Page:United States Statutes at Large Volume 119.djvu/1593

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1575

‘‘(i) the legal, financial, and technical capacity to carry out the project, including safety and security aspects of the project; ‘‘(ii) satisfactory continuing control over the use of the equipment or facilities; and ‘‘(iii) the capability and willingness to maintain the equipment or facilities. ‘‘(2) CERTIFICATION.—An applicant that has submitted the certifications required under subparagraphs (A), (B), (C), and (H) of section 5307(d)(1) shall be deemed to have provided sufficient information upon which the Secretary may make the determinations required under this subsection. ‘‘(3) GRANTEE REQUIREMENTS.—The Secretary shall require that any grant awarded under this section to a recipient be subject to all terms, conditions, requirements, and provisions that the Secretary determines to be necessary or appropriate for the purposes of this section, including requirements for the disposition of net increases in the value of real property resulting from the project assisted under this section. ‘‘(d) MAJOR CAPITAL INVESTMENT GRANTS OF $75,000,000 OR MORE.— ‘‘(1) FULL FUNDING GRANT AGREEMENT.— ‘‘(A) IN GENERAL.—A major new fixed guideway capital project shall be carried out through a full funding grant agreement. ‘‘(B) CRITERIA.—The Secretary shall enter into a full funding grant agreement, based on the evaluations and ratings required under this subsection, with each grantee receiving assistance for a major new fixed guideway capital project that— ‘‘(i) is authorized for final design and construction; and ‘‘(ii) has been rated as medium, medium-high, or high, in accordance with paragraph (5)(B). ‘‘(2) APPROVAL OF GRANTS.—The Secretary may approve a grant under this section for a major new fixed guideway capital project only if the Secretary, based upon evaluations and considerations set forth in paragraph (3), determines that the project is— ‘‘(A) based on the results of an alternatives analysis and preliminary engineering; ‘‘(B) justified based on a comprehensive review of its mobility improvements, environmental benefits, cost effectiveness, operating efficiencies, economic development effects, and public transportation supportive land use policies and future patterns; and ‘‘(C) supported by an acceptable degree of local financial commitment (including evidence of stable and dependable financing sources) to construct, maintain, and operate the system or extension, and maintain and operate the entire public transportation system without requiring a reduction in existing public transportation services or level of service to operate the proposed project. ‘‘(3) EVALUATION OF PROJECT JUSTIFICATION.—In making the determinations under paragraph (2)(B) for a major capital investment grant, the Secretary shall analyze, evaluate, and consider—

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