268.7—Federal/State share and restrictions on the uses of Federal Maglev Funds.
        
        (a) Federal share.
         The Federal share of Full Projects Costs shall be not more than  2/3, with the remaining  1/3 paid by the grant recipient using non-Federal funds. Funds made available under STP and CMAQ are considered non-Federal funds for purposes of the matching requirement.
    
    
        
        (b) Restrictions on the uses of Federal Maglev Funds.
        
        (1) 
         Federal Maglev Funds may be applied only to Eligible Project Costs;
    
    
        
        (2) 
         Federal Maglev Funds provided under a preconstruction planning grant may be used only for Phase II activities, and for completion of site-specific draft EIS's; see  § 268.3 ;
    
    
        
        (3) 
         Federal Maglev Funds may be used to pay for only  2/3 of preconstruction planning costs; grant recipients are required to pay the remaining  1/3 of the costs with non-Federal funds; and
    
    
        
        (4) 
         The “prevailing wages” requirement of the Davis Bacon Act (40 U.S.C. 276a-276a -5) applies to any construction contracts under the Maglev Deployment Program.