Page:United States Statutes at Large Volume 119.djvu/1186

 119 STAT. 1168

PUBLIC LAW 109–59—AUG. 10, 2005 are eligible for assistance with funds so apportioned or allocated. ‘‘(B) APPORTIONMENT.—The transfer shall have no effect on any apportionment of funds to a State under this section or section 105 or 144. ‘‘(C) SURFACE TRANSPORTATION PROGRAM.—Funds that are apportioned or allocated to a State under subsection (b)(3) and attributed to an urbanized area of a State with a population of over 200,000 individuals under section 133(d)(3) may be transferred under this paragraph only if the metropolitan planning organization designated for the area concurs, in writing, with the transfer request. ‘‘(4) TRANSFER OF OBLIGATION AUTHORITY.—Obligation authority for funds transferred under this subsection shall be transferred in the same manner and amount as the funds for the projects that are transferred under this subsection.’’.

SEC. 1109. RECREATIONAL TRAILS.

(a) RECREATIONAL TRAILS PROGRAM FORMULA.—Section 104(h) of title 23, United States Code, is amended— (1) in paragraph (1) by striking the first sentence and inserting the following: ‘‘Before apportioning sums authorized to be appropriated to carry out the recreational trails program under section 206, the Secretary shall deduct for administrative, research, technical assistance, and training expenses for such program $840,000 for each of fiscal years 2005 through 2009.’’; and (2) in paragraph (2) by striking ‘‘After’’ and all that follows through ‘‘remainder of the sums’’ and inserting ‘‘The Secretary shall apportion the sums’’. (b) PERMISSIBLE USES.—Section 206(d)(2) of such title is amended to read as follows: ‘‘(2) PERMISSIBLE USES.—Permissible uses of funds apportioned to a State for a fiscal year to carry out this section include— ‘‘(A) maintenance and restoration of existing recreational trails; ‘‘(B) development and rehabilitation of trailside and trailhead facilities and trail linkages for recreational trails; ‘‘(C) purchase and lease of recreational trail construction and maintenance equipment; ‘‘(D) construction of new recreational trails, except that, in the case of new recreational trails crossing Federal lands, construction of the trails shall be— ‘‘(i) permissible under other law; ‘‘(ii) necessary and recommended by a statewide comprehensive outdoor recreation plan that is required by the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l–4 et seq.) and that is in effect; ‘‘(iii) approved by the administering agency of the State designated under subsection (c)(1); and ‘‘(iv) approved by each Federal agency having jurisdiction over the affected lands under such terms and conditions as the head of the Federal agency determines to be appropriate, except that the approval shall be contingent on compliance by the Federal agency with all applicable laws, including the National

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