H. R. 1105—426 
claiming or seeking authority to operate as a railroad, unless the 
Board receives written assurance from the Governor, or the Gov-
ernor’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 environ-
mental standards for the activities described in subsection (b), 
other than zoning laws or regulations. 
(b) Activities referred to in subsection (a) are activities that 
occur at a solid waste rail transfer facility involving— 
(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 shredding). 
SEC. 193. None of the funds appropriated or otherwise 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. 
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 necessary to fulfill existing 
agreements between the Department of Transportation and metro-
politan areas under the ‘‘Urban Partnerships’’ and ‘‘Congestion- 
Reduction Demonstration’’ 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 Network’’ issued May 2006 by Secretary 
of Transportation, the Honorable Norman Mineta; also known as 
the ‘‘Congestion 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 expenses, including reimburse-
ment of previously incurred expenses, 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, 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, Incor-
porated 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.