PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1199
(2) ELIGIBLE PROJECT.—The term ‘‘eligible project’’ means any surface transportation project eligible for Federal assistance under title 23, United States Code, including freight railroad projects and activities eligible under such title. (3) STATE.—The term ‘‘State’’ has the meaning such term has in section 101(a) of title 23, United States Code. (d) ELIGIBILITY.—To be eligible for assistance under this section, a project shall have eligible project costs that are reasonably anticipated to equal or exceed the lesser of— (1) $500,000,000; or (2) 75 percent of the amount of Federal highway assistance funds apportioned for the most recently completed fiscal year to the State in which the project is located. (e) APPLICATIONS.—Each State seeking to receive a grant under this section for an eligible project shall submit to the Secretary an application in such form and in accordance with such requirements as the Secretary shall establish. (f) COMPETITIVE GRANT SELECTION AND CRITERIA FOR GRANTS.— (1) IN GENERAL.—The Secretary shall— (A) establish criteria for selecting among projects that meet the eligibility criteria specified in subsection (d); (B) conduct a national solicitation for applications; and (C) award grants on a competitive basis. (2) CRITERIA FOR GRANTS.—The Secretary may approve a grant under this section for a project only if the Secretary determines that the project— (A) is based on the results of preliminary engineering; (B) is justified based on the ability of the project— (i) to generate national economic benefits, including creating jobs, expanding business opportunities, and impacting the gross domestic product; (ii) to reduce congestion, including impacts in the State, region, and Nation; (iii) to improve transportation safety, including reducing transportation accidents, injuries, and fatalities; (iv) to otherwise enhance the national transportation system; and (v) to garner support for non-Federal financial commitments and provide evidence of stable and dependable financing sources to construct, maintain, and operate the infrastructure facility; and (C) is supported by an acceptable degree of non-Federal financial commitments, including evidence of stable and dependable financing sources to construct, maintain, and operate the infrastructure facility. (3) SELECTION CONSIDERATIONS.—In selecting a project under this section, the Secretary shall consider the extent to which the project— (A) leverages Federal investment by encouraging nonFederal contributions to the project, including contributions from public-private partnerships; (B) uses new technologies, including intelligent transportation systems, that enhance the efficiency of the project; and (C) helps maintain or protect the environment.
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