23 U.S.C. § 322 Magnetic Levitation Transportation Technology Deployment Program
Library | United States Statutes |
Edition | 2023 |
Currency | Current through P.L. 118-34 (published on www.congress.gov on 12/26/2023), except for [P. L. 118-31] |
Year | 2023 |
Citation | 23 U.S.C. § 322 |
(a) DEFINITIONS.-In this section, the following definitions apply:
(1) ELIGIBLE PROJECT COSTS.-The term "eligible project costs"-
(A) means the capital cost of the fixed guideway infrastructure of a MAGLEV project, including land, piers, guideways, propulsion equipment and other components attached to guideways, power distribution facilities (including substations), control and communications facilities, access roads, and storage, repair, and maintenance facilities, but not including costs incurred for a new station; and
(B) includes the costs of preconstruction planning activities.
(2) FULL PROJECT COSTS.-The term "full project costs" means the total capital costs of a MAGLEV project, including eligible project costs and the costs of stations, vehicles, and equipment.
(3) MAGLEV.-The term "MAGLEV" means transportation systems employing magnetic levitation that would be capable of safe use by the public at a speed in excess of 240 miles per hour.
(4) PARTNERSHIP POTENTIAL.-The term "partnership potential" has the meaning given the term in the commercial feasibility study of high-speed ground transportation conducted under section 1036 of the Intermodal Surface Transportation Efficiency Act of 1991 (105 Stat. 1978).
(b) FINANCIAL ASSISTANCE.-
(1) IN GENERAL.-The Secretary shall make available financial assistance to pay the Federal share of full project costs of eligible projects selected under this section. Financial assistance made available under this section and projects assisted with the assistance shall be subject to section 5333(a) of title 49, United States Code.
(2) FEDERAL SHARE.-The Federal share of full project costs under paragraph (1) shall be not more than 2/3.
(3) USE OF ASSISTANCE.-Financial assistance provided under paragraph (1) shall be used only to pay eligible project costs of projects selected under this section.
(c) SOLICITATION OF APPLICATIONS FOR ASSISTANCE.-Not later than 180 days after the date of enactment of this subsection, the Secretary shall solicit applications from States, or authorities designated by 1 or more States, for financial assistance authorized by subsection (b) for planning, design, and construction of eligible MAGLEV projects.
(d) PROJECT ELIGIBILITY.-To be eligible to receive financial assistance under subsection (b), a project shall-
(1) involve a segment or segments of a high-speed ground transportation corridor that exhibit partnership potential;
(2) require an amount of Federal funds for project financing that will not exceed the sum of-
(A) the amounts made available under subsection (h)(1); and
(B) the amounts made available by States under subsection (h)(3);
(3) result in an operating transportation facility that provides a revenue producing service;
(4) be undertaken through a public and private partnership, with at least 1/3 of full project costs paid using non-Federal funds;
(5) satisfy applicable statewide and metropolitan planning requirements;
(6) be approved by the Secretary based on an application submitted to the Secretary by a State or authority designated by 1 or more States;
(7) to the extent that non-United States MAGLEV technology is used within the United States, be carried out as a technology transfer project; and
(8) be carried out using materials at least 70 percent of which are manufactured in the United States.
(e) PROJECT SELECTION CRITERIA.-Prior to soliciting applications, the Secretary shall establish criteria for selecting which eligible projects under subsection (d) will receive financial assistance under subsection (b). The criteria shall include the extent to which-
(1) a project is nationally significant, including the extent to which the project will demonstrate the feasibility of deployment of MAGLEV technology throughout the United States;
(2) timely implementation of the project will reduce congestion in other modes of transportation and reduce the need for additional highway or airport construction;
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