Page:United States Statutes at Large Volume 119.djvu/1267

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1249

an estimated completion date for, the project that is the subject of the certification. (d) AUTHORITY TO OBLIGATE.—Notwithstanding the original source or period of availability of eligible funds, the Secretary may, on the request by a State— (1) obligate the funds for any eligible purpose under section 133 of title 23, United States Code; or (2)(A) deobligate the funds; and (B) reobligate the funds for any eligible purpose under that section. (e) APPLICABILITY.— (1) IN GENERAL.—Subject to paragraph (2), this section applies only to eligible funds. (2) DISCRETIONARY ALLOCATIONS; SECTION 125 PROJECTS.— This section does not apply to funds that are— (A) allocated at the discretion of the Secretary and for which the Secretary has the authority to withdraw the allocation for use on other projects; or (B) made available to carry out projects under section 125 of title 23, United States Code. (f) PERIOD OF AVAILABILITY; TITLE 23 REQUIREMENTS.— (1) IN GENERAL.—Notwithstanding the original source or period of availability of eligible funds obligated, or deobligated and reobligated, under subsection (d), the eligible funds— (A) shall remain available for obligation for a period of 3 fiscal years after the fiscal year in which this Act is enacted; and (B) except as provided in paragraph (2), shall be subject to the requirements of title 23, United States Code, that apply to section 133 of that title, including provisions relating to Federal share. (2) EXCEPTION.—With respect to eligible funds described in paragraph (1)— (A) section 133(d) of title 23, United States Code, shall not apply; and (B) the period of availability of the eligible funds shall be determined in accordance with this section. (g) REPORT.—Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing any action taken by the Secretary under this section. (h) SENSE OF CONGRESS REGARDING USE OF ELIGIBLE FUNDS.— It is the sense of Congress that eligible funds made available under this Act or title 23, United States Code, should be available for obligation for transportation projects and activities in the same geographic region for which the eligible funds were initially made available. SEC. 1604. TOLLING.

(a) VALUE PRICING PILOT PROGRAM.—Section 1012(b)(8) of the Intermodal Surface Transportation Efficiency Act of 1991 (23 U.S.C. 149 note; 105 Stat. 1938) is amended— (1) by redesignating subparagraphs (A) and (B) as subparagraphs (C) and (D), respectively; and

VerDate 14-DEC-2004

13:51 Oct 26, 2006

Jkt 039194

PO 00002

Frm 00106

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL002.119

APPS06

PsN: PUBL002

�