general

general Sec. 601. (a) Unless otherwise specified, whenever, in this title, an amendment or repeal is expressed in terms of an amendment to, or a repeal of, a section or provision of “such Act”, the section or other provision amended or repealed is a section of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 701 et seq.). (b) The table of contents of such Act is amended to read as follows: “table of contents “TITLE I— GENERAL PROVISIONS “Sec. 101. Declaration of policy. “Sec. 102. Definitions. “TITLE II— UNITED STATES RAILWAY ASSOCIATION “Sec. 201. Formation and structure. “Sec. 202. General powers and duties of the Association. “Sec. 203. Access to Information. “Sec. 204. Report “Sec. 205. Rail Services Planning Office. “Sec. 206. Final system plan. “Sec. 207. Adoption of final system plan. “Sec. 208. Review by Congress. “Sec. 209. Judicial review. “Sec. 210. Obligations of the Association. “Sec. 211. Loans. “Sec. 212. Records, audit, and examination. “Sec. 213. Emergency assistance pending implementation. “Sec. 214. Authorization for appropriations. “Sec. 215. Maintenance and Improvement of plant. “Sec. 216. Purchase of debentures and series A preferred stock. 90 STAT. 84 “TITLE III— CONSOLIDATED RAIL CORPORATION “Sec. 301. Formation and structure. “Sec. 302. Powers and duties of the Corporation. “Sec. 303. Valuation and conveyances of rail properties. “Sec. 304. Termination and continuation of rail services. “Sec. 305. Continuing reorganization; supplemental transactions. “Sec. 306. Certificates of value. “Sec. 307. Protection of Federal funds. “TITLE IV— LOCAL RAIL SERVICES “Sec. 401. Findings and purposes. “Sec. 402. Rail service continuation assistance. “Sec. 403. Acquisition and modernization loans. “TITLE V— EMPLOYEE PROTECTION “Sec. 501. Definitions. “Sec. 502. Employment offers. “Sec. 503. Assignment of work. “Sec. 504. Collective-bargaining agreements. “Sec. 505. Employee protection. “Sec. 506. Contracting out. “Sec. 507. Arbitration. “Sec. 508. Duties of acquiring and selling railroads. “Sec. 509. Payment of benefits. “TITLE VI— MISCELLANEOUS PROVISIONS “Sec. 601. Relationship to other laws. “Sec. 602. Annual evaluation by the Secretary. “Sec. 603. Freight rates for recyclables. “Sec. 604. Separability. “Sec. 605. Duty of transferee.”. (c) Section 202(a)(2) of such Act (45 U.S.C. 712(a)(2)) is amended to read as follows: “(2) issue obligations under section 210 of this title; make loans under section 211 of this title; purchase or otherwise acquire or receive and hold and dispose of securities (whether debt or equity) of the Corporation under section 216 of this title and exercise all of the rights, privileges, and powers of a holder of any such securities; and issue certificates of value under section 306 of this Act;”. (d) Section 303 of such Act (45 U.S.C. 743) is amended by adding at the end thereof the following new subsection: “(e) Transfer and Other Taxes and Recording Fees.—All transfers or conveyances of rail properties (whether real, personal, or mixed) which are made under this Act (including transfers and conveyances which are made in accordance with a supplemental transaction pursuant to section 305 of this title) shall be exempt from any taxes, imposts, or levies now or hereafter imposed, by the United States or by any State or any political subdivision of a State, on or in connection with such transfers or conveyances or on the recording of deeds, bills of sale, liens, encumbrances, or other instruments evidencing, effectuating, or incident to any such transfers or conveyances, whether imposed on the transferor or on the transferee. Such transferors and transferees shall be entitled to record any such deeds, bills of sale, liens, encumbrances, or other instruments and, consistent with the designations and applicable principles in the final system plan, to record the release or removal of any pre-existing liens or encumbrances of record with respect to properties so transferred or conveyed, upon payment of any appropriate and generally applicable charges to compensate for the cost of the service performed.”. (e) Section 208 of such Act (45 U.S.C. 718) is amended by adding at the end thereof the following new subsection: 90 STAT. 85 “(d) Additions.— (1) The supplemental report, dated September 18, 1975, to the final system plan, and the provisions of the Association’s official errata supplement to the final system plan, dated December 1, 1975, including all designations made therein, shall be treated for all purposes as if they had been part of and included in the final system plan adopted by the Association and reviewed by the Congress. The final system plan shall, for all purposes, be deemed to be approved as modified and amended by such supplemental report and such supplement. “(2) The Association may, upon petition of any State, modify the final system plan to make further designations with respect to rail properties of railroads in reorganization in the region designated for transfer to the Corporation under such plan, if such designations (A) are likely to result in improved rail service on such rail properties and connecting rail properties, and (B) would not materially impair the profitability of the Corporation. Such designations, including designations of such rail properties to a State, a profitable railroad, or a responsible person, may be made at any time prior to delivery of the final system plan to the special court under section 209(c) of this title. Such further designations shall be treated for all purposes as if they had been included in the final system plan adopted by the Association and reviewed by the Congress, and the final system plan shall for all purposes be deemed to be approved as modified by such designations. Any action of the Association with respect to any such petition shall not lie subject to review by any court. “(3) (A) Within 20 days after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, the Association may, by notice to the Congress and by publication in the Federal Register, modify, supplement, or add to the designations of rail properties in the final system plan if the Association finds such actions are necessary to— “(i) achieve the efficient implementation of the final system plan, or “(ii) provide for the offer to profitable railroads of rail properties designated in the final system plan to the Corporation, if such properties are not essential in the operation of other rail properties of the Corporation but are or would be integrally related to the operation of rail properties of (or which are offered pursuant to the final system plan to) such profitable railroad, or “(iii) provide for the designation of additional rail properties to the Corporation or to a subsidiary thereof to enable the Corporation to serve efficiently a line of railroad designated to the Corporation in the final system plan if such line does not connect with any other line of railroad so designated to the Corporation or if such line would be served more efficiently as a consequence of such designation. Any designation to a profitable railroad pursuant to this paragraph shall comply with the second sentence or section 206(d)(4) of this title, and shall only be made upon a finding by the Association that such designation is integrally related to an offer of rail properties to a profitable railroad in the final system plan, that the goals of the final system plan require that the rail properties be operated as a part of the rail properties included m such offer, and that the implementation of such designation will not materially and adversely affect the impact of such offer on the profitability of the Corporation or any profitable railroad operating in the region. Any designation to a profitable railroad pursuant to this subsection, which amends any prior offer, shall terminate 30 days after the date of enactment of this paragraph 90 STAT. 86unless, prior to such date, such profitable railroad has notified the Association in writing of its acceptance of such amendment to the prior offer. “(B) If a line of railroad or any segment thereof is designated for rail service in the final system plan, no designation may be made by the Association pursuant to this paragraph which would result in such line or segment not being so designated. Any designations made pursuant to this paragraph shall be treated for all purposes as if they had been included in the final system plan adopted by the Association and reviewed by the Congress. The final system plan shall for all purposes be deemed to be approved as amended by such designations. “(C) Any designations made pursuant to this paragraph shall not be subject to review by any court. “(D) Any labor agreements entered into under section 508 of this Act shall be subject to further negotiations for any modifications which may be necessary to implement designations made pursuant to this paragraph.”. (f) Section 102(14) of such Act (45 U.S.C. 702(14)) is amended to read as follows: “(14) ‘Secretary’ means the Secretary of Transportation or the person at the time performing the duties of the Office of the Secretary of Transportation in accordance with law, or the duly authorized representative of either of them;”. (g) Section 102 of such Act (45 U.S.C. 702) is amended (1) by redesignating paragraphs (8) through (15) thereof as paragraphs (10) through (17) thereof, respectfully; and (2) by inserting therein a new paragraph (9) as follows: “(9) ‘local or regional transportation authority’ includes a political subdivision of a State.”.