PUBLIC LAW 109–59—AUG. 10, 2005
119 STAT. 1461
(2) CONTRACT AUTHORITY.—Funds authorized to be appropriated by this section shall be available for obligation in the same manner and to the same extent as if the funds were apportioned under chapter 1 of title 23, United States Code; except that the Federal share of the cost of the project shall be 100 percent, and the funds shall remain available until expended and shall not be transferable. (g) TREATMENT OF PROJECTS.—Notwithstanding any other provision of law, projects assisted under this subsection shall be treated as projects on a Federal-aid system under chapter 1 of title 23, United States Code. SEC. 1808. ADDITION TO CMAQ-ELIGIBLE PROJECTS.
(a) FORMER 1-HOUR MAINTENANCE AREAS.—Section 149(b) of title 23, United States Code, is amended in the matter preceding paragraph (1)(A) by inserting ‘‘or is required to prepare, and file with the Administrator of the Environmental Protection Agency, maintenance plans under the Clean Air Act (42 U.S.C. 7401 et seq.)’’ after ‘‘1997,’’. (b) ELIGIBLE PROJECTS.—Section 149(b) of such title is amended— (1) by striking paragraph (1) and inserting the following: ‘‘(1)(A)(i) if the Secretary, after consultation with the Administrator determines, on the basis of information published by the Environmental Protection Agency pursuant to section 108(f)(1)(A) of the Clean Air Act (other than clause (xvi)) that the project or program is likely to contribute to— ‘‘(I) the attainment of a national ambient air quality standard; or ‘‘(II) the maintenance of a national ambient air quality standard in a maintenance area; and ‘‘(ii) a high level of effectiveness in reducing air pollution, in cases of projects or programs where sufficient information is available in the database established pursuant to subsection (h) to determine the relative effectiveness of such projects or programs; or, ‘‘(B) in any case in which such information is not available, if the Secretary, after such consultation, determines that the project or program is part of a program, method, or strategy described in such section 108(f)(1)(A);’’. (2) in paragraph (4)— (A) by inserting ‘‘, including advanced truck stop electrification systems,’’ after ‘‘facility or program’’; and (B) by striking ‘‘or’’ at the end; (3) in paragraph (5)— (A) by inserting ‘‘improve transportation systems management and operations that mitigate congestion and improve air quality,’’ after ‘‘intersections,’’; and (B) by striking the period at the end and inserting a semicolon; and (4) by adding at the end the following: ‘‘(6) if the project or program involves the purchase of integrated, interoperable emergency communications equipment; or ‘‘(7) if the project or program is for— ‘‘(A) the purchase of diesel retrofits that are—
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