The Consolidated Security, Disaster Assistance, and Continuing Appropriations Act of 2009 (P.L. 110-329, Ch. 10)

Public Law 110–329

110th Congress

An Act

Making appropriations for the Department of Homeland Security for the fiscal

year ending September 30, 2008, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Consolidated Security, Disaster

Assistance, and Continuing Appropriations Act, 2009’’.

CHAPTER 10—TRANSPORTATION AND HOUSING AND

URBAN DEVELOPMENT

DEPARTMENT OF TRANSPORTATION

FEDERAL HIGHWAY ADMINISTRATION

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

For an additional amount for the Emergency Relief Program

as authorized under section 125 of title 23, United States Code,

$850,000,000, to remain available until expended: Provided, That

notwithstanding section 125(d)(1) of such title, the Secretary of

Transportation may obligate more than $100,000,000 for eligible

expenses in a State in a fiscal year to respond to damage caused

by Hurricanes Gustav and Ike.

FEDERAL RAILROAD ADMINISTRATION

RAILROAD REHABILITATION AND REPAIR

For necessary expenses for the Secretary of Transportation

to make grants to repair and rehabilitate Class II and Class III

railroad infrastructure damaged by hurricanes, floods, and other

natural disasters in areas for which the President declared a major

disaster under title IV of the Robert T. Stafford Disaster Relief

and Emergency Assistance Act of 1974, $20,000,000, to remain

available until expended, and to be awarded to States on a competitive

case-by-case basis based on need: Provided, That funds available

under this heading shall be available for repair and rehabilitation

of railroad rights-of-way, bridges, signals, and other infrastructure

which is part of the general railroad system of transportation

and primarily used by railroads to move freight traffic: Provided further, That the maximum Federal share for carrying out a project under this heading shall be 80 percent of the project cost withthe non-Federal share provided only in cash, equipment or supplies: Provided further, That the Secretary may retain up to one-half

of 1 percent of the funds under this heading to fund the oversight

by the Administrator of the Federal Railroad Administration of

the design and implementation of projects funded by grants made

under this heading: Provided further, That the provisions of section

24312 of title 49, United States Code, shall apply to grantees

assisted under this heading: Provided further, That grantees must

exhaust all other Federal and State resources prior to seeking

assistance under this heading.

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