Regional Rail Reorganization Act of 1973

(LATEST SUMMARY)

Regional Rail Reorganization Act - =Title I: General Provisions= - States the congressional findings and declaration of purpose and defines the terms used in this Act.

=Title II: United States Railway Association= - Establishes a Government Nonprofit Corporation to be known as the United States Railway Association, which shall maintain its principal office in the District of Columbia and shall be deemed for the purposes of venue in civil actions to be a resident thereof. Authorizes the Association to plan and assist, in the form of loans, rail service and facilities in the northeast region.

Directs the Association to: (1) prepare a survey of existing rail services in the region, including patterns of traffic movement; traffic density over identified lines; pertinent costs and revenues of lines; and plant, equipment, and facilities (including yards and terminals); (2) prepare an economic and operational study and analysis of present and future rail service needs in the region; the nature and volume of the traffic in the region now being moved by rail or likely to be moved by rail in the future; the extent to which available alternative modes of transportation could move such traffic as is now carried by railroads in reorganization; the relative economic, social, and environmental costs that would be involved in the use of such available alternative modes, including energy resource costs; and the competitive or other effects on profitable railroads; (3) prepare a study of rail passenger services in the region, in terms of scope and quality; (4) consider the views of the Office and of all Government officials and persons who submit views, reports, or testimony under this title or in the course of proceedings conducted by the Office; (5) consider methods of achieving economics in the cost of rail system operations in the region including consolidation, pooling, and joint use or operation of lines, facilities, and operating equipment; relocation; rehabilitation and modernization of equipment, track, and other facilities; and abandonment of lines consistent with meeting needs and service requirements; together with the anticipated economic, social, and environmental costs and benefits of each such method; (6) consider the effect on railroad employees of any restructuring of rail services in the region; and (7) make available to the Secretary, the Director of the Office, and appropriate committees of the Congress all studies, data, and other information acquired or developed by the Association.

Establishes in the Interstate Commerce Commission a new office to be known as the Rail Services Planning Office. States that the purpose of the Office shall be to solicit, study, and evaluate the views with respect to present and future rail service needs of the region from Governors of States within the region; mayors and chief executives of political subdivisions within such states; shippers; the Secretary of Defense; and other interested parties; and to assist States and local transportation agencies in making determinations whether to provide rail service continuation subsidies to maintain in operation particular rail properties.

Provides for judicial review of this Act.

Requires, within 300 days after the date of enactment of this Act, the Association to adopt and release a preliminary system plan prepared by it on the basis of reports and other information submitted to it by the Secretary, the Office, and interested persons in accordance with this Act and on the basis of its own investigations, consultations, research, evaluation, and analysis pursuant to this Act. Requires the Association to invite and afford interested persons an opportunity to submit comments on the preliminary system plan to the Association within 60 days after the date of its release.

Authorizes to be appropriated to the Secretary for purposes of preparing the reports and exercising other functions to be performed by him under this Act such sums as are necessary, not to exceed $12,500,000, to remain available until expended.

Authorizes to be appropriated to the Commission for the use of the Office in carrying out its functions under this Act such sums as are necessary, not to exceed $5,000,000, to remain available until expended.

Authorizes to be appropriated to the Association for purposes of carrying out its administrative expenses under this Act such sums as are necessary, not to exceed $26,000,000, to remain available until expended.

=Title III: Consolidated Rail Corporation= - Establishes a Consolidated Rail Corporation. States that such Corporation shall be a for-profit Corporation and shall not be an instrumentality of the Federal Government. Sets out the powers and duties of the Corporation.

Provides that rail service on rail properties of a railroad in the region which transfers to the Corporation or to profitable railroads operating in the region all or substantially all of its rail properties designated for such conveyance in the final system plan, and rail service on rail properties of a profitable railroad operating in the region which transfers substantially all of its rail properties to the Corporation or to other railroads pursuant to the final system plan may be discontinued to the extent such discontinuance is not precluded by the terms of the leases and agreements if: (1) the final system plan does not designate rail service to be operated over such rail properties; and (2) not sooner than 30 days following the effective date of the final system plan the trustee or trustees of the applicable railroad in reorganization or a profitable railroad give notice in writing of intent to discontinue such rail service on a date certain which is not less than 60 days after the date of such notice; and (3) the notice required by paragraph (2) of this subsection is sent by certified mail to the Governor and State transportation agencies of each State and to the government of each political subdivision of each State in which such rail properties are located and to each shipper who has used such rail service during the previous 12 months.

Provides that rail properties over which rail service has been discontinued may not be abandoned sooner than 120 days after the effective date of such discontinuance.

Allows rail service to be discontinued and rail properties to be abandoned notwithstanding any provision of the Interstate Commerce Act or the constitution or law of any State or the decision of any court or administrative agency of the United States or of any State. Prohibits rail service from being discontinued or abandoned pursuant to this Act: (1) after 2 years from the effective date of the final system plan or more than 2 years after the final payment of any rail service continuation subsidy is received, whichever is later; or (2) if a shipper, a State, the United States, a local or regional transportation authority, or any responsible person offers specified subsidies.

=Title IV: Local Rail Services= - Requires that the Secretary of Transportation provide financial assistance for the purpose of rail continuation subsidies. Authorizes the Secretary to provide loans to state or local transportation authorities for the purpose of aiding in the purchase of rail properties or for rail modernization.

=Title V: Employee Protection= - Provides that the Corporation and the Association shall be subject to the provisions of the Railway Labor Act.

Provides for: (1) collective bargaining agreements; (2) compensation allowance for displaced employees; (3) contracting out; (4) arbitration; and (5) payment of benefits.

=Title VI: Miscellaneous Provisions= - Sets forth miscellaneous provisions dealing with the applicability of antitrust laws, the Interstate Commerce Act, and the Bankruptcy Act.

Directs the Interstate Commerce Commission to expedite proceedings which will eliminate discrimination against the shipment of recyclable materials.