Page:United States Statutes at Large Volume 89.djvu/67

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PUBLIC LAW 9 4 - 5 — F E B. 28, 1975

89 STAT. 7

Public Law 94-5 94th Congress An Act To auiead the Regional Rail Reorganization Act of 1973 to increase the financial assistance available under section 213 and section 215, and for other puri)Oses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Regional Rail Reorganization Act Amendments of 1975". SEC. 2. (a) Section 202(b) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 712 (b)) is amended— (1) in paragraph (2) by inserting "and express" immediately after " r a i l " each time it a p p e a r s; (2) by striking out the period at the end of paragraph (7) and inserting in lieu thereof "; and "; and (3) by a d d i n g at the end thereof the following new paragraph: " (8) study the feasibility of coordinating rail and express service in the region.", (b) Section 2 0 6 (a)(1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(a)(1)) is amended by inserting "and express" immediately after "rail". SEC. 3. Section 205(d)(2) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 715(d)(2)) is amended to read as follows: " (2) employ and utilize the services of attorneys and such other personnel as may be required in order to properly protect the interests of those communities and users of rail service which, for whatever reason, such as their size or location, might not otherwise be adequately represented in the course of the reorganization process as provided by this Act; ". SEC. 4. (a) Section 207(b) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 7 1 7 (b)) is amended by inserting " (1) " immediately before the first sentence thereof, and by adding at the end thereof the following new paragraph: " (2) Whenever it has been finally determined pursuant to the procedures of paragraph (1) of this subsection, that the reorganization of a railroad subject to reorganization under section 77 of the Bankruptcy Act (11 U.S.C. 205) shall not be proceeded with pursuant to this Act, the court having jurisdiction over such railroad may, upon a petition which is filed within 10 days after the date of enactment of this subsection by the trustees of such railroad, reconsider such order. Such reorganization court shall (i) affirm its previous order or (ii) issue an order that the reorganization of such railroad be proceeded with pursuant to this Act unless it finds that this Act does not provide a process which would be fair and equitable. The provisions of paragraph (1) of this subsection are applicable in such reconsideration, except that (A) such reorganization couit shall make its decision within 30 days after such petition is filed, and (B) any decision by the special court on appeal from such a decision shall be rendered within 30 days after such reorganization court decision is made. There shall be no review of the decision of the special court. The Association shall take any steps it finds necessary, consistent with time limitations and other provisions of this Act, to effectuate the consequences of such a revised order, including the preparation and submission of any necessary or appropriate supplements to the preliminary system plan.". (b) Section 2 0 7 (a)(2) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 7 1 7 (a)) is amended by a d d i n g at the end thereof the following new sentence: " The Office is authorized to hold public hearings on any supplement to the preliminary system plan and to make available to the Association a summary and analysis of the

Feb. 28. 1975 [S. 2811 Regional Rail Reorganization Act Amendments of 1975. 45 USC 701 none.

Rail Services Planning Office;, employment of attorneys and other personnel!.

Preliminary system plan. Petition for reconsideration.

Hearings.