123STA T .94 9 PUBLIC LA W 111 –8—M A R .11 , 2 0 09 claim i ngorse e k ing a uth orit y too p erate as a railroa d, unless the B oard recei v es w ritten assurance f rom the G overnor, or the Gov - ernor ’ s designee, of the S tate in which such activity will occur that such railroad or entity has agreed to comply with State and local regulations that esta b lish public health, safety, and environ- mental standards for the activities described in subsection ( b ) , other than z oning laws or regulations . (b) A ctivities 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 1 0 0 4 of the Solid W aste D isposal Act (4 2U .S. C . 69 0 3 )) outside of original shipping containers
or (2) the separation or processing of solid waste (including baling, crushing, compacting, and shredding). S EC . 193. N one of the funds appropriated or otherwise made available under this Act may be used by the Surface T ransportation Board of the Department of Transportation to charge or collect any filing fee for rate complaints filed with the Board in an amount ine x cess of the amount authorized for district court civil suit filing fees under section 1914 of title 2 8 , United States Code. SEC. 194. O f the funds made available or limited by this Act, which are not otherwise allocated under this Act or under SA FE TEA –L U( P ublic Law 109– 5 9) or necessary to fulfill existing agreements between the Department of Transportation and metro- politan areas under the ‘ ‘Urban Partnerships’’ and ‘‘Congestion- R eduction 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 M ay 2006 by Secretary of Transportation, the H onorable Norman Mineta; also known as the ‘‘Congestion I nitiative’’ 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 q uality 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. 19 7 . 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. Extensio n .
