123STA T . 3 064PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9SEC.16 1. Notwi t hs t and in g an y oth erp ro v ision o fl aw , f u nds appropriated or li m ited b y this Ac t under ‘ ‘ F ederal T ransit Adminis - tration, C apital I nvestment G rants ’ ’ and for bus and bus facilities under ‘‘Federal Transit Administration, Formula and B us Grants’’ for pro j ects specified in this Act or identified in reports accom- panying this Act not obligated by September 30 , 2 012, and other recoveries, shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. SEC. 162. Notwithstanding any other provision of law, any funds appropriated before O ctober 1, 200 9 , under any section of chapter 5 3 of title 4 9, U nited States Code, that remain available for e x penditure, may be transferred to and administered under the most recent appropriation heading for any such section. SEC. 163. Notwithstanding any other provision of law, unobli- gated funds made available for new fixed guideway system projects under the heading ‘‘Federal Transit Administration, Capital invest- ment grants’’ in any appropriations Act prior to this Act may be used during this fiscal year to satisfy expenses incurred for such projects. SEC. 164. D uring fiscal year 2010, each Federal Transit Administration grant for a project that involves the ac q uisition or rehabilitation of a bus to be used in public transportation shall be funded for 90 percent of the net capital costs of a biodiesel bus or a factory-installed or retrofitted hybrid electric propulsion system and any equipment related to such a system
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d, That the Secretary shall have the discretion to determine, through practicable administrative procedures, the costs attributable to the system and related-equipment. SEC. 165. Notwithstanding any other provision of law, unobli- gated funds or recoveries under section 5309 of title 49, United States Code, that are available to the Secretary of Transportation for reallocation shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. SEC. 166. ( a ) In the explanatory statement referenced in section 1 8 6 of title I of division K of P ublic L aw 110 – 161 (121 Stat. 2406), the item relating to ‘‘Broward County Southwest Transit Facility’’ in the table of projects under the heading ‘‘Bus and Bus Facilities’’ is deemed to be amended by stri k ing ‘‘Southwest’’ and inserting ‘‘ R avenswood’’. (b) The explanatory statement referenced in section 186 of title I of division I of Public Law 111–8 for ‘‘Alternatives analysis’’ under ‘‘Federal Transit Administration–Formula and Bus Grants’’ is deemed to be amended by striking ‘‘ H udson–Bergen Light Rail E xtension Route 440, North Bergen, N J ’’ and inserting ‘‘Hudson– Bergen Light Rail Extension Route 440, Jersey City, NJ’’. (c) Funds made available for the ‘‘Phoenix / Regional Heavy M aintenance Facility, A Z ’’, ‘‘Dial-a-Ride facility, Phoenix, AZ’’ and the ‘‘Phoenix Regional Heavy Bus Maintenance Facility, Ari z ona’’ through the Department of Transportation Appropriations Acts for Fiscal Y ears 2004, 2005 and 2008 that remain unobligated or unex- pended shall be made available to the East Baseline Park-and- Ride Facility in Phoenix, Arizona. SEC. 16 7 . Funds made available for Alaska or Hawaii ferry boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be used to construct new vessels and facilities, or to improve existing vessels and facilities, including both the passenger and vehicle-related elements of such vessels and facilities, and for repair
