Page:United States Statutes at Large Volume 119.djvu/1198

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[119 STAT. 1180]
PUBLIC LAW 109-000—MMMM. DD, 2005
[119 STAT. 1180]

119 STAT. 1180

of information among territories receiving the technical assistance, shall be included in the agreement required by subsection (e). ‘‘(d) NONAPPLICABILITY OF CERTAIN PROVISIONS.— ‘‘(1) IN GENERAL.—Except to the extent that provisions of chapter 1 are determined by the Secretary to be inconsistent with the needs of the territories and the intent of the program, chapter 1 (other than provisions of chapter 1 relating to the apportionment and allocation of funds) shall apply to funds authorized to be appropriated for the program. ‘‘(2) APPLICABLE PROVISIONS.—The agreement required by subsection (e) for each territory shall identify the sections of chapter 1 that are applicable to that territory and the extent of the applicability of those sections. ‘‘(e) AGREEMENT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (4), none of the funds made available for the program shall be available for obligation or expenditure with respect to any territory until the chief executive officer of the territory enters into an agreement with the Secretary (not later than 1 year after the date of enactment of SAFETEA–LU), providing that the government of the territory shall— ‘‘(A) implement the program in accordance with applicable provisions of chapter 1 and subsection (d); ‘‘(B) design and construct a system of arterial and collector highways, including necessary inter-island connectors, in accordance with standards that are— ‘‘(i) appropriate for each territory; and ‘‘(ii) approved by the Secretary; ‘‘(C) provide for the maintenance of facilities constructed or operated under this section in a condition to adequately serve the needs of present and future traffic; and ‘‘(D) implement standards for traffic operations and uniform traffic control devices that are approved by the Secretary. ‘‘(2) TECHNICAL ASSISTANCE.—The agreement required by paragraph (1) shall— ‘‘(A) specify the kind of technical assistance to be provided under the program; ‘‘(B) include appropriate provisions regarding information sharing among the territories; and ‘‘(C) delineate the oversight role and responsibilities of the territories and the Secretary. ‘‘(3) REVIEW AND REVISION OF AGREEMENT.—The agreement entered into under paragraph (1) shall be reevaluated and, as necessary, revised, at least every 2 years. ‘‘(4) EXISTING AGREEMENTS.—With respect to an agreement under the section between the Secretary and the chief executive officer of a territory that is in effect as of the date of enactment of the SAFETEA–LU— ‘‘(A) the agreement shall continue in force until replaced by an agreement entered into in accordance with paragraph (1); and ‘‘(B) amounts made available for the program under the existing agreement shall be available for obligation

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