Page:United States Statutes at Large Volume 84 Part 1.djvu/1387

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[84 STAT. 1329]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 1329]

84 STAT. ]

PUBLIC LAW 91-518-OCT. 30, 1970

1329

(8) "Regional transportation agency" means an authority, corporation, or other entity established for the purpose of providing passenger service within a region. TITLE II—BASIC NATIONAL RAIL PASSENGER SYSTEM SEC. 201. DESIGNATION OF SYSTEM.

In carrying out the congressional findings and declaration of pur- o^t'^^^'J'c'^'Jnij*' pose set forth in title I of this Act, the Secretary, acting in cooperation congress, with other interested Federal agencies and departments, is authorized and directed to submit to the Commission and to the Congress within thirty days after the date of enactment of this Act his preliminary report and recommendations for the basic system. Such recommendations shall specify those points between which intercity passenger trains shall be operated, identify all routes over which service may be provided, and the trains presently operated over such routes, together with basic service characteristics of operations to be provided within the basic system, taking into account schedules, number of trains, connections, through car service, and sleeping, parlor, dining, and lounge facilities. I n recommending the basic system the Secretary shall take into account the need for expeditious intercity rail passenger service within and between all regions of the continental United States, and the Secretary shall consider the need for such service within the States of Alaska and Hawaii and the Commonwealth of Puerto Rico. I n formulating such recommendations the Secretary shall consider opportunities for provision of faster service, more convenient service, service to more centers of population, and service at lower cost, by the joint operation, for passenger service, of facilities of two or more railroad companies; the importance of a given service to overall viability of the basic system; adequacy of other transportation facilities serving the same points; unique characteristics and advantages of rail service as compared to other modes of transportation; the relationship of public benefits of given services to the costs of providing such services; and potential profitability of the service. The exclusion of a particular route, train, or service from the basic system shall not be deemed to create a presumption that the route, train, or service is not required by public convenience and necessity in any proceeding under section 13a of the Interstate Commerce Act (49 U.S.C. 13a). 72 Stat. 571. SEC. 202. REVIEW OF THE BASIC SYSTEM.

The Commission, the State Commissions, the representatives of the railroads, and labor organizations duly authorized under the Railway Labor Act to represent railroad employees shall, within thirty days 4g^ltllTiigJ' after receipt of the preliminary report of the Secretary designating 45 USC 151*. the basic system, review such report consistent with the purposes of this Act and provide the Secretary with their comments and recommendations in writing. The Secretary shall give due consideration to such comments and recommendations. The Secretary shall, within con^reir^"'* *° ninety days after the date of enactment of this Act, submit his final °"^^^^* report designating the basic system to the Congress. Such final report shall include a summary of their recommendations together with his reasons for failing to adopt any such recommendation. The basic sys- Effective date. tem as d e s i ^ a t e d by the Secretary shall become effective for the purposes of this Act upon the date that the final report of the Secretary IS submitted to Congress and shall not be reviewable in any court.