Source
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 934; Pub. L. 103–429, § 6(22), Oct. 31, 1994, 108 Stat. 4380; Pub. L. 105–134, title IV, § 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, § 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, § 705(b); added May 30, 1980, Pub. L. 96–254, § 206(a), 94 Stat. 413; Jan. 14, 1983, Pub. L. 97–468, § 301(5)(B), 96 Stat. 2550. |
| 24904(a)(2) |
| 45:854(h). |
| Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 704(h); added May 30, 1980, Pub. L. 96–254, § 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. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 402(a)(2); added Feb. 5, 1976, Pub. L. 94–210, § 706(a), 90 Stat. 123; May 30, 1980, Pub. L. 96–254, § 206(a), 94 Stat. 412; Apr. 7, 1986, Pub. L. 99–272, § 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 (§ 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.