It's Mr. LaHood's job to demand the money back from NJ because they have failed to live up to their obligations to run the train.
If he did not demand it back could they simply keep it? I'm just curious because I honestly don't know how these things work.
First please understand that I'm not 100% certain of all the rules and as I've mentioned before, the some of the rules are very different for Stimulus monies.
That said, it is important to know that in general the Fed doesn't just hand a state a check for the entire amount promised. Much like a bank holding a loan does to a new home builder, the Fed pays out portions of the monies promised as certain bench marks are reached. In the case of the home builder, dig the foundation, the bank sends a check for X. Get the house framed, the bank sends another check for Y. And so on and so on.
The same applies here, as things are built and mile stones are reached, the Fed sends off a check. Of course these days it might even be an electronic transfer.
So the bulk of the $3B promised by the Fed still remains in Federal coffers and not in NJ's hands. What Mr. LaHood is demanding that NJ repay is one or maybe two of those installment payments. However, in this case and especially for the amount in question, I'm of the mind that Mr. LaHood probably could have said to NJ, "just keep the money or use it on this rail project or even use it on this road."
I think however that he was somewhat frustrated by Mr. Christie's entire attitude. It's a pretty big snub when Mr. LaHood says "let's talk about this first please before you decide anything" and then he opens the paper to find that Mr. Christie has announced that he's killing the project the day before their meeting is to take place.
I also think that Mr. LaHood is playing hard ball here to also send a message to Wisconsin & Ohio, that they aren't going to keep that money either. Although again, here the rules are more different, since that is Stimulus money that must go to trains unless Congress changes things and the President agrees. But again, Mr. LaHood is still sending a message, "kill what we want and you guys will get the bill."