
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: 49USC24904]

 
                        TITLE 49--TRANSPORTATION
 
                        SUBTITLE V--RAIL PROGRAMS
 
                    PART C--PASSENGER TRANSPORTATION
 
           CHAPTER 249--NORTHEAST CORRIDOR IMPROVEMENT PROGRAM
 
Sec. 24904. General authority

    (a) General.--To carry out this chapter and the Regional Rail 
Reorganization Act of 1973 (45 U.S.C. 701 et seq.), Amtrak may--
        (1) acquire, maintain, and dispose of any interest in property 
    used to provide improved high-speed rail transportation under 
    section 24902 of this title;
        (2) acquire, by condemnation or otherwise, any interest in real 
    property that Amtrak considers necessary to carry out the goals of 
    section 24902;
        (3) provide for rail freight, intercity rail passenger, and 
    commuter rail passenger transportation over property acquired under 
    this section;
        (4) improve rail rights of way between Boston, Massachusetts, 
    and the District of Columbia (including the route through 
    Springfield, Massachusetts, and routes to Harrisburg, Pennsylvania, 
    and Albany, New York, from the Northeast Corridor main line) to 
    achieve the goals of section 24902 of providing improved high-speed 
    rail passenger transportation between Boston, Massachusetts, and the 
    District of Columbia, and intermediate intercity markets;
        (5) acquire, build, improve, and install passenger stations, 
    communications and electric power facilities and equipment, public 
    and private highway and pedestrian crossings, and other facilities 
    and equipment necessary to provide improved high-speed rail 
    passenger transportation over rights of way improved under clause 
    (4) of this subsection;
        (6) make agreements with other carriers and commuter authorities 
    to grant, acquire, or make arrangements for rail freight or commuter 
    rail passenger transportation over, rights of way and facilities 
    acquired under the Regional Rail Reorganization Act of 1973 (45 
    U.S.C. 701 et seq.) and the Railroad Revitalization and Regulatory 
    Reform Act of 1976 (45 U.S.C. 801 et seq.); and
        (7) appoint a general manager of the Northeast Corridor 
    improvement program.

    (b) Compensatory Agreements.--Rail freight and commuter rail 
passenger transportation provided under subsection (a)(3) of this 
section shall be provided under compensatory agreements with the 
responsible carriers.
    (c) Compensation for Transportation Over Certain Rights of Way and 
Facilities.--(1) An agreement under subsection (a)(6) of this section 
shall provide for reasonable reimbursement of costs but may not cross-
subsidize intercity rail passenger, commuter rail passenger, and rail 
freight transportation.
    (2) If the parties do not agree, the Interstate Commerce Commission 
shall order that the transportation continue over facilities acquired 
under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et 
seq.) and the Railroad Revitalization and Regulatory Reform Act of 1976 
(45 U.S.C. 801 et seq.) and shall determine compensation (without 
allowing cross-subsidization between intercity rail passenger and rail 
freight transportation) for the transportation not later than 120 days 
after the dispute is submitted. The Commission shall assign to a rail 
freight carrier obtaining transportation under this subsection the costs 
Amtrak incurs only for the benefit of the carrier, plus a proportionate 
share of all other costs of providing transportation under this 
paragraph incurred for the common benefit of Amtrak and the carrier. The 
proportionate share shall be based on relative measures of volume of car 
operations, tonnage, or other factors that reasonably reflect the 
relative use of rail property covered by this subsection.
    (3) This subsection does not prevent the parties from making an 
agreement under subsection (a)(6) of this section after the Commission 
makes a decision under this subsection.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 934; Pub. L. 103-
429, Sec. 6(22), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105-134, title 
IV, Sec. 405(b)(2), Dec. 2, 1997, 111 Stat. 2586.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
24904(a) (words before (1))...........  45:851(a) (words before (1)).    Feb. 5
, 1976, Pub. L. 94-210, Sec.
                                                                          701(a
)(1), (3)-(8), 90 Stat. 119.
24904(a)(1)...........................  45:851(a)(1).
                                        45:855(b).                       Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  705(b); added May 30, 1980,
                                                                          Pub. 
L. 96-254, Sec.  206(a), 94 Stat.
                                                                          413; 
Jan. 14, 1983, Pub. L. 97-468,
                                                                          Sec. 
 301(5)(B), 96 Stat. 2550.
24904(a)(2)...........................  45:854(h).                       Feb. 5
, 1976, Pub. L. 94-210, 90 Stat.
                                                                          31, S
ec.  704(h); added May 30, 1980,
                                                                          Pub. 
L. 96-254, Sec.  204(b), 94 Stat.
                                                                          411.
                                        45:855(b).
24904(a)(3)...........................  45:851(a)(3) (less proviso).
24904(a)(4)...........................  45:851(a)(4).
24904(a)(5)...........................  45:851(a)(5).
24904(a)(6)...........................  45:562(a)(2) (1st sentence).     Oct. 3
0, 1970, Pub. L. 91-518, 84 Stat.
                                                                          1327,
 Sec.  402(a)(2); added Feb. 5,
                                                                          1976,
 Pub. L. 94-210, Sec.  706(a), 90
                                                                          Stat.
 123; May 30, 1980, Pub. L. 96-
                                                                          254, 
Sec.  206(a), 94 Stat. 412; Apr.
                                                                          7, 19
86, Pub. L. 99-272, Sec.
                                                                          4017(
b)(2)-(5), 100 Stat. 111.
                                        45:851(a)(6) (words before 8th
                                         comma).
24904(a)(7)...........................  45:851(a)(7).
24904(a)(8)...........................  45:851(a)(8).
24904(b)..............................  45:851(a)(3) (proviso).
24904(c)(1)...........................  45:851(a)(6) (words after 8th
                                         comma).
24904(c)(2)...........................  45:562(a)(2) (2d-5th
                                         sentences).
24904(c)(3)...........................  45:562(a)(2) (last sentence).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the words ``the purposes of'' 
are omitted as surplus. The words ``this part'' are substituted for 
``this subchapter, the Rail Passenger Service Act [45 U.S.C. 501 et 
seq.]'' for clarity because subchapter III of chapter 17 of title 45, 
United States Code, and the Rail Passenger Service Act make up part C of 
subtitle V of the revised title. In clause (1), the words ``by purchase, 
lease, exchange, gift, or otherwise, and to hold . . . sell, lease, or 
otherwise'', ``real or personal'', and ``which is necessary or'' are 
omitted as surplus. The words ``to provide'' are substituted for 
``establishing and maintaining'' for consistency in this chapter. In 
clause (2), the words ``for the United States, by lease, purchase, 
condemnation, or otherwise'' and ``(including lands, easements, and 
rights-of-way, and any other property interests, including contract 
rights) are omitted as surplus. In clause (3), the words ``the 
continuous operation and maintenance of'' are omitted as surplus. In 
clause (4), the words ``Washington'' and ``at its option'' are omitted 
as surplus. In clause (5), the words ``other safety facilities or 
equipment . . . any'' and ``which it determines are'' are omitted as 
surplus. In clause (6), the words ``Notwithstanding any other provision 
of this chapter'', ``tracks, rights-of-way and other'', and ``by the 
Corporation'' in 45:562(a)(2) (1st sentence) and ``other railroads'' and 
``trackage rights, contract services, and other appropriate'' in 
45:851(a)(6) are omitted as surplus. In clause (7), the words 
``qualified individual to serve as the'' are omitted as surplus. In 
clause (8), the words ``on a basis which is consistent with, and'' are 
omitted as surplus.
    In subsection (c)(1), the words ``shall provide for'' are 
substituted for ``to be on such terms and conditions as are necessary 
to'' to eliminate unnecessary words. The word ``reasonable'' is 
substituted for ``on an equitable and fair basis'' for consistency in 
the revised title.
    In subsection (c)(2), the words ``If the parties do not'' are 
substituted for ``In the event of a failure to'' for clarity. The words 
``to be provided'', ``consistent with equitable and fair compensation 
principles'', ``proper amount of'', ``the provision of'', and ``the date 
of'' are omitted as surplus.
    In subsection (c)(3), the words ``either before or'' are omitted as 
surplus because the National Railroad Passenger Corporation may make 
agreements on arrangements for rail freight or commuter rail 
transportation under subsection (a)(6) of this section and this 
subsection applies only when there is no agreement.


                             Pub. L. 103-429

    This amends 49:24904(a)(2) to correct an error in the codification 
enacted by section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 
Stat. 934).

                       References in Text

    The Regional Rail Reorganization Act of 1973, referred to in 
subsecs. (a) and (c)(2), is Pub. L. 93-236, Jan. 2, 1974, 87 Stat. 985, 
as amended, which is classified principally to chapter 16 (Sec. 701 et 
seq.) of Title 45, Railroads. For complete classification of this Act to 
the Code, see Short Title note set out under section 701 of Title 45 and 
Tables.
    The Railroad Revitalization and Regulatory Reform Act of 1976, 
referred to in subsecs. (a)(6) and (c)(2), is Pub. L. 94-210, Feb. 5, 
1976, 90 Stat. 31, as amended. For complete classification of this Act 
to the Code, see Short Title note set out under section 801 of Title 45 
and Tables.


                               Amendments

    1997--Subsec. (a)(6) to (8). Pub. L. 105-134 inserted ``and'' at end 
of par. (6), substituted a period for ``; and'' at end of par. (7), and 
struck out par. (8) which read as follows: ``make agreements with 
telecommunications common carriers, subject to the Communications Act of 
1934 (47 U.S.C. 151 et seq.), to continue existing, and establish new 
and improved, passenger radio mobile telephone service in the high-speed 
rail passenger transportation area specified in section 24902(a)(1) and 
(2).''
    1994--Subsec. (a)(2). Pub. L. 103-429 inserted ``, by condemnation 
or otherwise,'' after ``acquire''.


                    Effective Date of 1994 Amendment

    Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 
of Pub. L. 103-429, set out as a note under section 321 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 this 
title, and section 101 of Pub. L. 104-88, set out as a note under 
section 701 of this title. 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 this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 24905, 24907 of this title.
