49 U.S.C. § 24902 — Goals and requirements

Page 716 TITLE 49—TRANSPORTATION § 24902 (1) ‘‘final system plan’’ means the final sys- tem plan (including additions) adopted by the United States Railway Association under the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.). (2) ‘‘rail carrier’’ means an express carrier and a rail carrier as defined in section 10102 of this title, including Amtrak. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 930.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24901(1) ...... (no source). 24901(2) ...... (no source). This section is derived from 45:802 for clarity. That section contains definitions for the Railroad Revital- ization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 33). Title VII of that Act is the source of the source provisions restated in this chapter. How- ever, other titles of that Act are not being restated be- cause they are outside the scope of the restatement. Therefore, 45:802 is not being restated in this restate- ment and only the relevant definitions are accounted for in this chapter. Editorial Notes REFERENCES IN TEXT The Regional Rail Reorganization Act of 1973, re- ferred to in par. (1), is Pub. L. 93–236, Jan. 2, 1974, 87 Stat. 985, which is classified principally to chapter 16 (§ 701 et seq.) of Title 45, Railroads. For complete classi- fication of this Act to the Code, see Short Title note set out under section 701 of Title 45 and Tables. § 24902. Goals and requirements (a) MANAGING COSTS AND REVENUES.—Amtrak shall manage its operating costs, pricing poli- cies, and other factors with the goal of having revenues derived each fiscal year from providing intercity rail passenger transportation over the Northeast Corridor route between the District of Columbia and Boston, Massachusetts, equal at least the operating costs of providing that trans- portation in that fiscal year. (b) PRIORITIES IN SELECTING AND SCHEDULING PROJECTS.—When selecting and scheduling spe- cific projects, Amtrak shall apply the following considerations, in the following order of pri- ority: (1) Safety-related items should be completed before other items because the safety of the passengers and users of the Northeast Corridor is paramount. (2) Activities that benefit the greatest num- ber of passengers should be completed before activities involving fewer passengers. (3) Reliability of intercity rail passenger transportation must be emphasized. (4) Trip-time requirements of this section must be achieved to the extent compatible with the priorities referred to in paragraphs (1)–(3) of this subsection. (5) Improvements that will pay for the in- vestment by achieving lower operating or maintenance costs should be carried out be- fore other improvements. (6) Construction operations should be sched- uled so that the fewest possible passengers are inconvenienced, transportation is maintained, and the on-time performance of Northeast Corridor commuter rail passenger and rail freight transportation is optimized. (7) Planning should focus on completing ac- tivities that will provide immediate benefits to users of the Northeast Corridor. (c) COMPATIBILITY WITH FUTURE IMPROVEMENTS AND PRODUCTION OF MAXIMUM LABOR BENEFITS.— Improvements under this section shall be com- patible with future improvements in transpor- tation and shall produce the maximum labor benefit from hiring individuals presently unem- ployed. (d) AUTOMATIC TRAIN CONTROL SYSTEMS.—A train operating on the Northeast Corridor main line or between the main line and Atlantic City shall be equipped with an automatic train con- trol system designed to slow or stop the train in response to an external signal. (e) HIGH-SPEED TRANSPORTATION.—If prac- ticable, Amtrak shall establish intercity rail passenger transportation in the Northeast Cor- ridor that carries out section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121). (f) EQUIPMENT DEVELOPMENT.—Amtrak shall develop economical and reliable equipment com- patible with track, operating, and marketing characteristics of the Northeast Corridor, in- cluding the capability to meet reliable trip times under section 703(1)(E) of the Railroad Re- vitalization and Regulatory Reform Act of 1976 (Public Law 94–210, 90 Stat. 121) in regularly scheduled revenue transportation in the Cor- ridor, when the Northeast Corridor improve- ment program is completed. Amtrak must de- cide that equipment complies with this sub- section before buying equipment with financial assistance of the Government. Amtrak shall submit a request for an authorization of appro- priations for production of the equipment. (g) AGREEMENTS FOR OFF-CORRIDOR ROUTING OF RAIL FREIGHT TRANSPORTATION.—(1) Amtrak may make an agreement with a rail freight car- rier or a regional transportation authority under which the carrier will carry out an alter- nate off-corridor routing of rail freight transpor- tation over rail lines in the Northeast Corridor between the District of Columbia and New York metropolitan areas, including intermediate points. The agreement shall be for at least 5 years. (2) Amtrak shall apply to the Surface Trans- portation Board for approval of the agreement and all related agreements accompanying the application as soon as the agreement is made. If the Board finds that approval is necessary to carry out this chapter, the Board shall approve the application and related agreements not later than 90 days after receiving the application. (3) If an agreement is not made under para- graph (1) of this subsection, Amtrak, with the consent of the other parties, may apply to the Surface Transportation Board. Not later than 90 days after the application, the Board shall de- cide on the terms of an agreement if it decides that doing so is necessary to carry out this chapter. The decision of the Board is binding on the other parties. (h) COORDINATION.—(1) The Secretary of Trans- portation shall coordinate— Page 717 TITLE 49—TRANSPORTATION § 24902 (A) transportation programs related to the Northeast Corridor to ensure that the pro- grams are integrated and consistent with the Northeast Corridor improvement program; and (B) amounts from departments, agencies, and instrumentalities of the Government to achieve urban redevelopment and revitaliza- tion in the vicinity of urban rail stations in the Northeast Corridor served by intercity and commuter rail passenger transportation. (2) If the Secretary finds significant non- compliance with this section, the Secretary may deny financing to a noncomplying program until the noncompliance is corrected. (i) COMPLETION.—Amtrak shall give the high- est priority to completing the program. (j) APPLICABLE PROCEDURES.—No State or local building, zoning, subdivision, or similar or related law, nor any other State or local law from which a project would be exempt if under- taken by the Federal Government or an agency thereof within a Federal enclave wherein Fed- eral jurisdiction is exclusive, including without limitation with respect to all such laws ref- erenced herein above requirements for permits, actions, approvals or filings, shall apply in con- nection with the construction, ownership, use, operation, financing, leasing, conveying, mort- gaging or enforcing a mortgage of (i) any im- provement undertaken by or for the benefit of Amtrak as part of, or in furtherance of, the Northeast Corridor Improvement Project (in- cluding without limitation maintenance, serv- ice, inspection or similar facilities acquired, constructed or used for high speed trainsets) or chapter 241, 243, or 247 of this title or (ii) any land (and right, title or interest created with re- spect thereto) on which such improvement is lo- cated and adjoining, surrounding or any related land. These exemptions shall remain in effect and be applicable with respect to such land and improvements for the benefit of any mortgagee before, upon and after coming into possession of such improvements or land, any third party pur- chasers thereof in foreclosure (or through a deed in lieu of foreclosure), and their respective suc- cessors and assigns, in each case to the extent the land or improvements are used, or held for use, for railroad purposes or purposes accessory thereto. This subsection shall not apply to any improvement or related land unless Amtrak re- ceives a Federal operating subsidy in the fiscal year in which Amtrak commits to or initiates such improvement. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 930; Pub. L. 104–205, title III, § 334, Sept. 30, 1996, 110 Stat. 2974; Pub. L. 105–134, title IV, § 405(b)(1), Dec. 2, 1997, 111 Stat. 2586; Pub. L. 112–141, div. C, title II, § 32932(c)(3), July 6, 2012, 126 Stat. 829.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24902(a) ...... 45:853(1)(A). Feb. 5, 1976, Pub. L. 94–210, § 703(1)(A), 90 Stat. 121; Oct. 5, 1978, Pub. L. 95–421, § 8(1), 92 Stat. 927; May 30, 1980, Pub. L. 96–254, § 202(1), (2), 94 Stat. 410; Jan. 14, 1983, Pub. L. 97–468, § 301(1), 96 Stat. 2547. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 45:853(1)(B) (1st sen- tence). Feb. 5, 1976, Pub. L. 94–210, § 703(1)(B), 90 Stat. 121; Oct. 5, 1978, Pub. L. 95–421, § 8(2), 92 Stat. 927. 45:853(2)(A). Feb. 5, 1976, Pub. L. 94–210, § 703(2)(A), 90 Stat. 122; Oct. 5, 1978, Pub. L. 95–421, § 5(1), 92 Stat. 926. 45:853(2)(B). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 703(2)(B); added Oct. 5, 1978, Pub. L. 95–421, § 5(2), 92 Stat. 927. 45:853(3)(A). Feb. 5, 1976, Pub. L. 94–210, § 703(3)(A), 90 Stat. 122; May 30, 1980, Pub. L. 96–254, § 203(1), 94 Stat. 410. 45:853(4) (1st sen- tence). Feb. 5, 1976, Pub. L. 94–210, § 703(1)(C), (4), 90 Stat. 121, 122. 45:853(6). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 703(6); added May 30, 1980, Pub. L. 96–254, § 203(2), 94 Stat. 411. 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. 24902(b) ...... 45:851(d)(1). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 701(d)(1); added May 30, 1980, Pub. L. 96–254, § 205, 94 Stat. 412. 24902(c)(1) .. 45:853(1)(B) (last sentence). 45:855(b). 24902(c)(2), (3). 45:854(i). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 704(i); added May 30, 1980, Pub. L. 96–254, § 204(b), 94 Stat. 411. 45:855(b). 24902(d) ...... 45:853(4) (last sen- tence). 24902(e) ...... 45:853(7). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 703(7); added May 30, 1980, Pub. L. 96–254, § 209, 94 Stat. 414. 24902(f) ....... 45:853(1)(C). 24902(g) ...... 45:431(k). Oct. 16, 1970, Pub. L. 91–458, 84 Stat. 971, § 202(k); added June 22, 1988, Pub. L. 100–342, § 9, 102 Stat. 628. 24902(h) ...... 45:853(1)(E). Feb. 5, 1976, Pub. L. 94–210, § 703(1)(E), 90 Stat. 121; May 30, 1980, Pub. L. 96–254, § 202(3), 94 Stat. 410. 45:855(b). 24902(i) ....... 45:853(5). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 703(5); added Oct. 5, 1978, Pub. L. 95–421, § 8(3), 92 Stat. 927. 45:855(b). 24902(j) ....... 45:853(3)(B). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 703(3)(B); added May 30, 1980, Pub. L. 96–254, § 203(1), 94 Stat. 410. 45:855(b). 24902(k) ...... 45:854(c)(1). Feb. 5, 1976, Pub. L. 94–210, § 704(c)(1), 90 Stat. 123; May 30, 1980, Pub. L. 96–254, § 210(1), 94 Stat. 414. 45:854(c)(2). Feb. 5, 1976, Pub. L. 94–210, 90 Stat. 31, § 704(c)(2); added May 30, 1980, Pub. L. 96–254, § 210(2), 94 Stat. 414. 24902(l) ....... 45:545(h) (last sen- tence). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 305(h) (last sentence); added Oct. 28, 1974, Pub. L. 93–496, § 3, 88 Stat. 1527; Sept. 29, 1979, Pub. L. 96–73, § 106, 93 Stat. 539. 45:855(b). In this section, the word ‘‘program’’ is substituted for ‘‘project’’ for consistency in this chapter. In subsection (a)(1)(A) and (B), the words ‘‘schedule’’ and ‘‘appropriate’’ are omitted as surplus. In subsection (a)(2), the words ‘‘in order’’ and ‘‘rail’’ are omitted as surplus. In subsection (a)(4)–(6), the words ‘‘the goals con- tained in’’ are omitted as surplus. In subsection (a)(4), the text of 45:853(2)(B) is omitted as executed. Page 718 TITLE 49—TRANSPORTATION § 24903 In subsection (a)(5), the words ‘‘to all users of rail freight service located’’ are omitted as surplus. The word ‘‘in’’ is substituted for ‘‘on’’ as being more appro- priate. The words ‘‘all . . . which remain’’ are omitted as surplus. In subsection (a)(6), the word ‘‘mobile’’ is added for consistency in this chapter. The word ‘‘on’’ is sub- stituted for ‘‘aboard trains operated in’’ to eliminate unnecessary words. The word ‘‘passenger’’ after ‘‘rail’’ is added for consistency in this chapter. The word ‘‘Washington’’ is omitted as surplus. In subsection (b), the words ‘‘each fiscal year’’ are substituted for ‘‘annual’’ for clarity. The text of 45:851(d)(1)(A) and (B) is omitted as obsolete. In subsection (c)(1), the words ‘‘in his sole discretion’’ are omitted as surplus. In subsection (c)(2)(B), the words ‘‘and in the amounts’’ are omitted as surplus. In subsection (d), the words ‘‘department, agencies, and instrumentalities of the United States Govern- ment’’ are substituted for ‘‘relevant Federal agencies, including the Federal Communications Commission’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘shall assist Am- trak under subsection (a)(6) of this section’’ are sub- stituted for ‘‘shall take such actions as are necessary to achieve this goal’’ for clarity. The words ‘‘including necessary licensing, construction, operation, and main- tenance’’ are omitted as surplus. In subsection (e), before clause (1), the words ‘‘of pri- ority’’ are added for clarity. In clause (2), the words ‘‘Potential ridership should be considered’’ are omitted as surplus. In clause (5), the words ‘‘Reducing mainte- nance cost levels is desirable’’ are omitted as surplus. The words ‘‘before other improvements’’ are added for clarity. In subsection (f), the words ‘‘accomplished in a man- ner which is’’, ‘‘the accomplishment in the . . . of addi- tional’’, and ‘‘levels’’ are omitted as surplus. In subsection (g), the words ‘‘after April 1, 1990’’ are omitted as executed. The words ‘‘betwen [sic] Wash- ington, D.C., and Boston, Massachusetts’’ are omitted as surplus. The words ‘‘or between the main line and Atlantic City’’ are substituted for ‘‘on the feeder line referred to in section 854(a)(1)(B) of this title’’ for clar- ity. The text of 45:431(k)(2) is omitted as executed. In subsection (h), the text of 45:853(1)(E) (1st–4th sen- tences) and the word ‘‘Thereafter’’ are omitted as exe- cuted. The words ‘‘carries out’’ are substituted for ‘‘achieves the service goals specified in’’ for consist- ency in this section. In subsection (i), the words ‘‘rolling stock and re- lated’’, ‘‘designed to be’’, ‘‘set forth’’, and ‘‘specified’’ are omitted as surplus. The text of 45:853(5) (last sen- tence words after ‘‘such equipment’’) is omitted as ob- solete. In subsection (j)(1), the words ‘‘Within 6 months after May 30, 1980, the Secretary shall develop plans’’ and the text of 45:853(3)(B)(v) are omitted as executed. The words ‘‘rail lines’’ are substituted for ‘‘lines’’ for clar- ity and consistency in this chapter. The words ‘‘Wash- ington’’ and ‘‘on such terms and conditions as the par- ties may agree’’ are omitted as surplus. In subsection (j)(2), the words ‘‘including the provi- sion of service use of tracks and facilities as provided in such application’’ are omitted as surplus. In subsection (j)(3), the words ‘‘other parties’’ are substituted for ‘‘involved rail freight carriers’’ to eliminate unnecessary words. The words ‘‘conditions and’’ are omitted as surplus. In subsection (k)(1), before clause (A), the words ‘‘take all steps necessary to’’ are omitted as surplus. In clause (A), the words ‘‘all’’, ‘‘implementation of’’, and ‘‘under this subchapter’’ are omitted as surplus. Clause (B) is substituted for 45:854(c)(2) to eliminate surplus and obsolete words. Editorial Notes REFERENCES IN TEXT Section 703(1)(E) of the Railroad Revitalization and Regulatory Reform Act of 1976, referred to in subsecs. (e) and (f), is section 703(1)(E) of Pub. L. 94–210, which was classified to section 853(1)(E) of Title 45, Railroads, and was repealed and reenacted as subsec. (h) of this section by Pub. L. 103–272, §§ 1(e), 7(b), July 5, 1994, 108 Stat. 932, 1379. AMENDMENTS 2012—Subsec. (g)(2), (3). Pub. L. 112–141 substituted ‘‘Surface Transportation Board’’ for ‘‘Interstate Com- merce Commission’’ and ‘‘Board’’ for ‘‘Commission’’ wherever appearing. 1997—Pub. L. 105–134 redesignated subsec. (b) as (a) and subsecs. (e) to (m) as (b) to (j), respectively, in sub- sec. (j) struck out ‘‘(m)’’ after ‘‘This subsection’’, and struck out former subsecs. (a), (c), and (d) which re- lated to Northeast Corridor improvement plan, cost sharing for nonoperational facilities, and passenger radio mobile telephone service, respectively. 1996—Subsec. (m). Pub. L. 104–205 added subsec. (m). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effec- tive and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways. NORTHEAST CORRIDOR STATE-OF-GOOD-REPAIR PLAN Pub. L. 110–432, div. B, title II, § 211, Oct. 16, 2008, 122 Stat. 4920, within 6 months after Oct. 16, 2008, required Amtrak to prepare capital spending plan to return the railroad right-of-way, facilities, stations, and equip- ment, of the Northeast Corridor main line to a state-of- good-repair by the end of fiscal year 2018 and required review and approval of the plan by the Secretary of Transportation, prior to repeal by Pub. L. 114–94, div. A, title XI, § 11306(b)(3), Dec. 4, 2015, 129 Stat. 1660. § 24903. 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 in- terest 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 con- siders necessary to carry out the goals of sec- tion 24902; (3) provide for rail freight, intercity rail pas- senger, and commuter rail passenger transpor- tation over property acquired under this sec- tion; (4) improve rail rights of way between Bos- ton, Massachusetts, and the District of Colum- bia (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 im- proved high-speed rail passenger transpor- tation between Boston, Massachusetts, and the District of Columbia, and intermediate intercity markets; (5) acquire, build, improve, and install pas- senger stations, communications and electric power facilities and equipment, public and pri- vate 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;