ii.  De Minimis Rule for Federal Funding and Reimbursements

Public-private partnerships are likely to use far less Federal funding than the traditional 80 percent used on federally funded facilities. Some commenters suggested that the Federal requirements that attach to a project be somewhat proportional to the Federal funds involved in the project. Under current law, any Federal funding makes a project a Federal project. It was suggested that the Federal government create a de minimis rule that would allow projects below a certain threshold of funding to still be considered State or local projects. [369]

Similarly, it was suggested that activities undertaken during the development phase, including environmental approvals, be eligible for Federal reimbursement even if the project is not a Federal project.