Sec. 1505. Federal lands and Tribal major projects program
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Chapter 2 of title 23, United States Code, is amended by inserting after section 207 the following: The Secretary shall establish a Federal lands and Tribal major projects program (referred to in this section as the program ) to provide funding to construct, reconstruct, or rehabilitate critical Federal lands and Tribal transportation infrastructure. Except as provided in paragraph (2), entities eligible to receive funds under sections 201, 202, 203, and 204 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 on a Federal lands transportation facility, a Federal lands access transportation facility, or a tribal transportation facility, except that such facility is not required to be included in an inventory described in section 202 or 203, and for which— the project— has completed the activities required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.) which 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; or is reasonably expected to begin construction not later than 18 months after the date of obligation of funds for the project; and the project has an estimated cost equal to or exceeding— $12,500,000 if it is on a Federal lands transportation facility or a Federal lands access transportation facility; and $5,000,000 if it is on a Tribal transportation facility.
Grant amounts received for a project under this section may be used for— development phase activities, including planning, feasibility analysis, revenue forecasting, environmental review, preliminary engineering and design work, and other preconstruction activities; and construction, reconstruction, and rehabilitation activities. Eligible applicants shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require.
The Secretary may select a project to receive funds under the program only if the Secretary determines that the project— improves the condition of critical transportation facilities, including multimodal facilities; cannot be easily and efficiently completed with amounts made available under section 202, 203, or 204; and is cost effective. In making a grant under this section, the Secretary shall consider whether the project— will generate state of good repair, resilience, economic competitiveness, quality of life, mobility, or safety benefits; in the case of a project on a Federal lands transportation facility or a Federal lands access transportation facility, has costs matched by funds that are not provided under this section or this title; and generates benefits for land owned by multiple Federal land management agencies or Indian Tribes, or which spans multiple States.
To evaluate applications, the Secretary shall— determine whether a project meets the requirements under subsection (f); evaluate, through a discernable and transparent methodology, how each application addresses one or more merit criteria established under subsection (g); assign a rating for each merit criteria for each application; and consider applications only on the basis of such quality ratings and which meet the minimally acceptable level for each of the merit criteria.
Notwithstanding section 120, the Federal share of the cost of a project on a Federal lands transportation facility or a Federal lands access transportation facility shall be up to 90 percent. Notwithstanding any other provision of law, any Federal funds may be used to pay the non-Federal share of the cost of a project carried out under this section. The Federal share of the cost of a project on a Tribal transportation facility shall be 100 percent. For each fiscal year, of the amounts made available to carry out this section, not more than 50 percent shall be used for eligible projects on Federal lands transportation facilities or Federal lands access transportation facilities and Tribal transportation facilities, respectively. .
The analysis for chapter 2 of title 23, United States Code, is amended by inserting after the item relating to section 207 the following new item: 208. Federal lands and Tribal major projects program. . Section 1123 of the FAST Act ( 23 U.S.C. 201 note), and the item related to such section in the table of contents under section 1(b) of such Act, are repealed.
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