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45 U.S.C. § 1116 — Applicability of other laws

Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1116 — Applicability of other laws

**(a)** The provisions of chapters 5 and 7 of title 5 (popularly known as the Administrative Procedure Act and including provisions popularly known as the Government in the Sunshine Act), chapter 10 of title 5, section 102(2)(C) of the National Environmental Policy Act of 1969 [[42 U.S.C. 4332(2)(C)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4332/2/C&num=0&edition=prelim)], division A of subtitle III of title 54, and [section 303 of title 49](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section303&num=0&edition=prelim) are inapplicable to actions taken in negotiating, approving, or implementing service transfers under title IV of the Regional Rail Reorganization Act of 1973 [[45 U.S.C. 761](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section761&num=0&edition=prelim) et seq.] 11 See References in Text note below. and to the implementation of the sale of the interest of the United States in Conrail under the Conrail Privatization Act [[45 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title45-section1301&num=0&edition=prelim) et seq.]. **(b)** The operation of trains by Conrail shall not be subject to the requirement of any State or local law which specifies the minimum number of crew members who must be employed in connection with the operation of such trains.

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Source location: Title 45, Chapter 20, § 1116; chapter-020-northeast-rail-service.md

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1301 — Findings

The Congress finds that— (1) the bankruptcy of the Penn Central and other railroads in the Northeast and Midwest resulted in a transportation emergency which required the intervention of the Federal Government; (2) the United States Government created the Consolidated Rail Corporation, which provides essential rail service to the Northeast and Midwest; (3) the future of rail service in the Northeast and Midwest is essential and must be protected through rail service obligations, consistent with the transfer of the Corporation to the private sector; (4) the Northeast Rail Service Act of 1981 has achieved its purpose in allowing the Corporation to become financially self-sustaining; (5) the Federal Government has invested over $7,000,000,000 in providing rail service to the Northeast and Midwest; (6) the Government, as a result of its ownership and investment of taxpayer dollars in the Corporation, controls substantial assets, including cash of approximately $1,000,000,000; (7) the Corporation’s viability and sound performance allow it to be sold to the American public for a substantial sum through a public offering; (8) a public offering of the Corporation’s stock will preserve competitive rail service in the region, provide a reasonable return to the Government, and protect employment; (9) the Corporation’s employees contributed significantly to the turnaround in the Corporation’s financial performance and they should share in the Corporation’s success through a settlement of their claims for reimbursement for wages below industry standard, and a share in the common equity of the Corporation; (10) the requirements of section 761(e) 11 See References in Text note below. of this title are met by this chapter; and (11) the Secretary of Transportation has dischar

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45 U.S.C. § 701 — Congressional declaration of policy

**(a) Findings** The Congress finds and declares that— (1) Essential rail service in the midwest and northeast region of the United States is provided by railroads which are today insolvent and attempting to undergo reorganization under the Bankruptcy Act. (2) This essential rail service is threatened with cessation or significant curtailment because of the inability of the trustees of such railroads to formulate acceptable plans for reorganization. This rail service is operated over rail properties which were acquired for a public use, but which have been permitted to deteriorate and now require extensive rehabilitation and modernization. (3) The public convenience and necessity require adequate and efficient rail service in this region and throughout the Nation to meet the needs of commerce, the national defense, the environment, and the service requirements of passengers, United States mail, shippers, States and their political subdivisions, and consumers. (4) Continuation and improvement of essential rail service in this region is also necessary to preserve and maintain adequate national rail services and an efficient national rail transportation system. (5) Rail service and rail transportation offer economic and environmental advantages with respect to land use, air pollution, noise levels, energy efficiency and conservation, resource allocation, safety, and cost per ton-mile of movement to such extent that the preservation and maintenance of adequate and efficient rail service is in the national interest. (6) These needs cannot be met without substantial action by the Federal Government. **(b) Purposes** It is therefore declared to be the purpose of Congress in this chapter to provide for— (1) the identification of a rail service system in the midwest and

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Federal law — U.S. Code and appendices · legal_authorities

39 U.S.C. § 410 — Application of other laws

**(a)** Except as provided by subsection (b) of this section, and except as otherwise provided in this title or insofar as such laws remain in force as rules or regulations of the Postal Service, no Federal law dealing with public or Federal contracts, property, works, officers, employees, budgets, or funds, including the provisions of chapters 5 and 7 of title 5, shall apply to the exercise of the powers of the Postal Service. **(b)** The following provisions shall apply to the Postal Service: (1) section 552 (public information), section 552a (records about individuals), section 552b (open meetings), section 3102 (employment of personal assistants for blind, deaf, or otherwise handicapped employees), section 3110 (restrictions on employment of relatives), section 3333 and chapters 72 (antidiscrimination; right to petition Congress) and 73 (suitability, security, and conduct of employees), section 5520 (withholding city income or employment taxes), and section 5532 11 See References in Text note below. (dual pay) of title 5, except that no regulation issued under such chapters or section shall apply to the Postal Service unless expressly made applicable; (2) all provisions of title 18 dealing with the Postal Service, the mails, and officers or employees of the Government of the United States; (3) [section 107 of title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section107&num=0&edition=prelim) (known as the Randolph-Sheppard Act, relating to vending machines operated by the blind); (4) the following provisions of title 40: (A) sections 3114–3116, 3118, 3131, 3133, and 3141–3147; and (B) chapters 37 and 173; (5) chapters 65 and 67 of title 41; (6) sections 2000d, 2000d–1—2000d–4 of title 42 (title VI, the Civil Rights Act of 196

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 303 — Policy on lands, wildlife and waterfowl refuges, and historic sites

**(a)** It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. **(b)** The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities. **(c) Approval of Programs and Projects.—** Subject to subsections (d) and (h), the Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 11 See References in Text note below. of title 23) requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if— (1) there is no prudent and feasible alternative to using that land; and (2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use. **(d) De Minimis Impacts.—** (1) **Requirements.—** (A) *Requirements for historic sites.—* — The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 552b — Open meetings

**(a)** For purposes of this section— (1) the term “agency” means any agency, as defined in section 552(e) 11 See References in Text note below. of this title, headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency; (2) the term “meeting” means the deliberations of at least the number of individual agency members required to take action on behalf of the agency where such deliberations determine or result in the joint conduct or disposition of official agency business, but does not include deliberations required or permitted by subsection (d) or (e); and (3) the term “member” means an individual who belongs to a collegial body heading an agency. **(b)** Members shall not jointly conduct or dispose of agency business other than in accordance with this section. Except as provided in subsection (c), every portion of every meeting of an agency shall be open to public observation. **(c)** Except in a case where the agency finds that the public interest requires otherwise, the second sentence of subsection (b) shall not apply to any portion of an agency meeting, and the requirements of subsections (d) and (e) shall not apply to any information pertaining to such meeting otherwise required by this section to be disclosed to the public, where the agency properly determines that such portion or portions of its meeting or the disclosure of such information is likely to— (1) disclose matters that are (A) specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign policy and (B) in fact properly classified

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4332 — Congressional declaration of national environmental policy

**(a)** The Congress, recognizing the profound impact of man’s activity on the interrelations of all components of the natural environment, particularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recognizing further the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man, declares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all practicable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive harmony, and fulfill the social, economic, and other requirements of present and future generations of Americans. **(b)** In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential considerations of national policy, to improve and coordinate Federal plans, functions, programs, and resources to the end that the Nation may— (1) fulfill the responsibilities of each generation as trustee of the environment for succeeding generations; (2) assure for all Americans safe, healthful, productive, and esthetically and culturally pleasing surroundings; (3) attain the widest range of beneficial uses of the environment without degradation, risk to health or safety, or other undesirable and unintended consequences; (4) preserve important historic, cultural, and natural aspects of our national heritag

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 4332 — Cooperation of agencies; reports; avail-

Page 6139 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 4332 (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. J.R. BIDEN, JR. SUBCHAPTER I—POLICIES AND GOALS § 4331. Congressional declaration of national en- vironmental policy (a) The Congress, recognizing the profound im- pact of man’s activity on the interrelations of all components of the natural environment, par- ticularly the profound influences of population growth, high-density urbanization, industrial expansion, resource exploitation, and new and expanding technological advances and recog- nizing further the critical importance of restor- ing and maintaining environmental quality to the overall welfare and development of man, de- clares that it is the continuing policy of the Federal Government, in cooperation with State and local governments, and other concerned public and private organizations, to use all prac- ticable means and measures, including financial and technical assistance, in a manner calculated to foster and promote the general welfare, to create and maintain conditions under which man and nature can exist in productive har- mony, and fulfill the social, economic, and other requirements of present and future generations of Americans. (b) In order to carry out the policy set forth in this chapter, it is the continuing responsibility of the Federal Government to use all practicable means, consistent with other essential consider- ations of national policy, to improve and coordi- nate Federal plans, functions, programs, and re- sources to the end that the Nati

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 4332

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1116 — Applicability of other laws

Page 247 TITLE 45—RAILROADS § 1201 1 See References in Text note below. tion 743 of this title. Subsec. (c) of section 1167, which was set out as subsec. (b) of this section and which pro- vided that the clerk of the special court convey to the Secretary certain series B preferred stock and common stock of Conrail on deposit with the court, and author- ized the Secretary to hold and exercise all rights to such Conrail securities, was repealed by Pub. L. 99–509, title IV, § 4033(c)(1)(C)(i)(IV), Oct. 21, 1986, 100 Stat. 1908. § 1116. Applicability of other laws (a) The provisions of chapters 5 and 7 of title 5 (popularly known as the Administrative Proce- dure Act and including provisions popularly known as the Government in the Sunshine Act), chapter 10 of title 5, section 102(2)(C) of the Na- tional Environmental Policy Act of 1969 [42 U.S.C. 4332(2)(C)], division A of subtitle III of title 54, and section 303 of title 49 are inappli- cable to actions taken in negotiating, approv- ing, or implementing service transfers under title IV of the Regional Rail Reorganization Act of 1973 [45 U.S.C. 761 et seq.] 1 and to the imple- mentation of the sale of the interest of the United States in Conrail under the Conrail Pri- vatization Act [45 U.S.C. 1301 et seq.]. (b) The operation of trains by Conrail shall not be subject to the requirement of any State or local law which specifies the minimum num- ber of crew members who must be employed in connection with the operation of such trains. (Pub. L. 97–35, title XI, § 1168, Aug. 13, 1981, 95 Stat. 687; Pub. L. 99–509, title IV, § 4033(c)(1)(B), Oct. 21, 1986, 100 Stat. 1908; Pub. L. 113–287, § 5(m)(1), Dec. 19, 2014, 128 Stat. 3271; Pub. L. 117–286, § 4(a)(288), Dec. 27, 2022, 136 Stat. 4337.) Editorial No

Source: Supplied 2024 U.S. Code historical extraction · 45 U.S.C. § 1116

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 1301 — Findings

Page 261 TITLE 45—RAILROADS § 1303 1 See References in Text note below. Sec. 1312. Public offering. 1313. Fees. PART B—OTHER MATTERS RELATING TO SALE 1321. Rail service obligations. 1322. Ownership limitations. 1323. Board of Directors. 1324. Certain enforcement relief. PART C—MISCELLANEOUS PROVISIONS 1341. Abolition of United States Railway Associa- tion. 1342. Exemption from liability. 1343. Charter amendment. 1344. Status of Conrail after sale. 1345. Effect on contracts. 1346. Resolution of certain issues. 1347. Tax treatment of Conrail public sale. SUBCHAPTER I—GENERAL PROVISIONS § 1301. Findings The Congress finds that— (1) the bankruptcy of the Penn Central and other railroads in the Northeast and Midwest resulted in a transportation emergency which required the intervention of the Federal Gov- ernment; (2) the United States Government created the Consolidated Rail Corporation, which pro- vides essential rail service to the Northeast and Midwest; (3) the future of rail service in the Northeast and Midwest is essential and must be pro- tected through rail service obligations, con- sistent with the transfer of the Corporation to the private sector; (4) the Northeast Rail Service Act of 1981 has achieved its purpose in allowing the Corpora- tion to become financially self-sustaining; (5) the Federal Government has invested over $7,000,000,000 in providing rail service to the Northeast and Midwest; (6) the Government, as a result of its ownership and investment of taxpayer dollars in the Corporation, controls substantial as- sets, including cash of approximately $1,000,000,000; (7) the Corporation’s viability and sound per- formance allow it to be sold to the American public for a substantial sum through a public

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Federal law — U.S. Code and appendices · legal_authorities

45 U.S.C. § 761 — Untitled legal text

Page 210 TITLE 45—RAILROADS §§ 761 to 769c 1 So in original. Section 10903(b) of Title 49, Transportation, does not contain a par. (3). 2 See References in Text note below. (d) Offers of financial assistance (1) The provisions of section 10904 of title 49 (including the timing requirements of sub- section (d) thereof) shall apply to any offer of fi- nancial assistance under subsection (b) or (c) of this section. (2) The Corporation shall provide any person that intends to make an offer of financial assist- ance under subsection (b) or (c) of this section with such information as the Commission may require. (e) Liquidation (1) If any application for abandonment is granted under subsection (b) of this section, the Commission shall, as soon as practicable, ap- praise the net liquidation value of the line to be abandoned, and shall publish notice of such ap- praisal in the Federal Register. (2) Appraisals made under paragraph (1) shall not be appealable. (3)(A) If, within 120 days after the date on which an appraisal is published in the Federal Register under paragraph (1), the Corporation receives a bona fide offer for the sale, for 75 per- cent of the amount at which the liquidation value of such line was appraised by the Commis- sion, of the line to be abandoned, the Corpora- tion shall sell such line and the Commission shall, unless the parties otherwise agree, estab- lish an equitable division of joint rates for through routes over such lines. (B) If the Corporation receives no bona fide offer under subparagraph (A), within such 120- day period, the Corporation may abandon or dis- pose of the line as it chooses, except that the Corporation may not dismantle bridges, or other structures (not including rail, signals, and other rail facilitie

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