Page:United States Statutes at Large Volume 119.djvu/1266

 119 STAT. 1248

PUBLIC LAW 109–59—AUG. 10, 2005 (A) by striking the headings for subchapters I and II; and (B) by striking the items relating to sections 181 through 189. (2) TABLE OF CHAPTERS.—The table of chapters for such title is amended by inserting after the item relating to chapter 5 the following:

‘‘6. Infrastructure Finance ..................................................................................... 601.’’. 23 USC 118 note.

SEC. 1603. USE OF EXCESS FUNDS AND FUNDS FOR INACTIVE PROJECTS.

(a) DEFINITIONS.—In this section, the following definitions apply: (1) ELIGIBLE FUNDS.— (A) IN GENERAL.—The term ‘‘eligible funds’’ means excess funds or inactive funds for a specific transportation project or activity that were— (i) allocated before fiscal year 1991; and (ii) designated in a public law, or a report accompanying a public law, for allocation for the specific surface transportation project or activity. (B) INCLUSION.—The term ‘‘eligible funds’’ includes funds described in subparagraph (A) that were allocated and designated for a demonstration project. (2) EXCESS FUNDS.—The term ‘‘excess funds’’ means— (A) funds obligated for a specific transportation project or activity that remain available for the project or activity after the project or activity has been completed or canceled; or (B) an unobligated balance of funds allocated for a transportation project or activity that the State in which the project or activity was to be carried out certifies are no longer needed for the project or activity. (3) INACTIVE FUNDS.—The term ‘‘inactive funds’’ means— (A) an obligated balance of Federal funds for an eligible transportation project or activity against which no expenditures have been charged during any 1-year period beginning after the date of obligation of the funds; and (B) funds that are available to carry out a transportation project or activity in a State, but, as certified by the State, are unlikely to be advanced for the project or activity during the 1-year period beginning on the date of certification. (b) AVAILABILITY FOR STP PURPOSES.—Eligible funds shall be— (1) made available in accordance with this section to the State that originally received the funds; and (2) available for obligation for any eligible purpose under section 133 of title 23, United States Code. (c) RETENTION FOR ORIGINAL PURPOSE.— (1) IN GENERAL.—The Secretary may determine that eligible funds identified as inactive funds shall remain available for the purpose for which the funds were initially made available if the applicable State certifies that the funds are necessary for that initial purpose. (2) REPORT.—A certification provided by a State under paragraph (1) shall include a report on the status of, and

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