123STA T . 2 7 23 PUBLIC LA W 111 –84—O CT. 28 , 2 0 0 9Admin i stra t o r and wh i c h sha l lr e main in the Fu nd until e xp ended or re f unded
and ‘ ‘ ( ii ) such amounts as ma yb e appropriated or transferred , sub j ect to subpara g raph ( C ), to the Fund under this subsection . ‘‘(C) TRANSFE RS. — ‘‘(i) I N G ENERA L .— S ubject to clauses (ii) and (iii), amounts appropriated or otherwise made a v ailable for any fiscal year for a marine facility or intermodal facility that includes maritime transportation may be transferred, at the option of the recipient of such amounts, to the Fund and administered by the Administrator as a component of a project under the program. ‘‘(ii) P R OHIB I T ION ON TRANSFERS.— E xcept as pro - vided in clause (iii), no funds appropriated or made available under title 23 or chapter 5 3 of title 49 , U nited States Code, including funds from the H ighway Trust Fund (section 95 0 3(c) of the Internal R evenue Code of 1 9 86 ), funds from the M ass Transit Account of the Highway Trust Fund (section 9503(e) of Internal Rev- enue Code of 1986), and funds provided for public transportation programs within the mass transit cat- egory (as defined in section 250(c)(4)(C) of the B alanced Budget and Emergency D eficit Control Act of 1985), shall be transferred into the Fund. ‘‘(iii) E XC E P TION.— ‘‘(I) IN GENERAL.—Amounts described in sub- clause (II) are eligible for transfer into the Fund if— ‘‘(aa) the recipient of the amounts has a specific agreement or contract with the Administrator; ‘‘(bb) the Department of Transportation agency that administers the amounts to be transferred has granted project approval for each component of the project that is to be funded using such amounts; ‘‘(cc) the Department of Transportation agency that administers the amounts to be transferred and the Maritime Administration agree to the transfer through a signed Memo- randum of Understanding; and ‘‘(dd) the amounts will be used only to carry out the project for which funds were approved, and in accordance with any condi- tions governing the amounts under title 23 or chapter 53 of title 49, United States Code. ‘‘(II) A M O U NTS D ESCRIBED.—The amounts referred to in subclause (I) are amounts appro- priated or made available— ‘‘(aa) for loans, loan guarantees, or lines of credit under chapter 6 of title 23, United States Code, for a project eligible under such chapter to facilitate direct intermodal exchange, transfer, and access into and out of a port as defined under section
