Page:United States Statutes at Large Volume 90 Part 1.djvu/173

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PUBLIC LAW 94-000—MMMM. DD, 1976

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976

90 STAT. 123

(2) $150,000,000 to remain available until expended in order to effectuate the goal of section 703(1)(B); (3) for payment to the National Railroad Passenger Corporation— (A) $10,000,000 to remain available until expended for nonrecurring costs related to the initial assumption of control and responsibility for maintaining rail operations on the Northeast C o r r i d o r; ^ (B) $85,182,956 to acquire the properties of the Northeast C o r r i d o r; (C) $650,000 to remain available until expended, for the development and utilization of mobile radio frequencies for high-speed rail passenger radio telephone service; and (D) $20,000,000, to remain available until expended, for acquiring and improving properties designated in accordance with section 206(c)(1)(D) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716(c)(1)(D)). (b) LIMITATION.—No funds appropriated under this section or pursuant to section 601 of the Rail Passenger Service Act may be used to 45 USC 601. subsidize any operating losses of commuter rail or rail freight services. (c) COORDINATION.—The Secretary shall take all steps necessary to coordinate all transportation programs related to the Northeast Corridor to assure that all such programs are integrated and consistent with implementation of the Northeast Corridor improvement project under this title, including, if the Secretary finds any significant noncompliance with the implementation of the goals of section 703 of this title, the denial of funding to any noncomplying program until such noncompliance is corrected. (d)

EMERGENCY M A I N T E N A N C E C O N T I N U A T I O N. — After the convey-

ance of rail properties, pursuant to section 303(b) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 7 4 3 (b)) and section 701(b) of this title, not to exceed $25,000,000 of the funds appropriated pursuant to Public Law 91-6 (89 Stat. 11) shall remain available to be utilized by the Secretary for the purpose of performing emergency maintenance on the rail properties designated in accordance with section 206 (c)(1)(C) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 716 (c)(1)(C)). CONFORMING AMENDMENTS

SEC. 705. (a) Section 402(a) of the Rail Passenger Service Act (45 U.S.C. 5 6 2 (a)) is amended by adding at the end thereof the following three new sentences: "Notwithstanding any other provision of this Act, the Corporation may enter into agr-eements with any other railroads and with any State (or local or regional transportation agency) responsible for providing commuter rail or rail freight services over tracks, rights-of-way, and other facilities acquired by the Corporation pursuant to authority granted by the Regional Rail Reorganization Act of 1973 and the Railroad Revitalization and Regulatory Reform 45 USC 701 note, Act of 1976. I n the event of a failure to agree, the Commission shall Ante, p. 31. order that rail services continue to be provided, and it shall, consistent with equitable and fair compensation principles, decide, within 180 days after the date of submission of a dispute to the Commission, the proper amount of compensation for the provision of such services. The Commission, in making such a determination, shall consider all relevant factors, and shall not permit cross subsidization among intercity, commuter, and rail freight services.". (b) Section 6 0 1 (d)(1) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 791(d)(1)) is amended to read as follows: