12 2 STA T .4937PUBLIC LA W 11 0– 432 —O CT. 1 6, 200 8admin i ster t h e g rant p r o gram a u thori z ed under this se c tion pursuant to such guidance .‘ ‘ (b)PROJECTAS PART O FS TATE R A IL PLA N . — ‘‘( 1 ) T he Secretar y may not appro v e a grant f orapro j ect under this section un l ess the Secretary finds that the project is part of a State rail plan developed under chapter 2 2 7 of this title , or under the plan re q uired by section 211 of the Passenger Rail I nvestment and Improvement A ctof2 0 0 8 , and that the applicant or recipient has or w ill have the legal, financial, and technical capacity to carry out the project, satis - factory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities. ‘‘(2) An applicant shall provide sufficient information upon which the Secretary can ma k e the findings required by this subsection. ‘‘( 3 ) If an applicant has not selected the proposed operator of its service competitively, the applicant shall provide written justification to the Secretary showing why the proposed oper- ator is the best, taking into account price and other factors, and that use of the proposed operator will not unnecessarily increase the cost of the project. ‘‘(c) PROJECT SELECTION C RITERIA.—The Secretary, in selecting the recipients of financial assistance to be provided under subsection (a), shall— ‘‘(1) require— ‘‘(A) that the project be part of a State rail plan devel- oped under chapter 227 of this title, or under the plan required by section 211 of the Passenger Rail Investment and Improvement Act of 2008
‘‘( B ) that the applicant or recipient has or will have the legal, financial, and technical capacity to carry out the project, satisfactory continuing control over the use of the equipment or facilities, and the capability and willingness to maintain the equipment or facilities; ‘‘(C) that the applicant provides sufficient information upon which the Secretary can make the findings required by this subsection; ‘‘( D ) that if an applicant has selected the proposed operator of its service competitively, that the applicant provide written justification to the Secretary showing why the proposed operator is the best, taking into account costs and other factors; ‘‘( E ) that each proposed project meet all safety and security requirements that are applicable to the project under law; and ‘‘( F ) that each project be compatible with, and operated in conformance with— ‘‘(i) plans developed pursuant to the requirements of section 13 5 of title 23, U nited States Code; and ‘‘(ii) the national rail plan (if it is available); ‘‘(2) select projects— ‘‘(A) that are anticipated to result in significant improvements to intercity rail passenger service, including, but not limited to, consideration of—
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