Section 5. The executive office or the department of highways acting pursuant to paragraph (f) of section six of this chapter may enter into contracts or agreements to provide financial assistance, from such funds as may be provided for the purpose, for all or part of the costs of maintaining rail rights-of-way or related facilities or equipment, or operating rail services in the commonwealth.
Any such contracts or agreements shall be subject to the following limitations: (i) in determining whether such assistance is necessary or appropriate under this chapter with respect to an operating agreement with a private transportation company, and in determining the terms and conditions under which such assistance shall be given, the secretary shall review the transportation operations of such company and its affiliates and shall make a finding that such assistance will not permit the applicant company to make more than a reasonable return overall; and (ii) any such assistance shall cover only those services which the secretary determines to be in the public interest.
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