Page:United States Statutes at Large Volume 87.djvu/1040

 1008

PUBLIC LAW 93-236-JAN. 2, 1974

[87 STAT.

iiny siu'li appeal within 7 «iays after the entry of such an appeal if it determines tnat sueli an appeal would not be in the uiterest of an expeditious conclusion of the proceedings and shall grant the highest priority to the determination of any such apijeals MIUCII it determines not to dismiss. rERMlXATIOX OE KAIL SERVICE

24 Stat. 379.

SEC. 304. (a) DISGONTINUAXCE.—Except as provided in subsections (c) and (f) of this section, (1) rail service on rail properties of a railroad in the region which transfers to the Corporation or to profitable railroads operating in the region all or substantially all of its rail IH'operties designated for such conveyance in the final system plan, and (2) rail service on I'ail properties of a profitable railroad operating in the region which transfers substantially all of its rail properties to the (^n'poration or to other railroads pursuant to the final system plan may be discontinued to the extent such discontinuance is not precluded by the terms of the leases and agreements referred to in section 303(b)(2) of this title if— (A) the final system plan does not designate rail service to be operated over such rail properties; and (B) not sooner than 30 days following the effective date of the final system plan the trustee or trustees of the applicable railroad in reorganization or a profitable railroad give notice in writing of intent to discontinue such rail service on a date certain which is not less than 60 days after the date of such notice; and (C) the notice required by paragraph (B) of this subsection is sent by certified mail to the Go\ernor and State transportation agencies of each State and to the government of each political subdivision of each State in which such rail properties are located and to each shipper who lias used such rail service during the previous 12 months. (b) ABANDONMEXT.— (1) Rail i^roperties over which rail service has been discontinued under subsection (a) of this section may not be abandoned sooner than 120 days after the effective date of such discontinuance except as provided in subsections (c) and (f) of this section. Thereafter, except as provided in subsection (c) of this section, such rail properties may be abandoned npon 30 days' notice in writing to all those required to receive notice under j^aragraph (2)(C) of subsection (a) of this section. (2) Tn any case in which rail properties proposed to be abandoned under this section are designated by the final system j^lan as rail properties which are suitable for nse for other public purposes (including roads or highways, other forms of mass transportation, conservation, and recreation), such rail properties shall not be sold, leased, exchanged, or otherwise disposed of during the 180-day period beginning on the date of notice of proposed abandonment under this section uidess such rail properties have first been offered, upon reasonable terms, for ac(]uisition for public purposes. (c) LTMITATIOXS.—Rail service may be discontinued and rail propoities may be abandoned under subsections (a) and (b) of this section notwithstanding any provision of the Interstate Commerce Act (49 I'.S.C^ 1 et seq.) or the constitution or law of any State or the decision of any couit or administrative agency of the United States or of any State. Xo rail service may be discontiimed and no rail properties may be abandoned pursuant to this section— (1) after 2 years from the effective date of the final system plan or more than 2 years after the final payment of any rail service t'ontinuation subsidy is received, whichever is later; or

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