118 STAT. 3228 PUBLIC LAW 108–447—DEC. 8, 2004 may be used during this fiscal year to satisfy expenses incurred for such projects. SEC. 167. The Secretary shall continue the pilot program authorized under section 166 of the Consolidated Appropriations Act, 2004, Public Law 108–199; 118 Stat. 309, for cooperative procurement of major capital equipment under sections 5307, 5309, and 5311. The program shall be administered as required under subsections (b) through (g) of section 166, except that there shall be five pilot projects: Provided, That the Secretary shall evaluate all proposals based on selection criteria set forth in the announce ment of the program and request for proposals (Federal Register Notice—Vol. 69, No. 120, Page 35127, June 23, 2004). All proposed projects shall be evaluated and the proposing party shall receive notification of acceptance or denial by no later than 90 days after the Secretary receives a request for review of a proposed project: Provided further, That not later than 30 days after delivery of the base order under each of the five pilot projects, the Secretary shall submit to the House and Senate Committees on Appropria tions a report on the results of that pilot project. Each report shall evaluate any savings realized through the cooperative procure ment and the benefits of incorporating cooperative procurement, as shown by that project, into the mass transit program as a whole. SEC. 168. Amounts made available under chapter 53 of title 49, United States Code, and section 1108 of Public Law 102– 240 to the Port Authority of Allegheny County for the Airport Busway/Wabash HOV Facility project that remain unexpended may be used by the Port Authority for the purchase of buses and bus related equipment in accordance with 49 U.S.C. 5309. SEC. 169. Notwithstanding any other provision of law, any unobligated funds made available under the bus category of the Capital Investment Account in prior fiscal year Appropriations Act for the Greater New Haven Transit District Fuel Cell and Electric Bus project or CNG/alternative fuel vehicle project shall be trans ferred to and administered under the Transit Planning and Research account, subject to such terms and conditions as the Secretary deems appropriate. SEC. 170. Notwithstanding any other provision of law, any unobligated funds made available to the Matanuska Susitna Bor ough under ‘‘Federal Transit Administration, Buses and Bus Facili ties’’ shall be available for expenditure on ferry boat and ferry facilities and related expenses as part of the Port MacKenzie Inter modal Facility project. SEC. 171. Notwithstanding any other provision of law, $8,900,000 of the funds made available under the new fixed guide way systems category of the Capital Investment Grants account in Public Law 107–87 for the ‘‘Honolulu, Hawaii, bus rapid transit project’’ shall be made available to the city and county of Honolulu for replacement, rehabilitation, and purchase of buses and related equipment and the construction of bus related facilities under 49 U.S.C. 5309 and shall remain available to the city and county of Honolulu for those purposes until expended: Provided, That any remaining unobligated balance from said project in Public Law 107–87 shall be transferred for any eligible activity under title 23, United States Code, and administered under that title, for use on improvements to the Kapolei Interchange Complex and shall remain available until expended: Provided further, That funds Deadline. Reports. Notification. Deadline. 49 USC 5307 note.
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