“Funds made available to carry out this subtitle [subtitle C (§§ 5301–5310) of title V of Pub. L. 109–59, enacting this section and section 513 of this title] for operational tests—“(1) shall be used primarily for the development of intelligent transportation system infrastructure; and
“(2) to the maximum extent practicable, shall not be used for the construction of physical highway and public transportation infrastructure unless the construction is incidental and critically necessary to the implementation of an intelligent transportation system project.
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