Consolidated Appropiations Language

(Exhibit B) consolidated_appriations_act_FY_2010.pdf

National Infrastructure Investment Grant Program

Consolidated Appropiations Language

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123 STAT. 3036
Transfer
authority.

Notification.

PUBLIC LAW 111–117—DEC. 16, 2009

Officer: Provided, That the Secretary of Transportation is authorized
to transfer funds appropriated for any office of the Office of the
Secretary to any other office of the Office of the Secretary: Provided
further, That no appropriation for any office shall be increased
or decreased by more than 5 percent by all such transfers: Provided
further, That notice of any change in funding greater than 5 percent
shall be submitted for approval to the House and Senate Committees on Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official reception
and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law,
excluding fees authorized in Public Law 107–71, there may be
credited to this appropriation up to $2,500,000 in funds received
in user fees: Provided further, That none of the funds provided
in this Act shall be available for the position of Assistant Secretary
for Public Affairs.
NATIONAL INFRASTRUCTURE INVESTMENTS

Grants.

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Grants.

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For capital investments in surface transportation infrastructure, $600,000,000, to remain available through September 30, 2012:
Provided, That the Secretary of Transportation shall distribute
funds provided under this heading as discretionary grants to be
awarded to a State, local government, transit agency, or a collaboration among such entities on a competitive basis for projects that
will have a significant impact on the Nation, a metropolitan area,
or a region: Provided further, That projects eligible for funding
provided under this heading shall include, but not be limited to,
highway or bridge projects eligible under title 23, United States
Code; public transportation projects eligible under chapter 53 of
title 49, United States Code; passenger and freight rail transportation projects; and port infrastructure investments: Provided further, That in distributing funds provided under this heading, the
Secretary shall take such measures so as to ensure an equitable
geographic distribution of funds, an appropriate balance in
addressing the needs of urban and rural areas, and the investment
in a variety of transportation modes: Provided further, That a
grant funded under this heading shall be not less than $10,000,000
and not greater than $200,000,000: Provided further, That not
more than 25 percent of the funds made available under this
heading may be awarded to projects in a single State: Provided
further, That the Federal share of the costs for which an expenditure
is made under this heading shall be, at the option of the recipient,
up to 80 percent: Provided further, That the Secretary shall give
priority to projects that require a contribution of Federal funds
in order to complete an overall financing package: Provided further,
That not less than $140,000,000 of the funds provided under this
heading shall be for projects located in rural areas: Provided further,
That for projects located in rural areas, the minimum grant size
shall be $1,000,000 and the Secretary may increase the Federal
share of costs above 80 percent: Provided further, That of the
amount made available under this heading, the Secretary may
use an amount not to exceed $150,000,000 for the purpose of paying
the subsidy and administrative costs of projects eligible for federal
credit assistance under chapter 6 of title 23, United States Code,
if the Secretary finds that such use of the funds would advance
the purposes of this paragraph: Provided further, That of the

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PUBLIC LAW 111–117—DEC. 16, 2009

123 STAT. 3037

amount made available under this heading, the Secretary may
use an amount not to exceed $35,000,000 for the planning, preparation or design of projects eligible for funding under this heading:
Provided further, That projects conducted using funds provided
under this heading must comply with the requirements of subchapter IV of chapter 31 of title 40, United States Code: Provided
further, That the Secretary shall publish criteria on which to base
the competition for any grants awarded under this heading no
sooner than 60 days after enactment of this Act, require applications
for funding provided under this heading to be submitted no sooner
than 120 days after the publication of such criteria, and announce
all projects selected to be funded from funds provided under this
heading no sooner than September 15, 2010: Provided further, That
the Secretary may retain up to $25,000,000 of the funds provided
under this heading, and may transfer portions of those funds to
the Administrators of the Federal Highway Administration, the
Federal Transit Administration, the Federal Railroad Administration and the Federal Maritime Administration, to fund the award
and oversight of grants made under this heading.

Publication.
Criteria.
Time periods.

FINANCIAL MANAGEMENT CAPITAL

For necessary expenses for upgrading and enhancing the
Department of Transportation’s financial systems and reengineering business processes, $5,000,000, to remain available
until expended.
OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights, $9,667,000.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT

For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $16,168,000.

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WORKING CAPITAL FUND

For necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $147,596,000, shall
be paid from appropriations made available to the Department
of Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the
Department shall be transferred to the Working Capital Fund without the approval of the agency modal administrator: Provided further, That no assessments may be levied against any program,
budget activity, subactivity or project funded by this Act unless
notice of such assessments and the basis therefor are presented
to the House and Senate Committees on Appropriations and are
approved by such Committees.

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Notification.

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File TitlePUBL117.PS
File Modified2011-07-15
File Created2011-07-15

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