Page:United States Statutes at Large Volume 119.djvu/1199

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1181

or expenditure so long as the agreement, or the existing agreement entered into under paragraph (1), is in effect. ‘‘(f) PERMISSIBLE USES OF FUNDS.— ‘‘(1) IN GENERAL.—Funds made available for the program may be used only for the following projects and activities carried out in a territory: ‘‘(A) Eligible surface transportation program projects described in section 133(b). ‘‘(B) Cost-effective, preventive maintenance consistent with section 116(d). ‘‘(C) Ferry boats, terminal facilities, and approaches, in accordance with subsections (b) and (c) of section 129. ‘‘(D) Engineering and economic surveys and investigations for the planning, and the financing, of future highway programs. ‘‘(E) Studies of the economy, safety, and convenience of highway use. ‘‘(F) The regulation and equitable taxation of highway use. ‘‘(G) Such research and development as are necessary in connection with the planning, design, and maintenance of the highway system. ‘‘(2) PROHIBITION ON USE OF FUNDS FOR ROUTINE MAINTENANCE.—None of the funds made available for the program shall be obligated or expended for routine maintenance. ‘‘(g) LOCATION OF PROJECTS.—Territorial highway projects (other than those described in paragraphs (1), (3), and (4) of section 133(b)) may not be undertaken on roads functionally classified as local.’’. (b) CONFORMING AMENDMENTS.— (1) ELIGIBLE PROJECTS.—Section 103(b) of such title is amended— (A) in the heading for paragraph (6) by striking ‘‘ELIGIBLE’’ and inserting ‘‘STATE ELIGIBLE’’; (B) in paragraph (6) by striking subparagraph (P); and (C) by adding at the end the following: ‘‘(7) TERRITORY ELIGIBLE PROJECTS.—Subject to approval by the Secretary, funds set aside for this program under section 104(b)(1) for the National Highway System may be obligated for projects eligible for assistance under the territorial highway program under section 215.’’. (2) FUNDING.—Section 104(b)(1)(A) of such title is amended by striking ‘‘to the Virgin Islands, Guam, American Samoa, and the Commonwealth of Northern Mariana Islands’’ and inserting ‘‘for the territorial highway program under section 215’’. (3) CLERICAL AMENDMENT.—The analysis for chapter 2 of such title is amended by striking the item relating to section 215 and inserting the following: ‘‘215. Territorial highway program.’’. SEC. 1119. FEDERAL LANDS HIGHWAYS.

(a) FEDERAL SHARE PAYABLE.— (1) IN GENERAL.—Section 120(k) of title 23, United States Code, is amended— (A) by striking ‘‘Federal-aid highway’’; and

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