45 U.S.C. § 801

Declaration of policy

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(a) PurposeThe purpose of this Act and chapter 224 of title 49, United States Code, is to provide the means to rehabilitate and maintain the physical facilities, improve the operations and structure, and restore the financial stability of the railway system of the United States, and to promote the revitalization of such railway system, so that this mode of transportation will remain viable in the private sector of the economy and will be able to provide energy-efficient, ecologically compatible transportation services with greater efficiency, effectiveness, and economy, through—(1) ratemaking and regulatory reform;(2) the encouragement of efforts to restructure the system on a more economically justified basis, including planning authority in the Secretary of Transportation, an expedited procedure for determining whether merger and consolidation applications are in the public interest, and continuing reorganization authority;(3) financing mechanisms that will assure adequate rehabilitation and improvement of facilities and equipment, implementation of the final system plan, and implementation of the Northeast Corridor project;(4) transitional continuation of service on light-density rail lines that are necessary to continued employment and community well-being throughout the United States;(5) auditing, accounting, reporting, and other requirements to protect Federal funds and to assure repayment of loans and financial responsibility; and(6) necessary studies.(b) PolicyThe policy of this Act and chapter 224 of title 49, United States Code, is to—(1) balance the needs of carriers, shippers, and the public;(2) foster competition among all carriers by railroad and other modes of transportation, to promote more adequate and efficient transportation services, and to increase the attractiveness of investing in railroads and rail-service-related enterprises;(3) permit railroads greater freedom to raise or lower rates for rail services in competitive markets;(4) promote the establishment of railroad rate structures which are more sensitive to changes in the level of seasonal, regional, and shipper demand;(5) promote separate pricing of distinct rail and rail-related services;(6) formulate standards and guidelines for determining adequate revenue levels for railroads; and(7) modernize and clarify the functions of railroad rate bureaus.(Pub. L. 94–210, title I, § 101, Feb. 5, 1976, 90 Stat. 33; Pub. L. 117–58, div. B, title I, § 21301(j)(3)(A), Nov. 15, 2021, 135 Stat. 691.)Editorial NotesReferences in Text

This Act, referred to in text, means Pub. L. 94–210, Feb. 5, 1976, 90 Stat. 31, known as the Railroad Revitalization and Regulatory Reform Act of 1976. For complete classification of this Act to the Code, see Short Title note set out below and Tables.

Amendments

2021—Subsec. (a). Pub. L. 117–58, § 21301(j)(3)(A)(i), substituted “The purpose of this Act and chapter 224 of title 49, United States Code, is to” for “It is the purpose of the Congress in this Act to” in introductory provisions.

Subsec. (b). Pub. L. 117–58, § 21301(j)(3)(A)(ii), substituted “The policy of this Act and chapter 224 of title 49, United States Code, is” for “It is declared to be the policy of the Congress in this Act” in introductory provisions.

Statutory Notes and Related SubsidiariesShort Title of 2015 Amendment

Pub. L. 114–94, div. A, title XI, § 11601(a), Dec. 4, 2015, 129 Stat. 1693, provided that: “This subtitle [subtitle F (§§ 11601–11611) of title XI of div. A of Pub. L. 114–94, amending sections 821 to 823 of this title and enacting provisions set out as notes under section 821 of this title] may be cited as the ‘Railroad Infrastructure Financing Improvement Act’.”

Short Title

Pub. L. 94–210, § 1, Feb. 5, 1976, 90 Stat. 31, provided in part that this Act [enacting this chapter and sections 726 and 745 to 747 of this title, and sections 1a, 5c, 26b, 26c, 1613, 1653a, 1654, and 1657a of former Title 49, Transportation, amending sections 543, 545, 546, 562 to 564, 702, 711 to 713, 715, 716, 718 to 721, 724, 725, 741, 743, 744, 762, 763, 771, 772, 774, 775, 778, 779, and 791 of this title, sections 77c, 77s, 78m, and 80a–3 of Title 15, Commerce and Trade, sections 11 and 856 of former Title 31, Money and Finance, and sections 1, 1a, 5, 5b, 6, 12, 13, 15, 15a, 17, 20, 27, 314, 1653, 1658, and 1659 of former Title 49, repealing sections 761 to 762 of this title, enacting provisions set out as notes under sections 745, 761, 791, and 793 of this title, sections 77c and 80a–3 of Title 15, and sections 1, 1a, 5b, 5c, 17, and 1654 of former Title 49, and amending notes set out under section 1651 of former Title 49] may be cited as the “Railroad Revitalization and Regulatory Reform Act of 1976”.

Notes of Decisions

Cited in 46 cases, 1977–2018 · leading case: Regents of the Univ. of California v. Bakke, 438 U.S. 265 (1978).

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Regents of the Univ. of California v. Bakke, 438 U.S. 265 (1978). · cites it 2× “" Once again, there is no indication in the legislative history of this Act or elsewhere that Congress saw any inconsistency between the race-conscious nature of such legislation and the meaning of Title VI. And, once again, it is unlikely in the extreme that a Congress which…”

Caldwell, Iii v. United States, 391 F.3d 1226 (Fed. Cir. 2004). “Consistent with the purposes of that Act, and in furtherance of the national policy to preserve established railroad rights-of-way for future reactivation of rail service, to protect rail transportation corridors, and to encourage energy efficient transportation use, in the case…”

CSX Transp., Inc. v. Alabama Dep't of Revenue, 888 F.3d 1163 (11th Cir. 2018). · cites it 2× “" 45 U.S.C. § 801 (a), (b)(2). The 4-R Act forbids states from discriminating against rail carriers in assessing property or imposing taxes.”

Atchison, Topeka & Santa Fe Ry. Co. v. Bair, 338 N.W.2d 338 (Iowa 1983). · cites it 2× “" 45 U.S.C. § 801 (b)(1) (1982 Supp.). The act made a major commitment of federal financing for railroad rehabilitation and improvement to selected railroads "according to the degree to which they are essential to the rail transportation system.”

Org. of Minority Vendors, Inc. v. Illinois Cent. Gulf R.R., 579 F. Supp. 574 (N.D. Ill. 1983). · cites it 2× “Statutory Background The Railroad Revitalization and Regulatory Reform Act of 1976 (the 4-R Act), 45 U.S.C. § 801 , et seq., was enacted to “provide the means to rehabilitate and maintain the physical facilities, improve the operations and structure, and restore the financial…”

I.C.S. Illinois, Inc. v. Waste Mgmt. of Illinois, Inc., 931 N.E.2d 318 (Ill. App. Ct. 2010). “The Organization of Minority Vendors, Incorporated (OMVI), alleged that the defendants received funding from the federal government to complete infrastructure improvements under the Railroad Revitalization and Regulatory Reform Act of 1976 (the 4-R Act) ( 45 U.S.C. §801 et seq.…”

Massachusetts Bay Transp. Auth. v. United States, 129 F.3d 1226 (Fed. Cir. 1997). “BACKGROUND Pursuant to the Railroad Revitalization and Regulatory Reform Act of 1976, 45 U.S.C. § 801 et seq., FRA was charged with implementing the Northeast Corridor Improvement Project for passenger rail service and stations from Washington, D.”

W. Air Lines, Inc. v. Hughes Cnty., 372 N.W.2d 106 (S.D. 1985). · cites it 2× “The prohibition in (d)(1), with one exception, is almost verbatim to the prohibition found in federal legislation dealing with railroads and motor vehicles under the Revised Interstate Commerce Act of 1978 and the earlier Railroad Revitalization and Regulatory Reform Act of…”

Atchison, Topeka & Santa Fe Ry. Co. v. Interstate Com. Comm'n, 580 F.2d 623 (D.C. Cir. 1978). · cites it 2× “Section 101(a) of the Act, 45 U.S.C. § 801 (a), states that [i]t is the purpose of the Congress in this Act to provide the means to rehabilitate and maintain the physical facilities, improve the operations and structure, and restore the financial stability of the railway system…”

Rasmuson v. United States, 91 Fed. Cl. 204 (Fed. Cl. 2010). “§ 1247 (d), provides: (d) Interim use of railroad rights-of-way The Secretary of Transportation, the Chairman of the Surface Transportation Board, and the Secretary of the Interior, in administering the Railroad Revitalization and Regulatory Reform Act of 1976 [ 45 U.S.C. § 801…”

Peoria & Pekin Union Ry. Co. v. Dep't of Revenue, 704 N.E.2d 884 (Ill. App. Ct. 1998). · cites it 2× “In 1980 the railway entered into an agreement to borrow federal funds for improvements as permitted under the Railroad Revitalization and Regulatory Reform Act ( 45 U.S.C. § 801 et seq. (1982)). Ultimately, $3.”

Buffalo Twp. v. Jones, 778 A.2d 1269 (Pa. Commw. Ct. 2001). “The Secretary of Transportation, the Chairman of the Surface Transportation Board, and the Secretary of the Interior, in administering the Railroad Revitalization and Regulatory Reform Act of 1976 [ 45 U.S.C. § 801 et seq.], shall encourage State and local agencies and private…”

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