Section 21. Conrail, CSX and Canadian Pacific/Delaware and Hudson restrictions.
The Conrail, CSX and Canadian Pacific/Delaware and Hudson projects shall be subject to the following restrictions:
(1) As a condition of the Commonwealth's participation in the capital project authorized under section 5(a)(1)(i)(A) and (ix)(A), the Commonwealth's expenditure shall not exceed 30% of the total cost of the project, and the remaining cost of the project shall be the responsibility of Conrail, its assigns or successors.
(2) As a condition of the Commonwealth's participation in the capital project authorized under section 5(a)(1)(ii)(A), the Commonwealth's expenditure shall not exceed 30% of the total cost of the project, and the remaining cost of the project shall be the responsibility of Canadian Pacific/Delaware and Hudson, their assigns and successors.
(3) As a condition of the Commonwealth's participation in the capital project authorized under section 5(a)(1)(iii)(A), the Commonwealth's expenditure shall not exceed 30% of the total cost of the project, and the remaining cost of the project shall be divided equally between Conrail, its assigns or successors and Canadian Pacific/Delaware and Hudson, their assigns and successors.
(4) As a condition of the Commonwealth's participation in the capital projects authorized under section 5(a)(1)(xi)(A) and (xii)(A), the Commonwealth's expenditure shall not exceed 30% of the total cost of the project, and the remaining cost of the project shall be the responsibility of CSX, its assigns and successors.
(5) The base project allocation of $1,080,000 authorized in section 5(a)(1)(x)(A) is the estimated total cost of the horizontal clearance improvements between Wilkes-Barre and the Greenwich Yard. The actual amount of the Commonwealth's expenditure for these horizontal clearance improvements will be negotiated between the Commonwealth and the various entities which wish to see these improvements made and are willing to participate financially in the project. Conrail and Canadian Pacific/Delaware and Hudson and their successors and assigns will not participate financially in the costs of the horizontal clearance improvements.
(6) As a precondition of the Commonwealth's participation in the capital projects authorized under section 5(a)(1)(vi)(A) and (vii)(A), the Secretary of Transportation must certify that all railroads serving the ports of Philadelphia have negotiated reasonable rates and terms with each other for a period of not less than seven years to insure competitive access for these railroads to transport any port cargo, including cargo being transported through the Tioga Marine Terminal.