Page:United States Statutes at Large Volume 112 Part 1.djvu/165

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PUBLIC LAW 105-178-JUNE 9, 1998 112 STAT. 139 (A) by striking "and bicycle" and inserting "bicycle"; and (B) by inserting before the period at the end the following: ", and the modification of public sidewalks to comply with the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 etseq.)"; (4) in paragraph (4) by inserting "infrastructure" after "safety"; (5) in paragraph (9) by striking "section 108(f)(1)(A) (other than clauses (xii) and (xvi)) of the Clean Air Act" and inserting "section 108(f)(1)(A) (other than clause (xvi)) of the Clean Air Act (42 U.S.C. 7408(f)(1)(A))"; (6) in paragraph (11)— (A) in the first sentence— (i) by inserting "natural habitat and" after "participation in" each place it appears; (ii) by striking "enhance and create" and inserting "enhance, and create natural habitats and"; and (iii) by inserting "natural habitat and" before "wetlands conservation"; and (B) by adding at the end the following: "With respect to participation in a natural habitat or wetland mitigation effort related to a project funded under this title that has an impact that occurs within the service area of a mitigation bank, preference shall be given, to the maximum extent practicable, to the use of the mitigation bank if the bank contains sufficient available credits to offset the impact and the bank is approved in accordance with the Federal Guidance for the Establishment, Use and Operation of Mitigation Banks (60 Fed. Reg. 58605 (November 28, 1995)) or other applicable Federal law (including regulations)."; and (7) by adding at the end the following: "(13) Infrastructure-based intelligent transportation systems capital improvements. "(14) Environmental restoration and pollution abatement projects (including the retrofit or construction of storm water treatment systems) to address water pollution or environmental degradation caused or contributed to by transportation facilities, which projects shall be carried out when the transportation facilities are undergoing reconstruction, rehabilitation, resurfacing, or restoration; except that the expenditure of funds under this section for any such environmental restoration or pollution abatement project shall not exceed 20 percent of the total cost of the reconstruction, rehabilitation, resurfacing, or restoration project.". (b) TRANSPORTATION ENHANCEMENT ACTIVITIES. — Section 133 of such title is amended— 23 USC 133. (1) in subsection (d)(3)(D) by striking "any State" and all that follows through the period at the end and inserting "Hawaii and Alaska"; and (2) in subsection (e)— (A) in paragraph (3)(B)(i) by striking "if the Secretary" and all that follows through "activities"; and (B) in paragraph (5) by adding at the end the following: "(C) COST SHARING.—