218
(2) consult with that State or local government—
(A) to evaluate alternatives to the speed restriction, considering
the local safety hazard that is the basis for the restriction; and
(B) to consider modifying or eliminating the restriction to allow
safe operation at higher speeds.
(c) HIGH-SPEED RAIL TRANSPORTATION DEVELOPMENT.—On reason-
able request by a State, political subdivision of a State, regional partner-
ship, private sector representative, or other qualified person, Amtrak shall
consult and cooperate to the extent feasible with that person to assist the
efforts of that person to achieve high-speed rail transportation through
equipment upgrades, grade-crossing safety improvements, and incremental
infrastructure improvements on existing rail facilities that Amtrak uses (ex-
cept the Northeast Corridor facilities). Not later than September 30, 1993,
Amtrak shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on its efforts under this subsection.
(d) ROUTES CONNECTING CORRIDORS.—Amtrak shall begin or improve
appropriate rail passenger transportation on a route between corridors that
Amtrak decides is justified because it will increase ridership on trains of
Amtrak on the route and in the connecting corridors.
§ 24703. Route and service criteria
(a) ROUTE DISCONTINUANCES AND ADDITIONS.—Except as provided in
this part, route discontinuances and route additions shall comply with the
route and service criteria.
(b) CONGRESSIONAL REVIEW OF CRITERIA AMENDMENTS.—(1) Amtrak
shall submit to Congress a draft of an amendment to the route and service
criteria when Amtrak decides an amendment is appropriate. The amend-
ment is effective at the end of the first period of 120 calendar days of con-
tinuous session of Congress after it is submitted unless there is enacted into
law during the period a joint resolution stating Congress does not approve
the amendment.
(2) In this subsection—
(A) a continuous session of Congress is broken only by an adjourn-
ment sine die; and
(B) the 120-day period does not include days on which either House
is not in session because of adjournment of more than 3 days to a day
certain.
(c) NONAPPLICATION.—The route and service criteria do not apply to—
(1) increasing or, because of construction schedules or other tem-
porary disruptive facts or seasonal fluctuations in ridership, decreasing
219
the number of trains on an existing route or a part of an existing route
or on a route on which additional trains are being tested;
(2) carrying out the recommendations developed under section 4 of
the Amtrak Improvement Act of 1978;
(3) rerouting transportation between major population centers on an
existing route; or
(4)(A) modifying transportation operations under section 24707(a)
of this title; and
(B) modifying the route system or discontinuing transportation
under section 24707(b) of this title.
§ 24704. Transportation requested by States, authorities,
and other persons
(a) APPLICATIONS TO BEGIN OR KEEP TRANSPORTATION.—(1) A State,
a regional or local authority, or another person may apply to Amtrak and
request Amtrak to provide rail passenger transportation or keep any part
of a train, route, or service that Amtrak intends to discontinue under sec-
tion 24706(a) or (b) or 24707(a) or (b) of this title. An application shall—
(A) assure Amtrak that the State, authority, or person has sufficient
resources to meet its share of the cost of the transportation for the
time the transportation will be provided;
(B) contain a market analysis acceptable to Amtrak to ensure that
there is adequate demand for the transportation; and
(C) commit the State, authority, or person to provide at least 45 per-
cent of the short term avoidable loss of providing the transportation
the first year the transportation is provided and at least 65 percent of
the short term avoidable loss each of the following years, and, except
as provided in section 24104(a) of this title, at least 50 percent of as-
sociated capital costs each year the transportation is provided.
(2) An application submitted by more than one State shall be considered
in the same way as an application submitted by one State, without it being
necessary for each State to comply with paragraph (1) of this subsection.
(b) ACTIONS ON APPLICATIONS.—(1) Amtrak shall review each applica-
tion submitted under subsection (a) of this section to decide whether—
(A) the application complies with subsection (a); and
(B) there is a reasonable probability that Amtrak can provide the
transportation from available resources.
(2) Amtrak may make an agreement with an applicant under this section
to begin or keep the transportation if Amtrak decides that the transpor-
tation can be provided with resources available to Amtrak. An agreement
may be renewed for additional periods of not more than 2 years each.
220
(c) SELECTING AMONG COMPETING APPLICATIONS.—If more than one
application is made for transportation consistent with the requirements of
subsection (a) of this section, but all the transportation applied for cannot
be provided with the available resources of Amtrak, the board of directors
of Amtrak shall select the transportation that best serves the public interest
and can be provided with the available resources of Amtrak.
(d) FARE INCREASES.—(1) Before increasing a fare applicable to trans-
portation provided under subsection (b)(2) of this section by more than 5
percent during a 6-month period, Amtrak shall consult with officials of each
State affected by the increase and explain why the increase is necessary.
(2) Except as provided in paragraph (3) of this subsection, a fare in-
crease described in paragraph (1) of this subsection takes effect 90 days
after Amtrak first consults with the affected States. However, not later than
30 days after the first consultation, a State may submit proposals to Am-
trak for reducing costs and increasing revenues of the transportation. Am-
trak shall consider the proposals in deciding how much of the proposed in-
crease shall go into effect.
(3)(A) Amtrak may increase a fare without regard to the restrictions of
this subsection during—
(i) the first month of a fiscal year if the authorization of appropria-
tions and the appropriations for Amtrak are not enacted at least 90
days before the beginning of the fiscal year; or
(ii) the 30 days following enactment of an appropriation for Amtrak
or a rescission of an appropriation.
(B) Amtrak shall notify each affected State of an increase under subpara-
graph (A) of this paragraph as soon as possible after Amtrak decides to
increase a fare.
(e) DETERMINING LOSS, COSTS, AND REVENUES.—After consulting with
officials of each State contributing to providing transportation under sub-
section (b)(2) of this section, the board shall establish the basis for deter-
mining short term avoidable loss and associated capital costs of, and reve-
nues from, the transportation. Amtrak shall give State officials the basis for
determining the loss, cost, and revenue for each route on which transpor-
tation is provided under subsection (b)(2).
(f) AVAILABILITY OF AMOUNTS.—Amounts provided by Amtrak under an
agreement with an applicant under subsection (b)(2) of this section that are
allocated for associated capital costs remain available until expended.
(g) ADVERTISING AND PROMOTION.—At least 2 percent but not more
than 5 percent of the revenue generated by transportation provided under
subsection (b)(2) of this section shall be used for advertising and promotion
at the local level.
221
§ 24705. Additional qualifying routes
(a) ROUTES RECOMMENDED FOR DISCONTINUANCE.—(1) To maintain a
national intercity rail passenger system in the United States and if a reduc-
tion in operating expenses can be achieved, Amtrak shall provide rail pas-
senger transportation over each route the Secretary of Transportation rec-
ommended be discontinued under section 4 of the Amtrak Improvement Act
of 1978 and may restructure a route to serve a major population center as
an ending place or principal intermediate place. Transportation over a long
distance route shall be maintained if the Amtrak estimate for the fiscal year
ending September 30, 1980, was that the short term avoidable loss for each
passenger mile on the route was not more than 7 cents. Transportation over
a short distance route shall be maintained if the Amtrak estimate for the
fiscal year ending September 30, 1980, was that the short term avoidable
loss for each passenger mile on the route was not more than 9 cents.
(2) For all routes, Amtrak shall calculate short term avoidable loss for
each passenger-mile based on consistently defined factors. Calculations shall
be based on the most recent available statistics for a 90-day period, except
that Amtrak may use historical information adjusted to reflect the most re-
cent available statistics.
(b) DEFERRAL OF SECRETARY’S RECOMMENDATIONS.—(1) To provide
equivalent or improved transportation consistent with the goals of section
4(a) of the Act, Amtrak may defer carrying out a recommendation of the
Secretary under section 4 of the Act that requires providing transportation
over a rail line not used in intercity rail passenger transportation on May
24, 1979, requires using a new facility, or requires making a new labor
agreement, until any necessary capital improvements are made in the line
or facility or the agreement is made.
(2) Notwithstanding another law and the route and service criteria, dur-
ing the period a decision of the Secretary under section 4 of the Act is de-
ferred, Amtrak shall provide substitute transportation over existing routes
recommended for restructuring and over other existing feasible routes. Ex-
cept for transportation concentrating on commuter ridership over a short
haul route, transportation provided under this paragraph may be provided
only if the route complies with subsection (a) of this section, adjusted to
reflect constant 1979 dollars.
(c) SHORT HAUL DEMONSTRATION ROUTES.—Notwithstanding this part,
Amtrak may provide short haul trains on additional routes totaling not
more than 200 miles that link at least 2 major metropolitan areas—
(1) on a demonstration basis to establish the feasibility and benefits
of the transportation; and
(2) to the extent available resources allow.