Page:United States Statutes at Large Volume 108 Part 2.djvu/434

 108 STAT. 1150 PUBLIC LAW 103-272—JULY 5, 1994 (1) at any time before October 23, 1978, the place was 1'^ served by a carrier holding a certificate under section 401 of the Federal Aviation Act of 1958; (2) the place is more than 50 miles from the nearest small hub airport or an eligible place; (3) the place is more than 150 miles from the nearest hub airport; and (4) the State or local government submitting the proposal or a person is willing and able to pay 25 percent of the cost of providing the compensated transportation. (c) LEVEL OF AIR TRANSPORTATION. —(1) If the Secretary designates a place under subsection (a)(1) of this section as eligible for compensation under this section, the Secretary shall decide, not later than 6 months after the date of the designation, on the level of air transportation to be provided under this section. Before making a decision, the Secretary shall consider the views of any interested community, the appropriate State authority of the State in which the place is located, and the State or local government or person agreeing to pay compensation for the transportation under subsection (b)(4) of this section. (2) After making the decision under paragraph (1) of this subsection, the Secretary shall provide notice that any air carrier that is willing to provide the level of air transportation established under paragraph (1) for a place may submit an application to provide the transportation. In selecting an applicant, the Secretary shall consider, among other factors— (A) the factors listed in section 41733(c)(1) of this title; and (B) the views of the State or local government or person agreeing to pay compensation for the transportation. (d) COMPENSATION PAYMENTS. —(1) The Secretary shall pay compensation under this section when and in the way the Secretary decides is appropriate. The Secretary shall continue to pay compensation under this section only as long as— (A) the air carrier maintains the level of air transportation •'' established by the Secretary under subsection (c)(1) of this section; (B) the State or local government or person agreeing to pay compensation for transportation under this section continues to pay that compensation; and (C) the Secretary decides the compensation is necessary to maintain the transportation to the place. (2) The Secretary may require the State or local government or person agreeing to pay compensation under this section to make advance payments or provide other security to ensure that timely pa3anents are made. (e) REVIEW. — The Secretary shall review periodically the level of air transportation provided under this section. Based on the review and consultation with any interested community, the appropriate State authority of the State in which the community is located, and the State or local government or person paying compensation under this section, the Secretary may make appropriate adjustments in the level of transportation. if) WITHDRAWAL OF ELIGIBILITY DESIGNATIONS. — After providing notice and an opportunity for interested persons to comment, the Secretary may withdraw the designation of a place under subsection (a)(1) of this section as eligible to receive compensation

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