PUBLIC LAW 102-240—DEC. 18, 1991 105 STAT. 1927 apportionment under subsection (b)(1) to the apportionment of the State under subsection (b)(3) if the State requests to make such transfer and the Secretary approves such transfer as being in the public interest, after providing notice and sufficient opportunity for public comment. Section 133(d) shall not apply to funds transferred under this subsection.", (g) CONFORMING AMENDMENTS TO OTHER SECTIONS.— ' (1) DEFINITIONS.— Section 101(a) of title 23, United States Code, is amended by striking the paragraph relating to Federalaid highways and inserting the following new paragraph: "The term 'Federal-aid highways' means highways eligible for assistance under this chapter other than highways classified as local roads or rural minor collectors.". (2) PREVAIUNG RATE OF WAGE.— Section 113(a) of such title is amended by striking "systems, the primary and secondary, as well as their extension in urban areas, and the Interstate System," and inserting "highways". (h) NATIONAL DEFENSE HIGHWAYS LOCATED OUTSIDE UNITED 23 USC 311 note. STATES. — (1) RECONSTRUCTION PROJECTS.— If the Secretary determines, after consultation with the Secretary of Defense, that a highway, or portion of a highway, located outside the United States is important to the national defense, the Secretary may carry out a project for the reconstruction of such highway or portion of highway. (2) FUNDING.— The Secretary may make available, from funds appropriated to construct the National System of Interstate and Defense Highways, not to exceed $20,000,000 per fiscal year for each of fiscal years 1993, 1994, 1995, and 1996 to carry out this subsection. Such sums shall remain available until expended. SEC. 1007. SURFACE TRANSPORTATION PROGRAM. (a) ESTABLISHMENT OF PROGRAM.— (1) IN GENERAL.—Chapter 1 of title 23, United States Code, is amended by inserting after section 132 the following new ' section: "§ 133. Surface transportation program • "(a) ESTABLISHMENT.— The Secretary shall establish a surface transportation program in accordance with this section. "(b) EuGiBLE PROJECTS.— A State may obligate funds apportioned to it under section 104(b)(3) for the surface transportation program only for the following: "(1) Construction, reconstruction, rehabilitation, resurfacing, restoration, and operational improvements for highways (including Interstate highways) and bridges (including bridges on public roads of all functional classifications), including any such construction or reconstruction necessary to accommodate other transportation modes, and including the seismic retrofit and painting of and application of calcium magnesium acetate on bridges and approaches thereto and other elevated structures, mitigation of damage to wildlife, habitat, and ecosystems caused by a transportation project funded under this title. "(2) Capital costs for transit projects eligible for assistance under the Federal Transit Act and publicly owned intracity or intercity bus terminals and facilities.
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