Sec. 1123. Nationally significant Federal lands and tribal projects program
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/bill/114/hr/22/enr/section-1123·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary shall establish a nationally significant Federal lands and tribal projects program (referred to in this section as the program ) to provide funding to construct, reconstruct, or rehabilitate nationally significant Federal lands and tribal transportation projects. Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, and 204 of title 23, United States Code, may apply for funding under the program. A State, county, or unit of local government may only apply for funding under the program if sponsored by an eligible Federal land management agency or Indian tribe.
An eligible project under the program shall be a single continuous project— on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility (as those terms are defined in section 101 of title 23, United States Code), except that such facility is not required to be included in an inventory described in section 202 or 203 of such title; for which completion of activities required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) has been demonstrated through— a record of decision with respect to the project; a finding that the project has no significant impact; or a determination that the project is categorically excluded; and having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $25,000,000, with priority consideration given to projects with an estimated cost equal to or exceeding $50,000,000.
Subject to paragraph (2), an eligible applicant receiving funds under the program may only use the funds for construction, reconstruction, and rehabilitation activities. An eligible applicant may not use funds received under the program for activities relating to project design. Eligible applicants shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. In selecting a project to receive funds under the program, the Secretary shall consider the extent to which the project— furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety; improves the condition of critical transportation facilities, including multimodal facilities; needs construction, reconstruction, or rehabilitation; has costs matched by funds that are not provided under this section, with projects with a greater percentage of other sources of matching funds ranked ahead of lesser matches; is included in or eligible for inclusion in the National Register of Historic Places; uses new technologies and innovations that enhance the efficiency of the project; is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility; spans 2 or more States; and serves land owned by multiple Federal agencies or Indian tribes.
The Federal share of the cost of a project shall be up to 90 percent. Notwithstanding any other provision of law, any Federal funds other than those made available under title 23 or title 49, United States Code, may be used to pay the non-Federal share of the cost of a project carried out under this section. There is authorized to be appropriated to carry out this section $100,000,000 for each of fiscal years 2016 through 2020. Such sums shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated.
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Sec. 1123
Nationally significant Federal lands and tribal projects program
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