H. R. 4818—419
expended: Provided, That no more than $125,000,000 of budget
authority shall be available for these purposes: Provided further,
That up to $300,000 of the funds provided under this heading
may be used by the Federal Transit Administration for technical
assistance and support and performance reviews of the Job Access
and Reverse Commute Grants program.
GENERAL PROVISIONS—FEDERAL TRANSIT ADMINISTRATION
SEC. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
SEC. 161. Notwithstanding any other provision of law, and
except for fixed guideway modernization projects, funds made avail-
able by this Act under ‘‘Federal Transit Administration, Capital
investment grants’’ for projects specified in this Act or identified
in reports accompanying this Act not obligated by September 30,
2007, and other recoveries, shall be made available for other projects
under 49 U.S.C. 5309.
SEC. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2004, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 163. None of the funds in this Act shall be available
to any Federal transit grantee after February 1, 2004, involved
directly or indirectly, in any activity that promotes the legalization
or medical use of any substance listed in schedule I of section
202 of the Controlled Substances Act (21 U.S.C. 812 et seq.).
SEC. 164. From unobligated balances in the Federal Transit
Administration’s Discretionary Grants account, not to exceed
$72,792,311 shall be transferred as follows: to the Federal Transit
Administration’s 
Formula 
Grants 
account, 
not 
to 
exceed
$42,190,828; and to the Interstate Transfer Grants—Transit
account, not to exceed $30,601,483: Provided, That these unobli-
gated balances are used, together with Formula Grant funds that
are available for reapportionment in such account, to restore obliga-
tion authority reduced due to a prior deficiency.
SEC. 165. Funds made available for Alaska or Hawaii 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 $3,000,000 of the funds
made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used
by the State of Hawaii to initiate and operate a passenger ferryboat
services demonstration project to test the viability of different intra-
island and inter-island ferry boat routes and technology: Provided
further, That notwithstanding 49 U.S.C. 5302(a)(7), funds made
available for Alaska or Hawaii ferry boats may be used to acquire
passenger ferry boats and to provide passenger ferry transportation
services within areas of the State of Hawaii under the control
or use of the National Park Service.
SEC. 166. Notwithstanding any other provision of law, unobli-
gated funds made available for a new fixed guideway systems
projects under the heading ‘‘Federal Transit Administration, Capital
Investment Grants’’ in any appropriations act prior to this Act
H. R. 4818—420
may be used during this fiscal year to satisfy expenses incurred
for such projects.
SEC. 167. The Secretary shall continue the pilot program
authorized under section 166 of the Consolidated Appropriations
Act, 2004, Public Law 108–199; 118 Stat. 309, for cooperative
procurement of major capital equipment under sections 5307, 5309,
and 5311. The program shall be administered as required under
subsections (b) through (g) of section 166, except that there shall
be five pilot projects: Provided, That the Secretary shall evaluate
all proposals based on selection criteria set forth in the announce-
ment of the program and request for proposals (Federal Register
Notice—Vol. 69, No. 120, Page 35127, June 23, 2004). All proposed
projects shall be evaluated and the proposing party shall receive
notification of acceptance or denial by no later than 90 days after
the Secretary receives a request for review of a proposed project:
Provided further, That not later than 30 days after delivery of
the base order under each of the five pilot projects, the Secretary
shall submit to the House and Senate Committees on Appropria-
tions a report on the results of that pilot project. Each report
shall evaluate any savings realized through the cooperative procure-
ment and the benefits of incorporating cooperative procurement,
as shown by that project, into the mass transit program as a
whole.
SEC. 168. Amounts made available under chapter 53 of title
49, United States Code, and section 1108 of Public Law 102–
240 to the Port Authority of Allegheny County for the Airport
Busway/Wabash HOV Facility project that remain unexpended may
be used by the Port Authority for the purchase of buses and bus-
related equipment in accordance with 49 U.S.C. 5309.
SEC. 169. Notwithstanding any other provision of law, any
unobligated funds made available under the bus category of the
Capital Investment Account in prior fiscal year Appropriations Act
for the Greater New Haven Transit District Fuel Cell and Electric
Bus project or CNG/alternative fuel vehicle project shall be trans-
ferred to and administered under the Transit Planning and
Research account, subject to such terms and conditions as the
Secretary deems appropriate.
SEC. 170. Notwithstanding any other provision of law, any
unobligated funds made available to the Matanuska Susitna Bor-
ough under ‘‘Federal Transit Administration, Buses and Bus Facili-
ties’’ shall be available for expenditure on ferry boat and ferry
facilities and related expenses as part of the Port MacKenzie Inter-
modal Facility project.
SEC. 171. Notwithstanding any other provision of law,
$8,900,000 of the funds made available under the new fixed guide-
way systems category of the Capital Investment Grants account
in Public Law 107–87 for the ‘‘Honolulu, Hawaii, bus rapid transit
project’’ shall be made available to the city and county of Honolulu
for replacement, rehabilitation, and purchase of buses and related
equipment and the construction of bus-related facilities under 49
U.S.C. 5309 and shall remain available to the city and county
of Honolulu for those purposes until expended: Provided, That any
remaining unobligated balance from said project in Public Law
107–87 shall be transferred for any eligible activity under title
23, United States Code, and administered under that title, for
use on improvements to the Kapolei Interchange Complex and
shall remain available until expended: Provided further, That funds
H. R. 4818—421
made available in Public Law 108–10 for ‘‘Hawaii: BRT Systems,
Appurtenances and Facilities’’ shall be generally available for bus
and bus facilities by the city and county of Honolulu.
SEC. 172. Notwithstanding any other provision of law, the
Navy may receive funds from the State of Hawaii for the procure-
ment of passenger ferry boats to provide passenger ferry transpor-
tation services for the Arizona War Memorial.
SEC. 173. The Federal Transit Administration is directed to
comply with section 3042 of the Federal Transit Act of 1998 (Public
Law 105–178, as amended; 112 Stat. 338) and is further directed
to comply with the associated Committee report language contained
in House Report 108–401, accompanying H.R. 2673, pages 997–
998.
SEC. 174. Hereafter, notwithstanding any other provision of
law, for the purpose of calculating the non-New Starts share of
the total project cost of both phases of San Francisco Muni’s Third
Street Light Rail Transit project, the Secretary of Transportation
shall include all non-New Starts contributions made towards Phase
1 of the two-phase project for engineering, final design and construc-
tion, and also shall allow non-New Starts funds expended on one
element or phase of the project to be used to meet the non-New
Starts share requirement of any element or phase of the project:
Provided further, That none of the funds provided in this Act
for the San Francisco Muni Third Street Light Rail Transit Project
shall be obligated if the Federal Transit Administration determines
that the project is found to be ‘‘not recommended’’ after evaluation
and computation of revised transportation system user benefit data.
SEC. 175. Funds made available for the Burlington-Bennington,
Vermont Commuter Rail project in Public Law 106–346, the Bur-
lington-Middlebury, Vermont Commuter Rail project and Vermont
Transportation Authority Rolling Stock in Public Law 108–7 that
remain unobligated, and funds made available for the Burlington-
Essex, Vermont commuter rail project in Public Laws 105–277
and 105–66 that remain unexpended shall be transferred to the
Federal Railroad Administration and made available to upgrade
and improve the publicly-owned Vermont Rail Infrastructure from
Bennington to Burlington with a northern terminus in Essex Junc-
tion: Provided, That the Federal share shall be 80 percent of the
total cost of the project and funds shall remain available until
expended.
SEC. 176. Notwithstanding any other provision of law, any
unobligated funds designated to the Oklahoma Transit Association
on pages 1305 through 1307 of the Joint Explanatory Statement
of the Committee of Conference for Public Law 108–7 may be
made available to the Metropolitan Tulsa Transit Authority and
the Central Oklahoma Transportation and Parking Authority for
any project or activity authorized under section 3037 of Public
Law 105–178 upon receipt of an application.
SEC. 177. Notwithstanding 49 U.S.C. 5336, any funds remaining
available under Federal Transit Administration grant numbers NY–
03–345–00, NY–03–0325–00, NY–03–0405, NY–90–X398–00, NY–
90–X373–00, NY–90–X418–00, NY–90–X465–00 together with an
amount not to exceed $19,200,000 in urbanized area formula funds
that were allocated by the New York Metropolitan Transportation
Council to the New York City Department of Transportation as
a designated recipient under 49 U.S.C. 5307 may be made available
to the New York Metropolitan Transportation Authority for eligible