§1111. Northeast Corridor cost dispute

(a) Determination of costing methodology

(1) Within 120 days after August 13, 1981, the Commission shall determine an appropriate costing methodology for compensation to Amtrak for the right-of-way related costs for the operation of commuter rail passenger service over the Northeast Corridor and other properties owned by Amtrak, unless Conrail, Amtrak, and affected commuter authorities have otherwise agreed on such a methodology by that date. In making its determination, the Commission shall consider all relevant factors, including the standards of sections 205(d) and 304(c) of the Regional Rail Reorganization Act of 1973 [45 U.S.C. 715(d), 744(c)], and sections 24308(a)(1) and (2) and 24904(c) of title 49.

(2) The Commission, in making such a determination, shall consider all relevant factors, and shall not permit cross subsidization between intercity rail passenger service and commuter rail passenger service.

(b) Effective date of determination or agreement

Any determination by the Commission under this section shall be effective on the date of such determination, and any agreement of the parties under this section shall be effective on the date specified in such agreement. Any such determination or agreement shall not apply to any compensation paid to Amtrak prior to the date of such determination or the date so specified, as the case may be, for the right-of-way related costs described in subsection (a) of this section.

(c) Agreement subsequent to determination

Nothing in this section shall preclude parties from entering into an agreement, after the determination of the Commission or their initial agreement under this section, with respect to the right-of-way related costs described in subsection (a) of this section.

(d) Finality of determination

Any determination by the Commission under this section shall be final and shall not be reviewable in any court.

( Pub. L. 97–35, title XI, §1163, Aug. 13, 1981, 95 Stat. 685 ; Pub. L. 99–272, title IV, §4017(a)(1), Apr. 7, 1986, 100 Stat. 110 .)

References in Text

Section 205(d) of the Regional Rail Reorganization Act of 1973 [45 U.S.C. 715(d)], referred to in subsec. (a)(1), was repealed by Pub. L. 95–473, §4(b), Oct. 17, 1978, 92 Stat. 1466 , the first section of which enacted subtitle IV (§10101 et seq.) of Title 49, Transportation. Provisions of such section 205(d) are covered by section 10362(a)(1), (b)(1)–(6), (8), (c) of Title 49.

Codification

In subsec. (a)(1), "and sections 24308(a)(1) and (2) and 24904(c) of title 49" substituted for "section 701(a)(6) of the Railroad Revitalization and Regulatory Reform Act of 1976 [45 U.S.C. 851(a)(6)], and section 402(a) of the Rail Passenger Service Act [45 U.S.C. 562(a)]" on authority of Pub. L. 103–272, §6(b), July 5, 1994, 108 Stat. 1378 , the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation.

Amendments

1986-Subsec. (a)(2). Pub. L. 99–272 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "Within 120 days after August 13, 1981, the Commission shall determine a fair and equitable costing methodology for compensation to Amtrak by Conrail for the right-of-way related costs for the operation of rail freight service over the Northeast Corridor, unless Conrail and Amtrak have otherwise agreed on such a methodology by that date. In making its determination, the Commission shall take into consideration the industry-wide average compensation for freight trackage rights and any additional costs associated with high-speed service provided over the Northeast Corridor."

Continued Effectiveness of Decisions Issued Prior to April 7, 1986

Section 4017(a)(2) of Pub. L. 99–272 provided that: "Any decisions of the Interstate Commerce Commission before the date of enactment of this Act [Apr. 7, 1986] under section 1163(a)(2) of the Northeast Rail Service Act of 1981 (45 U.S.C. 1111(a)(2)) shall have no force and effect after the date of enactment of this Act."

Section Referred to in Other Sections

This section is referred to in section 727 of this title; title 49 section 24505.