12 2 STA T .4936PUBLIC LA W 11 0– 432 —O CT. 16 , 200 8‘ ‘ (1)AP P LICANT.—Thet e rm ‘ ap p lic a n t ’ mean s a S tate (incl ud in g the D istrict ofC olum b ia) , a group of States, an I nterstate Compact, or a public agenc y established by one or more States and ha v ing responsibility for providing intercity passenger rail service. ‘‘( 2 ) CAPITAL P ROJE CT.—The term ‘capital pro j ect’ means a project or program in a State rail plan developed under chapter 22 7 of this title for— ‘‘(A) ac q uiring, constructing, improving, or inspecting equipment, trac k and track structures, or a facility for use in or for the primary benefit of intercity passenger rail service, e x penses incidental to the acquisition or construction (including designing, engineering, location sur - veying, mapping, environmental studies, and acquiring rights-of- w ay), payments for the capital portions of rail trackage rights agreements, highway-rail grade crossing improvements related to intercity passenger rail service, mitigating environmental impacts, communication and sig- nali z ation improvements, relocation assistance, acquiring replacement housing sites, and acquiring, constructing, relocating, and rehabilitating replacement housing
‘‘( B ) rehabilitating, remanufacturing or overhauling rail rolling stock and facilities used primarily in intercity passenger rail service; ‘‘(C) costs associated with developing State rail plans; and ‘‘(D) the first-dollar liability costs for insurance related to the provision of intercity passenger rail service under section 2 4 4 0 4. ‘‘( 3 ) INTERCIT Y PA S SEN G ER RAIL SER V ICE.—The term ‘inter- city passenger rail service’ means intercity rail passenger transportation, as defined in section 24102 of this title. ‘ ‘ §24 4 0 2 .Capit a l i nves t m ent gr ants t o s u pport inter c it y pas - senger rail service ‘‘(a) G ENERAL A U T H ORITY.— ‘‘(1) The Secretary of Transportation may make grants under this section to an applicant to assist in financing the capital costs of facilities, infrastructure, and equipment nec- essary to provide or improve intercity passenger rail transpor- tation. ‘‘(2) Consistent with the requirements of this chapter, the Secretary shall require that a grant under this section be subject to the terms, conditions, requirements, and provisions the Secretary decides are necessary or appropriate for the pur- poses of this section, including requirements for the disposition of net increases in value of real property resulting from the project assisted under this section and shall prescribe proce- dures and schedules for the awarding of grants under this title, including application and qualification procedures and a record of decision on applicant eligibility. The Secretary shall issue a final rule establishing such procedures not later than 2 years after the date of enactment of the P assenger R ail Investment and Improvement Act of 200 8 . F or the period prior to the earlier of the issuance of such a rule or 2 years after the date of enactment of such Act, the Secretary shall issue interim guidance to applicants covering such procedures, and Guidance.R e g u l a t i o n s . D eadline. Pr ocedures.
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