Page:United States Statutes at Large Volume 90 Part 1.djvu/189

 PUBLIC LAW 94-210—FEB. 5, 1976

90 STAT. 139

"(3) following certification to the special court, pursuant to section 209(c) of the Regional Rail Reorganization Act of 1973, 45 USC 719. of any such rail properties not previously so certified. "(j) EXEMPTION.— (1) No local public body which provides mass transportation services and which is otherwise subject to the Interstate Commerce Act shall, with respect to the provision of such services, 49 USC 1. be subject to the Interstate Commerce Act or to rules, regulations and orders promulgated under such Act, except that any such local public body shall continue to be subject to applicable Federal laws pertaining to (A) safety, (B) the representation of employees for purposes of collective bargaining, and (C) employment retirement, annuity, and miemployment systems or any other provision pertaining to dealings between employees and employers. " (2) For purposes of this subsection, the term— "(A) 'local public body' has the meaning prescribed for such "Local public term in section 12(c)(2) of the Urban Mass Transportation Act body." (49 U.S.C. 1608(c)(2)) and includes any person or entity which contracts with a local public body to provide transportation services; and "(B) 'mass transportation' has the meaning prescribed for such "Mass term in section 12(c)(5) of the LTrban Mass Transportation Act transportation." (49 U.S.C. 1608(c)(5)).". CONTINUATION ASSISTANCE

SEC. 805. (a) Section 402 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 762) is amended to read as follows: aRAIL

SERVICE CONTINUATION

ASSISTANCE

"SEC. 402. (a) GENERAL.— (1) The Secretary shall provide financial assistance in accordance with this section to assist in the provision of rail service continuation payments, the acquisition or modernization of rail properties, including the preservation of rights-of-way for future rail service, the construction or improvement of facilities necessary to accommodate the transportation of freight previously moved by rail service, and the cost of operating and maintaining rail service facilities such as yards, shops, docks, or other facilities useful in facilitating and maintaining main line or local rail service. The Federal share of the costs of any such assistance shall be as follows: (A) 100 percent for the 12-month period following the date that rail properties are conveyed pursuant to section 303(b)(1) of this Act; and (B) 90 percent for the succeeding 12-month period. "(2) The Secretary shall, within one year after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976, promulgate standards and procedures under which the State share of such cost may be provided through in-kind benefits such as forgiveness of taxes, trackage rights, and facilities which would not otherwise be provided. "(3) The Secretary, in cooperation with the Secretary of Labor, the Association, and the Commission, shall assist States and local or regional transportation authorities in negotiating initial operating or lease agreements and shall report to the Congress not later than 30 days after the date of enactment of the Railroad Revitalization and Regulatory Reform Act of 1976 on the progress of such negotiations. The Secretary may, with the concuri'ence of a State, enter directly into operating or lease agreements with railroads designated to provide service under section 304(d) of this Act, and with the trustees of rail-

''

45 USC 743. Standards and procedures. Ante, p. 31.

Report to Congress,

45 USC 744.

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