J. MILLARD TAWES, Governor                       1409

to require the Authority to establish and maintain any through route
and joint fare.

(c)    WMATC shall not authorize or require a private carrier
to render any service, including the establishment or continuation
of a joint fare for a through route service with the Authority which
is based on a division thereof between the Authority and private
carrier which does not provide a reasonable return to the private
carrier, unless the carrier is currently earning a reasonable return
on its operation as a whole in performing transportation subject to
the jurisdiction of WMATC. In determining the issue of reasonable
return, WMATC shall take into account any income attributable to
the carrier, or to any corporation, firm or association owned in whole
or in part by the carrier, from the Authority whether by way of
payment for services or otherwise.

(d)    If the WMATC is unable, through the exercise of its regu-
latory powers over the private carriers granted in paragraph (b)
hereof or otherwise, to bring about the requisite coordination of
operations and service between the private carriers and the Authority,
the Authority may in the situations specified in paragraph (b) hereof,
cause such transit service to be rendered by its Contractor by bus or
other motor vehicle, as it shall deem necessary to effectuate the policy
set forth in Section 317-55 hereof. In any such situation, the Au-
thority, in order to encourage private carriers to render bus service
to the fullest extent practicable, may, pursuant to agreement, make
reasonable subsidy payments to any private carrier.

317-57. Rights of Private Carriers Unaffected—

Nothing in this Title shall restrict or limit such rights and
remedies, if any, that any private carrier may have against the
Authority arising out of acts done or actions taken by the Authority
hereunder. In the event any court of competent jurisdiction shall
determine that the Authority has unlawfully infringed any rights
of any private carrier or otherwise caused or permitted any private
carrier to suffer legally cognizable injury, damages or harm and
shall award a judgment thereof THEREFOR, such judgment shall
constitute a lien against any and all of the assets and properties of
the Authority.

317-58. Financial Assistance to Private Carriers—

(a)    The Board may accept grants from and enter into loan agree-
ments with the Housing and Home Finance Administrator, pursuant
to the provisions of the Urban Mass Transportation Act of 1964. (78
Stat. 302), or with any successor agency or under any law of similar
purport, for the purpose of rendering financial assistance to private
carriers.

(b)    An application by the Board for any such grant or loan
shall be based on and supported by a report from WMATC setting
forth for each private carrier to be assisted (1) the equipment and
facilities to be acquired, constructed, reconstructed, or improved, (2)
the service proposed to be rendered by such equipment and facilities,
(3) the improvement in service expected from such facilities and
equipment, (4) how the use of such facilities and equipment will be
coordinated with the transit facilities owned by the Authority, (5)
the ability of the affected private carrier to repay any such loans or
grants and (6) recommended terms for any such loans or grants.