Page:United States Statutes at Large Volume 123.djvu/962

 123STA T .94 2 PUBLIC LA W 111 –8—M A R .11, 2 0 09 forexp e nditu re ,mayb e tran s ferred to and administered under t h e most re c ent appropriation headin g for any such section .SEC . 163 . N ot w ithstanding any other pro v ision of l aw, unobli - gated funds made available for new fixed guideway system pro j ects under the heading ‘ ‘ F ederal T ransit A dministration, C apital invest- ment grants ’ ’ in any appropriations Act prior to this Act may be used during this fiscal year to satisfy expenses incurred for such projects. SEC. 16 4 . D uring fiscal year 20 0 9, each Federal Transit Administration grant for a project that involves the ac q uisition or rehabilitation of a bus to be used in public transportation shall be funded for 90 percent of the net capital costs of a biodiesel bus or a factory-installed or retrofitted hybrid electric propulsion system and any equipment related to such a system
 * Provide

d , That the Secretary shall have the discretion to determine, through practicable administrative procedures, the costs attributable to the system and related-equipment. SEC. 16 5 . Notwithstanding any other provision of law, in regard to the Central L in kI nitial Segment P roject, to the extent that Federal funds remain available within the current budget for the project, the Secretary shall, immediately upon the date of enactment of this Act, amend the Full Funding G rant Agreement for said project to allow remaining Federal funds to be used to support completion of the Airport Link extension of said project. SEC. 166. Any unexpended funds in Federal Transit Administra- tion grant numbers K S – 03–001 8 and KS–03–0032 shall be made available, at the request of the State, for a bus rapid transit project and related capital purchases and facility improvements, in J ohnson County, Kansas City, KS under the terms and conditions required to carry out section 5309 ( b ) (3) of title 49, U nited States Code to the extent applicable. SEC. 16 7 . O f the balances available for this fiscal year to carry out 49 U.S.C. 5309(b) left to the discretion of the Secretary of Transportation, $ 100,000,000 are permanently rescinded. SEC. 168. None of the funds provided or limited under this Act may be used to issue a final regulation under section 5309 of title 49, United States Code, except that the Federal Transit Administration may continue to review comments received on the proposed rule (Docket No. FTA–2006–25737). SEC. 169. Funds made available for Alaska or H awaii ferry boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)( B ) may be used to construct new vessels and facilities, or to improve existing vessels and facilities, including both the passenger and vehicle-related elements of such vessels and facilities, and for repair facilities: Provided, That not more than $4,000,000 of the funds made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the City and County of Honolulu to operate a passenger ferry boat service demonstration project to test the viability of different intra-island ferry boat routes and technologies. SEC. 170. Notwithstanding any other provision of law, unobli- gated funds or recoveries under section 5309 of title 49, United States Code, that are available to the Secretary of Transportation for reallocation shall be directed to projects eligible to use the funds for the purposes for which they were originally provided. SEC. 171. Notwithstanding any other provision of law, the $2,695,000 appropriated for the Charlotte R apid Transit E xten- sion — Northeast Corridor Light Rail Project, North Carolina under Kans as .Co n tr a c ts.