12 2 STA T .49 4 0PUBLIC LA W 110 – 4 3 2 —O CT. 1 6, 200 8ormade a v a il a b le t oade p artme n tora g en cy o f t h e F ederal G overnment that are eligible to be e x pended for tran s portation .‘ ‘ (3)T he follo w ing amo u nts , not to exceed $15 , 0 00,000 per fiscal year, shall be available to each applicant as a credit toward an applicant ’ s matching re q uirement for a grant awarded under this section — ‘‘( A ) in each of fiscal years 2 00 9 , 2010, and 2011— ‘‘(i) 50 percent of the average of amounts expended in fiscal years 2002 through 200 8 by an applicant for capital pro j ects related to intercity passenger rail service
and ‘‘(ii) 50 percent of the average of amounts expended in fiscal years 2002 through 2008 by an applicant for operating costs of such service; and ‘‘( B ) in each of fiscal years 2010, 2011 and 2012, 50 percent of the amount by which the amounts expended for capital projects and operating costs related to intercity passenger rail service by an applicant in the prior fiscal year exceed the average capital and operating expenditures made for such service in fiscal years 200 6 , 200 7 , and 2008. The S ecretary may require such information as necessary to verify such expenditures. C redits made available to an applicant in a fiscal year under this paragraph may only be applied towards grants awarded in that fiscal year. ‘‘( 4 ) The Federal share of expenditures for capital improve - ments under this chapter may not exceed 100 percent. ‘‘(h) 2- YEAR A V A IL A B ILI TY .—Funds appropriated under this sec- tion shall remain available until expended. I f any amount provided as a grant under this section is not obligated or expended for the purposes described in subsection (a) within 2 years after the date on which the State received the grant, such sums shall be returned to the Secretary for other intercity passenger rail develop- ment projects under this section at the discretion of the Secretary. ‘‘(i) C O O P ERATIVE A G REE M E N T S .— ‘‘(1) IN GENERAL.—A metropolitan planning organi z ation, State transportation department, or other project sponsor may enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project funded with a grant under this chapter. ‘‘(2) FORMS O F PARTI C IPATION.— P articipation by an entity under paragraph (1) may consist of— ‘‘(A) ownership or operation of any land, facility, loco- motive, rail car, vehicle, or other physical asset associated with the project; ‘‘(B) cost-sharing of any project expense; ‘‘(C) carrying out administration, construction manage- ment, project management, project operation, or any other management or operational duty associated with the project; and ‘‘( D ) any other form of participation approved by the Secretary. ‘‘(3) S U BALLOCATION.—A State may allocate funds under this section to any entity described in paragraph (1). ‘‘(j) SPECIAL TRANSPORTATION CIRCUMSTANCES.—In carrying out this section, the Secretary shall allocate an appropriate portion of the amounts available under this section to provide grants to States—
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