Page:United States Statutes at Large Volume 95.djvu/726

 95 STAT. 700

Notification.

Notification.

PUBLIC LAW 97-35—AUG. 13, 1981 centum, except that" and all that follows in that sentence and inserting in lieu thereof "70 per centum.". (c) Section 5(h) of the Department of Transportation Act (49 U.S.C. 1654(h)) is amended— (1) in paragraph (1) by striking out "1979" and inserting in lieu thereof^'1981"; (2) in paragraph (2) by striking out "October 1, 1979" and inserting in lieu thereof "October 1, 1981"; (3) in paragraph (2)(B) by striking out "(including" and all that follows through "under this section)" both places it appears; and (4) by amending paragraph (3) to read as follows: "(3)(A) The Interstate Commerce Commission shall, no later than July 1 of the year preceding the fiscal year funds are made available under this section, provide the Secretary with the sum of the rail mileage in each State that meets the description set forth in subparagraphs (A) and (B) of paragraph (2). The Secretary shall, no later than the first day of each fiscal year, notify each SUAe of the funds to which such State is entitled under this subsection during such fiscal year. "(B)(i) Entitlement funds shall remain available to a State for the first 6 months after the end of the fiscal year for which funds have been made available for use under this section. "(ii) Any funds which have not been applied for under this section shall be made available to the Secretary for use during the remainder of the current fiscal year for rail service assistance projects meeting the requirements of this section. The Secretary shall, no later than 30 days after the end of the first six months of a fiscal year, notify each State with respect to any funds still available for rail service assistance projects under this section. "(C) In considering applications for rail service assistance to be provided with funds described in subparagraph (B)(ii), the Secretary shall consider the following: "(i) The percentage of lines filed with the Interstate Commerce Commission for abandonment or potential abandonment within aStete. "(ii) The likelihood of future abandonments within a State. "(iii) The ratio of benefits to costs (which are included in the State rail plan) for a proposed project. "(iv) The likelihood that the line will continue operating with rail freight assistence. "(v) The impact of rail bankrupteies, rail restructuring, and rail mergers on the State applying for assistence.". (d) Section 5(i) of the Department of Transportetion Act (49 U.S.C. 1654(i)) is amended to read as follows: "(i) On the first day of the fiscal year, each State shall be entitled to $100,000 of the fund available for expenditure under subsection (q) of this section during the fiscal year to meet the cost of establishing, implementing, revising, and updating the State rail plan required by subsection (j) of this section. Each State must apply tor such funds on or before the first day of the fiscal year. Any funds which have not been applied for under this subsection shall be made available to the Secretary under subsection (h)(3)(B) of this section.". (e) Section 5(k) of the Department of Transportation Act (49 U.S.C. 1654(k)) is amended— (1) by striking out paragraph (1) and redesignating paragraphs (2), (3), (4), and (5) as paragraphs (1), (2), (3), and (4), respectively; (2) in paragraph (1), as redesignated, by striking out "paragraph (2)" and inserting in lieu thereof "paragraph (1)', by

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