§ 256.5 Eligibility. ( a ) *General.* A project is eligible for financial assistance under subsection 4(i) of the Act if: ( 1 ) The applicant provides satisfactory assurance that such fiscal control and fund accounting procedures will be adopted as may be necessary to assure proper disbursement of and accounting for Federal financial assistance granted to the applicant under the Act;
( 2 ) The applicant complies with the regulations of the Administrator prescribed in this part, and with such other terms and conditions as may be included in the grant of assistance; and
( 3 ) The Council is given a reasonable opportunity to review and comment upon the project as it affects property listed or eligible for listing on the National Register.
( b ) *Demonstration funds.* A project is eligible for financial assistance in accordance with subsection 4(i) of the Act if the Administrator determines that: ( 1 ) The railroad passenger terminal can be converted to an intermodal passenger terminal;
( 2 ) There exist sufficient commitments by Amtrak or other rail passenger carriers, and by intercity bus carriers, the local public transportation authority, or other public or private transportation operators, to provide co-ordinated service for convenient intermodal interchange to meet the goals enumerated in paragraph (b) of § 256.13;
( 3 ) The railroad passenger terminal is listed on the National Register;
( 4 ) The architectural integrity of the railroad passenger terminal will be preserved, and this determination is concurred in by the consultants recommended by the Chairman and Council and retained by the Administrator for this purpose;
( 5 ) To the extent practicable, the use of station facilities for transportation purposes may be combined with use for other civic and cultural activities, especially when such use is recommended by the Council or the Chairman, or the consultants retained by the Administrator upon their recommendation;
( 6 ) The applicant has provided the information and documentation required under § 256.11(c).
( 7 ) The railroad passenger terminal and the conversion project meet such other criteria as the Administrator may develop and promulgate in consultation with the Chairman and the Council.
( c ) *Preservation funds.* A project is eligible for financial assistance in accordance with subsection 4(i) of the Act if the Administrator determines that: ( 1 ) The applicant is empowered by applicable law, and is qualified, prepared, and committed, on an interim basis pending the formulation of plans for reuse, to maintain and prevent the demolition, dismantling, or further deterioration of, a railroad passenger terminal;
( 2 ) The railroad passenger terminal is threatened with demolition, dismantling, or further deterioration;
( 3 ) There is a reasonable likelihood that the railroad passenger terminal will be converted to or conditioned for reuse as an intermodal passenger terminal. The primary use of the terminal shall be for intermodal purposes, but facilities for the provision of civic and cultural activities may be incorporated to the extent feasible. Such dual use of the terminal is particularly encouraged when it is recommended by the Council or the Chairman.
( 4 ) Planning activity aimed at conversion or reuse has commenced and is proceeding in a competent manner;
( 5 ) The expenditure of funds on such project would be in the manner most likely to maximize the preservation of railroad passenger terminals which are: ( i ) Reasonably capable of conversion to intermodal passenger terminals;
( ii ) Listed in the National Register; or
( iii ) Recommended on the basis of architectural integrity and quality by the Chairman or the Council; and
( 6 ) The applicant has provided the information and documentation required by § 256.11(d).
( d ) *Planning funds.* A project is eligible for financial assistance in accordance with subsection 4(i)(5) of the Act if the Administrator determines that: ( 1 ) The applicant is prepared to develop practicable plans meeting the zoning, land use, and other requirements of the applicable State and local jurisdictions in which the rail passenger terminal is located;
( 2 ) The applicant incorporates into its plans for the conversion of an historic terminal into an intermodal passenger terminal, features which appear reasonably likely to attract private investors willing to finance the planned conversion and/or its subsequent maintenance and operation. The primary use of the terminal shall be for intermodal purposes, but facilities for the provision of civic or cultural activities may be incorporated to the extent feasible.
( 3 ) The applicant will be able to complete the designs and plans for such conversion within two years following the approval of the application for Federal financial assistance;
( 4 ) The expenditure of funds on such project would be in the manner most likely to maximize the preservation of railroad passenger terminals which are listed in the National Register or recommended on the basis of architectural integrity and quality by the Chairman or the Council; and
( 5 ) The applicant has provided the information and documentation required under § 256.11(e).
[40 FR 29080, July 10, 1975, as amended at 43 FR 21887, May 22, 1978; 44 FR 21647, Apr. 11, 1979]