12 2 STA T .49 4 6PUBLIC LA W 11 0– 4 3 2 —O CT. 16 , 200 8‘ ‘ (4)SUBSEQ UE NTR E PLAC E M ENT OF SER VI CE .—Ifther e plac e -m e n t o fe xis tin g rail passenger ser v ice ta k es place w ithin 3y ears after the replacing entity commences intercity passenger rail service , the replacing entity an d the collective b argaining agent or agents for the adversely affected employees of the predecessor provider shall enter into an agreement with respect to the matters set forth in s u bparagraphs ( A ) through ( D ) of paragraph ( 1 ). If the parties have not entered into an agree- ment with respect to all such matters within 60 days after the date on which the replacing entity replaces the predecessor provider, the parties shall select an arbitrator using the proce- dures set forth in paragraph ( 2 )( B ), who shall, within 20 days after the commencement of the arbitration, conduct a hearing and decide all unresolved issues. T his decision shall be final, binding, and conclusive upon the parties. ‘‘(e) INAPPLICABILIT Y TO C ERTAIN R AIL O PERATIONS.— N othing in this section applies to— ‘‘(1) commuter rail passenger transportation (as defined in section 24102(4) of this title) operations of a State or local government authority (as those terms are defined in section 5 302(11) and (6), respectively, of this title) eligible to receive financial assistance under section 530 7 of this title, or to its contractor performing services in connection with commuter rail passenger operations (as so defined)
‘‘(2) the Alaska Railroad or its contractors; or ‘‘(3) Amtrak ’ s access rights to railroad rights of way and facilities under current law. ‘‘(f) L IMITATION.—No grants shall be provided under this chapter for commuter rail passenger transportation, as defined in section 24102(4) of this title. ‘ ‘ §24 4 06.Authoriza tio n o f a p propriation s ‘‘There are authori z ed to be appropriated to the Secretary of Transportation for capital grants under this chapter the following amounts
‘‘(1) F or fiscal year 200 9 , $ 100,000,000. ‘‘(2) For fiscal year 2010, $300,000,000. ‘‘(3) For fiscal year 2011, $400,000,000. ‘‘(4) For fiscal year 2012, $500,000,000. ‘‘(5) For fiscal year 2013, $600,000,000.’’. (b) CONFORMIN G AMEN D MENT.—The chapter analysis for sub- title V is amended by inserting the following after the item relating to chapter 243: ‘ ‘ 24 4 .INTERC IT YPAS SEN G ER RAI L SER V ICE C O RRI D OR CAPITAL AS - SISTANCE ................................................................................................244 01’ ’. (c) ASSISTANCE.—In implementing section 24405(a) of title 49, U nited States Code, the Federal H ighway Administration shall, upon re q uest by the Federal Railroad Administration, assist the Federal Railroad Administration in developing a process for posting on its website or distributing via email notices of waiver requests received pursuant to such subsection and soliciting public comments on the intent to issue a waiver. The Federal Railroad Administra- tion’s development of such a process does not relieve the Federal Railroad Administration of the requirements under paragraph (4) of such subsection. 49USC2 44 05note.D e adli ne s . Cont r a c ts.
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