Page:United States Statutes at Large Volume 90 Part 1.djvu/136

 90 STAT. 86

Post, p. 117.

"Secretary."

"Local or regional transportation authority."

PUBLIC LAW 94-210—FEB. 5, 1976 unless, 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.". SPECIAL COURT

SEC. 602. (a) Section 209(b) of such Act (45 U.S.C. 719) is amended by striking out the sixth sentence thereof and inserting in lieu thereof the following new sentence: "The special court may issue rules for the conduct of any proceedings under this section and under section 305 of this Act, including rules with respect to the time within which motions may be filed, and with respect to appropriate representation of interests not otherwise represented (including the Secretary with respect to a petition by the Association in the case of a proposal Post, p. 100. developed by the Secretary, under such section 305).". (b) Section 209 of such Act (45 U.S.C. 719) is amended by adding at the end thereof the following three new subsections: "(e) ORIGINAL AND EXCLUSIVE JURISDICTION.— (1) Notwithstanding any other provision of law, any civil action— "(A) for injunctive or other relief against the Association from the enforcement, operation, or execution of this Act or any provision thereof, or from any action taken by the Association ,;,; V.* - pursuant to authority conferred or purportedly conferred under this Act; "(B) challenging the constitutionality of this Act or any provision thereof; ^ "(C) challenging the legality of any action of the Association, or any failure of the Association to take any action, pursuant to authority conferred or purportedly conferred under this Act; "(D) to obtain, inspect, copy, or review any document in the ', possession or control of the Association that would be discoverable 45 USC 743. -_ ' jjj litigation pursuant to section 303(c) of this Act;

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