1023 
thority to operate as a railroad, unless the Board receives 
written assurance from the Governor, or the Governor’s 
designee, of the State in which such activity will occur that 
such railroad or entity has agreed to comply with State 
and local regulations that establish public health, safety, 
and environmental standards for the activities described 
in subsection (b), other than zoning laws or regulations. 
(b) Activities referred to in subsection (a) are activi-
ties that occur at a solid waste rail transfer facility involv-
ing— 
(1) the collection, storage, or transfer of solid 
waste (as defined in section 1004 of the Solid Waste 
Disposal Act (42 U.S.C. 6903)) outside of original 
shipping containers; or 
(2) the separation or processing of solid waste 
(including baling, crushing, compacting, and shred-
ding). 
SEC. 193. None of the funds appropriated or other-
wise made available under this Act may be used by the 
Surface Transportation Board of the Department of 
Transportation to charge or collect any filing fee for rate 
complaints filed with the Board in an amount in excess 
of the amount authorized for district court civil suit filing 
fees under section 1914 of title 28, United States Code. 
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1024 
SEC. 194. Of the funds made available or limited by 
this Act, which are not otherwise allocated under this Act 
or under SAFETEA–LU (Public Law 109–59) or nec-
essary to fulfill existing agreements between the Depart-
ment of Transportation and metropolitan areas under the 
‘‘Urban Partnerships’’ and ‘‘Congestion-Reduction Dem-
onstration’’ programs, not more than 10 percent of such 
funds for any program that is allocated at the discretion 
of the Secretary may be expended in furtherance of the 
Department of Transportation’s ‘‘National Strategy to 
Reduce Congestion on America’s Transportation Net-
work’’ issued May 2006 by Secretary of Transportation, 
the Honorable Norman Mineta; also known as the ‘‘Con-
gestion Initiative’’ or any other new congestion initiative. 
SEC. 195. Of the funds available for Ferry Boats and 
Ferry Terminal Facilities, $950,000 shall be for Missouri 
River, Route 240, Saline and Howard Counties for ex-
penses, including reimbursement of previously incurred ex-
penses, for alternative transportation (including ferryboat 
service) during bridge replacement. 
SEC. 196. Notwithstanding any other provision of 
law, the State of New Mexico may use funds apportioned 
to the State under section 104(b)(2) of title 23, United 
States Code, for the congestion mitigation and air quality 
improvement program under section 149 of title 23, 
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United States Code, to support the operation of commuter 
rail service between Belen and Bernalillo, New Mexico. 
SEC. 197. Notwithstanding any other provision of 
law, funds made available in fiscal years 2006 through 
2009 for item number 598 in section 3044(a) of Public 
Law 109–59 that are unobligated or unexpended in a 
grant shall be made available to OATS, Incorporated for 
buses and bus-related facilities. 
SEC. 198. Notwithstanding any other provision of 
law, funds made available in fiscal years 2006 through 
2009 for item number 1152 in section 1702 of Public Law 
109–59 that are unobligated or unexpended shall be made 
available for maintenance, repair and reconstruction of the 
Tucker Bridge in the City of St. Louis, Missouri. 
SEC. 199. Notwithstanding any other provision of 
law, section 198 of division K of Public Law 110–161 shall 
continue in effect during fiscal year 2009. 
This title may be cited as the ‘‘Department of Trans-
portation Appropriations Act, 2009’’. 
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TITLE II 
DEPARTMENT OF HOUSING AND URBAN 
DEVELOPMENT 
MANAGEMENT AND ADMINISTRATION 
EXECUTIVE DIRECTION 
For necessary salaries and expenses for Executive Di-
rection, $23,799,456, of which not to exceed $3,885,581 
shall be available for the immediate Office of the Secretary 
and Deputy Secretary; not to exceed $1,613,898 shall be 
available for the Office of Hearings and Appeals; not to 
exceed $544,552 shall be available for the Office of Small 
and Disadvantaged Business Utilization; not to exceed 
$720,343 shall be available for the immediate Office of 
the Chief Financial Officer; not to exceed $1,516,800 shall 
be available for the immediate Office of the General Coun-
sel; not to exceed $2,715,488 shall be available to the Of-
fice of the Assistant Secretary for Congressional and 
Intergovernmental Relations; not to exceed $2,586,721 
shall be available for the Office of the Assistant Secretary 
for Public Affairs; not to exceed $1,005,120 shall be avail-
able for the Office of the Assistant Secretary for Adminis-
tration; not to exceed $1,602,655 shall be available to the 
Office of the Assistant Secretary for Public and Indian 
Housing; not to exceed $1,707,499 shall be available to 
the Office of the Assistant Secretary for Community Plan-
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1027 
ning and Development; not to exceed $3,778,560 shall be 
available to the Office of the Assistant Secretary for Hous-
ing, Federal Housing Commissioner; not to exceed 
$1,431,212 shall be available to the Office of the Assistant 
Secretary for Policy Development and Research; and not 
to exceed $691,027 shall be available to the Office of the 
Assistant Secretary for Fair Housing and Equal Oppor-
tunity: Provided, That the Secretary of the Department 
of Housing and Urban Development is authorized to 
transfer funds appropriated for any office funded under 
this heading to any other office funded under this heading 
following the written notification to the House and Senate 
Committees on Appropriations: Provided further, That no 
appropriation for any office shall be increased or de-
creased by more than 5 percent by all such transfers: Pro-
vided further, That notice of any change in funding greater 
than 5 percent shall be submitted for prior approval to 
the House and Senate Committees on Appropriations: 
Provided further, That the Secretary shall provide the 
Committees on Appropriations quarterly written notifica-
tion regarding the status of pending congressional reports: 
Provided further, That the Secretary shall provide all 
signed reports required by Congress electronically: Pro-
vided further, That not to exceed $25,000 of the amount 
made available under this paragraph for the immediate 
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