Page:United States Statutes at Large Volume 92 Part 3.djvu/431

 PUBLIC LAW 95-607—NOV. 8, 1978

92 STAT. 3063

"(B) the line of railroad related to the project is certified by the railroad as having carried less than 5 million gross ton miles of freight per mile during the prior year and the Secretary has determined that the project is essential to carry out proposals made under authority of subsections (a) through (e) of this section; "(C) an application for a certificate of abandonment or discontinuance with respect to the line of railroad related to the project has been filed with the Interstate Commerce Commission prior to January 1, 1979 (whether or not such application has been granted); "(D) the line of railroad related to the project is listed for possible inclusion in a rail bank in part III, section C of the Final System Plan issued by the United States Railway Association under section 207 of the Regional Rail Reorganization Act of 1973 (45 U.S.C.7l7);or " (E) the line of railroad related to the project was eligible to be acquired under section 402(c)(3) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 762(c)(3)). Any project involving a line of railroad described in subparagraph (C), (D), or (E) of this paragraph shall only be eligible for financial assistance until September 30, 1981. "(4) A project is eligible for financial assistance under paragraph (4) of subsection (f) of this section only if— ^ "(A) the Interstate Commerce Commission has found, since , February 5, 1976, that the public convenience and necessity permit the abandonment of, or the discontinuance of rail service on, the line of railroad which is related to the project; or "(B) the line of railroad or related project was eligible for financial assistance under section 402 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 762), except that a line of railroad or related project which was eligible for assistance under such section 402 or under this section prior to October 1, 1978, shall ^ be eligible only until September 30, 1981. "(5) On or before August 1 of each year, each common carrier by railroad subject to part I of the Interstate Commerce Act shall pre- Ante, p. 1337. pare, update, and submit to the Secretary a listing of those rail lines of such carrier which, based on level of usage, carried 3 million gross ton miles of freight or less per mile during the prior year.". ^

REHABILITATION

ASSISTANCE

SEC. 108. Section 5 of the Department of Transportation Act (49 U.S.C. 1654) is amended by redesignating subsection (o) as subsection (p), and by inserting immediately after subsection (n) the following new subsection: " (o) A State shall use financial assistance provided under paragraph (3) of subsection (f) of this section in accordance with the following provisions: "(1) The financial assistance shall be used to rehabilitate or improve rail properties in order to improve rail freight service within the State. "(2) The State shall, in its discretion, grant or loan funds to the owner of rail properties or operator of rail service related to the project.

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