Page:United States Statutes at Large Volume 119.djvu/1586

 119 STAT. 1568

PUBLIC LAW 109–59—AUG. 10, 2005

‘‘(h) AVAILABILITY OF FUNDS.—Funds apportioned under this section to a State that have not been obligated in the 3-year period beginning after the last day of the fiscal year for which the funds are authorized shall be reapportioned among the States.’’. (b) CHAPTER ANALYSIS.—The analysis for chapter 53 is amended by striking the item relating to section 5305 and inserting the following: ‘‘5305. Planning programs.’’. SEC. 3008. PRIVATE ENTERPRISE PARTICIPATION.

Section 5306(a) is amended by inserting ‘‘, as determined by local policies, criteria, and decisionmaking,’’ after ‘‘feasible’’. SEC. 3009. URBANIZED AREA FORMULA GRANTS.

(a) TECHNICAL AMENDMENTS.—Section 5307 is amended— (1) by striking subsections (h), (j) and (k); and (2) by redesignating subsections (i), (l), (m), and (n) as subsections (h), (i), (j), and (k), respectively. (b) DEFINITIONS.— (1) ASSOCIATED CAPITAL MAINTENANCE ITEMS.—Section 5307(a)(1) is amended— (A) by striking ‘‘means equipment, tires,’’ and inserting ‘‘means— ‘‘(A) equipment, tires,’’; (B) in subparagraph (A) (as so designated) by striking the period at the end and inserting ‘‘; and’’; and (C) by adding at the end the following: ‘‘(B) reconstruction of equipment and material, each of which after reconstruction will have a fair market value of at least .5 percent of the current fair market value of rolling stock comparable to the rolling stock for which the equipment and material will be used.’’. (2) DESIGNATED RECIPIENT.—Section 5307(a)(2)(A) is amended to read as follows: ‘‘(A) an entity designated, in accordance with the planning process under sections 5303, 5304, and 5306, by the chief executive officer of a State, responsible local officials, and publicly owned operators of public transportation, to receive and apportion amounts under section 5336 that are attributable to transportation management areas identified under section 5303; or’’. (c) GENERAL AUTHORITY.—Section 5307(b) is amended— (1) by striking paragraph (1) and inserting the following: ‘‘(1) GRANTS.—The Secretary may make grants under this section for— ‘‘(A) capital projects and associated capital maintenance items; ‘‘(B) planning; ‘‘(C) transit enhancements; ‘‘(D) operating costs of equipment and facilities for use in public transportation in an urbanized area with a population of less than 200,000; ‘‘(E) operating costs of equipment and facilities for use in public transportation in a portion or portions of an urbanized area with a population of at least 200,000, but not more than 225,000, if—

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