Sec. 11309. LARGE CAPITAL PROJECT REQUIREMENTS

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## SEC. 11309 LARGE CAPITAL PROJECT REQUIREMENTS Section 24402 of title 49, United States Code, is amended by inserting after subsection

(i)the following: > > ### “(j) Large Capital Project Requirements > > > #### “(1) In general > > For a grant awarded under this chapter for an amount in excess of $1,000,000,000, the following conditions shall apply: > > > ##### “(A) > > The Secretary may not obligate any funding unless the applicant demonstrates, to the satisfaction of the Secretary, that the applicant has committed, and will be able to fulfill, the non-Federal share required for the grant within the applicant’s proposed project completion timetable. > > > ##### “(B) > > The Secretary may not obligate any funding for work activities that occur after the completion of final design unless— > > > ###### “(i) > > the applicant submits a financial plan to the Secretary 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 awarded; > > > ###### “(ii) > > the grant will result in a useable segment, a transportation facility, or equipment, that has operational independence; and > > > ###### “(iii) > > 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. > > > ##### “(C) > > > ######

(i)> > 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 on which the useable segment, transportation facility, or equipment described in subparagraph (B)(ii) is placed in service. > > > ###### “(ii) > > If the project property is not maintained as required under clause

(i)for a 12-month period, the grant recipient shall refund 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. > > > #### “(2) Early work > > The Secretary may allow a grantee subject to this subsection to engage in at-risk work activities subsequent to the conclusion of final design if the Secretary determines that such work activities are reasonable and necessary.” > .