ment or by a State, county, or municipal government, or by an individual, association, or corporation and the amount and value of any concession and allowance made by the United States Government or another of those governments in consideration of that assistance; and

(6) identify the grants of land to that carrier, or to a previous corporation that operated its property, by the United States Government, or by a State, county, or municipal government, the amount of money derived from the sale of part of those grants, the value of the unsold parts (established as of the date acquired and currently), and the amount and value of any concession and allowance made by the carrier to the United States Government, or another of those governments, in consideration of that assistance or grant of land.

(b) The Commission may prescribe elements to consider in establishing the cost to date of property owned or used by a carrier. However, in establishing that cost, the Commission shall investigate and include in those elements

(1) the history and organization of the corporation that currently operates the property and of previous corporations that also operated that property;

(2) increases or decreases of securities during reorganization of that corporation or such a previous corporation;

(3) money received through the issuance of securities by that corporation or such a previous corporation;

(4) syndicating, banking, and other financial arrangements under which those securities were issued and the expenses thereof;

(5) the net and gross earnings of those corporations; and

(6) the expenditure of all money and the purposes of those expenditures in as much detail as the Commission determines to be necessary.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1399.) HISTORICAL AND REVISION NOTES

In subsection (a), the words "First.", "Second.", "Third.", "Fourth.", and "Fifth." are omitted as unnecessary in view of the restatement. The words "investigation of a common carrier required under section 10781 of this title" are substituted for "In such investigation" as being more precise. The word "establish" is substituted for "ascertain" for clarity. The words "report" and "report in detail" are omitted as surplus in view of the requirement that the Commission report under section 10781 of the revised title. The words "analyze the methods used" are substituted for "and an analysis of the methods by which" for clarity. The words "The Commission shall in like manner. . .

...

and report separately" are omitted as unnecessary in view of the restatement.

In subsection (a)(3), the words "establish separately" are substituted for "state in detail and separately" for clarity and consistency.

In subsection (a)(4), the word "identify" is substituted for "show separately" for clarity. The word "current" is substituted for "present" as being more appropriate.

In subsection (a)(5) and (6), the word "assistance" is substituted for "aid, gift, . . . donation" as being inclusive. In subsection (a)(5), the words "grant of right-ofway" are retained because they refer to an interest in land. In subsection (a)(6), the word "part" is substituted for "portion" for consistency. The word "also" is omitted as surplus.

In subsection (b), the words "The Commission may prescribe elements to consider in establishing" are substituted for "to such other elements as it may deem necessary" for clarity. The words "in addition" are omitted as surplus. The words "as the Commission determines to be necessary" are substituted for "in such detail as may be determined by the Commission" for clarity.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 10781 of this title.

§ 10783. Cooperation and assistance of carriers

(a) Each common carrier providing transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title shall cooperate with and assist the Commission in valuing property under this subchapter. The Commission may order those carriers to

(1) give to the Commission maps, profiles, contracts, engineering reports, and other records to assist it in investigating and establishing the value of that carrier's property; and

(2) assist the Commission in valuing property under this subchapter in other ways, including giving its agents free access to its right-of-way, property, and records on request.

(b) A rail carrier whose property is being valued under this subchapter shall

(1) transport employees of the United States Government who are making surveys and other examinations of the physical property of that carrier in the course of that valuation when reasonably required by them in the actual discharge of their duties;

(2) transport and store the cars of the United States Government that are used to house and maintain those employees when reasonably required during the valuation; and

(3) transport supplies necessary to maintain those employees and the property of the United States Government actually used on the railroad during the valuation.

(c) The transportation required to be provided under subsection (b) of this section is considered a special service for which the Commission may prescribe the compensation to be paid. A rail carrier shall give the Commission an accurate accounting of the transportation provided under this section when required by the Commission.

In subsection (a), the words "Each common carrier shall cooperate with and assist" are substituted for "and every common carrier is directed and required to cooperate with and aid" for clarity. The words "or its agents" are omitted as surplus. The words "from time to time" are omitted as surplus. The words "other records" are substituted for "and any other documents, records, and papers, or copies of any or all of the same" as being more inclusive. The word "establishing" is substituted for "determination" for consistency.

In subsection (a)(2), the words "and shall grant to all agents of the Commission free access to its right-ofway, its property, and its accounts, records, and memoranda whenever and wherever requested by any such duly authorized agent" and "in such further particulars and to such extent as the Commission may require and direct" are restated and consolidated for clarity. The words "its agents" are retained in view of the context. The words "all rules and regulations made by the Commission for the purpose of administering the provisions of the section and section 20 of this title shall have the full force and effect of law" are omitted as surplus in view of section 10321 of the revised title.

In subsection (b), the words "a rail carrier . . . shall" are substituted for "It shall be the duty of every common carrier by railroad" for clarity. The words "employees of the United States Government" are substituted for "the engineers, field parties, and other employees of the United States" since it is more inclusive. The words "in the course of that valuation" are substituted for "to execute said section" for clarity. The words "from point to point on said railroad" are omitted as surplus. The word "also" is omitted as surplus. The word "transport" is substituted for "move" and "carry" for consistency. The word "during" is substituted for "in said work of" for clarity.

In subsection (c), the words "the Commission may prescribe the compensation to be paid” are substituted for "shall be rendered under such forms and regulations and for such reasonable compensation as may be prescribed by the Interstate Commerce Commission" and "as will insure an accurate record and account of the services rendered by the railroad" for clarity. The words "such forms" are omitted as included in "regulations". The words "A rail carrier shall give the Commission an accurate accounting of the transportation provided" are substituted for "and such evidence of transportation, bills of lading, and so forth, shall be furnished to the Commission as may from time to time be required by the Commission" for clarity.

In subsection (d), the word "records" is substituted for "records and data" as being more inclusive and for consistency. The words "compiled under this subchapter" are inserted for clarity. The word "inspection" is substituted for "inspection and examination"

to eliminate redundancy. The words "However, the Commission may order those records closed" are substituted for "Unless otherwise ordered by the Commis. sion" for clarity.

§ 10784. Revision of property valuations

(a) When the Interstate Commerce Commission completes an initial valuation of property under this subchapter, it shall keep itself informed of new construction, changes in condition, quantity, use, and classification of property on which an initial valuation was made and the cost of all improvements to, and changes in investment, in that property. The Commission may keep itself informed of current changes in costs and values of railroad property to carry out this section. When necessary, the Commission may correct, revise, and supplement an inventory or valuation of property it has made.

(b) The Commission may order a carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title to give it reports and infor mation needed to carry out this section.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1400; Pub. L. 96-258, § 1(8), June 3, 1980, 94 Stat. 426.)

In subsection (a), the words "When the... Commission completes an initial valuation of property under this subchapter" are substituted for "Upon completion of the original valuations herein provided for" for clarity. The word "initial" is substituted for "original" as being more appropriate. The words "to carry out this section" as substituted for "in order that it may have available at all times the information deemed by it to be necessary to enable it to" in view of the restatement of 49:19a(f).

In subsection (b), the words "To enable . . . the provisions of" are omitted as surplus. The words "this sec tion" is substituted for "paragraph (f) of this section" in view of the restatement. The word "needed" is added for clarity.

1980 ACT

AMENDMENTS

EFFECTIVE DATE OF 1980 AmendmenT Amendment by Pub. L. 96-258 effective Oct. 17, 1978, see section 3(d) of Pub. L. 96-258, set out as a note under section 10525 of this title.

§ 10785. Finality of valuation: notice, protest, and review

(a) The Interstate Commerce Commission shall notify the carrier, the Attorney General, and the chief executive officer of each State in which property being valued under this subchapter is located, of the completion of a tentative valuation of that property. The Commission may also notify other parties. The notice must be sent by certified mail and must indicate the valuation established for each of that carrier's classes of property. A valuation of property under this subchapter becomes final if a protest is not filed within 30 days after notice of the tentative valuation of that property is given. When the tentative valuation becomes final under this subsection, the effective date is the date of the tentative valuation.

(b) When a carrier files a protest of a tentative valuation, the Commission shall begin a proceeding to consider the protest. If the Commission decides that a tentative valuation should be changed, it may make the necessary changes. The tentative valuation, as changed, becomes final and is effective on the date of the final action of the Commission under this subsection.

(c) The Commission shall publish final valuations and classifications of property established under this subchapter. A final valuation or classification that has become effective under this subchapter is prima facie evidence of the value of the property in a proceeding under this subtitle and in a judicial proceeding to enforce, enjoin, set aside, annul, or suspend an action of the Commission.

(d) When evidence is introduced at the trial of an action involving a final valuation of property established by the Commission and found by the court to be different from the evidence offered to the Commission during a proceeding under subsection (b) of this section or in addition to that evidence and substantially affecting the valuation, the court shall send a copy of that evidence to the Commission and stay further proceedings in the action. The court may determine the duration of the stay of proceedings. The Commission shall consider the evidence and may change the final valuation established under this subchapter. The Commission shall complete its action and report to the court in the time determined by the court. If the Commission changes the valuation, the court must substitute the valuation as changed for the original valuation and give its judgment on the substituted valuation. If the Commission does not change the original valuation, the court must give judgment on the original valuation.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1401.)

10785(a).... 49:19a(h).

10785(b), 49:19a(i). (c).

10785(d).... 49:19a(j).

Feb. 4, 1887, ch. 104, 24 Stat. 379, 19a(h), (i), (j); added Mar. 1, 1913, ch. 92, § 1, 37 Stat. 702; Feb. 28, 1920, ch. 91, § 433, 41 Stat. 493; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; June 11, 1960, Pub. L. 86-507, § 1(38), 74 Stat. 202.

In subsection (a), the words "shall notify" are substituted for "shall give notice" for clarity. The words "of the United States" are omitted as surplus. The words "chief executive officer" are substituted for "governor" in view of the inclusion of the District of Columbia. The words "each State" are substituted for "of any State" as being more appropriate. The words "of the completion of a tentative valuation" are substituted for "Whenever . . . shall have completed the tentative valuation" for clarity. The words "The Commission may also notify other parties" are substituted for "and to such additional parties as the Commission may prescribe" for clarity and consistency in view of the general power of the Commission to carry out the revised subtitle and to prescribe regulations under section 10321 of the revised title. The words "The notice must be sent" are inserted for clarity. The word "registered" is omitted as unnecessary since it refers to an inappropriate class of mail. The words "established for" are substituted for "placed upon" for clarity. The word "several" is omitted as surplus. The words "A valuation of property under this subchapter becomes final" are inserted for clarity. The words "as herein directed, and before such valuation shall become final" and "and shall allow thirty days in which to file a protest of the same with the Commission" are omitted as unnecessary in view of the restatement. The words "When the tentative valuation becomes final under this section" are substituted for "If no protest is filed within thirty days" in view of the restatement. The words "the effective date is the date of the tentative valuation" are substituted for "said valuation shall become final as of the date thereof" for clarity.

In subsection (b), the word "When" is substituted for "If" as more appropriate. The words "notice of" are omitted as surplus. The words "begin a proceeding to consider the protest" are substituted for "fix a time for hearing the same, and shall proceed as promptly as may be to hear and consider any matter relative and material thereto which may be presented in support of any such protest so filed as aforesaid" in view of subchapter II of chapter 5 of title 5 and subchapter II of chapter 103 of the revised title. The words "If the Commission decides that a tentative valuation should be changed, it may make the necessary changes" are substituted for "If after hearing any protest of such tentative valuation under the provisions of this chapter the Commission shall be of the opinion that its valuation should not become final, it shall make such changes as may be necessary" for consistency in view of subchapter II of chapter 5 of title 5 and subchapter II of chapter 103 of the revised title. The words "The tentative valuation, as changed, becomes final and is effective on the date of the final action of the Commission under this subsection" are substituted for "and shall issue an order making such corrected tentative valuation final as of the date thereof" for clarity and consistency in view of the restatement.

In subsection (d), the word "When" is substituted for "If upon" for clarity. The word "established" is substituted for "fixed" for consistency. The words "is introduced" are substituted for "shall be introduced" to put the sentence in the active voice. The words

affected by the construction or operation of the railroad line;

(3) have a copy of the summary published in the Federal Register;

(4) take other reasonable and effective steps to publicize the application; and

(5) indicate in each transmission and publication that each interested person is entitled to recommend to the Commission that it approve, deny, or take other action concerning the application.

(c)(1) If the Commission

(A) finds public convenience and necessity, it may

(i) approve the application as filed; or

(ii) approve the application with modifications and require compliance with conditions the Commission finds necessary in the public interest; or

(B) fails to find public convenience and necessity, it may deny the application.

(2) On approval, the Commission shall issue to the rail carrier a certificate describing the construction or acquisition (or both) and operation approved by the Commission.

(d)(1) Where a rail carrier has been issued a certificate of public convenience and necessity by the Commission authorizing the construction or extension of a railroad line, no other rail carrier may block such construction or extension by refusing to permit the carrier to cross its property if (A) the construction does not unreasonably interfere with the operation of the crossed line, (B) the operation does not materially interfere with the operation of the crossed line, and (C) the owner of the crossing line compensates the owner of the crossed line. (2) If the carriers are unable to agree on the terms of operation or the amount of payment for purposes of paragraph (1) of this subsection, either party may submit the matters in dispute to the Commission for determination.

(e) The Commission may require any rail carrier proposing both to construct and operate a new railroad line pursuant to this section to provide a fair and equitable arrangement for the protection of the interests of railroad employees who may be affected thereby no less protective of and beneficial to the interests of such employees than those established pursuant to section 11347 of this title.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1402; Pub. L. 96-448, title II, § 221, Oct. 14, 1980, 94 Stat. 1928.)

Revised Section

10901(a)

HISTORICAL AND REVISION NOTES

Source (U.S. Code)

49:1(18)(a) (less words related to certificates and less last sentence).

10901(b).... 49:1(18)(a) (last

sentence).

Source (Statutes at Large)

Feb. 4, 1887, ch. 104, 24 Stat. 379, 1(18)(a), (b); added Feb. 28, 1920, ch. 91, § 402, 41 Stat. 477; Aug. 9, 1935, ch. 498, § 1, 49 Stat. 543; Sept. 18, 1940, ch. 722, § 4(c), 54 Stat. 902; restated Feb. 5. 1976, Pub. L. 94-210, 801(a), 90 Stat. 125.

10901(c)..... 49:1(18)(a) (related to certificates), (b).

In subsection (a)(1) and (2), the word "undertake" is omitted as unnecessary.

In subsection (a), after clause (4), the words "such extended or additional" are omitted as surplus. The words "or acquisition (or both)" are inserted for clarity and consistency with clause (3).

In subsection (b), the first sentence is inserted for clarity. The word "deny" is substituted for "disapprove" for consistency.

In the introductory matter of subsection (c), before clause (1), the first 2 sentences of 49:1(18)(b) are omitted as unnecessary in view of section 10321(a) of the revised title giving the Commission general authority to carry out the subtitle and prescribe regulations. The words "terms and" are omitted as unnecessary.

In subsection (c)(2), the words "or acquisition (or both)" are inserted for clarity and consistency with subsection (a).

AMENDMENTS

1980-Subsec. (a). Pub. L. 96-448, § 221(a), substituted "permit" for "will be enhanced by" in provision following par. (4).

Subsecs. (d), (e). Pub. L. 96-448, § 221(b), added subsecs. (d) and (e).

EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-448 effective Oct. 1, 1980, see section 710(a) of Pub. L. 96-448, set out as a note under section 10101 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 10503, 10902, 10907, 11126, 11505, 11702, 11901 of this title; title 45 section 904.

§ 10902. Authorizing action to provide adequate, efficient, and safe facilities

The Interstate Commerce Commission may authorize a rail carrier providing transportation subject to the jurisdiction of the Commission under subchapter I of chapter 105 of this title to take action necessary to provide adequate, efficient, and safe facilities to enable the rail carrier to perform its obligations under this subtitle, including extension of any of the carrier's railroad lines after issuance of a certificate under section 10901 of this title. The Commission may authorize a rail carrier to act under this section only if it finds that the expense involved will not impair the ability of the carrier to perform its obligations to the public. The Commission may conduct a proceeding on its own initiative or on application of an interested party.

(Pub. L. 95-473, Oct. 17, 1978, 92 Stat. 1403.) HISTORICAL AND REVISION NOTES