Page:United States Statutes at Large Volume 119.djvu/1257

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1239

‘‘(i) do not preclude a State transportation department or local transportation agency, prior to compliance with section 102 of the National Environmental Policy Act of 1969 (42 U.S.C. 4332), from— ‘‘(I) issuing requests for proposals; ‘‘(II) proceeding with awards of design-build contracts; or ‘‘(III) issuing notices to proceed with preliminary design work under design-build contracts; ‘‘(ii) require that the State transportation department or local transportation agency receive concurrence from the Secretary before carrying out an activity under clause (i); and ‘‘(iii) preclude the design-build contractor from proceeding with final design or construction of any permanent improvement prior to completion of the process under such section 102.’’.

Subtitle F—Finance SEC.

1601.

TRANSPORTATION INFRASTRUCTURE INNOVATION ACT AMENDMENTS.

FINANCE

AND

(a) DEFINITIONS.—Section 181 of title 23, United States Code, is amended— (1) in paragraph (3) by striking ‘‘category’’ and ‘‘offered into the capital markets’’; (2) by striking paragraph (7) and redesignating paragraphs (8) through (15) as paragraphs (7) through (14), respectively; (3) in paragraph (8) (as redesignated by paragraph (2) of this subsection)— (A) in subparagraph (B) by striking the period at the end and inserting a semicolon; and (B) by striking subparagraph (D) and inserting the following: ‘‘(D) a project that— ‘‘(i) is a project— ‘‘(I) for a public freight rail facility or a private facility providing public benefit for highway users; ‘‘(II) for an intermodal freight transfer facility; ‘‘(III) for a means of access to a facility described in subclause (I) or (II); ‘‘(IV) for a service improvement for a facility described in subclause (I) or (II) (including a capital investment for an intelligent transportation system); or ‘‘(V) that comprises a series of projects described in subclauses (I) through (IV) with the common objective of improving the flow of goods; ‘‘(ii) may involve the combining of private and public sector funds, including investment of public funds in private sector facility improvements; and ‘‘(iii) if located within the boundaries of a port terminal, includes only such surface transportation infrastructure modifications as are necessary to facilitate direct intermodal interchange, transfer, and access into and out of the port.’’; and

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