Page:United States Statutes at Large Volume 119.djvu/1235

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1217

shall be determined in accordance with section 120 of such title. (h) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, projects for which grants are made under this section shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code. SEC. 1307. DEPLOYMENT OF MAGNETIC LEVITATION TRANSPORTATION PROJECTS.

23 USC 322 note.

(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) STATE.—The term ‘‘State’’ has the meaning such term has under section 101(a) of title 23, United States Code. (b) IN GENERAL.— (1) ASSISTANCE FOR ELIGIBLE PROJECTS.—The Secretary shall make available financial assistance to pay the Federal share of full project costs of eligible projects authorized by this section. (2) USE OF ASSISTANCE.—Financial assistance provided under paragraph (1) shall be used only to pay eligible project costs of projects authorized by this section. (3) APPLICABILITY OF OTHER LAWS.—Financial assistance made available under this section, and projects assisted with such assistance, shall be subject to section 5333(a) of title 49, United States Code. (c) 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; (2) result in an operating transportation facility that provides a revenue producing service; and (3) be approved by the Secretary based on an application submitted to the Secretary by a State or authority designated by one or more States. (d) ALLOCATION.—Of the amounts made available to carry out this section for a fiscal year, the Secretary shall allocate 50 percent for the MAGLEV project between Las Vegas and Primm, Nevada,

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