Page:United States Statutes at Large Volume 105 Part 3.djvu/225

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PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 2109 "(2) DETERMINATIONS. — The Secretary may authorize a transfer under paragraph (1) for any public purpose other than transit only if the Secretary first determines— "(A) that the asset being transferred will remain in public use for not less than 5 years after the date of the transfer; "(B) that there are no purposes eligible for assistance under this Act for which the asset should be used; "(C) the overall benefit of allowing the transfer outweighs the Federal Government interest in liquidation and return of the Federal financial interest in the asset, after consideration of fair market value and other factors; and "(D) that, in any case in which the asset is a facility or land, there is no interest in acquiring the asset for Federal use. The determination under subparagraph (D) shall be made through an appropriate screening or survey process. "(3) DOCUMENTATION. —Determinations required by paragraph (2) shall be made, in writing, and shall include the rationale for such determinations. "(4) RELATION TO OTHER PROVISIONS. — The provisions of this section shall be in addition to and not in lieu of any other provision of law governing use and disposition of facilities and equipment under an assistance agreement.". SEC. 3019. SPECIAL PROCUREMENT. Section 12 is further amended by adding at the end the following: " (1) SPECIAL PROCUREMENT INITIATIVES. — " (1) TURNKEY SYSTEM PROCUREMENTS. — "(A) IN GENERAL.— In order to advance new technologies and lower the cost of constructing new transit systems, the Secretary shall allow the solicitation for a turnkey system project to be funded under this Act to be conditionally awarded before Federal requirements have been met on the project so long as the award is made without prejudice to the implementation of those Federal requirements. Federal financial assistance under this Act may be made available for such a project when the recipient has complied with relevant Federal requirements. "(B) INITIAL DEMONSTRATION PHASE.—In order to develop Regulations, regulations applying generally to turnkey system projects, the Secretary is authorized to approve not less than 2 projects for an initial demonstration phase. The results of such demonstration projects (and any other projects currently using this procurement method) shall be taken into consideration in the development of the regulations implementing this subsection. "(C) TURNKEY SYSTEM PROJECT DEFINED. —As used in this subsection, the term 'turnkey system project' means a project under which a recipient contracts with a consortium of firms, individual firms, or a vendor to build a transit system that meets specific performance criteria and which is operated by the vendor for a period of time. "(2) MULTIYEAR ROLUNG STOCK PROCUREMENTS.— "(A) IN GENERAL. —A recipient procuring rolling stock with Federal financial assistance under this Act may enter into a multiyear agreement for the purchase of such rolling