The Surface Transportation Board shall impose no labor protection conditions in approving an application under section 10902 of title 49 when the application involves a Class II rail carrier which— (1) is headquartered in a State , and operates in at least one State , with a population of less than 1,000,000 persons, as determined by the 1990 census; and (2) has, as of January 1, 1996 , been a recipient of repayable Federal Railroad Administration assistance in excess of $5,000,000. ( Pub. L. 93–236, title VII, § 713 , as added Pub. L. 104–88, title III, § 327(5)(A) , formerly § 327(5), Dec. 29, 1995 , 109 Stat. 952 , renumbered Pub. L. 104–287, § 6(f)(4)(B) , Oct. 11, 1996 , 110 Stat. 3399 .) Editorial Notes Prior Provisions A prior section 797l, Pub. L. 93–236, title VII, § 713 , as added Pub. L. 97–35, title XI, § 1143(a) , Aug. 13, 1981 , 95 Stat. 668 , authorized appropriations to carry out activities for protection of employees of Consolidated Rail Corporation, prior to repeal by Pub. L. 99–509, title IV, § 4033(a)(2) , Oct. 21, 1986 , 100 Stat. 1908 . Statutory Notes and Related Subsidiaries Effective Date Section effective Jan. 1, 1996 , see section 2 of Pub. L. 104–88 , set out as a note under section 1301 of Title 49 , Transportation.