105 STAT. 2120 PUBLIC LAW 102-240—DEC. 18, 1991 Grants. Contracts. Federal Register, publication. shall publish in the Federal Register notice of the competition to be conducted under this paragraph, together with procedures for public entities to participate in the competition. "(C) SELECTION OF FINAUSTS. —Not later than 120 days after the date of the enactment of this Act, the Secretary shall select 3 public entities to be finalists in the competition under this paragraph. "(D) AWARD OF GRANTS. —The Secretary shall award grants to each of the finalists selected under subparagraph (C). Such grants shall be used by the finalists to participate in the final phase of the competition under this paragraph in accordance with procedures to be established by the Secretary. The amount of such grants shall not exceed 80 percent of the costs of such participation. No finalists may receive more than 1/3 of the amount made available under paragraph (9)(C). "(E) SELECTION OF WINNER. —Not later than 210 days after the date of the enactment of this Act, the Secretary shall select from among the finalists selected under subparagraph (C) the public entity with which to enter into a full funding grant agreement under paragraph (1). " (F) CONSIDERATIONS.— In conducting the competition and selecting public entities under this paragraph, the Secretary shall consider the following: "(i) The public entity's demonstrated understanding and knowledge of the project under this section. "(ii) The public entity's technical, managerial, and financial capacity to undertake construction, management, and operation of the project. "(iii) Maximization of potential contributions to the cost of the project by State, local, and private sector entities, including the donation of in-kind services and materials. "(5) EXPEDITED PROCEDURES. — Not later than 270 days after the date of selection of a public entity under paragraph (4), the Secretary shall approve and publish in the Federal Register a notice announcing either (A) a finding of no significant impact, or (B) a draft environmental impact statement for the project under this subsection. The alternative analysis for the project shall include a determination as to whether or not to actually construct such project. If a draft environmental impact statement is published, the Secretary shall, not later than 180 days after the date of such publication, approve and publish in the Federal Register a notice of completion of a final environmental impact statement. The project shall not be subject to the major capital investment policy of the Federal Transit Administration. "(6) NOTICE TO PROCEED WITH CONSTRUCTION. — Not later than 30 days following the execution of the full funding grant agreement under paragraph (1), the Secretary shall issue a notice to proceed with construction. "(7) OPTION NOT TO CONSTRUCT. —Not later than the 30th day following the completion of preliminary engineering and design for the project, the public entity selected under paragraph (1) will make a determination on whether or not to proceed to
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