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U.S. Code as of:
01/19/04
Section 322. Magnetic levitation transportation technology deployment program
(a) Definitions. - In this section, the following definitions
apply:
(1) Eligible project costs. - The term "eligible project costs"
-
(A) means the capital cost of the fixed guideway
infrastructure of a MAGLEV project, including land, piers,
guideways, propulsion equipment and other components attached
to guideways, power distribution facilities (including
substations), control and communications facilities, access
roads, and storage, repair, and maintenance facilities, but not
including costs incurred for a new station; and
(B) includes the costs of preconstruction planning
activities.
(2) Full project costs. - The term "full project costs" means
the total capital costs of a MAGLEV project, including eligible
project costs and the costs of stations, vehicles, and equipment.
(3) MAGLEV. - The term "MAGLEV" means transportation systems
employing magnetic levitation that would be capable of safe use
by the public at a speed in excess of 240 miles per hour.
(4) Partnership potential. - The term "partnership potential"
has the meaning given the term in the commercial feasibility
study of high-speed ground transportation conducted under section
1036 of the Intermodal Surface Transportation Efficiency Act of
1991 (105 Stat. 1978).
(b) Financial Assistance. -
(1) In general. - The Secretary shall make available financial
assistance to pay the Federal share of full project costs of
eligible projects selected under this section. Financial
assistance made available under this section and projects
assisted with the assistance shall be subject to section 5333(a)
of title 49, United States Code.
(2) Federal share. - The Federal share of full project costs
under paragraph (1) shall be not more than 2/3 .
(3) Use of assistance. - Financial assistance provided under
paragraph (1) shall be used only to pay eligible project costs of
projects selected under this section.
(c) Solicitation of Applications for Assistance. - Not later than
180 days after the date of enactment of this subsection, the
Secretary shall solicit applications from States, or authorities
designated by 1 or more States, for financial assistance authorized
by subsection (b) for planning, design, and construction of
eligible MAGLEV projects.
(d) Project Eligibility. - To be eligible to receive financial
assistance under subsection (b), a project shall -
(1) involve a segment or segments of a high-speed ground
transportation corridor that exhibit partnership potential;
(2) require an amount of Federal funds for project financing
that will not exceed the sum of -
(A) the amounts made available under subsection (h)(1); and
(B) the amounts made available by States under subsection
(h)(3);
(3) result in an operating transportation facility that
provides a revenue producing service;
(4) be undertaken through a public and private partnership,
with at least 1/3 of full project costs paid using non-Federal
funds;
(5) satisfy applicable statewide and metropolitan planning
requirements;
(6) be approved by the Secretary based on an application
submitted to the Secretary by a State or authority designated by
1 or more States;
(7) to the extent that non-United States MAGLEV technology is
used within the United States, be carried out as a technology
transfer project; and
(8) be carried out using materials at least 70 percent of which
are manufactured in the United States.
(e) Project Selection Criteria. - Prior to soliciting
applications, the Secretary shall establish criteria for selecting
which eligible projects under subsection (d) will receive financial
assistance under subsection (b). The criteria shall include the
extent to which -
(1) a project is nationally significant, including the extent
to which the project will demonstrate the feasibility of
deployment of MAGLEV technology throughout the United States;
(2) timely implementation of the project will reduce congestion
in other modes of transportation and reduce the need for
additional highway or airport construction;
(3) States, regions, and localities financially contribute to
the project;
(4) implementation of the project will create new jobs in
traditional and emerging industries;
(5) the project will augment MAGLEV networks identified as
having partnership potential;
(6) financial assistance would foster public and private
partnerships for infrastructure development and attract private
debt or equity investment;
(7) financial assistance would foster the timely implementation
of a project; and
(8) life-cycle costs in design and engineering are considered
and enhanced.
(f) Project Selection. -
(1) Preconstruction planning activities. - Not later than 90
days after a deadline established by the Secretary for the
receipt of applications, the Secretary shall evaluate the
eligible projects in accordance with the selection criteria and
select 1 or more eligible projects to receive financial
assistance for preconstruction planning activities, including -
(A) preparation of such feasibility studies, major investment
studies, and environmental impact statements and assessments as
are required under State law;
(B) pricing of the final design, engineering, and
construction activities proposed to be assisted under paragraph
(2); and
(C) such other activities as are necessary to provide the
Secretary with sufficient information to evaluate whether a
project should receive financial assistance for final design,
engineering, and construction activities under paragraph (2).
(2) Final design, engineering, and construction activities. -
After completion of preconstruction planning activities for all
projects assisted under paragraph (1), the Secretary shall select
1 of the projects to receive financial assistance for final
design, engineering, and construction activities.
(g) Joint Ventures. - A project undertaken by a joint venture of
United States and non-United States persons (including a project
involving the deployment of non-United States MAGLEV technology in
the United States) shall be eligible for financial assistance under
this section if the project is eligible under subsection (d) and
selected under subsection (f).
(h) Funding. -
(1) In general. -
(A) Contract authority; authorization of appropriations. -
(i) In general. - There is authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section $15,000,000 for fiscal
year 1999, $20,000,000 for fiscal year 2000, and $25,000,000
for fiscal year 2001.
(ii) Contract authority. - Funds authorized by this
subparagraph shall be available for obligation in the same
manner as if the funds were apportioned under chapter 1,
except that -
(I) the Federal share of the cost of a project carried
out under this section shall be determined in accordance
with subsection (b); and
(II) the availability of the funds shall be determined in
accordance with paragraph (2).
(B) Noncontract authority authorization of appropriations. -
(i) In general. - There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this section (other than subsection
(i)) $200,000,000 for each of fiscal years 2000 and 2001,
$250,000,000 for fiscal year 2002, and $300,000,000 for
fiscal year 2003.
(ii) Availability. - Notwithstanding section 118(a), funds
made available under clause (i) shall not be available in
advance of an annual appropriation.
(2) Availability of funds. - Funds made available under
paragraph (1) shall remain available until expended.
(3) Other federal funds. - Notwithstanding any other provision
of law, funds made available to a State to carry out the surface
transportation program under section 133 and the congestion
mitigation and air quality improvement program under section 149
may be used by the State to pay a portion of the full project
costs of an eligible project selected under this section, without
requirement for non-Federal funds.
(4) Other assistance. - Notwithstanding any other provision of
law, an eligible project selected under this section shall be
eligible for other forms of financial assistance provided under
this title and the Transportation Equity Act for the 21st
Century, including loans, loan guarantees, and lines of credit.
(i) Low-Speed Project. -
(1) In general. - Notwithstanding any other provision of this
section, of the funds made available by subsection (h)(1)(A) to
carry out this section, $5,000,000 shall be made available to the
Secretary to make grants for the research and development of
low-speed superconductivity magnetic levitation technology for
public transportation purposes in urban areas to demonstrate
energy efficiency, congestion mitigation, and safety benefits.
(2) Noncontract authority authorization of appropriations. -
(A) In general. - There are authorized to be appropriated
from the Highway Trust Fund (other than the Mass Transit
Account) to carry out this subsection such sums as are
necessary for each of fiscal years 2000 through 2003.
(B) Availability. - Notwithstanding section 118(a), funds
made available under subparagraph (A) -
(i) shall not be available in advance of an annual
appropriation; and
(ii) shall remain available until expended.
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