Page:United States Statutes at Large Volume 123.djvu/3085

 123STA T . 3 065PUBLIC LA W 111 – 11 7—DE C. 16 , 200 9facil i t i es:Provide d ,Th at no t m o r e than $4, 0 00,000 of the f u n d s made a v aila b le p ursuant to 4 9U.S. C . 53 09 ( m ) ( 2 )( B )ma y be used by the City and County of H onolulu to operate a passen g er ferry boat service demonstration pro j ect to test the viability of different intra - island ferry boat routes and technologies. S EC . 168 . I n determining the local share of the cost of the project authori z ed to be carried out under section 3043(c)( 7 0) of the Safe, A ccountable, F le x ible, E fficient Transportation E q uity Act: A L egacy for Users ( P ublic La w 109 – 59 119 Stat. 1644) for purposes of the rating process for N ew Starts projects, the Secretary shall consider any portion of the corridor advanced entirely with non- Federal funds. SEC. 169. The Secretary of Transportation shall provide rec- ommendations to Congress, including legislative proposals, on how to strengthen its role in regulating the safety of transit agencies operating heavy rail on fixed guideway: Provided, That the Sec- retary shall include actions the D epartment of Transportation will ta k e and what additional legislative authorities it may need in order to fully implement recommendations of the National Transpor- tation Safety Board directed at the Federal Transit Administration, including but not limited to recommendations related to crash- worthiness, emergency access and egress, event recorders, and hours of service: Provided fu r th er, That the Secretary shall transmit to the House and Senate Committees on Appropriations, the House Committee on Transportation and Infrastructure, and the Senate Committee on Banking, Housing, and Urban Affairs a report out- lining these recommendations and a plan for their implementation by the Department of Transportation no later than 45 days after enactment of this Act. SEC. 170. Notwithstanding any other provision of law, the Secretary of Transportation shall not reallocate any funding made available for items 523, 267, and 131 of section 3044 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (Public Law 109–59). SEC. 171. Notwithstanding any other provision of law, for fiscal year 2010, the total estimated amount of future obligations of the G overnment and contingent commitments to incur obligations covered by all outstanding full funding grant agreements entered into on or before September 30, 2009, and all outstanding letters of intent and early systems work agreements under subsection 5309(g) of Title 49, United States Code, for major new fixed guide- way capital projects may be not more than the sum of the amount authorized under subsections 5338(a)(3)(iv) and 5338(c) of such title for such projects and an amount equivalent to the last 3 fiscal years of funding allocated under subsections 5309(m)(1)(A) and (m)(2)(A)(ii) of such title, for such projects, less an amount the Secretary reasonably estimates is necessary for grants under subsection 5309(b)(1) of such title for those of such projects that are not covered by a letter or agreement: Provided, That the Sec- retary may enter into full funding grant agreements under sub- section 5309(g)(2) of such title for major new fixed guideway capital projects that contain contingent commitments to incur obligations in such amounts as the Secretary determines are appropriate. SEC. 172. None of the funds provided or limited under this Act may be used to enforce regulations related to charter bus service under part 604 of title 49, Code of Federal R egulations, for any transit agency who during fiscal year 2008 was both initially Det e rmina ti o n .R e p ort s . I mp l ementation plan. Dea d line. Re c ommenda - tions.