23 U.S.C. § 322: Magnetic levitation transportation technology deployment program

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 includes the costs of preconstruction planning activities. 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. 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. 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 ). 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. The Federal share of full project costs under paragraph (1) shall be not more than ⅔. Financial assistance provided under paragraph (1) shall be used only to pay eligible project costs of projects selected under this section. 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. involve a segment or segments of a high-speed ground transportation corridor that exhibit partnership potential; the amounts made available under subsection (h)(1); and the amounts made available by States under subsection (h)(3); result in an operating transportation facility that provides a revenue producing service; be undertaken through a public and private partnership, with at least ⅓ of full project costs paid using non-Federal funds; satisfy applicable statewide and metropolitan planning requirements; be approved by the Secretary based on an application submitted to the Secretary by a State or authority designated by 1 or more States; to the extent that non-United States MAGLEV technology is used within the United States, be carried out as a technology transfer project; and be carried out using materials at least 70 percent of which are manufactured in the United States. 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; timely implementation of the project will reduce congestion in other modes of transportation and reduce the need for additional highway or airport construction; States, regions, and localities financially contribute to the project; implementation of the project will create new jobs in traditional and emerging industries; the project will augment MAGLEV networks identified as having partnership potential; financial assistance would foster public and private partnerships for infrastructure development and attract private debt or equity investment; financial assistance would foster the timely implementation of a project; and life-cycle costs in design and engineering are considered and enhanced. preparation of such feasibility studies, major investment studies, and environmental impact statements and assessments as are required under State law; pricing of the final design, engineering, and construction activities proposed to be assisted under paragraph (2); and such other activities as are necessary to provide the Secretary with sufficient information to evaluate whether a project should receive financial assistance for final design, engineering, and construction activities under paragraph (2). After completion of preconstruction planning activities for all projects assisted under paragraph (1), the Secretary shall select 1 of the projects to receive financial assistance for final design, engineering, and construction activities. A project undertaken by a joint venture of United States and non-United States persons (including a project involving the deployment of non-United States MAGLEV technology in the United States) shall be eligible for financial assistance under this section if the project is eligible under subsection (d) and selected under subsection (f). There is authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $15,000,000 for fiscal year 1999, $20,000,000 for fiscal year 2000, and $25,000,000 for fiscal year 2001. the Federal share of the cost of a project carried out under this section shall be determined in accordance with subsection (b); and the availability of the funds shall be determined in accordance with paragraph (2). There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this section (other than subsection (i)) $200,000,000 for each of fiscal years 2000 and 2001, $250,000,000 for fiscal year 2002, and $300,000,000 for fiscal year 2003. Notwithstanding section 118(a), funds made available under clause (i) shall not be available in advance of an annual appropriation. Funds made available under paragraph (1) shall remain available until expended. Notwithstanding any other provision of law, funds made available to a State to carry out the surface transportation block grant program under section 133 and the congestion mitigation and air quality improvement program under section 149 may be used by the State to pay a portion of the full project costs of an eligible project selected under this section, without requirement for non-Federal funds. Notwithstanding any other provision of law, an eligible project selected under this section shall be eligible for other forms of financial assistance provided under this title and the Transportation Equity Act for the 21st Century, including loans, loan guarantees, and lines of credit. Notwithstanding any other provision of this section, of the funds made available by subsection (h)(1)(A) to carry out this section, $5,000,000 shall be made available to the Secretary to make grants for the research and development of low-speed superconductivity magnetic levitation technology for public transportation purposes in urban areas to demonstrate energy efficiency, congestion mitigation, and safety benefits. There are authorized to be appropriated from the Highway Trust Fund (other than the Mass Transit Account) to carry out this subsection such sums as are necessary for each of fiscal years 2000 through 2003. shall not be available in advance of an annual appropriation; and shall remain available until expended. 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 includes the costs of preconstruction planning activities. 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. 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. The term ‘State’ has the meaning such term has under section 101(a) of title 23 , United States Code. The Secretary [of Transportation] shall make available financial assistance to pay the Federal share of full project costs of eligible projects authorized by this section. Financial assistance provided under paragraph (1) shall be used only to pay eligible project costs of projects authorized by this section. 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. involve a segment or segments of a high-speed ground transportation corridor; result in an operating transportation facility that provides a revenue producing service; and be approved by the Secretary [of Transportation] based on an application submitted to the Secretary by a State or authority designated by one or more States. 50 percent to the Nevada department of transportation who shall cooperate with the California-Nevada Super Speed Train Commission for the MAGLEV project between Las Vegas and Primm, Nevada, as a segment of the high-speed MAGLEV system between Las Vegas, Nevada, and Anaheim, California; and 50 percent for existing MAGLEV projects located east of the Mississippi River using such criteria as the Secretary deems appropriate. Funds authorized under section 1101(a)(18) [ 119 Stat. 1155 ] shall be available for obligation in the same manner as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of a project to be carried out with such funds shall be 80 percent.” The Secretary shall make grants for the development of low speed magnetic levitation technology for public transportation purposes in urban areas to demonstrate energy efficiency, congestion mitigation, and safety benefits. Of the amounts made available under section 5001(a)(2) of this Act [ 112 Stat. 419 ] for each of fiscal years 1998 through 2004, and for the period of October 1, 2004 , through July 30, 2005 ,, [sic] $5,000,000 per fiscal year and $4,150,685 for such period shall be available to carry out this subsection. Financial assistance made available under this subsection and projects assisted with the assistance shall be subject to section 5333(a) of title 49 , United States Code. The Federal share payable on account of activities carried out using a grant made under this subsection shall be 80 percent of the cost of such activities.”