12 2 STA T .493 9 PUBLIC LA W 11 0– 432 —O CT. 1 6, 200 8‘ ‘ (i)donate d pr opert y intere s ts or ser v i c es
‘‘(ii) f inancia l contri bu tions by frei gh tandco m- muter rail carriers commensurate w ith the benefit e x pected to their operations; and ‘‘(iii) financial commitments from host railroads , non- F ederal governmental entities, nongovernmental entities, and others . ‘‘(d) STA T ER A ILP LA NS . — State rail plans completed before the date of enactment of the Passenger Rail I nvestment and Improve- ment A ct of 20 0 8 that substantially meet the re q uirements of chapter 22 7 of this title, as determined by the Secretary pursuant to section 22 5 0 6 of this title, shall be deemed by the Secretary to have met the requirements of subsection (c)( 1 )(A) of this section. ‘‘(e) A M T R A KE LI G I B ILIT Y .— T o receive a grant under this section, Amtra k may enter into a cooperative agreement with 1 or more States to carry out 1 or more pro j ects on a State rail plan ’ s ranked list of rail capital projects developed under section 2250 4 (a)(5) of this title. For such a grant, Amtrak may not use Federal funds authori z ed under section 101(a) or (c) of the Passenger Rail Invest- ment and Improvement Act of 2008 to fulfill the non-Federal share requirements under subsection (g) of this section. ‘‘(f) L ETTERS OF INTENT AN D EARLY SYSTEMS W ORK AGREE- MENTS.— ‘‘(1) The Secretary may issue a letter of intent to an applicant announcing an intention to obligate, for a major cap- ital project under this section, an amount from future available budget authority specified in law that is not more than the amount stipulated as the financial participation of the Secretary in the project. ‘‘(2) At least 3 0 days before issuing a letter under paragraph (1) of this subsection, the Secretary shall notify in writing the C ommittee on Transportation and Infrastructure of the H ouse of Representatives, the Committee on Commerce, Science, and Transportation of the Senate, and the House and Senate Committees on Appropriations of the proposed letter or agreement. The Secretary shall include with the notification a copy of the proposed letter or agreement, the criteria used in subsection (c) for selecting the project for a grant award, and a description of how the project meets such criteria. ‘‘(3) An obligation or administrative commitment may be made only when amounts are appropriated. The letter of intent shall state that the contingent commitment is not an obligation of the Federal G overnment, and is subject to the availability of appropriations under Federal law and to Federal laws in force or enacted after the date of the contingent commitment. ‘‘(g) FEDERAL S H ARE OF N ET PRO J E C T COST.— ‘‘(1)(A) B ased on engineering studies, studies of economic feasibility, and information on the expected use of equipment or facilities, the Secretary shall estimate the net project cost. ‘‘(B) A grant for the project shall not exceed 80 percent of the project net capital cost. ‘‘(C) The Secretary shall give priority in allocating future obligations and contingent commitments to incur obligations to grant requests seeking a lower Federal share of the project net capital cost. ‘‘(2) U p to an additional 20 percent of the required non- Federal funds may be funded from amounts appropriated to Deadlin e .Not i f i c ation.
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