Page:United States Statutes at Large Volume 90 Part 1.djvu/186

 90 STAT. 136

45 USC 743.

^•5 USC 715. Jurisdiction.

PUBLIC LAW 9 4 - 2 1 0 — F E B. 5, 1976 " (3) If necessary to prevent any disruption or loss of rail service, at any time after the date of conveyance, pursuant to section 303(b) (1) of this title, the Commission— " (A) shall take such action as may be appropriate under its existing authority (including the enforcement of common carrier requirements applicable to railroads in reorganization i n the region) to ensure compliance with obligations imposed under this subsection; and " (B) shall have authority, i n accordance with the provisions of section 1(16)(b) of the Interstate Commerce Act (49 U.S.C. 1 (16)(b)), to direct rail service to be provided by any designated railroad o r b}^ the trustees of a railroad in reorganization in the region, if a rail service continuation payment has been offered but an applicable operating or lease agreement is not in effect. For purposes of the preceding sentence, any compensation required as a result of such directed service shall be determined in accordance with the standards developed pursuant to section 205(d)(6) of this Act. The district courts of the United States shall have jurisdiction, upon petition by the Commission or any interested person (including a government e n t i t y), to enforce any order of the Commission issued pursuant to the exercise of its authority under this subsection, or to enjoin any designated entity or the trustees of a railroad in reorganization in the region from refusing to comply with the provisions of this subsection. " (e) R A I L PASSENGER SERVICE.— (1) The Corporation (or a profit-

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able railroad) shall provide rail passenger service for a period of 180 days immediately following the date of conveyance (pursuant to section 303(b)(1) of this title), with respect to any rail properties over which a railroad in reorganization in the region, or a person leased, operated, or controlled by such a railroad, was providing rail passenger service immediately prior to such date of conveyance. Such service shall be provided on such properties regardless of whether or not such properties are designated in the final system plan as rail properties over which rail service is required to be operated, except with respect to properties over which such service is provided by the National Railroad Passenger Corporation. " (2) I f a State ( o r a local or regional transportation authority) was providing financial assistance to support the operation of rail passenger service, pursuant to a lease or agreement which was in effect immediately prior to the date of conveyance (pursuant to such section 303(b)(1)), the Corporation (or a profitable railroad) shall be bound by the service provisions of such lease or agreement for the duration of the 180-day mandatory operation period specified in paragraph (1) of this subsection. I f a State or such an authority was providing financial assistance for the continuation of rail passenger service on rail properties immediately prior to such date of conveyance, it shall provide the same level of financial assistance during such 180day mandatory operation period. I f no such financial assistance was being provided or if no such lease or agreement was in effect immediately p r i o r to such date of conveyance, with respect to any such rail properties, the Corporation (or a profitable railroad) shall provide the same level of rail passenger service, for the duration of such 180-day mandatory operation period, that was provided prior to such date by the applicable railroad. If— " (A) such financial assistance is not provided; ,^, " (B) a State (or a local or regional transportation authority) ' '' has not, by the end of such 180-day mandatory operation period,

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