Page:United States Statutes at Large Volume 101 Part 1.djvu/275

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 245



title shall, for purposes of this subtitle, be treated as a person which is providing or seeking to provide transportation of passengers subject to such jurisdiction. n... » "(p) DEFINITIONS.—In this subsection— ^ "(i) PUBLIC RECIPIENT OF GOVERNMENTAL ASSISTANCE.—The term 'public recipient of governmental assistance' means— •' ''•' ' "(I) any State, "(II) any municipality or other political subdivision of a State, T X A ^1* "(III) any public agency or instrumentality of one or more States and municipalities and political subdivisions of a State, "(IV) any Indian tribe, "(V) any corporation, board, or other person ,,, owned or controlled by any entity described in ^.msmh JDiv subclause (I), (II), (III), or (IV), and "(VI) any corporation, board, or other person owned by, controlled by, or under common control with, any entity described in subclause (I), (II), (III),

If;;;' ,^'

'

(iv),or(V), which before, on, or after the date of the enactment of this paragraph received governmental financial assistance for the purchase or operation of any bus. "(ii)

PRIVATE RECIPIENT OF GOVERNMENTAL ASSIST-

V ' ^, ' " ' Q

ANCE.—The term 'private recipient of governmental assistance' means any person (other than a person described in clause (i)) who before, on, or after the date of the enactment of this paragraph received g:overnmental financial assistance in the form of a subsidy for the purchase, lease, or operation of any bus.". (b) PUBLIC INTEREST FINDING.—Section 10922(c)(3) of title 49, United States Code, is amended by striking out "and" at the end of subparagraph (C), by striking out the period at the end of subparagraph (D) and inserting in lieu thereof "; and", and by adding at the end thereof the following: "(E) the amount and extent of governmental financial assistance which the applicant for the certificate received before, on, or after the date of the enactment of this subparagraph for the purchase or operation of buses. In addition, in making any finding relating to public interest under paragraph (I)(D) of this subsection, the Commission shall consider whether or not the person objecting to issuance of the certificate is a motor common carrier of passengers which is providing, or is willing and able to provide, the transportation to be authorized by the certificate.". (c) CONFORMING AMENDMENT.—Section 10922(c)(3) of title 49, United States Code, is amended by striking out "(1)(A)" and inserting in lieu thereof "(1)". SEC. 340. UTILIZATION REQUIREMENT FOR CERTIFICATES AUTHORIZING INTRASTATE BUS OPERATIONS.

(a) GENERAL RULE.—Section 10922(c)(2) of title 49, United States Code, is amended by adding at the end thereof the following new subparagraph: ' (J) LIMITATION ON INTRASTATE CERTIFICATES.—Each certificate issued under this paragraph to provide intrastate

-Sftoi Oo'J kii '""

,,; '^- '

.

�