12 2 STA T .496 1 PUBLIC LA W 11 0– 4 3 2 —O CT. 16 , 200 8‘ ‘ (A)establi s hcr iteria fo r selecti ng a m ong p ro j ects that meet the criteria specifie d in paragraph ( 2 )
‘‘( B ) cond u ct a national solicitation for applications; and ‘‘( C )a w ard grants on a competiti v e basis . ‘‘(2) GRANTC R I T E RIA. —T he S ecretar y, in selecting the recipients of high - speed rail development grants to be provided under subsection (c), shall— ‘‘(A) re q uire— ‘‘(i) that the project be part of a State rail plan developed under chapter 22 7 of this title, or under the plan required by section 2 1 1 of the P assenger R ail I nvestment and Improvement Act of 2 0 0 8
‘‘(ii) that the applicant or recipient has or will have the legal, financial, and technical capacity to carry out the project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities; ‘‘(iii) that the project be based on the results of preliminary engineering studies or other planning, including corridor planning activities funded under sec- tion 2 6 101 of this title; ‘‘(iv) that the applicant provides sufficient informa- tion upon which the Secretary can ma k e the findings required by this subsection; ‘‘(v) that if an applicant has selected the proposed operator of its service, that the applicant provide writ- ten justification to the Secretary showing why the pro- posed operator is the best, taking into account costs and other factors; ‘‘(vi) that each proposed project meet all safety and security requirements that are applicable to the project under law; and ‘‘(vii) that each project be compatible with, and operated in conformance with— ‘‘(I) plans developed pursuant to the require- ments of section 1 35 of title 23; and ‘‘(II) the national rail plan (if it is available); ‘‘(B) select high-speed rail projects— ‘‘(i) that are anticipated to result in significant improvements to intercity rail passenger service, including, but not limited to, consideration of the project ’ s— ‘‘(I) levels of estimated ridership, increased on- time performance, reduced trip time, additional service frequency to meet anticipated or e x isting demand, or other significant service enhancements as measured against minimum standards devel- oped under section 207 of the Passenger Rail Investment and Improvement Act of 2008; ‘‘(II) anticipated favorable impact on air or highway traffic congestion, capacity, or safety; and ‘‘(ii) for which there is a high degree of confidence that the proposed project is feasible and will result in the anticipated benefits, as indicated by— ‘‘(I) the project’s precommencement compliance with environmental protection requirements;
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