Page:United States Statutes at Large Volume 117.djvu/430

 PUBLIC LAW 108–7—FEB. 20, 2003

117 STAT. 411

23, United States Code, and the sum so deducted shall remain available until expended. SEC. 318. Funds received by the Federal Highway Administration, Federal Transit Administration, and Federal Railroad Administration from States, counties, municipalities, other public authorities, and private sources for expenses incurred for training may be credited respectively to the Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account, the Federal Transit Administration’s ‘‘Transit Planning and Research’’ account, and to the Federal Railroad Administration’s ‘‘Safety and Operations’’ account, except for State rail safety inspectors participating in training pursuant to 49 U.S.C. 20105. SEC. 319. 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 facilities: Provided, That not more than $3,000,000 of the funds made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State of Hawaii to initiate and operate a passenger ferryboat services demonstration project to test the viability of different intraisland and inter-island ferry boat routes and technology: Provided further, That notwithstanding 49 U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii ferry boats may be used to acquire passenger ferry boats and to provide passenger ferry transportation services within areas of the State of Hawaii under the control or use of the National Park Service. SEC. 320. Notwithstanding 31 U.S.C. 3302, funds received by the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to 49 U.S.C. 111 may be credited to the Federal-aid highways account for the purpose of reimbursing the Bureau for such expenses: Provided, That such funds shall be subject to the obligation limitation for Federalaid highways and highway safety construction. SEC. 321. (a) Section 47107 of title 49, United States Code, is amended by inserting after section 47107(p) the following: ‘‘(q) Notwithstanding any written assurances prescribed in subsections (a) through (p), a general aviation airport with more than 300,000 annual operations may be exempt from having to accept scheduled passenger air carrier service, provided that the following conditions are met: ‘‘(1) No scheduled passenger air carrier has provided service at the airport within 5 years prior to January 1, 2002. ‘‘(2) The airport is located within the Class B airspace of an airport that maintains an airport operating certificate pursuant to section 44706 of title 49. ‘‘(3) The certificated airport operating under section 44706 of title 49 has sufficient capacity and does not contribute to significant delays as defined by DOT/FAA in the ‘Airport Capacity Benchmark Report 2001’. ‘‘(r) An airport that meets the conditions of subsections (q)(1) through (3) is not subject to section 47524 of title 49 with respect to a prohibition on all scheduled passenger service.’’. (b) This section shall be effective upon enactment, notwithstanding any other section of title 49. SEC. 322. None of the funds in this Act shall, in the absence of express authorization by Congress, be used directly or indirectly

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