Page:United States Statutes at Large Volume 94 Part 1.djvu/468

 94 STAT. 418 45 USC 771.

PUBLIC LAW 96-254—MAY 30, 1980. tion Act of 1973, and the United States Railway Association shall not, as a result of such payments, withhold any funds from the Corporation. (b) This section shall take effect as of March 1, 1980, and shall remain in effect until the expiration of the 45-day period beginning on the date of enactment of this Act. After the expiration of such 45day period, payments by the Consolidated Rail Corporation under title V of the Regional Rail Reorganization Act of 1973, and funding of the Corporation by the United States Railway Association, shall be governed by applicable law. RELOCATION OP FACILITIES

Report to Congress.

SEC. 215. (a) The Secretary of Transportation may not take any action with respect to the relocation of the Amtrak maintenance-ofway facility at Bristol, Pennsylvania, until 60 days after the date the Secretary reports to the Congress under subsection 0?) of this section. 0)) The Secretary of Transportation shall consider and report to the Congress with respect to— (1) preliminary design plans for sites which are potential alternatives to the maintenance-of-way facility referred to in subsection (a) of this section; (2) the current value, current use, and alternative uses of such potential alternative sites; (3) potential labor protection costs to be incurred in the maintenance-of-way relocation; and (4) potential problems arising from jurisdictional labor disputes arising as a result of such a relocation. OPERATION OF ADDITIONAL TRAINS

93 Stat. 542. Ordered operations, application and hearing.

Publication in Federal Register.

Compensation.

SEC. 216. Section 402 of the Rail Passenger Service Act (45 U.S.C. 562) is amended by adding at the end thereof the following new subsection: "(h) Upon receipt of an application from the Corporation in any situation where the Corporation is unable to obtain a satisfactory, voluntary agreement from a rail carrier for operation of additional trains on the rail lines of that rail carrier, the Secretary may, after a hearing on the record, order such rail carrier, within 60 days, to permit or provide requested operation of trains of the Corporation over such rail lines on schedules based upon legally permissible operating times. If the Secretary determines not to hold a hearing, the Secretary, within 30 days after receipt of an application from the Corporation, shall publish in the Federal Register his reasons for not holding a hearing. Any such hearing must include a consideration of whether such an order would unduly impair freight operations of the rail carrier involved, and the burden shall be on the rail carrier seeking to oppose the operation of an additional train to demonstrate that the requested operation will impair freight operations. In establishing such scheduled running times, the Secretary shall give proper consideration to the statutory goal that the Corporation shall implement schedules which will attain a system-wide average speed of at least 55 miles per hour which can be adhered to with a high degree of reliability and passenger comfort. The compensation payable by the Corporation to a rail carrier for an operation ordered pursuant to this subsection shall be that which is properly established pursuant to an agreement between the Corporation and such rail carrier, or, in the

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