Page:United States Statutes at Large Volume 123.djvu/228

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123STA T . 2 08PUBLIC LA W 111 –5—FE B.1 7, 200 9fundsma d e a v a il a b leb yth is Ac t shall n o t be obli g ated fo r the p urposes authori z ed under section 1 1 5( b ) of title 23,U nited S tates C ode

Provide

d fu r th er ,T hat funding provided under this heading shall be in addition to any and all funds provided for fiscal years 2 0 0 9 and 2010 in any other Act for ‘ ‘ F ederal - aid H igh w ays ’ ’ and shall not affect the distribution of funds provided for ‘‘Federal- aid Highways’’ in any other Act: Provided further, That the amount made available under this heading shall not be sub j ect to any limitation on obligations for Federal-aid highways or highway safety construction programs set forth in any Act: Provided further, That section 1101(b) of P ublic L aw 109 – 59 shall apply to funds appor- tioned under this heading: Provided further, That the Administrator of the Federal Highway Administration may retain up to $4 0,000,000 of the funds provided under this heading to fund the oversight by the Administrator of projects and activities carried out with funds made available to the Federal Highway Administra- tion in this Act, and such funds shall be available through Sep- tember 30, 2012 . F ED E RALR A I LR O AD AD M I N I ST RATION C A P ITAL ASSISTANCE F OR H I G H SPEED RAIL CORRIDORS AND INTERCIT Y PASSENGER RAIL SER V ICE For an additional amount for section 501 of Public Law 110– 432 and discretionary grants to States to pay for the cost of projects described in paragraphs (2)(A) and (2)( B ) of section 24401 of title 49, United States Code, subsection (b) of section 24105 of such title, $ 8 ,000,000,000, to remain available through September 30, 2012: Provided, That the Secretary of Transportation shall give priority to projects that support the development of intercity high speed rail service: Provided further, That within 6 0 days of the enactment of this Act, the Secretary shall submit to the House and Senate Committees on Appropriations a strategic plan that describes how the Secretary will use the funding provided under this heading to improve and deploy high speed passenger rail sys- tems: Provided further, That within 120 days of enactment of this Act, the Secretary shall issue interim guidance to applicants cov- ering grant terms, conditions, and procedures until final regulations are issued: Provided further, That such interim guidance shall provide separate instructions for the high speed rail corridor pro- gram, capital assistance for intercity passenger rail service grants, and congestion grants: Provided further, That the Secretary shall waive the re q uirement that a project conducted using funds pro- vided under this heading be in a State rail plan developed under chapter 22 7 of title 49, United States Code: Provided further, That the Federal share payable of the costs for which a grant is made under this heading shall be, at the option of the recipient, up to 100 percent: Provided further, That projects conducted using funds provided under this heading must comply with the require- ments of subchapter IV of chapter 31 of title 40, United States Code: Provided further, That section 24405 of title 49, United States Code, shall apply to funds provided under this heading: Provided further, That the Administrator of the Federal Railroad Administra- tion may retain up to one-quarter of 1 percent of the funds provided under this heading to fund the award and oversight by the Adminis- trator of grants made under this heading, and funds retained for said purposes shall remain available through September 30, 2014. Ap p licab ili ty.Com plia n c e . W ai v e r a u t h ority. D ea d line. G uidance. Deadline. S trate g ic plan. Grant s . Applicability.