Page:United States Statutes at Large Volume 90 Part 1.djvu/148

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PUBLIC LAW 94-000—MMMM. DD, 1976

90 STAT. 98

PUBLIC LAW 94-210—FEB. 5, 1976

second sentence thereof, by striking out "60" and inserting in lieu thereof "95"; and (2) by inserting immediately after the first sentence thereof the following new sentence: "Any such offer may be modified until the date of acceptance thereof, unless such modification results in an offer for the sale of rail properties at less than the net liquidation value thereof.", (p) Section 206(d) of such Act (45 U.S.C. 716(d)) is amended by adding at the end thereof the following new paragraph: "(6) Notwithstanding any statement to the contrary in the final system plan, a State (or a local or regional transportation authority) shall not be required to deliver to the Corporation a firm commitment to acquire rail properties designated to such State or authority prior to 7 days after the date of enactment of this paragraph.". 45 USC 716. (q) Section 206 of such Act (45 U.S.C. 717(c)) is amended by adding at the end thereof the following new subsection: " (j) Any rail properties over which rail service was being provided ^ as of the date of enactment of this Act, and which were recommended in the preliminary system plan for transfer to the Corporation, shall be deemed to be designated in the final system plan for transfer to the Corporation under subsection (c)(1)(A) of this section. Any designation in the final system plan, pursuant to subsection (c)(1) (B) of this section, of overhead trackage rights to be acquired by a profitable railroad operating in the region over specified rail properties to be acquired by the Corporation, where such designation does not (1) authorize such profitable railroad to interchange traffic with at least one railroad, or (2) provide for the connection of portions of such profitable railroad's rail properties, and where the transfer of ownership of such rail properties (including trackage rights) to such profitable railroad was recommended in the preliminary system plan, ,,. •. and the Commission has made a determination with respect thereto, in accordance with subsection (d)(B) of this section, shall be deemed to authorize such profitable railroad to interchange traffic with the Corporation and any other profitable railroad connecting with such specified rail properties.". Final system (r) Section 209(c) of such Act (45 U.S.C. 719(c)) is amended by plan, certified adding at the end thereof, without paragraph indentation, the followcopy, delivery j ^ ^ ^^^ sentences: "Notwithstanding any other provisions of this ^®

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subsection and subsection (d) of this section, the time for the delivery of a certified copy of the final system plan shall be March 12, 1976, and may be extended to a date not more than 80 days thereafter, prescribed in a notice filed by the Association not later than February 10, 1976, with the special court, the Congress, and each court referred to in such subsection (d). Such notice shall contain the certification of the Association that an orderly conveyance of rail properties cannot reasonably be effected before the date for conveyance determined with respect to 45 USC 743. such notice. The time prescribed in section 303(a) of this Act shall be determined with respect to the date prescribed in such notice.". (s) Section 209(c)(1) and (2) of such Act (45 U.S.C. 719(c) (1) and (2)) is amended by striking out "railroad leased" each time it appears therein and inserting in lieu thereof "person leased". (t) Section 102(12) of such Act (45 U.S.C. 702(12)), as redesigAnte, p. 86. nated by this Act, is amended (1) by inserting immediately before "which are used or useful" the following: " (or a person owned, leased,

5;. or otherwise controlled by a railroad)"; and (2) by striking out

"phase" and inserting in lieu thereof "phrase".