49 U.S.C. § 10905 — Offering abandoned rail properties for

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 If the Board has established the conditions and amount of compensation, and the original offer has been withdrawn, any other offeror whose offer was made within the 4-month period described in subsection (c) may accept the Board’s decision within 20 days after such deci-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, the obligation of the rail carrier abandoning the line to provide transportation on that line, as required by section 11101(a), is extinguished. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 825.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10905 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 10904, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1404; Pub. L. 96–448, title IV, § 402(b), Oct. 14, 1980, 94 Stat. 1941; Pub. L. 98–216, § 2(4), Feb. 14, 1984, 98 Stat. 5, related to filing and procedure for applications to abandon or discontinue railroad lines or rail transpor- tation, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 10903 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. § 10905. Offering abandoned rail properties for sale for public purposes 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 pro- duction or transmission, or recreation. If the Board finds that the rail properties proposed to be abandoned are appropriate for public pur- poses and not required for continued rail oper- ations, the properties may be sold, leased, ex- changed, 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 reason- able terms, for sale for public purposes. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 827.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10906 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 10905, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1405; Pub. L. 96–448, title IV, § 402(c), Oct. 14, 1980, 94 Stat. 1942; Pub. L. 103–272, § 4(j)(26), July 5, 1994, 108 Stat. 1369, related to offers of financial assistance to avoid abandonment and discontinuance, prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). See section 10904 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title. § 10906. Exception 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 arrange- ments 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, oper- ation, abandonment, or discontinuance of spur, industrial, team, switching, or side tracks. (Added Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 827.) Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in section 10907 of this title prior to the general amendment of this subtitle by Pub. L. 104–88, § 102(a). A prior section 10906, Pub. L. 95–473, Oct. 17, 1978, 92 Stat. 1406, related to offering abandoned rail properties for sale for public purposes, prior to the general amend- ment of this subtitle by Pub. L. 104–88, § 102(a). See sec- tion 10905 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1996, except as otherwise pro- vided in Pub. L. 104–88, see section 2 of Pub. L. 104–88, set out as a note under section 1301 of this title.