2. Powers with respect to qualified transportation project. In addition to all other powers elsewhere granted to the bank, the bank may, with respect to the qualified transportation project:

A. Acquire title to, or an interest in, the qualified transportation project;

B. Make and execute contracts and all other instruments, including any amendments or modifications to the extent permitted under its contract with holders of its bonds or notes, with the State, the Federal Highway Administration or any other legal entity in furtherance of the purposes of this Act; and

C. Lease the qualified transportation project to the State or any agency, political subdivision, instrumentality or department of the State to further the purposes of this Act, as long as the obligation of the State or of any such agency, political subdivision, instrumentality or department to make any rental or other payments are considered executory only to the extent of funds paid by the United States Department of Transportation and any matching funds of the State as necessary and legally available that are allocated for such purpose on an annual basis by the Department of Transportation in its sole discretion, as long as the liability on account of the State or any such agency, political subdivision, instrumentality or department is not incurred by the State or any such agency, political subdivision, instrumentality or department beyond the money available for that purpose.

3. Pledge of federal highway funds. The Department of Transportation is authorized to transfer, assign or pledge any or all of the funds paid to it, directly or indirectly, by the Federal Highway Administration with respect to the qualified transportation project, together with any matching funds of the State as necessary and legally available that are allocated for such purpose on an annual basis by the Department of Transportation in its sole discretion. Any such pledge does not constitute a debt or liability on behalf of the State or of any political subdivision of the State or a loan of the credit of the State or of any political subdivision of the State or a pledge of the faith and credit of the State or of any political subdivision of the State. A decision by the Department of Transportation not to allocate such federal transportation funds or state matching funds as necessary and legally available in any given fiscal year