Page:United States Statutes at Large Volume 105 Part 3.djvu/110

 105 STAT. 1994 PUBLIC LAW 102-240—DEC. 18, 1991 legislation, and the effect these or similar clauses may have on the availability of insurance and bonds for design professionals and contractors and the implication to the public of any change , in such availability. (3) Means of enhancing the maintenance of the Federal-aid Highway System to ensure the public investment in such system is protected. 23 USC 120 note. SEC. 1044. CREDIT FOR NON-FEDERAL SHARE. (a) EuGiBiLiTY. —A State may use as a credit toward the non- Federal matching share requirement for all programs under this Act and title 23, United States Code, toll revenues that are generated and used by public, quasi-public and private agencies to build, improve, or maintain highways, bridges, or tunnels that serve the public purpose of interstate commerce. Such public, quasi-public or private agencies shall have built, improved, or maintained such facilities without Federal funds. (b) MAINTENANCE OF EFFORT.— The credit for any non-Federal share shall not reduce nor replace State monies required to match Federal funds for any program pursuant to this Act or title 23, Contracts. United States Code. In receiving a credit for non-Federal capital expenditures under this section, a State shall enter into such agreements as the Secretary may require to ensure that such State will maintain its non-Federal transportation capital expenditures at or above the average level of such expenditures for the preceding three fiscal years. (c) TREATMENT.—Use of such credit for a non-Federal share shall not expose such agencies from which the credit is received to additional liability, additional regulation or additional administrative oversight. When credit is applied from chartered multi-State agencies, such credit shall be applied equally to all charter States. The public, quasi-public, and private agencies from which the credit for which the non-Federal share is calculated shall not be subject to any additional Federal design standards, laws or regulations as a result of providing non-Federal match other than those to which such agency is already subject. Wisconsin. SEC. 1045. SUBSTITUTE PROJECT. (a) APPROVAL OF PROJECT. —Notwithstanding any other provision of law, upon the request of the Governor of the State of Wisconsin, submitted after consultation with appropriate local government officials, the Secretary may approve substitute highway, bus transit, and light rail transit projects, in lieu of construction of the 1-94 East-West Transitway project in Milwaukee and Waukesha Counties, as identified in the 1991 Interstate Cost Estimate. (b) EuGiBiLiTY FOR FEDERAL ASSISTANCE. —Upon approval of any substitute highway or transit project or projects under subsection (a), the costs of construction of the eligible transitway project for which such project or projects are substituted shall not be eligible for funds authorized under section 108(b) of the Federal-Aid Highway Act of 1956 and a sum equal to the Federal share of such costs, as included in the latest interstate cost estimate submitted to Congress, shall be available to the Secretary to incur obligations under section 103(e)(4) of title 23, United States Code, for the Federal share of the costs of such substitute project or projects. (c) LIMITATION ON ELIGIBILITY.— I f, by October 1, 1993, or two years after the date of the enactment of this Act, whichever is later, the

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