Page:United States Statutes at Large Volume 123.djvu/948

 123STA T .9 2 8PUBLIC LA W 111 – 8 —M A R .11, 2 0 09 education, and tec h no l o gy de p loy m ent including intelligent t r an s portation systems, $1 1, 756 ,5 2 7 are permanently rescinded .SEC . 125. T here is here b y appropriated to the Secretary o f Transportation $161, 3 26,625 for surface transportation priorities
 * Provide

d , That the amount pro v ided by this section shall be made available for the programs, pro j ects and activities identified under this section in the e x planatory statement accompanying this A ct: Provided fu r th er, That funds provided by this section, at the re q uest of a State, shall be transferred by the Secretary to another F ederal agency: Provided further, That the Federal share payable on account of any program, project, or activity carried out w ith funds set aside by this section shall be 1 0 0 percent: Provided further, That the sums set aside by this section shall remain available until expended: Provided further, That none of the funds set aside by this section shall be subject to any limitation on obligations for Federal - aid highways and highway safety construction programs set forth in this Act or any other Act. SEC. 126. N ot less than 15 days prior to waiving, under his or her statutory authority, any B uy America requirement for Fed- eral-aid highway projects, the Secretary of Transportation shall ma k e an informal public notice and comment opportunity on the intent to issue such waiver and the reasons therefor: Provided, That the Secretary shall provide an annual report to the Appropria- tions C ommittees of the Congress on any waivers granted under the Buy America requirements. SEC. 127. Notwithstanding any other provision of law, funds made available in P ublic L aw 110 – 161 for ‘ ‘Bridge over Broadway, M issoula to R attlesnake National Recreation Area, MT ’ ’ shall be available for a new pedestrian and bicycle-friendly at-grade crossing of E ast Broadway Street in Missoula, Montana. SEC. 12 8 . ( a )ING ENE RAL . — Except as provided in subsection (b), none of the funds made available, limited, or otherwise affected by this Act shall be used to approve or otherwise authori z e the imposition of any toll on any segment of highway located on the Federal-aid system in the State of Texas that— (1) as of the date of enactment of this Act, is not tolled (2) is constructed with Federal assistance provided under title 23, U nited States Code; and (3) is in actual operation as of the date of enactment of this Act. (b) E X CE PTIO N S .— (1) N UMB ERO F TOLL LANES.—Subsection (a) shall not apply to any segment of highway on the Federal-aid system described in that subsection that, as of the date on which a toll is imposed on the segment, will have the same number of non- toll lanes as were in existence prior to that date. (2) H I GH -OCCUPANC YV EHICLE LANES.—A high-occupancy vehicle lane that is converted to a toll lane shall not be subject to this section, and shall not be considered to be a non-toll lane for purposes of determining whether a highway will have fewer non-toll lanes than prior to the date of imposition of the toll, if— (A) high-occupancy vehicles occupied by the number of passengers specified by the entity operating the toll lane may use the toll lane without paying a toll, unless Texas.Mont ana. R e p o r ts. D ea dli ne. N oti c e. Pub lic co m ments. 23USC 3 1 3 note.