Page:United States Statutes at Large Volume 119.djvu/1591

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1573

‘‘(iii) constructing new or improving existing public transportation facilities to accommodate clean fuel buses; and ‘‘(B) at the discretion of the Secretary, may include a project located in a nonattainment or maintenance area described in paragraph (4)(A) relating to clean fuel, biodiesel, hybrid electric, or zero emissions technology buses that exhibit equivalent or superior emissions reductions to existing clean fuel or hybrid electric technologies. ‘‘(3) MAINTENANCE AREA.—The term ‘maintenance area’ has the meaning such term has under section 101 of title 23. ‘‘(4) RECIPIENT.— ‘‘(A) IN GENERAL.—The term ‘recipient’ means a designated recipient (as defined in section 5307(a)(2)) for an area that, and a recipient for an urbanized area with a population of less than 200,000 that— ‘‘(i) is designated as a nonattainment area for ozone or carbon monoxide under section 107(d) of the Clean Air Act (42 U.S.C. 7407(d)); or ‘‘(ii) is a maintenance area for ozone or carbon monoxide. ‘‘(B) SMALLER URBANIZED AREAS.—In the case of an urbanized area with a population of less than 200,000, the State in which the area is located shall act as the recipient for the area under this section. ‘‘(b) AUTHORITY.—The Secretary shall make grants in accordance with this section to recipients to finance eligible projects. ‘‘(c) CLEAN DIESEL BUSES.—Not more than 25 percent of the amount made available by or appropriated under section 5338 in each fiscal year to carry out this section may be made available to fund clean diesel buses. ‘‘(d) GRANT REQUIREMENTS.— ‘‘(1) IN GENERAL.—A grant under this section shall be subject to the requirements of section 5307. ‘‘(2) GOVERNMENT’S SHARE OF COSTS FOR CERTAIN PROJECTS.—Section 5323(i) applies to projects carried out under this section. ‘‘(e) AVAILABILITY OF FUNDS.—Any amount made available or appropriated under this section— ‘‘(1) shall remain available to a project for 2 years after the fiscal year for which the amount is made available or appropriated; and ‘‘(2) that remains unobligated at the end of the period described in paragraph (1) shall be added to the amount made available in the following fiscal year.’’. (b) CONFORMING AMENDMENT.—The analysis for chapter 53 is amended by striking the item relating to section 5308 and inserting the following:

Applicability.

‘‘5308. Clean fuels grant program.’’. SEC. 3011. CAPITAL INVESTMENT GRANTS.

(a) IN GENERAL.—Section 5309 is amended to read as follows: ‘‘§ 5309. Capital investment grants ‘‘(a) DEFINITIONS.—In this section, the following definitions apply:

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