12 2 STA T .49 41 PUBLIC LA W 11 0– 4 3 2 —O CT. 1 6, 200 8‘ ‘ (1)inwh i c h t h er ei s n o intercit ypa ssen g er rai l ser v ice f orthep u rpose of fun d ing freight rail capital pro j ects that areona S tate rail plan developed under chapter 2 2 7 of this title that provide pu b lic benefits (as defined in chapter 227) as deter m ined by the Secretary
or ‘‘(2) in which the rail transportation system is not phys - ically connected to rail systems in the continental U nited States or may not otherwise q ualify for a grant under this section due to the unique characteristics of the geography of that State or other relevant considerations , for the purpose of funding transportation-related capital projects . ‘‘( k )S MAL L C A PIT AL PROJEC T S . —T he Secretary shall make not less than 5 percent annually available from the amounts authori z ed under section 1 0 1(c) of the Passenger R ail I nvestment and Improve- ment A ct of 200 8 beginning in fiscal year 200 9 for grants for capital projects eligible under this section not e x ceeding $ 2,000,000, including costs eligible under section 209(d) of that Act. F or grants awarded under this subsection, the Secretary may waive require- ments of this section, including state rail plan requirements, as appropriate. ‘‘(l) N O N MOTORI Z E D TRANSPORTATION ACCESS AND STORA G E.— G rants under this chapter may be used to provide access to rolling stock for nonmotorized transportation, including bicycles, and rec- reational equipment, and to provide storage capacity in trains for such transportation, equipment, and other luggage, to ensure pas- senger safety. ‘ ‘ §24 4 03.Projectman a g ement o v er si g h t ‘‘(a) PROJECT M ANAGEMENT PLAN RE QU IREMENTS.—To receive Federal financial assistance for a major capital project under this chapter, an applicant must prepare and carry out a project manage- ment plan approved by the Secretary of Transportation. The plan shall provide for— ‘‘(1) adequate recipient staff organization with well-defined reporting relationships, statements of functional responsibil- ities, job descriptions, and job qualifications; ‘‘(2) a budget covering the project management organiza- tion, appropriate consultants, property acquisition, utility relocation, systems demonstration staff, audits, and miscella- neous payments the recipient may be prepared to justify; ‘‘( 3 ) a construction schedule for the project; ‘‘( 4 ) a document control procedure and recordkeeping system; ‘‘(5) a change order procedure that includes a documented, systematic approach to handling the construction change orders; ‘‘( 6 ) organizational structures, management skills, and staffing levels required throughout the construction phase; ‘‘(7) quality control and quality assurance functions, proce- dures, and responsibilities for construction, system installation, and integration of system components; ‘‘(8) material testing policies and procedures; ‘‘(9) internal plan implementation and reporting require- ments; ‘‘(10) criteria and procedures to be used for testing the operational system or its major components; Waiver a utho rit y.
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