45 U.S.C. § 723

Emergency assistance pending implementation

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(a) Emergency assistance

The Secretary is authorized, pending the implementation of the final system plan, to pay to the trustees of railroads in reorganization such sums as are necessary for the continued provision of essential transportation services by such railroads. Such payments shall be made by the Secretary upon such reasonable terms and conditions as the Secretary establishes, except that recipients must agree to maintain and provide service at a level no less than that in effect on January 2, 1974. Where the Secretary and the trustees agree that funds provided pursuant to this section are to be used (together with funds provided pursuant to section 725 of this title, if any) to perform program maintenance on designated rail properties until the date rail properties are conveyed under this chapter or to improve such designated properties, such agreement shall contain the conditions set forth in section 725(b) of this title.

(b) Authorization of appropriations

There are authorized to be appropriated to the Secretary for carrying out this section such sums as are necessary, not to exceed $282,000,000, to remain available until expended. Of amounts authorized to be appropriated under this subsection, $50,000,000 shall be available solely to pay to the trustees of railroads in reorganization such sums as may be necessary to provide such railroads with amounts equal to revenues attributable to tariff increases proposed by such railroads and suspended by the Interstate Commerce Commission during the calendar year 1975, if the Secretary determines that such payments are necessary to carry out this section.

(Pub. L. 93–236, title II, § 213, Jan. 2, 1974, 87 Stat. 1003; Pub. L. 94–5, § 6, Feb. 28, 1975, 89 Stat. 8.)Editorial NotesAmendments

1975—Subsec. (a). Pub. L. 94–5, § 6(a), inserted provision that, where Secretary and trustees agree that funds provided pursuant to this section are to be used (together with funds provided pursuant to section 725 of this title, if any) to perform program maintenance on designated rail properties until date rail properties are conveyed under this chapter or to improve such designated properties, such agreement contain conditions set forth in section 725(b) of this title.

Subsec. (b). Pub. L. 94–5, § 6(b), substituted “$282,000,000” for “$85,000,000” and inserted provision that, of amounts authorized to be appropriated under this subsection $50,000,000 be available solely to pay to trustees of railroads in reorganization sums necessary to provide railroads with amounts equal to revenues attributable to tariff increases proposed by railroads and suspended by Interstate Commerce Commission during calendar year 1975, if Secretary determines that payments are necessary to carry out this section.

Statutory Notes and Related SubsidiariesAbolition of Interstate Commerce Commission and Transfer of Functions

Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. 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 section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.

Notes of Decisions

Cited in 8 cases, 1974–1987 · leading case: Regional Rail Reorganization Act Cases

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Regional Rail Reorganization Act Cases (1974) scotus · cites it 2× “" § 213, 45 U. S. C. § 723 (1970 ed., Supp. III). .”

In the Matter of Penn Central Transportation Company. Appeal of United States of America (1987) ca3 · cites it 2× “Congress, providing a means for keeping the railroad in operation during development of the Final System Plan, devised two funding mechanisms: (1) § 213, 45 U.S.C. § 723 , and (2) § 215, 45 U.S.C.”

Matter of Reading Co. (1976) paed · cites it 4× “1 million, respectively, under Sections 213 and 215 of the Regional Rail Reorganization Act of 1973 (RRRA), as amended, 45 U.S.C. §§ 723 , 725 (Findings Nos. 4, 5); 3 (3) Although discontinuation of deferred interline payments would not appreciably affect debtor’s ability to…”

Lehigh and New England Railway Company v. Interstate Commerce Commission and United States, Commonwealth of Pennsylvania (1976) ca3 “’ ” The agreement was underwritten by funds provided by the United States Department of Transportation under section 213 of the Regional Rail Reorganization Act of 1973, 45 U.S.C. § 723 (Supp. IV, 1974). In November of 1975, LVRR and Reading submitted claims for reimbursement of…”

Matter of Valuation Proceedings, Etc. (1982) reglrailreorgct “[171] Sections 213 and 215 of the Rail Act itself, 45 U.S.C. §§ 723 , 725, provided aid, but it was limited in amount, and in duration as well (until the date of conveyance).”

In re Penn Central Transportation Co. (1978) ca3 “See 45 U.S.C. §§ 701 , 716, 742. . See 45 U.S.C.”

In re Penn Central Transportation Co. (1976) ca3 · cites it 2× “See sections 213 and 215 of the 1973 Act, 45 U.S.C. §§ 723 , 725, as amended by Pub.”

In re Penn Central Transportation Co. (1975) ca3 “Section 213 of the Act, 45 U.S.C. § 723 provides for emergency assistance pending implementation of a final system plan.”

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