Public Law 119-73 (01/23/2026)

45 U.S.C. § 1003

Service continuation

(a)

Situations requiring directed service; time period

Public Law 96–131Notwithstanding the provisions of , the Commission shall order directed service for a period of not to exceed 90 days over any line of the Rock Island Railroad if the Secretary finds and certifies to the Commission that—
(1)
a lack of rail service exists which cannot be resolved by a grant of interim operating authority over such line and grains or foods are ready to be shipped to market; or
(2)
a lack of rail service exists which cannot be resolved by a grant of interim operating authority over such line and a rail carrier, shipper, State, or other interested party has expressed in writing to the Secretary an interest in purchasing, leasing, or rehabilitating the particular rail line or facility for purposes of providing rail services, and there is a reasonable expectation that such transaction will be consummated.
(b)

Availability of funds

(1)
Not more than $15,000,000 of the funds available for expenditure by the Secretary out of the Railroad Rehabilitation and Improvement Fund established under chapter 224 of title 49 may be made available by the Secretary to the Commission for purposes of providing directed service under this section.
(2)
Funds may be made available for directed service under this section without regard to the findings of the Secretary required under chapter 224 of title 49, including section 22404 of such title, shall not apply to any directed service provided with such funds.
(c)

Continuation of compensation terms for trackage rights, joint facilities, etc.

The terms of compensation for all trackage rights, joint facilities, and similar arrangements between other rail carriers and the trustee of the Rock Island Railroad which are in effect on or after , on portions of the lines of the Rock Island Railroad involved in temporary emergency operations shall be continued in effect during the duration of the temporary emergency operating authority with the carrier providing temporary emergency service substituting for the trustee, except where the Rock Island Railroad has been given more favorable treatment by virtue of its bankruptcy. Such continuation shall not alter or affect the ultimate rights of other rail carriers under trackage rights, joint facilities, or similar arrangements nor prejudice the ultimate determination of any controversy or proceeding concerning rights of the parties with regard to assignment by the trustee of rights in or to the facilities or under the arrangements.

Pub. L. 96–254, title I, § 10494 Stat. 400Pub. L. 104–88, title III, § 329(1)109 Stat. 952Pub. L. 117–58, div. B, title I, § 21301(j)(3)(F)135 Stat. 692(, , ; , , ; , , .)

Editorial Notes

References in Text

Public Law 96–131Pub. L. 96–13193 Stat. 1023section 851 of this titlesection 501 of Title 14section 10344 of Title 49, referred to in subsec. (a), is , , , known as the Department of Transportation and Related Agencies Appropriation Act, 1980, which enacted provisions set out as notes under former , , Coast Guard, and section 106 and former , Transportation. For complete classification of this Act to the Code, see Tables.

Amendments

Pub. L. 117–58, § 21301(j)(3)(F)(i)45 U.S.C. 821section 916(b) of this title2021—Subsec. (b)(1). , substituted “chapter 224 of title 49” for “title V of the Railroad Revitalization and Regulatory Reform Act of 1976 ( et seq.)” and struck out “and ” before period at end.

Pub. L. 117–58, § 21301(j)(3)(F)(ii)45 U.S.C. 836Subsec. (b)(2). , substituted “chapter 224 of title 49, including section 22404 of such title,” for “title V of the Railroad Revitalization and Regulatory Reform Act of 1976, and section 516 of such Act ()”.

Pub. L. 104–88Public Law 96–131section 11125 of title 49Public Law 96–1311995—Subsec. (a). substituted “the provisions of ” for “the provisions of or ”.

Statutory Notes and Related Subsidiaries

Effective Date of 1995 Amendment

Pub. L. 104–88section 2 of Pub. L. 104–88section 1301 of Title 49Amendment by effective , see , set out as an Effective Date note under , Transportation.

Abolition of Interstate Commerce Commission and Transfer of Functions

Pub. L. 104–88section 1302 of Title 49section 101 of Pub. L. 104–88section 1301 of Title 49section 205 of Pub. L. 104–88section 1301 of Title 49Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in , to Surface Transportation Board effective , by , Transportation, and , set out as a note under . References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see , set out as a note under .