---
kind: "section"
citation: "45 U.S.C. § 716"
title: "45"
title_heading: "Railroads"
number: "716"
heading: "Final system plan"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/45/716"
units:
  - "Chapter 16 — Regional Rail Reorganization"
  - "Subchapter II — United States Railway Association"
---

# §716. Final system plan

- (a) **Goals—** The [final system plan](/usc/45/702.md?p=8) shall be formulated in such a way as to effectuate the following goals:
  - (1) the creation, through a process of reorganization, of a financially self-sustaining rail and express service system in the [region](/usc/45/702.md?p=17);
  - (2) the establishment and maintenance of a rail service system adequate to meet the rail transportation needs and service requirements of the [region](/usc/45/702.md?p=17);
  - (3) the establishment of improved high-speed rail passenger service, consonant with the recommendations of the [Secretary](/usc/45/702.md?p=18) in his report of September 1971, entitled “Recommendations for Northeast Corridor Transportation”;
  - (4) the preservation, to the extent consistent with other goals, of existing patterns of service by [railroads](/usc/45/702.md?p=15) (including short-line and terminal [railroads](/usc/45/702.md?p=15)), and of existing [railroad](/usc/45/702.md?p=15) trackage in areas in which fossil fuel natural resources are located, and the utilization of those modes of transportation in the [region](/usc/45/702.md?p=17) which require the smallest amount of scarce energy resources and which can most efficiently transport energy resources;
  - (5) the retention and promotion of competition in the provision of rail and other transportation services in the [region](/usc/45/702.md?p=17);
  - (6) the attainment and maintenance of any environmental standards, particularly the applicable national ambient air quality standards and plans established under the Clean Air Act Amendments of 1970, taking into consideration the environmental impact of alternative choices of action;
  - (7) the movement of passengers and freight in rail transportation in the [region](/usc/45/702.md?p=17) in the most efficient manner consistent with safe operation, including the requirements of commuter and intercity rail passenger service; the extent to which there should be coordination with the National [Railroad](/usc/45/702.md?p=15) Passenger [Corporation](/usc/45/702.md?p=5) and similar entities; and the identification of all short-to-medium distance corridors in densely populated areas in which the major upgrading of rail lines for high-speed passenger operation would return substantial public benefits; and
  - (8) the minimization of job losses and associated increases in unemployment and community benefit costs in areas in the [region](/usc/45/702.md?p=17) presently served by rail service.
- (b) **Factors—** The [final system plan](/usc/45/702.md?p=8) shall be based upon due consideration of all factors relevant to the realization of the goals set forth in [subsection (a)](#a) of this section. Such factors include the need for and the cost of rehabilitation and modernization of track, equipment, and other facilities; methods of achieving economies in the cost of rail operations in the [region](/usc/45/702.md?p=17); means of achieving rationalization of rail services and the rail service system in the [region](/usc/45/702.md?p=17); marketing studies; the impact on [railroad](/usc/45/702.md?p=15) employees; consumer needs; traffic analyses; financial studies; and any other factors identified by the [Association](/usc/45/702.md?p=1) under [section 712(b)](/usc/45/712.md?p=b)[^1] of this title or in the report of the [Secretary](/usc/45/702.md?p=18) required under [section 714(a) of this title](/usc/45/714.md).
- (c) **Designations—** The [final system plan](/usc/45/702.md?p=8) shall designate—
  - (1) which [rail properties](/usc/45/702.md?p=14) of [railroads](/usc/45/702.md?p=15) in reorganization in the [region](/usc/45/702.md?p=17) or of [railroads](/usc/45/702.md?p=15) leased, operated, or controlled by any [railroad in reorganization](/usc/45/702.md?p=16) in the [region](/usc/45/702.md?p=17)—
    - (A) shall be transferred to the [Corporation](/usc/45/702.md?p=5): Provided, That the [Corporation](/usc/45/702.md?p=5) shall, within 95 days after the [effective date of the final system plan](/usc/45/702.md?p=6), give notice to the [Association](/usc/45/702.md?p=1) of which such [rail properties](/usc/45/702.md?p=14), if any, are to be transferred to a [subsidiary](/usc/45/702.md?p=20) of the [Corporation](/usc/45/702.md?p=5) in the event that the Board of Directors of the [Association](/usc/45/702.md?p=1) finds that such transfer would be consistent with the [final system plan](/usc/45/702.md?p=8);
    - (B) shall be offered for sale to a [profitable railroad](/usc/45/702.md?p=13) operating in the [region](/usc/45/702.md?p=17) and, if such offer is accepted, operated by such [railroad](/usc/45/702.md?p=15); the plan shall designate what additions shall be made to the designation under subparagraph (A) of this paragraph and what alternative designations shall be made under this paragraph in the event such [profitable railroad](/usc/45/702.md?p=13) fails to accept such offer;
    - (C) shall be purchased, leased, or otherwise acquired from the [Corporation](/usc/45/702.md?p=5) by the National [Railroad](/usc/45/702.md?p=15) Passenger [Corporation](/usc/45/702.md?p=5) in accordance with the exercise of its option under [section 791(d) of this title](/usc/45/791.md?p=d) for improvement to achieve the goal set forth in [subsection (a)(3)](#a-3) of this section;
    - (D) may be purchased or leased from the [Corporation](/usc/45/702.md?p=5) by (i) a [State](/usc/45/702.md?p=19) or a [local or regional transportation authority](/usc/45/702.md?p=11) to meet the needs of commuter and intercity rail passenger service, or (ii) the National [Railroad](/usc/45/702.md?p=15) Passenger [Corporation](/usc/45/702.md?p=5) to meet the needs of improved rail passenger service over intercity routes, other than properties designated pursuant to subparagraph (C) of this paragraph; and
    - (E) if not otherwise required to be operated by the [Corporation](/usc/45/702.md?p=5), a government entity, or a responsible person, are suitable for use for other public purposes, including highways, other forms of transportation, conservation, energy transmission, education or health care facilities, or recreation. In carrying out this subparagraph, the [Association](/usc/45/702.md?p=1) shall solicit the views and recommendations of the [Secretary](/usc/45/702.md?p=18), the [Secretary](/usc/45/702.md?p=18) of the Interior, the Administrator of the Environmental Protection Agency, and other agencies of the Federal Government and of the [States](/usc/45/702.md?p=19) and political subdivisions thereof within the [region](/usc/45/702.md?p=17), and the general public; and
  - (2) which [rail properties](/usc/45/702.md?p=14) of [profitable railroads](/usc/45/702.md?p=13) operating in the [region](/usc/45/702.md?p=17) may be offered for sale to the [Corporation](/usc/45/702.md?p=5) or to other [profitable railroads](/usc/45/702.md?p=13) operating in the [region](/usc/45/702.md?p=17) subject to paragraphs [(3)](#d-3) and [(4)](#d-4) of subsection (d) of this section. Any [rail properties](/usc/45/702.md?p=14) designated to be offered for sale to the [Corporation](/usc/45/702.md?p=5) may be sold instead to a [subsidiary](/usc/45/702.md?p=20) of the [Corporation](/usc/45/702.md?p=5).
- (d) **Transfers—** All transfers or conveyances pursuant to the [final system plan](/usc/45/702.md?p=8) shall be made in accordance with, and subject to, the following principles:
  - (1) All [rail properties](/usc/45/702.md?p=14) to be transferred to the [Corporation](/usc/45/702.md?p=5) or any [subsidiary](/usc/45/702.md?p=20) thereof by a [profitable railroad](/usc/45/702.md?p=13), by trustees of a [railroad in reorganization](/usc/45/702.md?p=16), or by any [railroad](/usc/45/702.md?p=15) leased, operated, or controlled by a [railroad in reorganization](/usc/45/702.md?p=16) in the [region](/usc/45/702.md?p=17), shall be transferred in exchange for stock and other securities of the [Corporation](/usc/45/702.md?p=5) or any [subsidiary](/usc/45/702.md?p=20) thereof (including obligations of the [Association](/usc/45/702.md?p=1)) and the other benefits accruing to such [railroad](/usc/45/702.md?p=15) by reason of such transfer.
  - (2) All [rail properties](/usc/45/702.md?p=14) to be conveyed to a [profitable railroad](/usc/45/702.md?p=13) operating in the [region](/usc/45/702.md?p=17) by trustees of a [railroad in reorganization](/usc/45/702.md?p=16), or by any [railroad](/usc/45/702.md?p=15) leased, operated, or controlled by a [railroad in reorganization](/usc/45/702.md?p=16) in the [region](/usc/45/702.md?p=17), shall be conveyed in exchange for compensation from the [profitable railroad](/usc/45/702.md?p=13).
  - (3) Notwithstanding any other provision of this chapter, no acquisition under this chapter shall be made by any [profitable railroad](/usc/45/702.md?p=13) operating in the [region](/usc/45/702.md?p=17) without a determination with respect to each such transaction and all such transactions cumulatively (A) by the [Association](/usc/45/702.md?p=1), upon adoption and release of the preliminary system plan, that such acquisition or acquisitions will not materially impair the profitability of any other [profitable railroad](/usc/45/702.md?p=13) operating in the [region](/usc/45/702.md?p=17) or of the [Corporation](/usc/45/702.md?p=5), and (B) by the [Commission](/usc/45/702.md?p=2), which shall be made within 90 days after adoption and release by the [Association](/usc/45/702.md?p=1) of the preliminary system plan, that such acquisition or acquisitions will be in full accord and comply with the provisions and standards of subchapter III[^1] of chapter 113 of title 49. All determinations made by the [Association](/usc/45/702.md?p=1) in the correction to the preliminary system plan published on April 11, 1975 (40 Fed. Reg. 16377), shall be treated for all purposes as if they had been made upon adoption and release by the [Association](/usc/45/702.md?p=1) of the preliminary system plan. All determinations made by the [Commission](/usc/45/702.md?p=2) with respect to such correction shall be treated for all purposes as if they had been made within 90 days after adoption and release by the [Association](/usc/45/702.md?p=1) of the preliminary system plan. All determinations made by the [Commission](/usc/45/702.md?p=2) with respect to acquisitions by [profitable railroads](/usc/45/702.md?p=13) referred to in any supplement to the preliminary system plan published under [section 717(b)(2) of this title](/usc/45/717.md?p=b-2) shall be deemed to be timely if made prior to the adoption of the [final system plan](/usc/45/702.md?p=8) under [section 717(c) of this title](/usc/45/717.md?p=c). The determination by the [Association](/usc/45/702.md?p=1) shall not be reviewable in any court. The determination by the [Commission](/usc/45/702.md?p=2) shall not be reviewable in any court.
  - (4) Where the [final system plan](/usc/45/702.md?p=8) designates specified [rail properties](/usc/45/702.md?p=14) of a [railroad in reorganization](/usc/45/702.md?p=16) in the [region](/usc/45/702.md?p=17), or of a [railroad](/usc/45/702.md?p=15) leased, operated, or controlled by a [railroad in reorganization](/usc/45/702.md?p=16) in the [region](/usc/45/702.md?p=17), to be offered for sale to and operated by a [profitable railroad](/usc/45/702.md?p=13) operating in the [region](/usc/45/702.md?p=17), such designation shall terminate 7 days after February 5, 1976, unless, prior to such date, such [profitable railroad](/usc/45/702.md?p=13) has notified the [Association](/usc/45/702.md?p=1) in writing of its acceptance of such offer. Any such offer may be modified until the date of acceptance thereof, unless such modification results in an offer for the sale of [rail properties](/usc/45/702.md?p=14) at less than the net liquidation value thereof. Where the [final system plan](/usc/45/702.md?p=8) designates specified [rail properties](/usc/45/702.md?p=14) of a [profitable railroad](/usc/45/702.md?p=13) operating in the [region](/usc/45/702.md?p=17) as authorized to be offered for sale or lease to the [Corporation](/usc/45/702.md?p=5) or to other [profitable railroads](/usc/45/702.md?p=13) operating in the [region](/usc/45/702.md?p=17), such designation and authorization shall terminate 95 days after the [effective date of the final system plan](/usc/45/702.md?p=6) unless, prior to such date, a binding agreement with respect to such properties has been entered into and concluded.
  - (5) All properties—
    - (A) transferred by the [Corporation](/usc/45/702.md?p=5) pursuant to [subsection (c)(1)(C)](#c-1-C) of this section and [section 791(d) of this title](/usc/45/791.md?p=d);
    - (B) transferred by the [Corporation](/usc/45/702.md?p=5) to any [State](/usc/45/702.md?p=19) (or [local or regional transportation authority](/usc/45/702.md?p=11)), pursuant to [subsection (c)(1)(D)](#c-1-D) of this section, or
    - (C) transferred by the [Corporation](/usc/45/702.md?p=5) to any [State](/usc/45/702.md?p=19), [local or regional transportation authority](/usc/45/702.md?p=11), or the National [Railroad](/usc/45/702.md?p=15) Passenger [Corporation](/usc/45/702.md?p=5), within 3 years after the date of conveyance, pursuant to [section 743(b)(1) of this title](/usc/45/743.md?p=b-1), to meet the needs of commuter or intercity rail passenger service,

    shall be transferred at a value related to the value received from the [Corporation](/usc/45/702.md?p=5) pursuant to the [final system plan](/usc/45/702.md?p=8) for the transfer to such [Corporation](/usc/45/702.md?p=5) of such properties. The value of any such properties, which are transferred pursuant to subparagraph (B) or (C) of this paragraph, shall be adjusted to reflect the value attributable to any applicable maintenance and improvement provided by the [Corporation](/usc/45/702.md?p=5) (to the extent the [Corporation](/usc/45/702.md?p=5) has not been released from the obligation to pay for such improvements) and the cost to the [Corporation](/usc/45/702.md?p=5) of transferring such properties. The [Corporation](/usc/45/702.md?p=5), its Board of Directors, and its individual directors shall not be liable to any party, for money damages or in any other manner, solely by reason of the fact that the [Corporation](/usc/45/702.md?p=5) transferred property pursuant to [section 743 of this title](/usc/45/743.md) to meet the needs of commuter or intercity rail passenger service or for purposes of providing rail marine freight floating service, except as otherwise provided with respect to the [Corporation](/usc/45/702.md?p=5) pursuant to [section 743(c)(2) of this title](/usc/45/743.md?p=c-2).

  - (6) Notwithstanding any statement to the contrary in the [final system plan](/usc/45/702.md?p=8), a [State](/usc/45/702.md?p=19) (or a [local or regional transportation authority](/usc/45/702.md?p=11)) shall not be required to deliver to the [Corporation](/usc/45/702.md?p=5) a firm commitment to acquire [rail properties](/usc/45/702.md?p=14) designated to such [State](/usc/45/702.md?p=19) or authority prior to 7 days after February 5, 1976.
  - (7) Notwithstanding any contrary provision in the options conveyed to the [Corporation](/usc/45/702.md?p=5) by [railroads](/usc/45/702.md?p=15) in reorganization, or [railroads](/usc/45/702.md?p=15) leased, operated, or controlled by a [railroad in reorganization](/usc/45/702.md?p=16), with respect to the acquisition by the [Corporation](/usc/45/702.md?p=5) pursuant to the [final system plan](/usc/45/702.md?p=8), on behalf of a [State](/usc/45/702.md?p=19) (or a [local or regional transportation authority](/usc/45/702.md?p=11)) of [rail properties](/usc/45/702.md?p=14) designated under [subsection (c)(1)(D)](#c-1-D) of this section, such options shall not be deemed to have expired prior to 7 days after September 30, 1976. The exercise by the [Corporation](/usc/45/702.md?p=5) of any such option shall be effective if it is made, prior to the expiration of such 7-day period, in the manner prescribed in such options.
- (e) **Corporation features—** The [final system plan](/usc/45/702.md?p=8) shall set forth—
  - (1) pro forma earnings for the [Corporation](/usc/45/702.md?p=5), as reasonably projected and considering the additions or changes in the designation of [rail properties](/usc/45/702.md?p=14) to be operated by the [Corporation](/usc/45/702.md?p=5) which may be made under [subsection (d)(4)](#d-4) of this section;
  - (2) the capital structure of the [Corporation](/usc/45/702.md?p=5), based on the pro forma earnings of the [Corporation](/usc/45/702.md?p=5) as set forth, including such debt capitalization as shall be reasonably deemed to conform to the requirements of the public interest with respect to [railroad](/usc/45/702.md?p=15) debt securities, including the adequacy of coverage of fixed charges; and
  - (3) the manner in which [employee stock ownership plans](/usc/45/702.md?p=7) may, to the extent practicable, be utilized for meeting the capitalization requirements of the [Corporation](/usc/45/702.md?p=5), taking into account (A) the relative cost savings compared to conventional methods of corporate finance; (B) the labor cost savings; (C) the potential for minimizing strikes and producing more harmonious relations between labor organizations and railway management; (D) the projected employee dividend incomes; (E) the impact on quality of service and prices to railway users; and (F) the promotion of the objectives of this chapter of creating a financially self-sustaining railway system in the [region](/usc/45/702.md?p=17) which also meets the service needs of the [region](/usc/45/702.md?p=17) and the Nation.
- (f) **Value—** The [final system plan](/usc/45/702.md?p=8) shall designate the value of all [rail properties](/usc/45/702.md?p=14) to be transferred under the [final system plan](/usc/45/702.md?p=8) and the value of the securities and other benefits to be received for transferring those [rail properties](/usc/45/702.md?p=14) to the [Corporation](/usc/45/702.md?p=5) in accordance with the [final system plan](/usc/45/702.md?p=8).
- (g) **Other provisions—** The [final system plan](/usc/45/702.md?p=8) may recommend arrangements among various [railroads](/usc/45/702.md?p=15) for joint use or operation of [rail properties](/usc/45/702.md?p=14) on a shared ownership, cooperative, pooled, or condominium-type basis, subject to such terms and conditions as may be specified in the [final system plan](/usc/45/702.md?p=8). The [final system plan](/usc/45/702.md?p=8) shall also make such designations as are determined to be necessary in accordance with the provisions of section 762 or 763[^1] of this title.
- (h) **Obligational authority—** The [final system plan](/usc/45/702.md?p=8) shall recommend the amount of obligations of the [Association](/usc/45/702.md?p=1) which are necessary to enable it to implement the [final system plan](/usc/45/702.md?p=8).
- (i) **Terms and conditions for securities—** The [final system plan](/usc/45/702.md?p=8) may include terms and conditions for any securities to be issued by the [Corporation](/usc/45/702.md?p=5) in exchange for the conveyance of [rail properties](/usc/45/702.md?p=14) under the [final system plan](/usc/45/702.md?p=8) which in the judgement of the [Association](/usc/45/702.md?p=1) will minimize any actual or potential debt burden on the [Corporation](/usc/45/702.md?p=5). Any such terms and conditions for securities of the [Corporation](/usc/45/702.md?p=5) which purport to directly obligate the [Association](/usc/45/702.md?p=1) shall not become effective without affirmative approval, with or without modification by a joint resolution of the Congress.
- (j) **Additional properties deemed designated—** Any [rail properties](/usc/45/702.md?p=14) over which rail service was being provided as of February 5, 1976, and which were recommended in the preliminary system plan for transfer to the [Corporation](/usc/45/702.md?p=5), shall be deemed to be designated in the [final system plan](/usc/45/702.md?p=8) for transfer to the [Corporation](/usc/45/702.md?p=5) under [subsection (c)(1)(A)](#c-1-A) of this section. Any designation in the [final system plan](/usc/45/702.md?p=8), pursuant to [subsection (c)(1)(B)](#c-1-B) of this section, of overhead trackage rights to be acquired by a [profitable railroad](/usc/45/702.md?p=13) operating in the [region](/usc/45/702.md?p=17) over specified [rail properties](/usc/45/702.md?p=14) to be acquired by the [Corporation](/usc/45/702.md?p=5), where such designation does not (1) authorize such [profitable railroad](/usc/45/702.md?p=13) to interchange traffic with at least one [railroad](/usc/45/702.md?p=15), or (2) provide for the connection of portions of such [profitable railroad](/usc/45/702.md?p=13)’s [rail properties](/usc/45/702.md?p=14), and where the transfer of ownership of such [rail properties](/usc/45/702.md?p=14) (including trackage rights) to such [profitable railroad](/usc/45/702.md?p=13) was recommended in the preliminary system plan, and the [Commission](/usc/45/702.md?p=2) has made a determination with respect thereto, in accordance with [subsection (d)(3)](#d-3) of this section, shall be deemed to authorize such [profitable railroad](/usc/45/702.md?p=13) to interchange traffic with the [Corporation](/usc/45/702.md?p=5) and any other [profitable railroad](/usc/45/702.md?p=13) connecting with such specified [rail properties](/usc/45/702.md?p=14).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(Pub. L. 93–236, title II, § 206, Jan. 2, 1974, 87 Stat. 994; Pub. L. 94–5, § 2(b), Feb. 28, 1975, 89 Stat. 7; Pub. L. 94–210, title VI, § 607(e)–(j), (o)–(q), title VIII, § 807, Feb. 5, 1976, 90 Stat. 96–98, 143; Pub. L. 94–436, §§ 2, 4, Sept. 30, 1976, 90 Stat. 1398; Pub. L. 94–555, title II, § 202(a), (c), Oct. 19, 1976, 90 Stat. 2616, 2617; Pub. L. 95–611, § 4(a), Nov. 8, 1978, 92 Stat. 3090.)

## Notes

### Editorial Notes

### References in Text

Clean Air Act Amendments of 1970, referred to in subsec. (a)(6), mean Pub. L. 91–604, Dec. 31, 1970, 84 Stat. 1676. For complete classification of this Act to the Code, see Short Title of 1970 Amendment note set out under section 7401 of Title 42, The Public Health and Welfare, and Tables.

Section 712(b) of this title, referred to in subsec. (b), which related to additional duties of the Association, was repealed and section 712(c) of this title was redesignated section 712(b) by Pub. L. 97–35, title XI, § 1148(a), Aug. 13, 1981, 95 Stat. 674.

Section 714 of this title, referred to in subsec. (b), was omitted from the Code.

Subchapter III of chapter 113 of title 49, referred to in subsec. (d)(3), was omitted in the general amendment of subtitle IV of Title 49, Transportation, by Pub. L. 104–88, title I, § 102(a), Dec. 29, 1995, 109 Stat. 804. Previously, in subsec. (d)(3), “subchapter III of chapter 113 of title 49” was substituted for “section 5 of part I of the Interstate Commerce Act (49 U.S.C. 5)” on authority of Pub. L. 95–473, § 3(b), Oct. 17, 1978, 92 Stat. 1446, the first section of which enacted subtitle IV (§ 10101 et seq.) of Title 49.

Sections 762 and 763 of this title, referred to in subsec. (g), were repealed by Pub. L. 94–210, title VIII, § 806, Feb. 5, 1976, 90 Stat. 143, eff. Apr. 1, 1978.

### Amendments

1978—Subsec. (d)(5)(C). Pub. L. 95–611 substituted “3 years” for “900 days”.

1976—Subsec. (c)(1)(A). Pub. L. 94–210, § 607(g), inserted proviso relating to notice by the Corporation to the Association.

Subsec. (c)(1)(B). Pub. L. 94–210, § 607(f), inserted provision relating to alternative designations to be made under this paragraph.

Subsec. (c)(1)(D). Pub. L. 94–210, § 607(j), designated existing provision as cl. (i) and added cl. (ii).

Subsec. (c)(2). Pub. L. 94–210, § 607(h), inserted provision relating to sale of designated properties to a subsidiary of the Corporation.

Subsec. (d)(1). Pub. L. 94–210, § 607(i), inserted “or any subsidiary thereof” after “Corporation” wherever appearing.

Subsec. (d)(3). Pub. L. 94–210, § 607(e), inserted provisions relating to correction to the preliminary system plan published in 40 Fed. Reg. 16377, determinations made with respect to such correction by the Commission, and determinations made with respect to acquisitions referred to in any supplement to the preliminary system plan.

Subsec. (d)(4). Pub. L. 94–210, § 607(o), inserted provision relating to modification of offer until the date of acceptance, and substituted “95” for “60” and “7 days after February 5, 1976,” for “30 days after the effective date of the final system plan”.

Subsec. (d)(5). Pub. L. 94–555, § 202(a), inserted “or for purposes of providing rail marine freight floating service” after “intercity rail passenger service”.

Pub. L. 94–436, § 2, inserted provision relieving the Corporation, its Board of Directors, and its individual directors from liability to any party by reason of the fact that the Corporation transferred property pursuant to section 743 of this title.

Pub. L. 94–210, § 807, restructured provisions and substituted provisions relating to valuation of transferred properties transferred by the Corporation and adjustment of such valuation, for provisions relating to valuation of transferred properties sold by the Corporation.

Subsec. (d)(6). Pub. L. 94–210, § 607(p), added par. (6).

Subsec. (d)(7). Pub. L. 94–555, § 202(c), inserted “by the Corporation pursuant to the final system plan” after “with respect to the acquisition”.

Pub. L. 94–436, § 4, added par. (7).

Subsec. (j). Pub. L. 94–210, § 607(q), added subsec. (j).

1975—Subsec. (a)(1). Pub. L. 94–5 inserted “and express” after “rail”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 1978 Amendment

Pub. L. 95–611, § 4(b), Nov. 8, 1978, 92 Stat. 3090, provided that: “The amendment made by this Act [probably meaning this section 4, which amended section 716 of this title] shall be effective on January 2, 1974.”

### Effective Date of 1976 Amendment

Amendment by Pub. L. 94–555 effective Oct. 1, 1976, see section 303 of Pub. L. 94–555, set out as a note under section 702 of this title.

### Abolition of Interstate Commerce Commission and Transfer of Functions

Interstate Commerce Commission abolished and functions of Commission transferred, except as otherwise provided in Pub. L. 104–88, to Surface Transportation Board effective Jan. 1, 1996, by section 1302 of Title 49, Transportation, and section 101 of Pub. L. 104–88, set out as a note under section 1301 of Title 49. References to Interstate Commerce Commission deemed to refer to Surface Transportation Board, a member or employee of the Board, or Secretary of Transportation, as appropriate, see section 205 of Pub. L. 104–88, set out as a note under section 1301 of Title 49.

### Abolition of United States Railway Association and Transfer of Functions and Securities

See section 1341 of this title.

### Applicability of National Environmental Policy Act

Application of National Environmental Policy Act to actions of Commission not affected by title VI of Pub. L. 94–210, see section 619 of Pub. L. 94–210, set out as a note under section 791 of this title.