Page:United States Statutes at Large Volume 105 Part 3.djvu/44

 105 STAT. 1928 PUBLIC LAW 102-240—DEC. 18, 1991 "(3) Carpool projects, fringe and corridor parking facilities and programs, and bicycle transportation and pedestrian walkways in accordance with section 217. ' (4) Highway and transit safety improvements and programs, hazard eliminations, projects to mitigate hazards caused by wildlife, and railway-highway grade crossings. "(5) Highway and transit research and development and technology transfer programs. "(6) Capital and operating costs for traffic monitoring, management, and control facilities and programs. v "(7) Surface transportation planning programs. "(8) Transportation enhancement activities. "(9) Transportation control measures listed in section 108(f)(l)(A) (other than clauses (xii) and (xvi)) of the Clean Air Act. "(10) Development and establishment of management systems under section 303. "(11) In accordance with all applicable Federal law and regulations, participation in wetlands mitigation efforts related to projects funded under this title, which may include participation in wetlands mitigation banks; contributions to statewide and regional efforts to conserve, restore, enhance and create wetlands; and development of statewide and regional wetlands conservation and mitigation plans, including any such banks, efforts, and plans authorized pursuant to the Water Resources Development Act of 1990 (including crediting provisions). Contributions to such mitigation efforts may take place concurrent with or in advance of project construction. Contributions toward these efforts may occur in advance of project construction only if such efforts are consistent with all applicable requirements of Federal law and regulations and State transportation planning processes. "(c) LOCATION OF PROJECTS. — Except as provided in subsection (b)(l), surface transportation program projects (other than those described in subsections (b)(3) and (4)) may not be undertaken on roads functionally clsissified as local or rural minor collectors, unless such roads are on a Federal-aid highway system on January 1, 1991, and except as approved by the Secretary. "(d) ALLOCATIONS OF APPORTIONED FUNDS.— "(1) FOR SAFETY PROGRAMS. —10 percent of the funds apportioned to a State under section 104(b)(3) for the surface transportation program for a fiscal year shall only be aveiilable for carrying out sections 130 and 152 of this title. Of the funds set aside under the preceding sentence, the State shall reserve in such fiscal year an amount of such funds for carrying out each such section which is not less than the amount of funds apportioned to the State in fiscal year 1991 under such section. "(2) FOR TRANSPORTATION ENHANCEMENT ACTIVITIES.— 10 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall only be available for transportation enhancement activities. "(3) DIVISION BETWEEN URBANIZED AREAS OF OVER 200,000 POPULATION AND OTHER AREAS.— "(A) GENERAL RULE.— Except as provided in subparagraphs (C) and (D), 62.5 percent of the remaining 80 percent of the funds apportioned to a State under section 104(b)(3) for a fiscal year shall be obligated under this section—

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