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U.S. Code as of:
01/19/04
Section 1003. Service continuation
(a) Situations requiring directed service; time period
Notwithstanding the provisions of Public Law 96-131, the
Commission shall order directed service for a period of not to
exceed 90 days over any line of the Rock Island Railroad if the
Secretary finds and certifies to the Commission that -
(1) a lack of rail service exists which cannot be resolved by a
grant of interim operating authority over such line and grains or
foods are ready to be shipped to market; or
(2) a lack of rail service exists which cannot be resolved by a
grant of interim operating authority over such line and a rail
carrier, shipper, State, or other interested party has expressed
in writing to the Secretary an interest in purchasing, leasing,
or rehabilitating the particular rail line or facility for
purposes of providing rail services, and there is a reasonable
expectation that such transaction will be consummated.
(b) Availability of funds
(1) Not more than $15,000,000 of the funds available for
expenditure by the Secretary out of the Railroad Rehabilitation and
Improvement Fund established under title V of the Railroad
Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 821 et
seq.) may be made available by the Secretary to the Commission for
purposes of providing directed service under this section and
section 916(b) (!1) of this title.
(2) Funds may be made available for directed service under this
section without regard to the findings of the Secretary required
under title V of the Railroad Revitalization and Regulatory Reform
Act of 1976 [45 U.S.C. 821 et seq.], and section 516 of such Act
(45 U.S.C. 836) shall not apply to any directed service provided
with such funds.
(c) Continuation of compensation terms for trackage rights, joint
facilities, etc.
The terms of compensation for all trackage rights, joint
facilities, and similar arrangements between other rail carriers
and the trustee of the Rock Island Railroad which are in effect on
or after March 15, 1980, on portions of the lines of the Rock
Island Railroad involved in temporary emergency operations shall be
continued in effect during the duration of the temporary emergency
operating authority with the carrier providing temporary emergency
service substituting for the trustee, except where the Rock Island
Railroad has been given more favorable treatment by virtue of its
bankruptcy. Such continuation shall not alter or affect the
ultimate rights of other rail carriers under trackage rights, joint
facilities, or similar arrangements nor prejudice the ultimate
determination of any controversy or proceeding concerning rights of
the parties with regard to assignment by the trustee of rights in
or to the facilities or under the arrangements.
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