PUBLIC LAW 105-178—JUNE 9, 1998 112 STAT. 143 "(5) if the program or project improves trsiffic flow, including projects to improve signalization, construct high occupancy vehicle lanes, improve intersections, and implement intelligent transportation system strategies and such other projects that are eligible for assistance under this section on the day before the date of enactment of this paragraph.". (c) STATES RECEIVING MINIMUM APPORTIONMENT.— Section 149 of such title is amended by striking subsection (c) and inserting 23 USC 149. the following: "(c) STATES RECEIVING MINIMUM APPORTIONMENT. — "(1) STATES WITHOUT A NONATTAINMENT AREA. — If a State does not have, and never has had, a nonattainment area designated under the Clean Air Act (42 U.S.C. 7401 et seq.), the State may use funds apportioned to the State under section 104(b)(2) for any project eligible under the surface transportation program under section 133. "(2) STATES WITH A NONATTAINMENT AREA. —If a State has
- a nonattainment area or maintenance area and receives funds
under section 104(b)(2)(D) above the amount of funds that the State would have received based on its nonattainment and maintenance area population under subparagraphs (B) and (C) of section 104(b)(2), the State may use that portion of the funds not based on its nonattainment and maintenance area population under subparagraphs (B) and (C) of section 104(b)(2) for any project in the State eligible under section 133.". (d) PUBLIC-PRIVATE PARTNERSHIPS.— (1) IN GENERAL.— Section 149 of such title is amended by adding at the end the following: " (e) PARTNERSHIPS WITH NONGOVERNMENTAL ENTITIES. — "(1) IN GENERAL.—Notwithstanding any other provision of this title and in accordance with this subsection, a metropolitan planning organization. State transportation department, or other project sponsor may enter into an agreement with any public, private, or nonprofit entity to cooperatively implement any project carried out under this section. "(2) FORMS OF PARTICIPATION BY ENTITIES. — Participation by an entity under paragraph (1) may consist of— "(A) ownership or operation of any land, facility, vehicle, or other physical asset associated with the project; "(B) cost sharing of any project expense; "(C) carrying out of administration, construction management, project management, project operation, or any other management or operational duty associated with the project; and "(D) any other form of participation approved by the Secretary. "(3) ALLOCATION TO ENTITIES.— ^A State may allocate funds apportioned under section 104(b)(2) to an entity described in paragraph (1). I "(4) ALTERNATIVE FUEL PROJECTS.—In the case of a project y that will provide for the use of alternative fuels by privately owned vehicles or vehicle fleets, activities eligible for funding + under this subsection— "(A) may include the costs of vehicle refueling infrastructure, including infrastructure that would support the development, production, and use of emerging technologies
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