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Code · BILL · 113th Congress · H.R. 5449 (Reported in House) — To reauthorize Federal support for passenger rail programs, and for other purposes. · Sec. 304

Sec. 304. Large capital project requirements

337 words·~2 min read·/bill/113/hr/5449/rh/section-304

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Section 24402 of title 49, United States Code, is amended by adding at the end the following subsection: For a grant awarded under this chapter for an amount in excess of $1,000,000,000, the following conditions shall apply: The Secretary of Transportation shall not obligate any funding unless the applicant demonstrates to the satisfaction of the Secretary that it has committed and will be able to fulfill the non-Federal share required for the grant within the applicant’s proposed project completion timetable.
The Secretary shall not obligate any funding for work activities that occur after the completion of final design unless— the applicant transmits to the Secretary a financial plan that generally identifies the sources of the non-Federal funding required for any subsequent segments or phases of the corridor service development program covering the project for which the grant is made; the grant will result in a useable segment, a transportation facility, or equipment, that has operational independence; and the intercity passenger rail benefits anticipated to result from the grant, such as increased speed, improved on-time performance, reduced trip time, increased frequencies, new service, safety improvements, improved accessibility, or other significant enhancements are detailed by the grantee and approved by the Secretary.
The Secretary shall ensure that the project is maintained to the level of utility that is necessary to support the benefits approved under subparagraph (B)(iii) for a period of 20 years from the date the useable segment, transportation facility, or equipment described in subparagraph (B)(ii) is placed in service. If the project property is not maintained as required by this subparagraph for a period of time in excess of 12 months, then a pro-rata share of the Federal contribution, based upon the percentage remaining of the 20-year period that commenced when the project property was placed in service, shall be refunded.
The Secretary may allow a grantee subject to this subsection to engage in at-risk work activities subsequent to the conclusion of final design where the Secretary determines that such work activities are reasonable and necessary. .
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