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49 U.S.C. § 10910 — Effect on other statutes and authorities

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

49 U.S.C. § 10910 — Effect on other statutes and authorities

Nothing in section 10908 or 10909 is intended to affect the traditional police powers of the State to require a rail carrier to comply with State and local environmental, public health, and public safety standards that are not unreasonably burdensome to interstate commerce and do not discriminate against rail carriers.

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Source file: Laws/federal/codes/united-states-code/title-49/section-10910-effect-on-other-statutes-and-authorities--a043966efe.md
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Source location: Title 49, Chapter 109, § 10910; chapter-109-licensing.md

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

49 U.S.C. § 10907 — Railroad development

**(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

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

49 U.S.C. § 10910 — Effect on other statutes and authorities

Page 442 TITLE 49—TRANSPORTATION § 10910 waste, a solid waste rail transfer facility, or a rail carrier that owns or operates such a facil- ity; and (7) any other relevant factors, as determined by the Board. (e) EXISTING FACILITIES.—Upon the granting of a petition from the State in which a solid waste rail transfer facility is operating as of the date of enactment of the Clean Railroads Act of 2008 by the Board, the facility shall submit a com- plete application for a siting permit to the Board pursuant to the procedures issued pursu- ant to subsection (b). No State may enforce a law, regulation, order, or other requirement af- fecting the siting of a facility that is operating as of the date of enactment of the Clean Rail- roads Act of 2008 until the Board has approved or denied a permit pursuant to subsection (c). (f) EFFECT OF LAND-USE EXEMPTION.—If the Board grants a land-use exemption to a solid waste rail transfer facility, all State laws, regu- lations, orders, or other requirements affecting the siting of a facility are preempted with re- gard to that facility. An exemption may require compliance with such State laws, regulations, orders, or other requirements. (g) INJUNCTIVE RELIEF.—Nothing in this sec- tion precludes a person from seeking an injunc- tion to enjoin a solid waste rail transfer facility from being constructed or operated by or on be- half of a rail carrier if that facility has materi- ally violated, or will materially violate, its land-use exemption or if it failed to receive a valid land-use exemption under this section. (h) FEES.—The Board may charge permit ap- plicants reasonable fees to implement this sec- tion, including the costs of third-party consult- ants. (i) DEFINITIONS.—In this section the terms ‘‘solid waste’

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 10910

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