119 STAT. 1612
PUBLIC LAW 109–59—AUG. 10, 2005 ‘‘(D) the clear and direct benefit to the qualified participant; and ‘‘(E) any other matters that the Secretary considers appropriate to carry out this section. ‘‘(3) SPECIAL RULE.—Notwithstanding any other provision of law, funds appropriated to any Federal land management agency may be counted toward the remainder of the net project cost. ‘‘(g) SELECTION OF QUALIFIED PROJECTS.— ‘‘(1) IN GENERAL.—The Secretary of the Interior, after consultation with and in cooperation with the Secretary, shall determine the final selection and funding of an annual program of qualified projects in accordance with this section. ‘‘(2) CONSIDERATIONS.—In determining whether to include a project in the annual program of qualified projects, the Secretary of the Interior shall consider— ‘‘(A) the justification for the qualified project, including the extent to which the qualified project would conserve resources, prevent or mitigate adverse impact, and enhance the environment; ‘‘(B) the location of the qualified project, to ensure that the selected qualified projects— ‘‘(i) are geographically diverse nationwide; and ‘‘(ii) include qualified projects in eligible areas located in both urban areas and rural areas; ‘‘(C) the size of the qualified project, to ensure that there is a balanced distribution; ‘‘(D) the historical and cultural significance of a qualified project; ‘‘(E) safety; ‘‘(F) the extent to which the qualified project would— ‘‘(i) enhance livable communities; ‘‘(ii) reduce pollution (including noise pollution, air pollution, and visual pollution); ‘‘(iii) reduce congestion; and ‘‘(iv) improve the mobility of people in the most efficient manner; and ‘‘(G) any other matters that the Secretary of the Interior considers appropriate to carry out this section, including— ‘‘(i) visitation levels; ‘‘(ii) the use of innovative financing or joint development strategies; and ‘‘(iii) coordination with gateway communities. ‘‘(h) QUALIFIED PROJECTS CARRIED OUT IN ADVANCE.— ‘‘(1) IN GENERAL.—When a qualified participant carries out any part of a qualified project without assistance under this section in accordance with all applicable procedures and requirements, the Secretary, in consultation with the Secretary of the Interior, may pay the share of the net capital project cost of a qualified project if— ‘‘(A) the qualified participant applies for the payment; ‘‘(B) the Secretary approves the payment; and ‘‘(C) before carrying out that part of the qualified project, the Secretary approves the plans and specifications in the same manner as plans and specifications are approved for other projects assisted under this section.
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