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(A) when conducting a hearing, whether an order would impair un-
reasonably freight transportation of the rail carrier, with the carrier
having the burden of demonstrating that the additional trains will im-
pair the freight transportation; and
(B) when establishing scheduled running times, the statutory goal of
Amtrak to implement schedules that attain a system-wide average
speed of at least 60 miles an hour that can be adhered to with a high
degree of reliability and passenger comfort.
(3) Unless the parties have an agreement that establishes the compensa-
tion Amtrak will pay the carrier for additional trains provided under an
order under this subsection, the Commission shall decide the dispute under
subsection (a) of this section.
§ 24309. Retaining and maintaining facilities
(a) DEFINITIONS.—In this section—
(1) ‘‘facility’’ means a rail line, right of way, fixed equipment, facil-
ity, or real property related to a rail line, right of way, fixed equipment,
or facility, including a signal system, passenger station and repair
tracks, a station building, a platform, and a related facility, including
a water, fuel, steam, electric, and air line.
(2) downgrading a facility means reducing a track classification as
specified in the Federal Railroad Administration track safety standards
or altering a facility so that the time required for rail passenger trans-
portation to be provided over the route on which a facility is located
may be increased.
(b) APPROVAL REQUIRED FOR DOWNGRADING OR DISPOSAL.—A facility
of a rail carrier or regional transportation authority that Amtrak used to
provide rail passenger transportation on February 1, 1979, may be down-
graded or disposed of only after approval by the Secretary of Transportation
under this section.
(c) NOTIFICATION AND ANALYSIS.—(1) A rail carrier intending to down-
grade or dispose of a facility Amtrak currently is not using to provide trans-
portation shall notify Amtrak of its intention. If, not later than 60 days
after Amtrak receives the notice, Amtrak and the carrier do not agree to
retain or maintain the facility or to convey an interest in the facility to Am-
trak, the carrier may apply to the Secretary for approval to downgrade or
dispose of the facility.
(2) After a rail carrier notifies Amtrak of its intention to downgrade or
dispose of a facility, Amtrak shall survey population centers with rail pas-
senger transportation facilities to assist in preparing a valid and timely
analysis of the need for the facility and shall update the survey as appro-
priate. Amtrak also shall maintain a system for collecting information gath-
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ered in the survey. The system shall collect the information based on geo-
graphic regions and on whether the facility would be part of a short haul
or long haul route. The survey should facilitate an analysis of—
(A) ridership potential by ascertaining existing and changing travel
patterns that would provide maximum efficient rail passenger transpor-
tation;
(B) the quality of transportation of competitors or likely competitors;
(C) the likelihood of Amtrak offering transportation at a competitive
fare;
(D) opportunities to target advertising and fares to potential classes
of riders;
(E) economic characteristics of rail passenger transportation related
to the facility and the extent to which the characteristics are consistent
with sound economic principles of short haul or long haul rail transpor-
tation; and
(F) the feasibility of applying effective internal cost controls to the
facility and route served by the facility to improve the ratio of pas-
senger revenue to transportation expenses (excluding maintenance of
tracks, structures, and equipment and depreciation).
(d) APPROVAL OF APPLICATION AND PAYMENT OF AVOIDABLE COSTS.—
(1) If Amtrak does not object to an application not later than 30 days after
it is submitted, the Secretary shall approve the application promptly.
(2) If Amtrak objects to an application, the Secretary shall decide by not
later than 180 days after the objection those costs the rail carrier may avoid
if it does not have to retain or maintain a facility in the condition Amtrak
requests. If Amtrak does not agree by not later than 60 days after the deci-
sion to pay the carrier these avoidable costs, the Secretary shall approve the
application. When deciding whether to pay a carrier the avoidable costs of
retaining or maintaining a facility, Amtrak shall consider—
(A) the potential importance of restoring rail passenger transpor-
tation on the route on which the facility is located;
(B) the market potential of the route;
(C) the availability, adequacy, and energy efficiency of an alternate
rail line or alternate mode of transportation to provide passenger trans-
portation to or near the places that would be served by the route;
(D) the extent to which major population centers would be served
by the route;
(E) the extent to which providing transportation over the route
would encourage the expansion of an intercity rail passenger system in
the United States; and
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(F) the possibility of increased ridership on a rail line that connects
with the route.
(e) COMPLIANCE WITH OTHER OBLIGATIONS.—Downgrading or dispos-
ing of a facility under this section does not relieve a rail carrier from com-
plying with its other common carrier or legal obligations related to the facil-
ity.
§ 24310. Assistance for upgrading facilities
(a) TO CORRECT DANGEROUS CONDITIONS.—(1) Amtrak or the owner of
a facility presenting a danger to the employees, passengers, or property of
Amtrak may petition the Secretary of Transportation for assistance to the
owner for relocation or other measures undertaken after December 31,
1977, to minimize or eliminate the danger.
(2) The Secretary shall recommend to Congress that Congress authorize
amounts for the relocation or other measures if the Secretary decides that—
(A) the facility presents a danger of death or serious injury to an
employee or passenger or of serious damage to that property; and
(B) the owner should not be expected to bear the cost of that reloca-
tion or other measures.
(b) TO CORRECT STATE AND LOCAL VIOLATIONS.—(1) Amtrak, by itself
or jointly with an owner or operator of a rail station Amtrak uses to provide
rail passenger transportation, may apply to the Secretary for amounts that
may be appropriated under paragraph (2) of this subsection to pay or reim-
burse expenses incurred after October 1, 1987, related to the station com-
plying with an official notice received before October 1, 1987, from a State
or local authority stating that the station violates or allegedly violates the
building, construction, fire, electric, sanitation, mechanical, or plumbing
code.
(2) Not more than $1,000,000, may be appropriated to the Secretary to
carry out paragraph (1) of this subsection. Amounts appropriated under
this paragraph remain available until expended.
§ 24311. Acquiring interests in property by eminent domain
(a) GENERAL AUTHORITY.—(1) To the extent financial resources are
available, Amtrak may acquire by eminent domain under subsection (b) of
this section interests in property—
(A) necessary for intercity rail passenger transportation, except
property of a rail carrier, a State, a political subdivision of a State,
or a governmental authority; or
(B) requested by the Secretary of Transportation in carrying out the
Secretary’s duty to design and build an intermodal transportation ter-
minal at Union Station in the District of Columbia if the Secretary
assures Amtrak that the Secretary will reimburse Amtrak.
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(2) Amtrak may exercise the power of eminent domain only if it cannot—
(A) acquire the interest in the property by contract; or
(B) agree with the owner on the purchase price for the interest.
(b) CIVIL ACTIONS.—(1) A civil action to acquire an interest in property
by eminent domain under subsection (a) of this section must be brought in
the district court of the United States for the judicial district in which the
property is located or, if a single piece of property is located in more than
one judicial district, in any judicial district in which any piece of the prop-
erty is located. An interest is condemned and taken by Amtrak for its use
when a declaration of taking is filed under this subsection and an amount
of money estimated in the declaration to be just compensation for the inter-
est is deposited in the court. The declaration may be filed with the com-
plaint in the action or at any time before judgment. The declaration must
contain or be accompanied by—
(A) a statement of the public use for which the interest is taken;
(B) a description of the property sufficient to identify it;
(C) a statement of the interest in the property taken;
(D) a plan showing the interest taken; and
(E) a statement of the amount of money Amtrak estimates is just
compensation for the interest.
(2) When the declaration is filed and the deposit is made under para-
graph (1) of this subsection, title to the property vests in Amtrak in fee
simple absolute or in the lesser interest shown in the declaration, and the
right to the money vests in the person entitled to the money. When the dec-
laration is filed, the court may decide—
(A) the time by which, and the terms under which, possession of the
property is given to Amtrak; and
(B) the disposition of outstanding charges related to the property.
(3) After a hearing, the court shall make a finding on the amount that
is just compensation for the interest in the property and enter judgment
awarding that amount and interest on it. The rate of interest is 6 percent
a year and is computed on the amount of the award less the amount depos-
ited in the court from the date of taking to the date of payment.
(4) On application of a party, the court may order immediate payment
of any part of the amount deposited in the court for the compensation to
be awarded. If the award is more than the amount received, the court shall
enter judgment against Amtrak for the deficiency.
(c) AUTHORITY TO CONDEMN RAIL CARRIER PROPERTY INTERESTS.—
(1) If Amtrak and a rail carrier cannot agree on a sale to Amtrak of an
interest in property of a rail carrier necessary for intercity rail passenger
transportation, Amtrak may apply to the Interstate Commerce Commission