PUBLIC LAW 96-73—SEPT. 29, 1979
93 STAT. 543
the first year of operation, 35 percent of such costs in the second year of operation, and 50 percent of such costs in each year of operation thereafter; and "(iv) a statement by such State or agency that it agrees to provide, in each year of operation of such service, 50 percent of the associated capital costs of operating such service. "(2)(A) The Corporation shall review each application submitted by Technical a State or agency for the institution of service under this subsection Assistance and shall convene a Technical Assistance Panel to consider such Panel. application if the Corporation determines that— "(i) the application complies with requirements of paragraph (1)(C) of this subsection; and "(ii) there is a reasonable probability that the service requested can be provided with the resources available to the Corporation. "(B) The Corporation shall make its determinations under this paragraph, and convene a panel if appropriate, at least 150 days prior to the beginning of the fiscal year in which the service requested is to be operated, except that with respect to an application for service to be operated in the fiscal year ending September 30, 1980, the Corporation shall make its determinations, and convene a panel if appropriate, no later than 30 days after the date such application is submitted. "(C) Any application submitted by a group of States shall be considered in the same manner as an application submitted by a single State, and not on the basis of whether each State that is a party to such application meets the requirements of paragraph (1)(C) of this subsection. "(3)(A) Each panel convened by the Corporation to consider an Members of panel. application shall be composed of— "(i) a State rail planning official from each State that is a party to the application; "(ii) a representative of the Corporation; "(iii) a representative from a railroad labor organization representing operating crafts of employees; and "(iv) a representative from a railroad labor organization representing nonoperating crafts of employees. "(B) The Corporation shall submit to each panel data projecting the solely related costs and associated capital costs of operating the service under consideration. Each panel shall, no later than 90 days Recommendations. after the date it is convened, consider and make recommendations to the Corporation with respect to— "(i) appropriate measures for minimizing such costs, including measures such as— "(I) the assumption by the applicant State or agency of certain responsibilities in connection with the operation of the service under consideration; and "(II) a reduction in the labor costs of operating such service; and "(ii) if more than one State is a party to the application, the appropriate manner for allocating such costs among the applicant States. "(4)(A) After taking into account the recommendations of the panel Agreements. with respect to rail passenger service requested by a State or agency under this subsection, the Corporation shall enter into an agreement with such State or agency for the institution of such service, in accordance with the funding formula set forth in paragraph (1)(C) of this subsection, if the Corporation determines that such service can be provided with resources available to the Corporation.
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