Page:United States Statutes at Large Volume 119.djvu/1190

 119 STAT. 1172

23 USC 133 note.

Effective date. 23 USC 133.

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(ii) a level of service rating that is not better than ‘F’ during peak travel hours, calculated in accordance with the Highway Capacity Manual issued by the Transportation Research Board; and ‘‘(C) are located on a Federal-aid highway.’’. (b) REPEAL OF SAFETY PROGRAMS SET-ASIDE.— (1) REPEAL.—Section 133(d)(1) of such title is repealed. (2) TECHNICAL AMENDMENTS.—Section 133(d) of such title is amended— (A) in the first sentence of paragraph (3)(A)— (i) by striking ‘‘subparagraphs (C) and (D)’’ and inserting ‘‘subparagraph (C)’’; and (ii) by striking ‘‘80 percent’’ and inserting ‘‘90 percent’’; (B) in paragraph (3)(B) by striking ‘‘tobe’’ and inserting ‘‘to be’’; and (C) in paragraph (3)— (i) by striking subparagraph (C); (ii) by redesignating subparagraphs (D) and (E) as subparagraphs (C) and (D), respectively; and (iii) in subparagraph (C) (as redesignated by clause (ii)) by adding a period at the end. (3) EFFECTIVE DATE.—Paragraph (1) and paragraph (2)(A)(ii) of this subsection shall take effect October 1, 2005. (c) TRANSPORTATION ENHANCEMENT ACTIVITIES.—Effective October 1, 2005, section 133(d)(2) of such title is amended by striking ‘‘10 percent’’ and all that follows through ‘‘section 104(b)(3) for a fiscal year’’ and inserting the following: ‘‘In a fiscal year, the greater of 10 percent of the funds apportioned to a State under section 104(b)(3) for such fiscal year, or the amount set aside under this paragraph with respect to the State for fiscal year 2005,’’. (d) OBLIGATION AUTHORITY.—Section 133(f)(1) of such title is amended— (1) by striking ‘‘1998 through 2000’’ and inserting ‘‘2004 through 2006’’; and (2) by striking ‘‘2001 through 2003’’ and inserting ‘‘2007 through 2009’’. (e) TECHNICAL CORRECTION.—Effective June 9, 1998, section 1108(e) of the Transportation Equity Act for the 21st Century (112 Stat. 140) is amended by striking ‘‘Section 133’’ and inserting ‘‘Section 133(f)’’. SEC. 1114. HIGHWAY BRIDGE PROGRAM.

(a) FINDING AND DECLARATION.—Section 144(a) of title 23, United States Code, is amended to read as follows: ‘‘(a) FINDING AND DECLARATION.—Congress finds and declares that it is in the vital interest of the United States that a highway bridge program be carried out to enable States to improve the condition of their highway bridges over waterways, other topographical barriers, other highways, and railroads through replacement and rehabilitation of bridges that the States and the Secretary determine are structurally deficient or functionally obsolete and through systematic preventive maintenance of bridges.’’. (b) PARTICIPATION.—Section 144(d) of such title is amended to read as follows: ‘‘(d) PARTICIPATION.—

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