12 2 STA T .49 2 7PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 200 8(2)bystrik i ng‘ ‘ Com mission ’ ’ eachpl ace it appears an d inserting ‘‘ B oard’’
( 3 ) by striking ‘‘ S ecretary o fT ransportation’’ in s u bsection (c) and inserting ‘‘Board’’; and ( 4 ) by striking ‘‘Secretary’’ the last 3 places it appears in subsection (c) and each place it appears in subsections (d) and (e) and inserting ‘‘Board’’ .SEC.214 . ALT E RN ATE P ASSEN G ER RA I L SER V ICE PIL O T PROGRA M . (a) INGE NE RAL . — Chapter 24 7, as amended by section 2 10 , is amended by adding at the end thereof the follo w ing
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‘ §2471 1 .Alterna te p a s sen g er ra i l ser v i c e pil o t progra m ‘‘(a) IN GENERAL.— W ithin 1 year after the date of enactment of the P assenger R ail In v estment and Improvement A ct of 200 8 , the F ederal Railroad Administration shall complete a rulemaking proceeding to develop a pilot program that— ‘‘(1) permits a rail carrier or rail carriers that own infra - structure over which Amtrak operates a passenger rail service route described in subparagraph (B), (C), or ( D ) of section 24102( 5 ) or in section 24702 to petition the Administration to be considered as a passenger rail service provider over that route in lieu of Amtrak for a period not to e x ceed 5 years after the date of enactment of the Passenger Rail Investment and Improvement Act of 2008; ‘‘(2) re q uires the Administration to notify Amtrak within 30 days after receiving a petition under paragraph (1) and establish a deadline by which both the petitioner and Amtrak would be required to submit a bid to provide passenger rail service over the route to which the petition relates; ‘‘(3) requires that each bid describe how the bidder would operate the route, what Amtrak passenger equipment would be needed, if any, what sources of non-Federal funding the bidder would use, including any State subsidy, among other things; ‘‘(4) requires the Administration to select winning bidders by evaluating the bids against the financial and performance metrics developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008 and to give preference in awarding contracts to bidders seeking to operate routes that have been identified as one of the five worst performing Amtrak routes under section 24710; ‘‘(5) requires the Administration to execute a contract within a specified, limited time after the deadline established under paragraph (2) and award to the winning bidder— ‘‘(A) the right and obligation to provide passenger rail service over that route sub j ect to such performance stand- ards as the Administration may require, consistent with the standards developed under section 207 of the Passenger Rail Investment and Improvement Act of 2008; and ‘‘(B) an operating subsidy— ‘‘(i) for the first year at a level not in excess of the level in effect during the fiscal year preceding the fiscal year in which the petition was received, adjusted for inflation; ‘‘(ii) for any subsequent years at such level, adjusted for inflation; and Notif i ca tio n.De a dl ine s . Deadline. R e gu lations.
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