Sec. 1123. NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS PROGRAM
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## SEC. 1123 NATIONALLY SIGNIFICANT FEDERAL LANDS AND TRIBAL PROJECTS PROGRAM **[**[23 U.S.C. 201 note](/us/usc/t23/s201)**]** ###
(a)Purpose 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. ###
(b)Eligible Applicants ####
(1)In general 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. ####
(2)Special rule 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. ###
(c)Eligible Projects An eligible project under the program shall be a single continuous project— ####
(1)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; ####
(2)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)a record of decision with respect to the project; #####
(B)a finding that the project has no significant impact; or #####
(C)a determination that the project is categorically excluded; and ####
(3)having an estimated cost, based on the results of preliminary engineering, equal to or exceeding $12,500,000. ###
(d)Eligible Activities ####
(1)In general Subject to paragraph (2), an eligible applicant receiving funds under the program may only use the funds for construction, reconstruction, and rehabilitation activities. ####
(2)Ineligible activities An eligible applicant may not use funds received under the program for activities relating to project design. ###
(e)Applications Eligible applicants shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require. ###
(f)Selection criteria In selecting a project to receive funds under the program, the Secretary shall consider the extent to which the project— ####
(1)furthers the goals of the Department, including state of good repair, economic competitiveness, quality of life, and safety; ####
(2)improves the condition of critical transportation facilities, including multimodal facilities; ####
(3)needs construction, reconstruction, or rehabilitation; ####
(4)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; ####
(5)is included in or eligible for inclusion in the National Register of Historic Places; ####
(6)uses new technologies and innovations that enhance the efficiency of the project; ####
(7)is supported by funds, other than the funds received under the program, to construct, maintain, and operate the facility; ####
(8)spans 2 or more States; and ####
(9)serves land owned by multiple Federal agencies or Indian tribes. ###
(g)Cost Share ####
(1)Federal share #####
(A)In general Except as provided in subparagraph (B), the Federal share of the cost of a project shall be up to 90 percent. #####
(B)Tribal projects In the case of a project on a tribal transportation facility (as defined in section 101(a) of title 23, United States Code), the Federal share of the cost of the project shall be 100 percent. ####
(2)Non-federal share 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. ###
(h)Use of Funds ####
(1)In general For each fiscal year, of the amounts made available to carry out this section— #####
(A)50 percent shall be used for eligible projects on Federal lands transportation facilities and Federal lands access transportation facilities (as those terms are defined in section 101(a) of title 23, United States Code); and #####
(B)50 percent shall be used for eligible projects on tribal transportation facilities (as defined in section 101(a) of title 23, United States Code). ####
(2)Requirement Not less than 1 eligible project carried out using the amount described in paragraph (1)(A) shall be in a unit of the National Park System with not less than 3,000,000 annual visitors. ####
(3)Availability Amounts made available to carry out this section shall remain available for a period of 3 fiscal years following the fiscal year for which the amounts are appropriated. ## Subtitle B Planning and Performance Management
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