118 STAT. 3227 PUBLIC LAW 108–447—DEC. 8, 2004 expended: Provided, That no more than $125,000,000 of budget authority shall be available for these purposes: Provided further, That up to $300,000 of the funds provided under this heading may be used by the Federal Transit Administration for technical assistance and support and performance reviews of the Job Access and Reverse Commute Grants program. GENERAL PROVISIONS—FEDERAL TRANSIT ADMINISTRATION SEC. 160. The limitations on obligations for the programs of the Federal Transit Administration shall not apply to any authority under 49 U.S.C. 5338, previously made available for obligation, or to any other authority previously made available for obligation. SEC. 161. Notwithstanding any other provision of law, and except for fixed guideway modernization projects, funds made avail able by this Act under ‘‘Federal Transit Administration, Capital investment grants’’ for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2007, and other recoveries, shall be made available for other projects under 49 U.S.C. 5309. SEC. 162. Notwithstanding any other provision of law, any funds appropriated before October 1, 2004, under any section of chapter 53 of title 49, United States Code, that remain available for expenditure may be transferred to and administered under the most recent appropriation heading for any such section. SEC. 163. None of the funds in this Act shall be available to any Federal transit grantee after February 1, 2004, involved directly or indirectly, in any activity that promotes the legalization or medical use of any substance listed in schedule I of section 202 of the Controlled Substances Act (21 U.S.C. 812 et seq.). SEC. 164. From unobligated balances in the Federal Transit Administration’s Discretionary Grants account, not to exceed $72,792,311 shall be transferred as follows: to the Federal Transit Administration’s Formula Grants account, not to exceed $42,190,828; and to the Interstate Transfer Grants—Transit account, not to exceed $30,601,483: Provided, That these unobli gated balances are used, together with Formula Grant funds that are available for reapportionment in such account, to restore obliga tion authority reduced due to a prior deficiency. SEC. 165. Funds made available for Alaska or Hawaii ferry boats or ferry terminal facilities pursuant to 49 U.S.C. 5309(m)(2)(B) may be used to construct new vessels and facilities, or to improve existing vessels and facilities, including both the passenger and vehicle related elements of such vessels and facilities, and for repair facilities: Provided, That not more than $3,000,000 of the funds made available pursuant to 49 U.S.C. 5309(m)(2)(B) may be used by the State of Hawaii to initiate and operate a passenger ferryboat services demonstration project to test the viability of different intra island and inter island ferry boat routes and technology: Provided further, That notwithstanding 49 U.S.C. 5302(a)(7), funds made available for Alaska or Hawaii ferry boats may be used to acquire passenger ferry boats and to provide passenger ferry transportation services within areas of the State of Hawaii under the control or use of the National Park Service. SEC. 166. Notwithstanding any other provision of law, unobli gated funds made available for a new fixed guideway systems projects under the heading ‘‘Federal Transit Administration, Capital Investment Grants’’ in any appropriations act prior to this Act 49 USC 5338 note.
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