123STA T . 3 048PUBLIC LA W 111 – 11 7—DE C.1 6, 200 9SEC.12 1. Notwi t hs t and in g3 1 U .S. C . 33 0 2 ,fu nds rec ei v ed by the B ureau of T rans p ortation Statistics fro m the sa l e of data prod - ucts, for necessary e x penses incurred pursuant to 49 U.S.C. 111 may be credited to the F ederal-aid highways account for the purpose of reimbursing the Bureau for such expenses
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d, That such funds shall be sub j ect to the obligation limitation for Federal- aid highways and highway safety construction. SEC. 122. There is hereby appropriated to the Secretary of Transportation $65 0,000,000, to remain available through Sep- tember 30, 2012: Provided, That the funds provided under this section shall be apportioned to the States in the same ratio as the obligation limitation for fiscal year 2010 is distributed among the States in section 120 ( a ) (6) of this A ct, and made available for the restoration, repair, construction, and other activities eligible under paragraph (b) of section 133 of title 23, United States Code: Provided fu r th er, That funds apportioned under this section shall be administered as if apportioned under chapter 1 of title 23, United States Code: Provided further, That the Federal share pay- able on account of any project or activity carried out with funds apportioned under this section shall be 8 0 percent: Provided further, That funding provided under this section shall be in addition to any and all funds provided for fiscal year 2010 in this or any other Act for ‘ ‘Federal-aid H ighways ’ ’ and shall not affect the dis- tribution of funds provided for ‘‘Federal-aid Highways’’ in any other Act: Provided further, That the amounts made available under this section shall not be subject to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act: Provided further, That section 1101(b) of P ublic L aw 109 – 59 shall apply to funds apportioned under this section. SEC. 123. Not less than 15 days prior to waiving, under his statutory authority, any Buy America re q uirement for Federal- aid highway projects, the Secretary of Transportation shall ma k e an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, That the Secretary shall provide an annual report to the Appropriations Committees of the Congress on any waivers granted under the Buy America requirements. SEC. 124. (a) ING ENE RAL . —E xcept as provided in subsection (b), none of the funds made available, limited, or otherwise affected by this Act shall be used to approve or otherwise authori z e the imposition of any toll on any segment of highway located on the Federal-aid system in the State of Texas that— (1) as of the date of enactment of this Act, is not tolled
(2) is constructed with Federal assistance provided under title 23, United States Code; and (3) is in actual operation as of the date of enactment of this Act. (b) E X CE PTIO N S .— (1) N UMB ERO F TOLL LANES.—Subsection (a) shall not apply to any segment of highway on the Federal-aid system described in that subsection that, as of the date on which a toll is imposed on the segment, will have the same number of non- toll lanes as were in existence prior to that date. (2) HI GH -OCCUPANC YV EHICLE LANES.—A high-occupancy vehicle lane that is converted to a toll lane shall not be subject to this section, and shall not be considered to be a non-toll Texas.R e port s. T im e perio d . N oti c e. Publ ic comme n t. 23USC 3 1 3 note. A pplicabilit y .
