112 ST]\fr. 352 PUBLIC LAW 105-178-JUNE 9, 1998 "(2) CLEAN DIESEL BUSES.— Not more than $50,000,000 of the amount made available by or appropriated under section 5338 in each fiscal year to carry out this section may be made available to fund clean diesel buses. "(3) Bus RETROFITTING AND REPLACEMENT. —Not more than 5 percent of the amount made available by or appropriated under section 5338 in each fiscal year to carry out this section may be made available to fund retrofitting or replacement of the engines of buses that do not meet the clean air standards of the Environmental Protection Agency, as in effect on the date on which the application for such retrofitting or replacement is submitted under subsection (c)(1). "(f) AVAILABILITY OF FUNDS. —Any amount made available or appropriated under this section— "(1) shall remain available to a project for 1 year after the fiscal year for which the amount is made available or appropriated; and "(2) that remains unobligated at the end of the period described in paragraph (1), shall be added to the amount made available in the following fiscal year.". (b) CLERICAL AMENDMENT. — The analysis for chapter 53 is amended by striking the item relating to section 5308 and inserting the following: "5308. Clean fuels formula grant program.". SEC. 3009. CAPITAL INVESTMENT GRANTS AND LOANS. (a) SECTION HEADING.— Section 5309 is amended in the section heading by striking "Discretionary" and inserting "Capital investment". (b) CONFORMING AMENDMENT. — The item relating to section 5309 in the table of sections for chapter 53 is amended by striking "Discretionary" and inserting "Capital investment". (c) GENERAL AUTHORITY.— Section 5309(a)(1) is amended— (1) by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively; and (2) by striking subparagraph (E) and inserting the following: "(E) capital projects to modernize existing fixed guideway systems; "(F) capital projects to replace, rehabilitate, and purchase buses and related equipment and to construct bus-related facilities;". (d) CONSIDERATION OF DECREASED COMMUTER RAIL TRANSPOR- TATION.—Section 5309(c) is amended to read as follows: "(c) [Reserved.]". (e) CRITERIA FOR GRANTS AND LOANS FOR FIXED GUIDEWAY SYSTEMS. —Section 5309(e) is amended to read as follows: "(e) CRITERIA FOR GRANTS AND LOANS FOR FIXED GUIDEWAY SYSTEMS.— "(1) IN GENERAL. —The Secretary may approve a grant or loan under this section for a capital project for a new fixed guideway system or extension of an existing fixed guideway system only if the Secretary determines that the proposed project is— "(A) based on the results of an alternatives analysis and preliminary engineering;
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