119 STAT. 1586
PUBLIC LAW 109–59—AUG. 10, 2005 made at the time projects are approved for entrance into preliminary engineering with— ‘‘(i) estimates made at the time projects are approved for entrance into final design; ‘‘(ii) costs and ridership when the project commences revenue operation; and ‘‘(iii) costs and ridership when the project has been in operation for 2 years. ‘‘(C) CONSIDERATIONS.—In making comparisons under subparagraph (B), the Secretary shall consider factors having an impact on costs and ridership not under the control of the contractor. The Secretary shall also consider the role taken by each contractor in the development of the project. ‘‘(3) CONTRACTOR PERFORMANCE INCENTIVE REPORT.—Not later than 180 days after the enactment of the Federal Public Transportation Act of 2005, the Secretary shall submit to the committees referred to in subsection (k)(1) a report on the suitability of allowing contractors to public transportation agencies that undertake new fixed guideway capital projects under this section to receive performance incentive awards if a project is completed for less than the original estimated cost. ‘‘(m) ALLOCATING AMOUNTS.— ‘‘(1) FISCAL YEAR 2005.—Of the amounts made available or appropriated for fiscal year 2005 under section 5338(a)(3)— ‘‘(A) $1,437,829,600 shall be allocated for new fixed capital projects under subsection (d); ‘‘(B) $1,204,684,800 shall be allocated for capital projects for fixed guideway modernization; and ‘‘(C) $669,600,000 shall be allocated for capital projects for buses and bus-related equipment and facilities. ‘‘(2) FISCAL YEARS 2006 THROUGH 2009.—The amounts made available or appropriated for fiscal years 2006 through 2009 under sections 5338(b) and 5338(c) shall be allocated as follows: ‘‘(A) MAJOR CAPITAL INVESTMENT GRANTS.—Of the amounts appropriated under section 5338(c)— ‘‘(i) $200,000,000 for each of fiscal years 2007 through 2009 shall be allocated for projects for new fixed guideway capital projects of less than $75,000,000 in accordance with subsection (e); and ‘‘(ii) the remainder shall be allocated for major new fixed guideway capital projects in accordance with subsection (d). ‘‘(B) FIXED GUIDEWAY MODERNIZATION.—The amounts made available under section 5338(b)(2)(D) shall be allocated for capital projects for fixed guideway modernization. ‘‘(C) BUSES AND BUS-RELATED EQUIPMENT AND FACILITIES.—The amounts made available under section 5338(b)(2)(E) shall be allocated for capital projects for buses and bus-related equipment and facilities. ‘‘(3) FIXED GUIDEWAY MODERNIZATION.—The amounts made available for fixed guideway modernization under section 5338(b)(2)(D) for fiscal year 2006 and each fiscal year thereafter shall be allocated in accordance with section 5337. ‘‘(4) PRELIMINARY ENGINEERING AND ALTERNATIVES ANALYSIS.—Not more that 8 percent of the allocation described in
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