Page:United States Statutes at Large Volume 119.djvu/1638

 119 STAT. 1620

PUBLIC LAW 109–59—AUG. 10, 2005

and the transcript of any hearing held before a State or local governmental authority under section 5323(b), that— ‘‘(i) an adequate opportunity to present views was given to all parties having a significant economic, social, or environmental interest; ‘‘(ii) the preservation and enhancement of the environment and the interest of the community in which the project is located were considered; and ‘‘(iii) no adverse environmental effect is likely to result from the project, or no feasible and prudent alternative to the effect exists and all reasonable steps have been taken to minimize the effect. ‘‘(B) HEARING.—If a hearing has not been conducted or the Secretary decides that the record of the hearing is inadequate for making the findings required by this subsection, the Secretary shall conduct a hearing on an environmental issue raised by the application after giving adequate notice to interested persons. ‘‘(C) AVAILABILITY OF FINDINGS.—The Secretary’s findings under subparagraph (A) shall be made a matter of public record. ‘‘(c) RAILROAD CORRIDOR PRESERVATION.— ‘‘(1) IN GENERAL.—The Secretary may assist an applicant to acquire railroad right-of-way before the completion of the environmental reviews for any project that may use the rightof-way if the acquisition is otherwise permitted under Federal law. The Secretary may establish restrictions on such an acquisition as the Secretary determines to be necessary and appropriate. ‘‘(2) ENVIRONMENTAL REVIEWS.—Railroad right-of-way acquired under this subsection may not be developed in anticipation of the project until all required environmental reviews for the project have been completed.’’. (b) CHAPTER ANALYSIS.—The analysis for chapter 53 is amended by striking the item relating to section 5324 and inserting the following: ‘‘5324. Special provisions for capital projects.’’. SEC. 3025. CONTRACT REQUIREMENTS.

(a) IN GENERAL.—Section 5325 is amended to read as follows: ‘‘§ 5325. Contract requirements ‘‘(a) COMPETITION.—Recipients of assistance under this chapter shall conduct all procurement transactions in a manner that provides full and open competition as determined by the Secretary. ‘‘(b) ARCHITECTURAL, ENGINEERING, AND DESIGN CONTRACTS.— ‘‘(1) PROCEDURES FOR AWARDING CONTRACT.—A contract or requirement for program management, architectural engineering, construction management, a feasibility study, and preliminary engineering, design, architectural, engineering, surveying, mapping, or related services for a project for which Federal assistance is provided under this chapter shall be awarded in the same way as a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement of a State. ‘‘(2) EFFECT OF STATE LAWS.—Paragraph (1) does not apply to the extent a State has adopted by law, before the date

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