About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-162502 1 (1972-12-01)

handle is hein.gao/gaobaddvk0001 and id is 1 raw text is: %0.Utlk C COMPTROLLER GENERAL OF THE UNITED STATES q. - ~WASHINGTON. D.C. 3DABu/1 . 6 5462502 December 1, 1972 Dear mr. Secretary5 Reference to made to letter of November 22, 1972, from Acting Secretary James X. Beggs, requesting our opinion as to the extent to which the Secretary of Transportation (Secretary) to authorized under the Emergency Rail Service Act of 1970, Public Law 91-663, approved January 8, 1971, 84 Stat. 1975 (act), to acquire trackage rights and equipment in order to provide essential tranaportation services. The question regarding this matterls said to arise in-the con- text of the reorganization proceedings of the Central Railroad of New Jersey (CNJ). t Is stated that pursuant to authority contained in section 3 of the act, the Secretary has guaranteed the Issuance of trustee's certificates by NJ, and as a condition of such guarantee, as required by section 3(b)(4), has obtained the option, in the event of actual or threatened cessation of essential transportation services by CNJ, to procure by purchase or lease trackage rights over the lines of the railroad and such equipment as may be necessary to provide such services. Since it now appears possible that CNJ vill not be successfully reorganized, your Dcprtment is considering the possibility of exer- cislnj the Lecretary's option under 3(b)(4) of the act to purchase or leasa tracksge rt;hts and equipment from QJ and to provide for the co.ztivmenco of its essential rail services. A question regarding such coursc of cetion rrises, to aver, in that the act does not contain ex- preis authority to exercise the option nor does it specifically provide fun's 1- edi-ately ncce3sary for the purchase or lease of trackcge ria`ta an1 equi'ct or for pryment of operatin, expenses incurred in the readtion U essential rail services. Spccificelly our opinion is rcxquested as to whcther the Secretary is authiorized to c:ercise the option discussed above and, if so, whether there is any li'it:tion on the amount of money that can b- obligated to carry out the cxrcise of the option absent any appro-prictions by the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most