)(1), (4), is act July 
1, 1898, ch. 541, 30 Stat. 544, as amended, which was classified 
generally to former Title 11, Bankruptcy. Section 77 of this Act was 
classified to section 205 of former Title 11. 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.
    Section 11301 of title 49, referred to in subsec. (b)(2), was 
omitted and a new section 11301 enacted in the general amendment of 
subtitle IV of Title 49, Transportation, by Pub. L. 104-88, title I, 
Sec. 102(a), Dec. 29, 1995, 109 Stat. 804, 837. The new section 11301 
does not relate to issuance of securities. Previously, in subsec. 
(b)(2), ``section 11301 of title 49'' was substituted for ``section 20a 
of the Interstate Commerce Act (49 U.S.C. 20a)'' on authority of Pub. L. 
95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first section of 
which enacted subtitle IV (Sec. 10101 et seq.) of Title 49.

                          Codification

    In subsec. (b)(1), (4), ``subtitle IV of title 49'' substituted for 
``the Interstate Commerce Act (49 U.S.C. 1 et seq.)'' on authority of 
Pub. L. 95-473, Sec. 3(b), Oct. 17, 1978, 92 Stat. 1466, the first 
section of which enacted subtitle IV (Sec. 10101 et seq.) of Title 49, 
Transportation.
    A subsec. (e) of section 601 of Pub. L. 93-236, which was designated 
in the original as ``Emergency Service'', amended section 1(16) of 
former Title 49, Transportation.


                               Amendments

    1976--Subsec. (a)(2). Pub. L. 94-210, Sec. 618(a), inserted 
provision relating to any action to formulate or implement any 
supplemental transaction.
    Subsec. (b). Pub. L. 94-210, Sec. 618(b), redesignated existing 
provisions as par. (1), substituted provisions relating to 
inapplicability to actions under this chapter to formulate and implement 
the final system plan and any supplemental transaction, for provisions 
relating to inapplicability to transactions under this chapter to the 
extent necessary to formulate and implement the final system plan 
whenever a provision of the Interstate Commerce or Bankruptcy Act is 
inconsistent with this chapter, and added pars. (2) to (4).
    Subsec. (c). Pub. L. 94-210, Sec. 618(c), substituted provisions 
relating to inapplicability to action taken before, and including, the 
conveyance of rail properties under section 743(b)(1) of this title, and 
action taken thereafter in compliance with the requirements of the final 
system plan, for provisions relating to inapplicability to action taken 
before the effective date of the final system plan.
    Subsec. (d)(1). Pub. L. 94-210, Sec. 705(b), substituted mandatory 
for discretionary authority for purchase of properties by the 
Corporation and provisions relating to negotiations for properties for 
transfer pursuant to section 716(c)(1)(C) of this title, for provisions 
relating to negotiations as provided in the final system plan.

 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.


           Applicability of National Environmental Policy Act

    Section 619 of title VI of Pub. L. 94-210 provided that: ``Nothing 
in this title [enacting sections 726 and 745 to 747 of this title and 
amending sections 702, 711 to 713, 716, 718 to 721, 724, 725, 741, 743, 
744, 771, 772, 774, 775, 778, 779, and 791 of this title, and section 
856 of former Title 31, Money and Finance] shall affect the application 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) to actions of the Commission.''

                  Section Referred to in Other Sections

    This section is referred to in sections 716, 719, 741, 742, 743 of 
this title; title 11 section 1166; title 49 section 24907.
