Page:United States Statutes at Large Volume 119.djvu/1938

 119 STAT. 1920

Reports.

VerDate 14-DEC-2004

13:51 Oct 26, 2006

PUBLIC LAW 109–59—AUG. 10, 2005

by the Secretary to reflect inflation for fiscal years beginning after fiscal year 2006. ‘‘(e) NON-FEDERAL SHARE.— ‘‘(1) PERCENTAGE.—A State or other non-Federal entity shall pay at least 10 percent of the shared costs of a project that is funded in part by a grant awarded under this section. ‘‘(2) FORMS OF CONTRIBUTIONS.—The share required by paragraph (1) may be paid in cash or in kind. ‘‘(3) IN-KIND CONTRIBUTIONS.—The in-kind contributions that are permitted to be counted under paragraph (2) for a project for a State or other non-Federal entity are as follows: ‘‘(A) A contribution of real property or tangible personal property (whether provided by the State or a person for the State). ‘‘(B) A contribution of the services of employees of the State or other non-Federal entity, calculated on the basis of costs incurred by the State or other non-Federal entity for the pay and benefits of the employees, but excluding overhead and general administrative costs. ‘‘(C) A payment of any costs that were incurred for the project before the filing of an application for a grant for the project under this section, and any in-kind contributions that were made for the project before the filing of the application, if and to the extent that the costs were incurred or in-kind contributions were made, as the case may be, to comply with a provision of a statute required to be satisfied in order to carry out the project. ‘‘(4) FINANCIAL CONTRIBUTION FROM PRIVATE ENTITIES.— ‘‘(A) The Secretary shall require a State to submit a description of the anticipated public and private benefits associated with each rail line relocation or improvement project described in subsection (a). The determination of such benefits shall be developed in consultation with the owner and user of the rail line being relocated or improved or other private entity involved in the project. ‘‘(B) The Secretary shall consider the feasibility of seeking financial contributions or commitments from private entities involved with the project in proportion to the expected benefits determined under subparagraph (A) that accrue to such entities from the project. ‘‘(f) AGREEMENTS TO COMBINE AMOUNTS.—Two or more States (not including political subdivisions of States) may, pursuant to an agreement entered into by the States, combine any part of the amounts provided through grants for a project under this section if— ‘‘(1) the project will benefit each of the States entering into the agreement; and ‘‘(2) the agreement is not a violation of a law of any such State. ‘‘(g) REGULATIONS.—The Secretary shall prescribe regulations for carrying out this section. ‘‘(h) DEFINITIONS.—In this section: ‘‘(1) CONSTRUCTION.—The term ‘construction’ means the supervising, inspecting, actual building, and incurrence of all costs incidental to the construction or reconstruction of a project described under subsection (b)(1) of this section, including bond costs and other costs relating to the issuance of bonds or other

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