Page:United States Statutes at Large Volume 95.djvu/711

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 685

assistance for facilities transferred from the Corporation after the effective date of the Northeast Rail Service Act of 1981.". ^«'^' P 643. (f) Section 509(b)(4) of the Railroad Revitalization and Regulatory Reform Act of 1976, as redesignated by subsection (e) of this section, is 45 USC 829. amended by striking "and (2)" and inserting in lieu thereof ", (2) and (3)". NORTHEAST CORRIDOR COST DISPUTE

SEC. 1163. (a)(1) Within 120 days after the effective date of this subtitle, the Commission shall determine an appropriate costing methodology for compensation to Amtrak for the right-of-way related costs for the operation of commuter rail passenger service over the Northeast Corridor and other properties owned by Amtrak, unless Conrail, Amtrak, and affected commuter authorities have otherwise agreed on such a methodology by that date. In making its determination, the Commission shall consider all relevant factors, including the standards of sections 205(d) and 304(c) of the Regional Rail Reorganization Act of 1973, section 701(a)(6) of the Railroad Revitalization and Regulatory Reform Act of 1976, and section 402(a) of the Rail Passenger Service Act. (2) Within 120 days after the effective date of this subtitle, the Commission shall determine a fair and equitable costing methodology for compensation to Amtrak by Conrail for the right-of-way related costs for the operation of rail freight service over the Northeast Corridor, unless Conrail and Amtrak have otherwise agreed on such a methodology by that date. In making its determination, the Commission shall take into consideration the industry-wide average compensation for freight trackage rights and any additional costs associated with high-speed service provided over the Northeast Corridor. (b) Any determination by the Commission under this section shall be effective on the date of such determination, and any agreement of the parties under this section shall be effective on the date specified in such agreement. Any such determination or agreement shall not apply to any compensation paid to Amtrak prior to the date of such determination or the date so specified, as the case may be, for the right-of-way related costs described in subsection (a) of this section. (c) Nothing in this section shall preclude parties from entering into an agreement, after the determination of the Commission or their initial agreement under this section, with respect to the right-of-way related costs described in subsection (a) of this section. (d) Any determination by the Commission under this section shall be final and shall not be reviewable in any court.

45 USC n i l.

45 USC 715, 744. 45 USC 851. 45 USC 562.

COMMISSION P R O C E E D I N G S

SEC. 1164. (a) Notwithstanding any other provision of subtitle IV of 45 USC 1112. title 49, United States Code, in any proceeding before the Commission under section 11344 or 11345 of such subtitle involving a railroad in the Region, as defined in section 102 of the Regional Rail Reorganization Act of 1973, which was in a bankruptcy proceeding under section 45 USC 702. 77 of the Bankruptcy Act on November 4, 1979, the Commission shall, with or without a hearing, issue a final decision within a period not to exceed 180 days after receipt of an application under either such section. (b) Notwithstanding any other provision of subtitle IV of title 49, United States Code, in any proceeding before the Commission under 49 USC lOioi et seq.

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