49 U.S.C. § 28503
If, after a reasonable period of negotiation, a public transportation authority cannot reach agreement with a rail carrier to acquire an interest in a railroad right-of-way for the construction and operation of a segregated fixed guideway facility to provide commuter rail passenger transportation, the public transportation authority or the rail carrier may apply to the Board for nonbinding mediation. The Board shall conduct the nonbinding mediation in accordance with the mediation process of section 1109.4 of title 49, Code of Federal Regulations, as in effect on the date of enactment of this section.
49 U.S.C. § 28503
EDITORIAL NOTES
REFERENCES IN TEXTThe date of enactment of this section, referred to in text, is the date of enactment of Pub. L. 110-432 which was approved Oct. 16, 2008.
- Board
- the term "Board" means the Surface Transportation Board;
- public transportation authority
- the term "public transportation authority" means a local governmental authority (as defined in section 5302) established to provide, or make a contract providing for, commuter rail passenger transportation;
- rail carrier
- the term "rail carrier" means a person, other than a governmental authority, providing common carrier railroad transportation for compensation subject to the jurisdiction of the Board under chapter 105;
- segregated fixed guideway facility
- the term "segregated fixed guideway facility" means a fixed guideway facility constructed within the railroad right-of-way of a rail carrier but physically separate from trackage, including relocated trackage, within the right-of-way used by a rail carrier for freight transportation purposes; and