[Code of Federal Regulations]
[Title 49, Volume 4]
[Revised as of October 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR268.5]

[Page 728-729]
 
                        TITLE 49--TRANSPORTATION
 
       CHAPTER II--FEDERAL RAILROAD ADMINISTRATION, DEPARTMENT OF 
                             TRANSPORTATION
 
PART 268--MAGNETIC LEVITATION TRANSPORTATION TECHNOLOGY DEPLOYMENT PROGRAM--Table of Contents
 
                           Subpart A--Overview
 
Sec. 268.5  Federal funding sources for the Maglev Deployment Program.

    (a) Federal Maglev Funds. Section 322 of Title 23 provides for the 
following funds for the Maglev Deployment Program:
    (1) Contract authority. Fifty-five million has been made available 
for the Maglev Deployment Program as contract authority from the Highway 
Trust Fund for Fiscal Years 1999 through 2001; this would be used to 
fund the competition in all its phases and could also be used for final 
design, engineering, and construction activities of the selected 
project. Of the $55 million, the Congress has made available up to $15 
million for Fiscal Year 1999, up to $15 million for Fiscal Year 2000, 
and $25 million for Fiscal Year 2001.
    (2) Authorization for appropriations. Nine hundred fifty million, 
also from the Highway Trust Fund, has been authorized to be appropriated 
for the Maglev Deployment Program for Fiscal Years 2000 through 2003. Of 
the $950 million, $200 million is authorized to be appropriated for each 
of Fiscal Years

[[Page 729]]

2000 and 2001, $250 million for Fiscal Year 2002, and $300 million for 
Fiscal Year 2003. Any decision to proceed with possible Federal funding 
of the construction of a Maglev system will be contingent upon the 
receipt of appropriations, and upon completion of appropriate 
environmental documentation.
    (b) Other Federal funds. Section 322 of Title 23 provides that the 
portion of the Maglev project not covered by Federal Maglev Funds may be 
covered by any non-Federal funding sources--including private (debt and/
or equity), State, local, regional, and other public or public/private 
entities--as well as by Federally-provided STP and CMAQ funds, and by 
other forms of financial assistance made available under title 23 and 
TEA 21, such as loans and loan guarantees.
    (c) Costs Incurred in Advance of Cooperative Agreement. Certain 
costs incurred in advance of the execution of a cooperative agreement 
between FRA and the grantee for pre-construction planning but after 
enactment of TEA 21 (June 9, 1998) will be eligible for reimbursement, 
but such costs are allowable only to the extent that they are otherwise 
allowable under the terms of a fully executed cooperative agreement.