Page:United States Statutes at Large Volume 119.djvu/1641

 PUBLIC LAW 109–59—AUG. 10, 2005

119 STAT. 1623

year, the Secretary may use not more than the following amounts to make contracts for the activities described in paragraph (2): ‘‘(A) 0.5 percent of amounts made available to carry out section 5305. ‘‘(B) 0.75 percent of amounts made available to carry out section 5307. ‘‘(C) 1 percent of amounts made available to carry out section 5309. ‘‘(D) 0.5 percent of amounts made available to carry out section 5310. ‘‘(E) 0.5 percent of amounts made available to carry out section 5311. ‘‘(F) 0.5 percent of amounts made available to carry out section 5320. ‘‘(2) ACTIVITIES.—Paragraph (1) shall apply to the following: ‘‘(A) Activities to oversee the construction of a major project. ‘‘(B) Activities to review and audit the safety and security, procurement, management, and financial compliance of a recipient or subrecipient of funds under sections 5305, 5307, 5309, 5310, 5311, and 5320. ‘‘(C) Activities to provide technical assistance to correct deficiencies identified in compliance reviews and audits carried out under this section. ‘‘(3) LIMITATIONS ON APPLICABILITY.—Subsections (a), (b), and (e) do not apply to contracts under this section for activities described in paragraphs (2)(B) and (2)(C). ‘‘(4) GOVERNMENT’S SHARE OF COSTS.—The Government shall pay the entire cost of carrying out a contract under this subsection. ‘‘(5) AVAILABILITY OF CERTAIN FUNDS.—Beginning in fiscal year 2006, funds available under paragraph (1)(C) shall be made available to the Secretary before allocating the funds appropriated to carry out any project under a full funding grant agreement or project construction grant agreement.’’.

Applicability.

SEC. 3027. PROJECT REVIEW.

Section 5328(a) is amended— (1) in paragraph (1) by striking ‘‘(1) When the Secretary of Transportation allows a new fixed guideway project to advance into the alternatives analysis stage of project review, the Secretary shall cooperate with the applicant in’’ and inserting the following: ‘‘(1) ALTERNATIVES ANALYSIS.—The Secretary shall cooperate with an applicant undertaking an alternatives analysis required by subsections (d) and (e) of section 5309 in the’’; and (2) in paragraph (2)— (A) by striking ‘‘(2) After’’ and inserting the following: ‘‘(2) ADVANCEMENT TO PRELIMINARY ENGINEERING STAGE.— After’’; and (B) by striking ‘‘is consistent with section 5309(e)’’ and inserting ‘‘meets the requirements of subsection (d) or (e) of section 5309’’; (3) in paragraph (3)—

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