45 U.S.C. § 701

Congressional declaration of policy

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(a) FindingsThe Congress finds and declares that—(1) Essential rail service in the midwest and northeast region of the United States is provided by railroads which are today insolvent and attempting to undergo reorganization under the Bankruptcy Act.(2) This essential rail service is threatened with cessation or significant curtailment because of the inability of the trustees of such railroads to formulate acceptable plans for reorganization. This rail service is operated over rail properties which were acquired for a public use, but which have been permitted to deteriorate and now require extensive rehabilitation and modernization.(3) The public convenience and necessity require adequate and efficient rail service in this region and throughout the Nation to meet the needs of commerce, the national defense, the environment, and the service requirements of passengers, United States mail, shippers, States and their political subdivisions, and consumers.(4) Continuation and improvement of essential rail service in this region is also necessary to preserve and maintain adequate national rail services and an efficient national rail transportation system.(5) Rail service and rail transportation offer economic and environmental advantages with respect to land use, air pollution, noise levels, energy efficiency and conservation, resource allocation, safety, and cost per ton-mile of movement to such extent that the preservation and maintenance of adequate and efficient rail service is in the national interest.(6) These needs cannot be met without substantial action by the Federal Government.(b) PurposesIt is therefore declared to be the purpose of Congress in this chapter to provide for—(1) the identification of a rail service system in the midwest and northeast region which is adequate to meet the needs and service requirements of this region and of the national rail transportation system;(2) the reorganization of railroads in this region into an economically viable system capable of providing adequate and efficient rail service to the region;(3) the establishment of the United States Railway Association, with enumerated powers and responsibilities;(4) the establishment of the Consolidated Rail Corporation, with enumerated powers and responsibilities;(5) assistance to States and local and regional transportation authorities for continuation of local rail services threatened with cessation; and(6) necessary Federal financial assistance at the lowest possible cost to the general taxpayer.(Pub. L. 93–236, title I, § 101, Jan. 2, 1974, 87 Stat. 986.)Editorial NotesReferences in Text

The Bankruptcy Act, referred to in subsec. (a)(1), is act July 1, 1898, ch. 541, 30 Stat. 544, which was classified generally to former Title 11, Bankruptcy. The Act was repealed effective Oct. 1, 1979, by Pub. L. 95–598, §§ 401(a), 402(a), Nov. 6, 1978, 92 Stat. 2682, section 101 of which enacted revised Title 11. For current provisions relating to railroad reorganization, see subchapter IV (§ 1161 et seq.) of chapter 11 of Title 11.

Statutory Notes and Related SubsidiariesShort Title of 1978 Amendment

Pub. L. 95–565, § 1, Nov. 1, 1978, 92 Stat. 2397, provided: “That this Act [amending sections 726, 747, and 825 of this title and section 975 of Title 43, Public Lands, and enacting provision set out as a note under section 975 of Title 43] may be cited as the ‘United States Railway Association Amendments Act of 1978’.”

Short Title of 1976 Amendment

Pub. L. 94–555, title II, § 201, Oct. 19, 1976, 90 Stat. 2616, provided that: “This title [amending sections 702, 711, 716, 720, 721, 743, 744, 771, 774, 775, 779, 823, 824, 825, 826, 829, 831, and 854 of this title, section 960 of Title 20, Education, sections 1a, 5, 5c, 13, 15, 17, 22, 26c, and 1653 of former Title 49, Transportation, and enacting provisions set out as notes under section 80a–3 of Title 15, Commerce and Trade, and sections 1a and 1654 of former Title 49] may be cited as the ‘Rail Amendments of 1976’.”

Short Title of 1975 Amendment

Pub. L. 94–5, § 1, Feb. 28, 1975, 89 Stat. 7, provided: “That this Act [enacting section 794 of this title and amending sections 712, 715, 716, 717, 721, 723, 725, and 743 of this title] may be cited as the ‘Regional Rail Reorganization Act Amendments of 1975’.”

Short Title

Pub. L. 93–236, § 1, Jan. 2, 1974, 87 Stat. 985, provided in part that this Act [enacting this chapter and amending section 856 of former Title 31, Money and Finance, and section 1(16) of former Title 49, Transportation], may be cited as the “Regional Rail Reorganization Act of 1973”.

Separability

Pub. L. 93–236, title VI, § 604, Jan. 2, 1974, 87 Stat. 1023, provided that: “If any provision of this Act [enacting this chapter and amending section 856 of former Title 31, Money and Finance, and section 1(16) of former Title 49, Transportation] or the application thereof to any person or circumstances is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.”

Abolition of United States Railway Association and Transfer of Functions and Securities

See section 1341 of this title.

Notes of Decisions

Cited in 148 cases (11 in the last 5 years), 1974–2023 · leading case: Reg'l Rail Reorganization Act Cases, 419 U.S. 102 (1974).

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Reg'l Rail Reorganization Act Cases, 419 U.S. 102 (1974). · cites it 10× “985 , 45 U. S. C. § 701 et seq. (1970 ed., Supp.”

Ry. Labor Executives' Assn. v. Gibbons, 455 U.S. 457 (1982). · cites it 2× “985 , 45 U. S. C. § 701 et seq., the Act in fact operated uniformly upon all railroads then in bankruptcy proceedings.”

Wisconsin Cent., Ltd. v. Shannon, 539 F.3d 751 (7th Cir. 2008). “985 (codified as amended at 45 U.S.C. § 701 et seq.) (combined bankrupt railroads into the Consolidated Rail Corporation).”

Consol. Rail Corp. v. Darrone, 465 U.S. 624 (1984). “1004 , 45 U. S. C. § 701 et seq. The Act, passed in response to the insolvency of a number of railroads in the Northeast and Midwest, established Conrail to acquire and operate the rail properties of the insolvent railroads and to integrate these properties into an efficient…”

Robbins, H. v. Consol. Rail & Penn Cent., 212 A.3d 81 (Pa. Super. Ct. 2019). “Thereafter, as part of the Regional Rail Reorganization Act, 45 U.S.C. § 701 et seq. , Congress created Consolidated Rail, and all employees of Penn Central were offered continued employment with Consolidated Rail.”

Hensler v. City of Glendale, 876 P.2d 1043 (Cal. 1994). “335 ] held that because the Regional Rail Reorganization Act of 1973 ( 45 U.S.C. § 701 et seq.) had not withdrawn jurisdiction from the United States Court of Claims, an adequate remedy existed for any taking that might result.”

Lehigh & New England Ry. Co. v. Interstate Com. Comm'n & United States, Commonwealth of Pennsylvania, Intervenor, 540 F.2d 71 (3rd Cir. 1976). · cites it 2× “45 U.S.C. § 701 (b)(6) (Supp. IV, 1974). The ICC disputes L&NE’s assertion that directed service effects a taking under the fifth amendment; it contends that by ordering directed service the Commission is merely fulfilling the other carrier’s obligation to continue rail service…”

In the Matter of Penn Cent. Transp. Co., Debtor. Appeal of Nat'l R.R. Passenger Corp., 560 F.2d 169 (3rd Cir. 1977). · cites it 4× “THE SCOPE OF THE REORGANIZATION COURT’S ORDER 2569 The issue yet to be decided is whether the Regional Rail Reorganization Act of 1973, 45 U.S.C. § 701 et seq., as amended, and the consequent conveyance of certain of Penn Central’s rail assets to ConRail excused the Penn Central…”

Nat'l R.R. Passenger Corp. v. McDonald, 978 F. Supp. 2d 215 (S.D.N.Y. 2013). · cites it 2× “It operates intercity and commuter rail service throughout the United States, including Bronx County, New York, for which purpose it owns and utilizes certain real property and railroad rights of way that were conveyed to it pursuant to the Regional Rail Reorganization Act of…”

Lyndes, A. v. Penn Cent. Corp., 2021 Pa. Super. 82 (Pa. Super. Ct. 2021). “Thereafter, as part of the Regional Rail Reorganization Act, 45 U.S.C. § 701 et seq., Congress created Consolidated Rail, and all employees of Penn Central were offered continued employment with Consolidated Rail.”

Quarry Off. Park Assocs. v. Philadelphia Elec. Co., 576 A.2d 358 (Pa. 1990). · cites it 2× “When the line ceased to generate sufficient revenues to continue operation and maintenance, Conrail filed two applications before the Interstate Commerce Commission (ICC), pursuant to Section 308(c) of the Regional Rail Reorganization Act of 1973 (RRR Act), 45 U.S.C. § 701 et…”

Consol. Rail Corp. v. Surface Transp. Bd., 571 F.3d 13 (D.C. Cir. 2009). “985 (1974) (codified as amended at 45 U.S.C. §§ 701 et seq.) (Rail Act), which provided for the “reorganization of the railroads, stripped of excess facilities, into a single, viable system operated by a private, for-profit corporation.”

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