49 U.S.C. § 24701 — National rail passenger transportation

Page 705 TITLE 49—TRANSPORTATION § 24701 1 So in original. Probably should be followed by a period. 2 So in original. Does not conform to section catchline. [CHAPTER 244—TRANSFERRED] Editorial Notes CODIFICATION Former chapter 244 of this title was renumbered chapter 229 of this title and transferred to appear at the end of part B of subtitle V of this title. Sections 24401 to 24408 of this title were renumbered sections 22901 to 22908, respectively. [§§ 24401 to 24408. Renumbered §§ 22901 to 22908] [CHAPTER 245—REPEALED] [§§ 24501 to 24506. Repealed. Pub. L. 105–134, title I, § 106(a), Dec. 2, 1997, 111 Stat. 2573] Section 24501, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 919; Pub. L. 103–429, § 6(21), Oct. 31, 1994, 108 Stat. 4379; Pub. L. 104–88, title III, § 308(h), Dec. 29, 1995, 109 Stat. 947, related to status of Amtrak Commuter and applicable laws. Section 24502, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 920, related to board of directors of Amtrak Com- muter. Section 24503, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 921, related to appointment and service of officers of Amtrak Commuter. Section 24504, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 921, related to general authority of Amtrak Com- muter. Section 24505, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 921, related to Amtrak’s rights and responsibil- ities as relating to commuter rail passenger transpor- tation. Section 24506, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 922, provided that certain powers and duties of Consolidated Rail Corporation were not affected by this chapter. Statutory Notes and Related Subsidiaries TRACKAGE RIGHTS NOT AFFECTED Pub. L. 105–134, title I, § 106(c), Dec. 2, 1997, 111 Stat. 2573, provided that: ‘‘The repeal of chapter 245 of title 49, United States Code, by subsection (a) of this section is without prejudice to the retention of trackage rights over property owned or leased by commuter authori- ties.’’ CHAPTER 247—AMTRAK ROUTE SYSTEM Sec. 24701. National rail passenger transportation sys- tem. 24702. Transportation requested by States, authori- ties, and other persons 1 [24703 to 24705. Repealed.] 24706. Discontinuance. [24707, 24708. Repealed.] 24709. International transportation. 24710. Long distance routes.2 24711. Competitive passenger rail service pilot pro- gram. 24712. State-supported routes operated by Amtrak. Editorial Notes AMENDMENTS 2015—Pub. L. 114–94, div. A, title XI, § 11307(b), Dec. 4, 2015, 129 Stat. 1664, which directed the general amend- ment of the analysis for section 24711 of title 49, was ex- ecuted to the analysis for this chapter, to reflect the probable intent of Congress. Prior to amendment, item 24711 read as follows: ‘‘Alternate passenger rail service pilot program’’. Pub. L. 114–94, div. A, title XI, § 11204(b)(1), Dec. 4, 2015, 129 Stat. 1637, added item 24712. 2008—Pub. L. 110–432, div. B, title II, §§ 201(b)(2), 210(b), 214(c), Oct. 16, 2008, 122 Stat. 4910, 4920, 4929, added items 24702, 24710, and 24711. 1997—Pub. L. 105–134, title I, §§ 101(a)(2), (b), (d), (e), 103–105(a), Dec. 2, 1997, 111 Stat. 2572, 2573, substituted ‘‘National rail passenger transportation system’’ for ‘‘Operation of basic system’’ in item 24701 and struck out item 24702 ‘‘Improving rail passenger transpor- tation’’, item 24703 ‘‘Route and service criteria’’, item 24704 ‘‘Transportation requested by States, authorities, and other persons’’, item 24705 ‘‘Additional qualifying routes’’, item 24707 ‘‘Cost and performance review’’, and item 24708 ‘‘Special commuter transportation’’. § 24701. National rail passenger transportation system Amtrak shall operate a national rail passenger transportation system which ties together exist- ing and emergent regional rail passenger service and other intermodal passenger service. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 923; Pub. L. 105–134, title I, § 101(a)(1), Dec. 2, 1997, 111 Stat. 2572.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24701(a) ...... 45:561(b). Oct. 30, 1970, Pub. L. 91–518, § 401(b), 84 Stat. 1335. 24701(b) ...... 45:561(c). Oct. 30, 1970, Pub. L. 91–518, § 401(c), 84 Stat. 1335; Nov. 3, 1973, Pub. L. 93–146, § 9, 87 Stat. 551. In subsection (a), before clause (1), the text of 45:561(b) (1st sentence words after 3d comma) is omitted as obsolete because no regional transportation author- ity provided intercity rail passenger transportation after May 1, 1971. The words ‘‘On May 1, 1971’’ and ‘‘begin’’ are omitted as executed. The words ‘‘between points’’ and ‘‘either’’ are omitted as surplus. In clause (2), the words ‘‘under contract with Amtrak’’ are sub- stituted for 45:561(b) (last sentence) for clarity and to eliminate unnecessary words. The words ‘‘at any time subsequent to May 1, 1971’’ are omitted as executed. In subsection (b), the words ‘‘concerning auto-ferry service . . . railroad or any other’’ are omitted as sur- plus. Editorial Notes AMENDMENTS 1997—Pub. L. 105–134 substituted section catchline for former catchline which read ‘‘Operation of basic sys- tem’’ and amended text generally. Prior to amendment, text read as follows: ‘‘(a) BY AMTRAK.—Amtrak shall provide intercity rail passenger transportation within the basic system un- less the transportation is provided by— ‘‘(1) a rail carrier with which Amtrak did not make a contract under section 401(a) of the Rail Passenger Service Act; or ‘‘(2) a regional transportation authority under con- tract with Amtrak. ‘‘(b) BY OTHERS WITH CONSENT OF AMTRAK.—Except as provided in section 24306 of this title, a person may pro- vide intercity rail passenger transportation over a route over which Amtrak provides scheduled intercity rail passenger transportation under a contract under section 401(a) of the Act only with the consent of Am- trak.’’ Page 706 TITLE 49—TRANSPORTATION § 24702 § 24702. Transportation requested by States, au- thorities, and other persons (a) CONTRACTS FOR TRANSPORTATION.—Amtrak may enter into a contract with a State, a re- gional or local authority, or another person for Amtrak to operate an intercity rail service or route not included in the national rail passenger transportation system upon such terms as the parties thereto may agree. (b) DISCONTINUANCE.—Upon termination of a contract entered into under this section, or the cessation of financial support under such a con- tract by either party, Amtrak may discontinue such service or route, notwithstanding any other provision of law. (Added Pub. L. 110–432, div. B, title II, § 201(b)(1), Oct. 16, 2008, 122 Stat. 4910.) Editorial Notes PRIOR PROVISIONS A prior section 24702, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 923; Pub. L. 104–287, § 5(48), Oct. 11, 1996, 110 Stat. 3393, related to carrying out plan to improve intercity rail passenger service prior to repeal by Pub. L. 105–134, title I, § 101(b), Dec. 2, 1997, 111 Stat. 2572. Statutory Notes and Related Subsidiaries ACCESS TO AMTRAK EQUIPMENT AND SERVICES Pub. L. 110–432, div. B, title II, § 217, Oct. 16, 2008, 122 Stat. 4930, as amended by Pub. L. 114–94, div. A, title XI, § 11006(b)(1), Dec. 4, 2015, 129 Stat. 1624, provided that: ‘‘If a State desires to select or selects an entity other than Amtrak to provide services required for the operation of an intercity passenger train route de- scribed in section 24102(7)(D) or 24702 of title 49, United States Code, the State may make an agreement with Amtrak to use facilities and equipment of, or have services provided by, Amtrak under terms agreed to by the State and Amtrak to enable the State to utilize an entity other than Amtrak to provide services required for operation of the route. If the parties cannot agree upon terms, and the Surface Transportation Board finds that access to Amtrak’s facilities or equipment, or the provision of services by Amtrak, is necessary to carry out this provision and that the operation of Am- trak’s other services will not be impaired thereby, the Surface Transportation Board shall, within 120 days after submission of the dispute, issue an order that the facilities and equipment be made available, and that services be provided, by Amtrak, and shall determine reasonable compensation, liability, and other terms for use of the facilities and equipment and provision of the services. Compensation shall be determined, as appro- priate, in accordance with the methodology established pursuant to section 209 of this division [49 U.S.C. 24101 note], if available.’’ [§§ 24703 to 24705. Repealed. Pub. L. 105–134, title I, §§ 103–105(a), Dec. 2, 1997, 111 Stat. 2572, 2573] Section 24703, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 924, provided route and service criteria for modi- fying or discontinuing routes. Section 24704, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 925, related to application by States, regional or local authorities, or other persons requesting Amtrak to provide passenger rail service and criteria for deci- sion. Section 24705, Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 926; Pub. L. 104–88, title III, § 308(i), Dec. 29, 1995, 109 Stat. 947, related to providing service on routes rec- ommended to be discontinued, criteria for deferring Secretary’s recommendation, and providing short haul demonstration routes. § 24706. Discontinuance (a) NOTICE OF DISCONTINUANCE.—(1) Except as provided in subsection (c), not later than 180 days before discontinuing service over a route, Amtrak shall give notice of the discontinuance in the way Amtrak decides will give a State, a regional or local authority, or another person the opportunity to agree to share or assume the cost of any part of the train, route, or service to be discontinued. (2) Notice of the discontinuance under para- graph (1) shall be posted in all stations served by the train to be discontinued at least 14 days be- fore the discontinuance. (b) DISCONTINUANCE OR SUBSTANTIAL ALTER- ATION OF LONG-DISTANCE ROUTES.—Except as provided in subsection (c), in an emergency, or during maintenance or construction outages im- pacting Amtrak routes, Amtrak may not dis- continue, reduce the frequency of, suspend, or substantially alter the route of rail service on any segment of any long-distance route in any fiscal year in which Amtrak receives adequate Federal funding for such route on the National Network. (c) DISCONTINUANCE FOR LACK OF APPROPRIA- TIONS.—(1) Amtrak may discontinue service under subsection (a)(1) during— (A) the first month of a fiscal year if the au- thorization of appropriations and the appro- priations for Amtrak are not enacted at least 90 days before the beginning of the fiscal year; and (B) the 30 days following enactment of an ap- propriation for Amtrak or a rescission of an appropriation. (2) Amtrak shall notify each affected State or regional or local transportation authority of a discontinuance under this subsection as soon as possible after Amtrak decides to discontinue the service. (d) CONGRESSIONAL NOTIFICATION OF DIS- CONTINUANCE.—Except as provided in subsection (c), not later than 210 days before discontinuing service over a route, Amtrak shall give written notice of such discontinuance to all of the mem- bers of Congress representing any State or dis- trict in which the discontinuance would occur. (e) APPLICABILITY.—This section applies to all service over routes provided by Amtrak, not- withstanding any provision of section 24701 of this title or any other provision of this title ex- cept section 24702(b). (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 927; Pub. L. 105–134, title I, §§ 101(c), 142(a), Dec. 2, 1997, 111 Stat. 2572, 2576; Pub. L. 110–432, div. B, title II, § 201(d), Oct. 16, 2008, 122 Stat. 4910; Pub. L. 114–94, div. A, title XI, § 11316(n)(1), Dec. 4, 2015, 129 Stat. 1678; Pub. L. 117–58, div. B, title II, § 22210, Nov. 15, 2021, 135 Stat. 708.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 24706(a)(1) .. 45:564(c)(4)(F)(ii). Oct. 30, 1970, Pub. L. 91–518, 84 Stat. 1327, § 404(c)(4)(F); added Sept. 29, 1979, Pub. L. 96–73, § 117, 93 Stat. 545; restated Aug. 13, 1981, Pub. L. 97–35, § 1183(b), 95 Stat. 696.