The Surface Transportation Board shall impose no labor protection conditions in approving an application under 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 , been a recipient of repayable Federal Railroad Administration assistance in excess of $5,000,000.