Page:United States Statutes at Large Volume 92 Part 3.djvu/427

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PUBLIC LAW 95-000—MMMM. DD, 1978

PUBLIC LAW 95-607—NOV. 8, 1978

92 STAT. 3059

Public Law 95-607 95th Congress An Act To amend section 6 of the Department of Transportation Act, relating to rail

service assistance, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—LOCAL RAIL SERVICE ASSISTANCE SHORT TITLE

SEC. 101. This title may be cited as the "Local Rail Service Assistance Act of 1978". EXPANSION OF ASSISTANCE

Nov. 8. 1978 [S. 2981]

Department of Transportation Act, amendment. Local Rail Service Assistance Act of 1978. 49 USC 1651 note.

SEC. 102. Section 5(f) of the Department of Transportation Act (49 U.S.C. 1654(f)) is amended— (1) in paragraph (2), by striking out "purchasing a line of railroad or other rail properties" and inserting in lieu thereof "acquiring, by purchase, lease, or in such other manner as the State considers appropriate, a line of railroad or other rail properties, or any interest therein,"; (2) in paragraph (3), by striking out "and" immediately after the semicolon; (3) in paragraph (4), by striking out the period and inserting in lieu thereof "; and"; and (4) by adding at the end thereof the following new paragraph: "(5) the cost of constructing rail or rail related facilities (including new connections between two or more existing lines of railroad, intermodal freight terminals, sidings, and relocation of existing lines) for the purpose of improving the quality and efficiency of rail freight service.". COST SHARING

SEC. 103. Section 5(g) of the Department of Transportation Act (49 U.S.C. 1654(g)) is amended to read as follows: "(g) The Federal share of the costs of any rail service assistance Federal share, program shall be 80 per centum, except that the Federal share of costs for financial assistance under paragraph (1) of subsection (f) of this section for any project described in subsection (k)(1) of this section shall be 80 per centum for the first and second years such project is conducted and 70 per centum for the third year such project is conducted. The State snare of the costs may be provided in cash or through State share, any of the following benefits, to the extent that such benefits would not otherwise be provided: (1) forgiveness of taxes imposed on a common carrier by railroad or on its properties; (2) the provision by the State or by any person or entity on behalf of such State, for use in its rail service assistance program, of real property or tangible personal property of the kind necessary for the safe and efficient operation of rail freight service; (3) trackage rights secured by the State for a common carrier by railroad; or (4) the cash equivalent of State