Page:United States Statutes at Large Volume 90 Part 1.djvu/150

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PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 100 45 USC 716.

Ante, p. 89.

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 " (1) the degree to which the goals of section 206(a) of this Act are being m e t; " (2) the amounts and causes of deviations, if any, from the financial projections of the final system p l a n; " (3) the amount of Federal funds made available to the Corporation and a clear description of the uses of such funds; " (4) the projected financial needs of the Corporation; " (5) the projected sources from which such financial needs are likely to be m e t; and " (6) the ability of the Corporation to become financially selfsustaining without requiring Federal funds in excess of those authorized by section 216(f) of this Act.". CONTINUING R E ORGANIZATION;

'Subsidiary." "Supplemental transaction." Infra.

45 USC 743. ';:)H

SEC. 610. (a) Section 102 of such Act (45 U.S.C. 702), as amended by this Act, is amended— (1) in paragraph (16) thereof, by striking out " and "; (2) in paragraph (17) thereof, by striking out the period and inserting in lieu thereof a semicolon; and (3) by adding at the end thereof the following two new paragraphs: "(18) 'subsidiary' means any corporation 100 percent of whose total combined voting shares are, directly or indirectly, owned or controlled by the Corporation; and "(19) 'supplemental transaction' means any transaction set forth in a proposal under section 305 of this Act, within 6 years after the date on which the special court orders conveyances of rail properties to the Corporation under section 303(b) of this Act, under which the Corporation or a subsidiary thereof would (A) acquire rail properties not designated for transfer or conveyance to it under the final system plan, (B) convey rail properties to a profitable railroad, a subsidiary of the Corporation or, other than as designated in the final system plan, to the National Railroad Passenger Corporation or to a State or a local or regional transportation authority, or to any other responsible person for use in providing rail service, or (C) enter into contractual or other arrangements with any person for the joint use of rail properties or the coordination or separation of rail operations or services.". (b) Title III of such Act is amended by adding at the end thereof the following new sections: CONTINUING R E ORGANIZATION;

45 USC 745.

' '. •' •

45 USC 716.



" SEC. 305. (a) PROPOSALS.—If the Secretary or the Association determines that, as part of continuing reorganization, further restructuring of rail properties in the region through transactions supplemental to the final system plan would promote the establishment and retention of a financially self-sustaining rail service system in the region adequate to meet the needs of the region, the Secretary or the Association, as the case may be, may develop proposals for such supplemental transactions as are necessary or a p p r o p r i a t e to implement the needed restructuring. Transfers of rail properties included in proposals developed by the Association shall be limited to (1) rail properties which would have qualified for designation under section 206(c)(1) (A) of this Act but which were not transferred or conveyed under the final system plan, and which the Association finds to be essential to the efficient operations of the Corporation, and (2) transfers, con-