Title 45 — Railroads
Chapter 19 — Rock Island Railroad Employee Assistance
§ 1016. Temporary rail banking
Statutory text
During the 180-day period beginning on , no rail line or facility of the Rock Island Railroad which has been approved for abandonment by the Commission or the bankruptcy court may be downgraded, scrapped, or otherwise disposed of without the approval of the Secretary under this section. In no case before abandonment has been approved and before the 180-day period has elapsed shall the Secretary approve a disposition of such portion of the rail line or related facility to any carrier or other entity not engaged in providing railroad services or not formed for the purpose of providing railroad services. The Secretary, upon application by the Rock Island Railroad, shall grant such approval unless he finds that—
a rail carrier, shipper, State, or other interested party has expressed in writing an interest in purchasing, leasing or rehabilitating the particular rail line or facility for purposes of providing rail service; and
there is a reasonable expectation that such purchase transaction will be consummated.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Rock Island Railroad Transition and Employee Assistance Act
Pub. L. 96–254 title I § 121 · 94 Stat. 399
Enacted · 45 U.S.C. § 1016
(Pub. L. 96–254, title I, § 121, May 30, 1980, 94 Stat. 409.)
Source evidence
Code source credit
(Pub. L. 96–254, title I, § 121, May 30, 1980, 94 Stat. 409.)Enacted provision · exact public law section
Sec. 121. temporary rail banking During the 180-day period beginning on the date of Approval by Secretary. 45 USC 1016. enactment of this Act, no rail line or facility of the Rock Island Railroad which has been approved for abandonment by the Commission or the bankruptcy court may be downgraded, scrapped, or otherwise disposed of without the approval of the Secretary under this section. In no case before abandonment has been approved and before the 180-day period has elapsed shall the Secretary approve a disposition of such portion of the rail line or related facility to any carrier or other entity not engaged in providing railroad services or not formed for the purpose of providing railroad services. The Disapproval conditions. Secretary, upon application by the Rock Island Railroad, shall grant such approval unless he finds that— (1) a rail carrier, shipper, State, or other interested party has expressed in writing an interest in purchasing, leasing or rehabilitating the particular rail line or facility for purposes of providing rail service; and (2) there is a reasonable expectation that such purchase transaction will be consummated.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Abolition 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 , 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.