§ 309. DENALI ACCESS SYSTEM PROGRAM.
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/usc/title-42/section-309A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Establishment of the Denali Access System Program .— Not later than 3 months after the date of enactment of the SAFETEA–LU [ Aug. 10, 2005 ], the Secretary of Transportation shall establish a program to pay the costs of planning, designing, engineering, and constructing road and other surface transportation infrastructure identified for the Denali access system program under this section. Denali Access System Program Advisory Committee.— Establishment .— Not later than 3 months after the date of enactment of the SAFETEA–LU [ Aug. 10, 2005 ], the Denali Commission shall establish a Denali Access System Program Advisory Committee (referred to in this section as the ‘advisory committee’).
Membership .— The advisory committee shall be composed of nine members to be appointed by the Governor of the State of Alaska as follows: The chairman of the Denali Commission. Four members who represent existing regional native corporations, native nonprofit entities, or tribal governments, including one member who is a civil engineer. Four members who represent rural Alaska regions or villages, including one member who is a civil engineer. Terms.— In general .— Except for the chairman of the Commission who shall remain a member of the advisory committee, members shall be appointed to serve a term of 4 years.
Initial members .— Except for the chairman of the Commission, of the eight initial members appointed to the advisory committee, two shall be appointed for a term of 1 year, two shall be appointed for a term of 2 years, two shall be appointed for a term of 3 years, and two shall be appointed for a term of 4 years. All subsequent appointments shall be for 4 years. Responsibilities .— The advisory committee shall be responsible for the following activities: Advising the Commission on the surface transportation needs of Alaska Native villages and rural communities, including projects for the construction of essential access routes within remote Alaska Native villages and rural communities and for the construction of roads and facilities necessary to connect isolated rural communities to a road system.
Advising the Commission on considerations for coordinatedtransportation [sic] planning among the Alaska Native villages, Alaska rural villages, the State of Alaska, and other government entities. Establishing a list of transportation priorities for Alaska Native village and rural community transportation projects on an annual basis, including funding recommendations. Facilitate the Commission’s work on transportation projects involving more than one region. Chapter 10 of title 5 , united states code, exemption .— The provisions of chapter 10 of title 5, United States Code, shall not apply to the advisory committee.
Allocation of Funds.— In general .— The Secretary of Transportation shall allocate funding authorized and made available for the Denali access system program to the Commission to carry out this section. Distribution of funding .— In distributing funds for surface transportation projects funded under the program, the Commission shall consult the list of transportation priorities developed by the advisory committee. Preference to Alaska Materials and Products .— To construct a project under this section, the Commission shall encourage, to the maximum extent practicable, the use of employees and businesses that are residents of Alaska.
Design Standards .— Each project carried out under this section shall use technology and design standards determined by the Commission to be appropriate given the location and the functionality of the project. Maintenance .— Funding for a construction project under this section may include an additional amount equal to not more than 10 percent of the total cost of construction, to be retained for future maintenance of the project. All such retained funds shall be dedicated for maintenance of the project and may not be used for other purposes.
Lead Agency Designation .— For purposes of projects carried out under this section, the Commission shall be designated as the lead agency for purposes of accepting Federal funds and for purposes of carrying out this project. Non-Federal Share .— Notwithstanding any other provision of law, funds made available to carry out this section may be used to meet the non-Federal share of the cost of projects under title 23, United States Code. Surface Transportation Program Transferability.— Transferability .— In any fiscal year, up to 15 percent of the amounts made available to the State of Alaska for surface transportation by [former] section 133 of title 23 , United States Code, may be transferred to the Denali access system program.
No effect on set-aside .— Paragraph
(2)of section 133(d) [of title 23], United States Code, shall not apply to funds transferred under paragraph (1). Authorization of Appropriations.— In general .— There is authorized to be appropriated out of the Highway Trust Fund (other than the Mass Transit Account) to carry out this section $15,000,000 for each of fiscal years 2006 through 2009. Applicability of title 23 .— Funds made available to carry out this section shall be available for obligation in the same manner as if such funds were apportioned under chapter 1 of title 23, United States Code; except that such funds shall not be transferable and shall remain available until expended, and the Federal share of the cost of any project carried out using such funds shall be determined in accordance with section 120(b).