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49 U.S.C. § 10906 — Exception
Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding section 10901 and subchapter II of chapter 113 of this title, and without the approval of the Board, a rail carrier providing transportation subject to the jurisdiction of the Board under this part may enter into arrangements for the joint ownership or joint use of spur, industrial, team, switching, or side tracks. The Board does not have authority under this chapter over construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks.
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Stable record: federal_law:legal_authorities:record_usc_8621a147065da2995edcd793
Source file: Laws/federal/codes/united-states-code/title-49/section-10906-exception--5333c5211c.md
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Source location: Title 49, Chapter 109, § 10906; chapter-109-licensing.md
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Notwithstanding section 10901 and subchapter II of chapter 113 of this title, and without the approval of the Board, a rail carrier providing transportation subject to the jurisdiction of the Board under this part may enter into arrangements for the joint ownership or joint use of spur, industrial, team, switching, or side tracks. The Board does not have authority under this chapter over construction, acquisition, operation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** The Surface Transportation Board is an independent establishment of the United States Government.
**(b) Membership.—**
(1) The Board shall consist of 5 members, to be appointed by the President, by and with the advice and consent of the Senate. Not more than 3 members may be appointed from the same political party.
(2) At all times—
(A) at least 3 members of the Board shall be individuals with professional standing and demonstrated knowledge in the fields of transportation, transportation regulation, or economic regulation; and
(B) at least 2 members shall be individuals with professional or business experience (including agriculture) in the private sector.
(3) The term of each member of the Board shall be 5 years and shall begin when the term of the predecessor of that member ends. An individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, shall be appointed for the remainder of that term. When the term of office of a member ends, the member may continue to serve until a successor is appointed and qualified, but for a period not to exceed one year. The President may remove a member for inefficiency, neglect of duty, or malfeasance in office.
(4) No individual may serve as a member of the Board for more than 2 terms. In the case of an individual appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of that individual was appointed, such individual may not be appointed for more than one additional term.
(5) A member of the Board may not have a pecuniary interest in, hold an official relation to, or own stock in or bonds of, a carrier providing transportation by any mode and may not engage in another busines
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 1301
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Federal law — U.S. Code and appendices · legal_authorities
When the Board approves an application to abandon or discontinue under section 10903, the Board shall find whether the rail properties that are involved in the proposed abandonment or discontinuance are appropriate for use for public purposes, including highways, other forms of mass transportation, conservation, energy production or transmission, or recreation. If the Board finds that the rail properties proposed to be abandoned are appropriate for public purposes and not required for continued rail operations, the properties may be sold, leased, exchanged, or otherwise disposed of only under conditions provided in the order of the Board. The conditions may include a prohibition on any such disposal for a period of not more than 180 days after the effective date of the order, unless the properties have first been offered, on reasonable terms, for sale for public purposes.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10905
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In this section, the term “financially responsible person” means a person who—
(1) is capable of paying the constitutional minimum value of the railroad line proposed to be acquired; and
(2) is able to assure that adequate transportation will be provided over such line for a period of not less than 3 years.
Such term includes a governmental authority but does not include a Class I or Class II rail carrier.
**(b)**
(1) When the Board finds that—
(A)
(i) the public convenience and necessity require or permit the sale of a particular railroad line under this section; or
(ii) a railroad line is on a system diagram map as required under [section 10903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10903&num=0&edition=prelim), but the rail carrier owning such line has not filed an application to abandon such line under [section 10903 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section10903&num=0&edition=prelim) before an application to purchase such line, or any required preliminary filing with respect to such application, is filed under this section; and
(B) an application to purchase such line has been filed by a financially responsible person,
the Board shall require the rail carrier owning the railroad line to sell such line to such financially responsible person at a price not less than the constitutional minimum value.
(2) For purposes of this subsection, the constitutional minimum value of a particular railroad line shall be presumed to be not less than the net liquidation value of such line or the going concern value of such line, whichever is greater.
**(c)**
(1) For purposes of this section, the Board may determine that the public convenience and nece
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 10907
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Federal law — U.S. Code and appendices · legal_authorities
Page 437
TITLE 49—TRANSPORTATION
§ 10906
(3) If a rail carrier receives more than one
offer to subsidize or purchase, it shall select the
offeror with whom it wishes to transact busi-
ness, and complete the subsidy or sale agree-
ment, or request that the Board establish the
conditions and amount of compensation before
the 40th day after the expiration of the 4-month
period described in subsection (c). If no agree-
ment on subsidy or sale is reached within such
40-day period and the Board has not been re-
quested to establish the conditions and amount
of compensation, any other offeror whose offer
was made within the 4-month period described
in subsection (c) may request that the Board es-
tablish the conditions and amount of compensa-
tion. If the Board has established the conditions
and amount of compensation, and the original
offer has been withdrawn, any other offeror
whose offer was made within the 4-month period
described in subsection (c) may accept the
Board’s decision within 20 days after such deci-
sion, and the Board shall require the carrier to
enter into a subsidy or sale agreement with such
offeror, if such subsidy or sale agreement incor-
porates the Board’s decision.
(4)(A) No purchaser of a line or portion of line
sold under this section may transfer or dis-
continue service on such line prior to the end of
the second year after consummation of the sale,
nor may such purchaser transfer such line, ex-
cept to the rail carrier from whom it was pur-
chased, prior to the end of the fifth year after
consummation of the sale.
(B) No subsidy arrangement approved under
this section shall remain in effect for more than
one year, unless otherwise mutually agreed by
the parties.
(g) Upon abandonment of a railroad line under
this chapter,
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10906
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.