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such funds shall be administered in accordance with sec-
tion 1117(g)(2) of the Safe, Accountable, Flexible, Effi-
cient Transportation Equity Act: A Legacy for Users. 
SEC. 123. Of the amounts made available under sec-
tion 104(a) of title 23, United States Code, $33,401,492 
are permanently rescinded. 
SEC. 124. Of the unobligated balances of funds made 
available in fiscal year 2005 and prior fiscal years for the 
implementation or execution of programs for transpor-
tation research, training and education, and technology 
deployment including intelligent transportation systems, 
$11,756,527 are permanently rescinded. 
SEC. 125. There is hereby appropriated to the Sec-
retary of Transportation $161,326,625 for surface trans-
portation priorities: Provided, That the amount provided 
by this section shall be made available for the programs, 
projects and activities identified under this section in the 
explanatory statement accompanying this Act: Provided 
further, That funds provided by this section, at the request 
of a State, shall be transferred by the Secretary to another 
Federal agency: Provided further, That the Federal share 
payable on account of any program, project, or activity 
carried out with funds set aside by this section shall be 
100 percent: Provided further, That the sums set aside by 
this section shall remain available until expended: Pro-
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vided 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. Not less than 15 days prior to waiving, 
under his or her statutory authority, any Buy America re-
quirement for Federal-aid highway projects, the Secretary 
of Transportation shall make an informal public notice 
and comment opportunity on the intent to issue such waiv-
er and the reasons therefor: Provided, That the Secretary 
shall provide an annual report to the Appropriations Com-
mittees of the Congress on any waivers granted under the 
Buy America requirements. 
SEC. 127. Notwithstanding any other provision of 
law, funds made available in Public Law 110–161 for 
‘‘Bridge over Broadway, Missoula to Rattlesnake National 
Recreation Area, MT’’ shall be available for a new pedes-
trian and bicycle-friendly at-grade crossing of East Broad-
way Street in Missoula, Montana. 
SEC. 128. (a) IN GENERAL.—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 authorize the imposition of any toll on any 
segment of highway located on the Federal-aid system in 
the State of Texas that— 
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(1) as of the date of enactment of this Act, is 
not tolled; 
(2) is constructed with Federal assistance pro-
vided under title 23, United States Code; and 
(3) is in actual operation as of the date of en-
actment of this Act. 
(b) EXCEPTIONS.— 
(1) NUMBER OF 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 seg-
ment, will have the same number of non-toll lanes as 
were in existence prior to that date. 
(2) HIGH-OCCUPANCY
VEHICLE
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 pur-
poses of determining whether a highway will have 
fewer non-toll lanes than prior to the date of imposi-
tion of the toll, if— 
(A) high-occupancy vehicles occupied by 
the number of passengers specified by the enti-
ty operating the toll lane may use the toll lane 
without paying a toll, unless otherwise specified 
by the appropriate county, town, municipal or 
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other local government entity, or public toll 
road or transit authority; or 
(B) each high-occupancy vehicle lane that 
was converted to a toll lane was constructed as 
a temporary lane to be replaced by a toll lane 
under a plan approved by the appropriate coun-
ty, town, municipal or other local government 
entity, or public toll road or transit authority. 
SEC. 129. (a) In the explanatory statement ref-
erenced in section 129 of division K of Public Law 110– 
161 (121 Stat. 2388), the item relating to ‘‘Route 116 
and Bay Road Intersection and Road Improvements, Am-
herst, MA’’ in the table of projects for such section 129 
is deemed to be amended by inserting ‘‘, including Bike, 
Pedestrian, or Other Off Road Paths’’ after ‘‘Improve-
ments’’. 
(b) In the explanatory statement referenced in section 
129 of division K of Public Law 110–161 (121 Stat. 
2388), the item relating to ‘‘Highway 77 Rail Grade Sepa-
ration, Marion, AR’’, in the table of projects for such sec-
tion 129 is deemed to be amended by striking ‘‘Highway 
77 Rail Grade Separation, Marion, AR’’ and inserting 
‘‘BNSF main line overpass within the Marion, Arkansas, 
planning jurisdiction’’. 
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