US (United States) Code. Title 49. Subtitle VII. Part B. Chapter 471: Airport development

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Transportation

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-CITE-

49 USC CHAPTER 471 - AIRPORT DEVELOPMENT 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

-HEAD-

CHAPTER 471 - AIRPORT DEVELOPMENT

-MISC1-

SUBCHAPTER I - AIRPORT IMPROVEMENT

Sec.

47101. Policies.

47102. Definitions.

47103. National plan of integrated airport systems.

47104. Project grant authority.

47105. Project grant applications.

47106. Project grant application approval conditioned on

satisfaction of project requirements.

47107. Project grant application approval conditioned on

assurances about airport operations.

47108. Project grant agreements.

47109. United States Government's share of project costs.

47110. Allowable project costs.

47111. Payments under project grant agreements.

47112. Carrying out airport development projects.

47113. Minority and disadvantaged business participation.

47114. Apportionments.

47115. Discretionary fund.

47116. Small airport fund.

47117. Use of apportioned amounts.

47118. Designating current and former military airports.

47119. Terminal development costs.

47120. Grant priority.

47121. Records and audits.

47122. Administrative.

47123. Nondiscrimination.

47124. Agreements for State and local operation of airport

facilities.

47125. Conveyances of United States Government land.

47126. Criminal penalties for false statements.

47127. Ground transportation demonstration projects.

47128. State block grant program.

47129. Resolution of airport-air carrier disputes concerning

airport fees.

47130. Airport safety data collection.

47131. Annual report.

[47132. Repealed.]

47133. Restriction on use of revenues.

47134. Pilot program on private ownership of airports.

47135. Innovative financing techniques.

47136. Inherently low-emission airport vehicle pilot program.

47137. Airport security program.

SUBCHAPTER II - SURPLUS PROPERTY FOR PUBLIC AIRPORTS

47151. Authority to transfer an interest in surplus property.

47152. Terms of conveyances.

47153. Waiving and adding terms.

AMENDMENTS

2000 - Pub. L. 106-181, title I, Secs. 123(a)(2), 132(b), 133(b),

134(b), 135(d)(4), Apr. 5, 2000, 114 Stat. 74, 81-83, 85, struck

out item 47132 "Pavement maintenance", added items 47135 to 47137,

and substituted "conveyances" for "gifts" in item 47152.

1996 - Pub. L. 104-264, title I, Secs. 142(c), 147(c)(2),

149(a)(2), title VIII, Sec. 804(c), Oct. 9, 1996, 110 Stat. 3221,

3223, 3226, 3271, substituted "grant program" for "grant pilot

program" in item 47128 and added items 47132, 47133, and 47134.

1994 - Pub. L. 103-305, title I, Secs. 113(b), 118(b), Aug. 23,

1994, 108 Stat. 1579, 1580, added items 47129 and 47130 and

redesignated former item 47129 as 47131.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 44718, 44901 of this

title.

-End-

-CITE-

49 USC SUBCHAPTER I - AIRPORT IMPROVEMENT 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

SUBCHAPTER I - AIRPORT IMPROVEMENT

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 40117, 41742, 47504,

47526, 49108, 49111, 50101, 50102, 50104, 50105 of this title.

-End-

-CITE-

49 USC Sec. 47101 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47101. Policies

-STATUTE-

(a) General. - It is the policy of the United States -

(1) that the safe operation of the airport and airway system is

the highest aviation priority;

(2) that aviation facilities be constructed and operated to

minimize current and projected noise impact on nearby

communities;

(3) to give special emphasis to developing reliever airports;

(4) that appropriate provisions should be made to make the

development and enhancement of cargo hub airports easier;

(5) to encourage the development of intermodal connections on

airport property between aeronautical and other transportation

modes and systems to serve air transportation passengers and

cargo efficiently and effectively and promote economic

development;

(6) that airport development projects under this subchapter

provide for the protection and enhancement of natural resources

and the quality of the environment of the United States;

(7) that airport construction and improvement projects that

increase the capacity of facilities to accommodate passenger and

cargo traffic be undertaken to the maximum feasible extent so

that safety and efficiency increase and delays decrease;

(8) to ensure that nonaviation usage of the navigable airspace

be accommodated but not allowed to decrease the safety and

capacity of the airspace and airport system;

(9) that artificial restrictions on airport capacity -

(A) are not in the public interest;

(B) should be imposed to alleviate air traffic delays only

after other reasonably available and less burdensome

alternatives have been tried; and

(C) should not discriminate unjustly between categories and

classes of aircraft;

(10) that special emphasis should be placed on converting

appropriate former military air bases to civil use and

identifying and improving additional joint-use facilities;

(11) that the airport improvement program should be

administered to encourage projects that employ innovative

technology (including integrated in-pavement lighting systems for

runways and taxiways and other runway and taxiway incursion

prevention devices), concepts, and approaches that will promote

safety, capacity, and efficiency improvements in the construction

of airports and in the air transportation system (including the

development and use of innovative concrete and other materials in

the construction of airport facilities to minimize initial

laydown costs, minimize time out of service, and maximize

lifecycle durability) and to encourage and solicit innovative

technology proposals and activities in the expenditure of funding

pursuant to this subchapter;

(12) that airport fees, rates, and charges must be reasonable

and may only be used for purposes not prohibited by this

subchapter; and

(13) that airports should be as self-sustaining as possible

under the circumstances existing at each particular airport and

in establishing new fees, rates, and charges, and generating

revenues from all sources, airport owners and operators should

not seek to create revenue surpluses that exceed the amounts to

be used for airport system purposes and for other purposes for

which airport revenues may be spent under section 47107(b)(1) of

this title, including reasonable reserves and other funds to

facilitate financing and cover contingencies.

(b) National Transportation Policy. - (1) It is a goal of the

United States to develop a national intermodal transportation

system that transports passengers and property in an efficient

manner. The future economic direction of the United States depends

on its ability to confront directly the enormous challenges of the

global economy, declining productivity growth, energy

vulnerability, air pollution, and the need to rebuild the

infrastructure of the United States.

(2) United States leadership in the world economy, the expanding

wealth of the United States, the competitiveness of the industry of

the United States, the standard of living, and the quality of life

are at stake.

(3) A national intermodal transportation system is a coordinated,

flexible network of diverse but complementary forms of

transportation that transports passengers and property in the most

efficient manner. By reducing transportation costs, these

intermodal systems will enhance the ability of the industry of the

United States to compete in the global marketplace.

(4) All forms of transportation, including aviation and other

transportation systems of the future, will be full partners in the

effort to reduce energy consumption and air pollution while

promoting economic development.

(5) An intermodal transportation system consists of

transportation hubs that connect different forms of appropriate

transportation and provides users with the most efficient means of

transportation and with access to commercial centers, business

locations, population centers, and the vast rural areas of the

United States, as well as providing links to other forms of

transportation and to intercity connections.

(6) Intermodality and flexibility are paramount issues in the

process of developing an integrated system that will obtain the

optimum yield of United States resources.

(7) The United States transportation infrastructure must be

reshaped to provide the economic underpinnings for the United

States to compete in the 21st century global economy. The United

States can no longer rely on the sheer size of its economy to

dominate international economic rivals and must recognize fully

that its economy is no longer a separate entity but is part of the

global marketplace. The future economic prosperity of the United

States depends on its ability to compete in an international

marketplace that is teeming with competitors but in which a full

one-quarter of the economic activity of the United States takes

place.

(8) The United States must make a national commitment to rebuild

its infrastructure through development of a national intermodal

transportation system. The United States must provide the

foundation for its industries to improve productivity and their

ability to compete in the global economy with a system that will

transport passengers and property in an efficient manner.

(c) Capacity Expansion and Noise Abatement. - It is in the public

interest to recognize the effects of airport capacity expansion

projects on aircraft noise. Efforts to increase capacity through

any means can have an impact on surrounding communities.

Noncompatible land uses around airports must be reduced and efforts

to mitigate noise must be given a high priority.

(d) Consistency With Air Commerce and Safety Policies. - Each

airport and airway program should be carried out consistently with

section 40101(a), (b), (d), and (f) of this title to foster

competition, prevent unfair methods of competition in air

transportation, maintain essential air transportation, and prevent

unjust and discriminatory practices, including as the practices may

be applied between categories and classes of aircraft.

(e) Adequacy of Navigation Aids and Airport Facilities. - This

subchapter should be carried out to provide adequate navigation

aids and airport facilities for places at which scheduled

commercial air service is provided. The facilities provided may

include -

(1) reliever airports; and

(2) heliports designated by the Secretary of Transportation to

relieve congestion at commercial service airports by diverting

aircraft passengers from fixed-wing aircraft to helicopter

carriers.

(f) Maximum Use of Safety Facilities. - This subchapter should be

carried out consistently with a comprehensive airspace system plan,

giving highest priority to commercial service airports, to maximize

the use of safety facilities, including installing, operating, and

maintaining, to the extent possible with available money and

considering other safety needs -

(1) electronic or visual vertical guidance on each runway;

(2) grooving or friction treatment of each primary and

secondary runway;

(3) distance-to-go signs for each primary and secondary runway;

(4) a precision approach system, a vertical visual guidance

system, and a full approach light system for each primary runway;

(5) a nonprecision instrument approach for each secondary

runway;

(6) runway end identifier lights on each runway that does not

have an approach light system;

(7) a surface movement radar system at each category III

airport;

(8) a taxiway lighting and sign system;

(9) runway edge lighting and marking;

(10) radar approach coverage for each airport terminal area;

and

(11) runway and taxiway incursion prevention devices, including

integrated in-pavement lighting systems for runways and taxiways.

(g) Intermodal Planning. - To carry out the policy of subsection

(a)(5) of this section, the Secretary of Transportation shall take

each of the following actions:

(1) Coordination in development of airport plans and programs.

- Cooperate with State and local officials in developing airport

plans and programs that are based on overall transportation

needs. The airport plans and programs shall be developed in

coordination with other transportation planning and considering

comprehensive long-range land-use plans and overall social,

economic, environmental, system performance, and energy

conservation objectives. The process of developing airport plans

and programs shall be continuing, cooperative, and comprehensive

to the degree appropriate to the complexity of the transportation

problems.

(2) Goals for airport master and system plans. - Encourage

airport sponsors and State and local officials to develop airport

master plans and airport system plans that -

(A) foster effective coordination between aviation planning

and metropolitan planning;

(B) include an evaluation of aviation needs within the

context of multimodal planning; and

(C) are integrated with metropolitan plans to ensure that

airport development proposals include adequate consideration of

land use and ground transportation access.

(3) Representation of airport operators on mpo's. - Encourage

metropolitan planning organizations, particularly in areas with

populations greater than 200,000, to establish membership

positions for airport operators.

(h) Consultation. - To carry out the policy of subsection (a)(6)

of this section, the Secretary of Transportation shall consult with

the Secretary of the Interior and the Administrator of the

Environmental Protection Agency about any project included in a

project grant application involving the location of an airport or

runway, or a major runway extension, that may have a significant

effect on -

(1) natural resources, including fish and wildlife;

(2) natural, scenic, and recreation assets;

(3) water and air quality; or

(4) another factor affecting the environment.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1246; Pub. L.

103-305, title I, Secs. 104, 110, Aug. 23, 1994, 108 Stat. 1571,

1573; Pub. L. 103-429, Sec. 6(62), Oct. 31, 1994, 108 Stat. 4385;

Pub. L. 104-264, title I, Sec. 141, Oct. 9, 1996, 110 Stat. 3220;

Pub. L. 106-181, title I, Secs. 121(a), (b), 137(a), Apr. 5, 2000,

114 Stat. 74, 85.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47101(a)(1) 49 App.:2201(a)(1), Sept. 3, 1982, Pub. L.

(2). 97-248, Secs. 502(a)(1)-(3),

(6), (b), 509(b)(5) (1st

sentence, last sentence

words before 11th comma), 96

Stat. 671, 672, 684.

49 App.:2201(a)(9). Sept. 3, 1982, Pub. L.

97-248, Sec. 502(a)(9), 96

Stat. 672; Dec. 30, 1987,

Pub. L. 100-223, Sec.

102(b)(1), (c)(1), 101 Stat.

1487.

49 App.:2201(a)(10). Sept. 3, 1982, Pub. L.

97-248, Sec. 502(a)(10), 96

Stat. 672; Dec. 30, 1987,

Pub. L. 100-223, Sec.

102(b)(1), (c)(2), 101 Stat.

1487.

47101(a)(2) 49 App.:2201(a)(8). Sept. 3, 1982, Pub. L.

97-248, Sec. 502(a)(8), 96

Stat. 672; Dec. 30, 1987,

Pub. L. 100-223, Sec.

102(b)(1), 101 Stat. 1487.

47101(a)(3) 49 App.:2201(a)(6).

47101(a)(4) 49 App.:2201(a)(7). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

502(a)(7); added Dec. 30,

1987, Pub. L. 100-223, Sec.

102(b)(2), 101 Stat. 1487.

47101(a)(5) 49 App.:2201(b)

(1st sentence).

47101(a)(6) 49 App.:2208(b)(5)

(1st sentence).

47101(a)(7) 49 App.:2201(a)(11). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

502(a)(11); added Dec. 30,

1987, Pub. L. 100-223, Sec.

102(c)(3), 101 Stat. 1488.

47101(a)(8) 49 App.:2201(a)(12). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

502(a)(12); added Dec. 30,

1987, Pub. L. 100-223, Sec.

102(c)(3), 101 Stat. 1488;

Nov. 5, 1990, Pub. L.

101-508, Sec. 9109(a)(1),

104 Stat. 1388-356.

47101(a)(9) 49 App.:2201(a)(13). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

502(a)(13); added Dec. 30,

1987, Pub. L. 100-223, Sec.

102(c)(3), 101 Stat. 1488;

Nov. 5, 1990, Pub. L.

101-508, Secs. 9103(2),

9109(a)(2), 104 Stat.

1388-354, 1388-356.

47101(a)( 49 App.:2201(a)(14). Sept. 3, 1982, Pub. L.

10) 97-248, 96 Stat. 324, Sec.

502(a)(14); added Nov. 5,

1990, Pub. L. 101-508, Sec.

9109(a)(3), 104 Stat.

1388-356.

47101(b) 49 App.:2201(c). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

502(c), (d); added Oct. 31,

1992, Pub. L. 102-581, Sec.

101, 106 Stat. 4875.

47101(c) 49 App.:2201(d).

47101(d) 49 App.:2201(a)(5). Sept. 3, 1982, Pub. L.

97-248, Sec. 502(a)(5), 96

Stat. 671; Nov. 5, 1990,

Pub. L. 101-508, Sec.

9103(1), 104 Stat. 1388-354.

47101(e) 49 App.:2201(a)(3).

49 App.:2202(a)(20). Sept. 3, 1982, Pub. L.

97-248, Sec. 503(a)(20), 96

Stat. 674; Dec. 30, 1987,

Pub. L. 100-223, Sec.

103(c)(1), 101 Stat. 1488.

47101(f) 49 App.:2201(a)(4). Sept. 3, 1982, Pub. L.

97-248, Sec. 502(a)(4), 96

Stat. 671; Dec. 30, 1987,

Pub. L. 100-223, Sec.

102(a), 101 Stat. 1487.

47101(g) 49 App.:2201(b)

(2d, last

sentences).

47101(h) 49 App.:2208(b)(5)

(last sentence

words before 11th

comma).

--------------------------------------------------------------------

In subsection (a), before clause (1), the text of 49

App.:2201(a)(2), (9), and (10) is omitted as executed. The words

"It is the policy of the United States" are substituted for "The

Congress hereby . . . declares" in 49 App.:2201(a) (words before

cl. (1)), "it is in the national interest" in 49 App.:2201(a)(12),

"are not in the public interest and" in 49 App.:2201(a)(13), "It is

declared to be in the national interest to" in 49 App.:2201(b), and

"It is declared to be national policy that" in 49 App.:2208(b)(5)

for consistency in the revised title and with other titles of the

United States Code. In clause (1), the word "is" is substituted for

"will continue to be" to eliminate unnecessary words. In clause

(2), the words "with due regard" are omitted as surplus. In clause

(3), the words "reliever airports make an important contribution to

the efficient operation of the airport and airway system" are

omitted as executed. In clause (4), the words "cargo hub airports

play a critical role in the movement of commerce through the

airport and airway system" are omitted as executed. In clause (5),

the words "and promote" are omitted as surplus.

In subsection (d), the word "to" is substituted for "with due

regard for the goals expressed therein of" to eliminate unnecessary

words.

In subsection (e), before clause (1), the words "The facilities

provided may include" are substituted for "including" because of

the restatement. Clause (2) is substituted for "reliever heliports"

to incorporate the definition of that term from 49 App.:2202(a)(19)

into this subsection.

In subsection (f), before clause (1), the words "the goal of" are

omitted as surplus.

In subsection (g), the words "formulated" and "due" are omitted

as surplus. The words "process of developing airport plans and

programs" are substituted for "process" for clarity.

PUB. L. 103-429

This amends 49:47101(a)(12) to translate a cross-reference to the

Airport and Airway Improvement Act of 1982 (Public Law 97-248, 96

Stat. 671) to the corresponding cross-reference of title 49, United

States Code.

AMENDMENTS

2000 - Subsec. (a)(5). Pub. L. 106-181, Sec. 137(a), amended par.

(5) generally. Prior to amendment, par. (5) read as follows: "to

encourage the development of transportation systems that use

various modes of transportation in a way that will serve the States

and local communities efficiently and effectively;".

Subsec. (a)(11). Pub. L. 106-181, Sec. 121(a), inserted

"(including integrated in-pavement lighting systems for runways and

taxiways and other runway and taxiway incursion prevention

devices)" after "employ innovative technology".

Subsec. (f)(11). Pub. L. 106-181, Sec. 121(b), added par. (11).

1996 - Subsec. (g). Pub. L. 104-264 substituted "Intermodal

Planning" for "Cooperation" in heading and amended text generally.

Prior to amendment, text read as follows: "To carry out the policy

of subsection (a)(5) of this section, the Secretary of

Transportation shall cooperate with State and local officials in

developing airport plans and programs that are based on overall

transportation needs. The airport plans and programs shall be

developed in coordination with other transportation planning and

considering comprehensive long-range land-use plans and overall

social, economic, environmental, system performance, and energy

conservation objectives. The process of developing airport plans

and programs shall be continuing, cooperative, and comprehensive to

the degree appropriate to the complexity of the transportation

problems."

1994 - Subsec. (a)(11). Pub. L. 103-305, Sec. 104, added par.

(11).

Subsec. (a)(12). Pub. L. 103-429 substituted "subchapter" for

"Act".

Pub. L. 103-305, Sec. 110, added par. (12).

Subsec. (a)(13). Pub. L. 103-305, Sec. 110, added par. (13).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

AVAILABILITY OF GATES AND OTHER ESSENTIAL SERVICES

Pub. L. 106-181, title I, Sec. 155(d), Apr. 5, 2000, 114 Stat.

89, provided that: "The Secretary [of Transportation] shall ensure

that gates and other facilities are made available at costs that

are fair and reasonable to air carriers at covered airports (as

defined in section 47106(f)(4) [47106(f)(3)] of title 49, United

States Code) where a 'majority-in-interest clause' of a contract or

other agreement or arrangement inhibits the ability of the local

airport authority to provide or build new gates or other

facilities."

CONSTRUCTION OF RUNWAYS

Pub. L. 106-181, title I, Sec. 158, Apr. 5, 2000, 114 Stat. 90,

provided that: "Notwithstanding any provision of law that

specifically restricts the number of runways at a single

international airport, the Secretary [of Transportation] may

obligate funds made available under chapters 471 and 481 of title

49, United States Code, for any project to construct a new runway

at such airport, unless this section is expressly repealed."

INNOVATIVE FINANCING TECHNIQUES

Pub. L. 104-264, title I, Sec. 148, Oct. 9, 1996, 110 Stat. 3223,

authorized the Secretary of Transportation until Sept. 30, 1998, to

carry out a demonstration program to provide information on the use

of innovative financing techniques for airport development projects

to Congress and the National Civil Aviation Review Commission. See

section 47135 of this title.

AUTHORITY TO CLOSE AIRPORT LOCATED NEAR CLOSED OR REALIGNED

MILITARY BASE

Section 1203 of Pub. L. 104-264 provided that: "Notwithstanding

any other provision of a law, rule, or grant assurance, an airport

that is not a commercial service airport may be closed by its

sponsor without any obligation to repay grants made under chapter

471 of title 49, United States Code, the Airport and Airway

Improvement Act of 1982 [see References in Text note set out under

section 47108 of this title], or any other law if the airport is

located within 2 miles of a United States Army depot which has been

closed or realigned; except that in the case of disposal of the

land associated with the airport, the part of the proceeds from the

disposal that is proportional to the Government's share of the cost

of acquiring the land shall be paid to the Secretary of

Transportation for deposit in the Airport and Airway Trust Fund

established under section 9502 of the Internal Revenue Code of 1986

(26 U.S.C. 9502)."

STUDY ON INNOVATIVE FINANCING

Section 520 of Pub. L. 103-305 provided that:

"(a) Study. - The Secretary shall conduct a study on innovative

approaches for using Federal funds to finance airport development

as a means of supplementing financing available under the Airport

Improvement Program.

"(b) Matters To Be Considered. - In conducting the study under

subsection (a), the Secretary shall consider, at a minimum, the

following:

"(1) Mechanisms that will produce greater investments in

airport development per dollar of Federal expenditure.

"(2) Approaches that would permit entering into agreements with

non-Federal entities, such as airport sponsors, for the loan of

Federal funds, guarantee of loan repayment, or purchase of

insurance or other forms of enhancement for borrower debt,

including the use of unobligated Airport Improvement Program

contract authority and unobligated balances in the Airport and

Airway Trust Fund.

"(3) Means to lower the cost of financing airport development.

"(c) Consultation. - In considering innovative financing pursuant

to this section, the Secretary may consult with airport owners and

operators and public and private sector experts.

"(d) Report to Congress. - Not later than 12 months after the

date of the enactment of this Act [Aug. 23, 1994], the Secretary

shall transmit to Congress a report on the results of the study

conducted under subsection (a)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 16 section 460kkk.

-End-

-CITE-

49 USC Sec. 47102 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47102. Definitions

-STATUTE-

In this subchapter -

(1) "air carrier airport" means a public airport regularly

served by -

(A) an air carrier certificated by the Secretary of

Transportation under section 41102 of this title (except a

charter air carrier); or

(B) at least one air carrier -

(i) operating under an exemption from section 41101(a)(1)

of this title that the Secretary grants; and

(ii) having at least 2,500 passenger boardings at the

airport during the prior calendar year.

(2) "airport" -

(A) means -

(i) an area of land or water used or intended to be used

for the landing and taking off of aircraft;

(ii) an appurtenant area used or intended to be used for

airport buildings or other airport facilities or rights of

way; and

(iii) airport buildings and facilities located in any of

those areas; and

(B) includes a heliport.

(3) "airport development" means the following activities, if

undertaken by the sponsor, owner, or operator of a public-use

airport:

(A) constructing, repairing, or improving a public-use

airport, including -

(i) removing, lowering, relocating, marking, and lighting

an airport hazard; and

(ii) preparing a plan or specification, including carrying

out a field investigation.

(B) acquiring for, or installing at, a public-use airport -

(i) a navigation aid or another aid (including a precision

approach system) used by aircraft for landing at or taking

off from the airport, including preparing the site as

required by the acquisition or installation;

(ii) safety or security equipment, including explosive

detection devices, universal access systems, and emergency

call boxes, the Secretary requires by regulation for, or

approves as contributing significantly to, the safety or

security of individuals and property at the airport and

integrated in-pavement lighting systems for runways and

taxiways and other runway and taxiway incursion prevention

devices;

(iii) equipment to remove snow, to measure runway surface

friction, or for aviation-related weather reporting,

including closed circuit weather surveillance equipment if

the airport is located in Alaska;

(iv) firefighting and rescue equipment at an airport that

serves scheduled passenger operations of air carrier aircraft

designed for more than 20 passenger seats;

(v) aircraft deicing equipment and structures (except

aircraft deicing fluids and storage facilities for the

equipment and fluids);

(vi) interactive training systems;

(vii) windshear detection equipment that is certified by

the Administrator of the Federal Aviation Administration;

(viii) stainless steel adjustable lighting extensions

approved by the Administrator;

(ix) engineered materials arresting systems as described in

the Advisory Circular No. 150/5220-22 published by the

Federal Aviation Administration on August 21, 1998, including

any revision to the circular; and

(x) replacement of baggage conveyor systems, and

reconfiguration of terminal baggage areas, that the Secretary

determines are necessary to install bulk explosive detection

devices.

(C) acquiring an interest in land or airspace, including land

for future airport development, that is needed -

(i) to carry out airport development described in subclause

(A) or (B) of this clause; or

(ii) to remove or mitigate an existing airport hazard or

prevent or limit the creation of a new airport hazard.

(D) acquiring land for, or constructing, a burn area training

structure on or off the airport to provide live fire drill

training for aircraft rescue and firefighting personnel

required to receive the training under regulations the

Secretary prescribes, including basic equipment and minimum

structures to support the training under standards the

Administrator of the Federal Aviation Administration

prescribes.

(E) relocating after December 31, 1991, an air traffic

control tower and any navigational aid (including radar) if the

relocation is necessary to carry out a project approved by the

Secretary under this subchapter or under section 40117.

(F) constructing, reconstructing, repairing, or improving an

airport, or purchasing capital equipment for an airport, if

necessary for compliance with the responsibilities of the

operator or owner of the airport under the Americans with

Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Clean

Air Act (42 U.S.C. 7401 et seq.), and the Federal Water

Pollution Control Act (33 U.S.C. 1251 et seq.), except

constructing or purchasing capital equipment that would benefit

primarily a revenue-producing area of the airport used by a

nonaeronautical business.

(G) acquiring land for, or work necessary to construct, a pad

suitable for deicing aircraft before takeoff at a commercial

service airport, including constructing or reconstructing paved

areas, drainage collection structures, treatment and discharge

systems, appropriate lighting, paved access for deicing

vehicles and aircraft, but not including acquiring aircraft

deicing fluids or constructing or reconstructing storage

facilities for aircraft deicing equipment or fluids.

(H) routine work to preserve and extend the useful life of

runways, taxiways, and aprons at airports that are not primary

airports, under guidelines issued by the Administrator of the

Federal Aviation Administration.

(I) constructing, reconstructing, or improving an airport, or

purchasing nonrevenue generating capital equipment to be owned

by an airport, for the purpose of transferring passengers,

cargo, or baggage between the aeronautical and ground

transportation modes on airport property.

(J) in fiscal year 2002, any additional security related

activity required by law or by the Secretary after September

11, 2001, and before October 1, 2002.

(K) in fiscal year 2002 with respect to funds apportioned

under section 47114 in fiscal years 2001 and 2002, any

activity, including operational activities, of an airport that

is not a primary airport if that airport is located within the

confines of enhanced class B airspace, as defined by Notice to

Airmen FDC 1/0618 issued by the Federal Aviation Administration

and the activity was carried out when any restriction in the

Notice is in effect.

(L) in fiscal year 2002, payments for debt service on

indebtedness incurred to carry out a project at an airport

owned or controlled by the sponsor or at a privately owned or

operated airport passenger terminal financed by indebtedness

incurred by the sponsor if the Secretary determines that such

payments are necessary to prevent a default on the

indebtedness.

(4) "airport hazard" means a structure or object of natural

growth located on or near a public-use airport, or a use of land

near the airport, that obstructs or otherwise is hazardous to the

landing or taking off of aircraft at or from the airport.

(5) "airport planning" means planning as defined by regulations

the Secretary prescribes and includes integrated airport system

planning.

(6) "amount made available under section 48103 of this title"

means the amount authorized for grants under section 48103 of

this title as reduced by any law enacted after September 3, 1982.

(7) "commercial service airport" means a public airport in a

State that the Secretary determines has at least 2,500 passenger

boardings each year and is receiving scheduled passenger aircraft

service.

(8) "integrated airport system planning" means developing for

planning purposes information and guidance to decide the extent,

kind, location, and timing of airport development needed in a

specific area to establish a viable, balanced, and integrated

system of public-use airports, including -

(A) identifying system needs;

(B) developing an estimate of systemwide development costs;

(C) conducting studies, surveys, and other planning actions,

including those related to airport access, needed to decide

which aeronautical needs should be met by a system of airports;

and

(D) standards prescribed by a State, except standards for

safety of approaches, for airport development at nonprimary

public-use airports.

(9) "landed weight" means the weight of aircraft transporting

only cargo in intrastate, interstate, and foreign air

transportation, as the Secretary determines under regulations the

Secretary prescribes.

(10) "passenger boardings" -

(A) means revenue passenger boardings on an aircraft in

service in air commerce as the Secretary determines under

regulations the Secretary prescribes; and

(B) includes passengers who continue on an aircraft in

international flight that stops at an airport in the 48

contiguous States, Alaska, or Hawaii for a nontraffic purpose.

(11) "primary airport" means a commercial service airport the

Secretary determines to have more than 10,000 passenger boardings

each year.

(12) "project" means a project, separate projects included in

one project grant application, or all projects to be undertaken

at an airport in a fiscal year, to achieve airport development or

airport planning.

(13) "project cost" means a cost involved in carrying out a

project.

(14) "project grant" means a grant of money the Secretary makes

to a sponsor to carry out at least one project.

(15) "public agency" means -

(A) a State or political subdivision of a State;

(B) a tax-supported organization; or

(C) an Indian tribe or pueblo.

(16) "public airport" means an airport used or intended to be

used for public purposes -

(A) that is under the control of a public agency; and

(B) of which the area used or intended to be used for the

landing, taking off, or surface maneuvering of aircraft is

publicly owned.

(17) "public-use airport" means -

(A) a public airport; or

(B) a privately-owned airport used or intended to be used for

public purposes that is -

(i) a reliever airport; or

(ii) determined by the Secretary to have at least 2,500

passenger boardings each year and to receive scheduled

passenger aircraft service.

(18) "reliever airport" means an airport the Secretary

designates to relieve congestion at a commercial service airport

and to provide more general aviation access to the overall

community.

(19) "sponsor" means -

(A) a public agency that submits to the Secretary under this

subchapter an application for financial assistance; and

(B) a private owner of a public-use airport that submits to

the Secretary under this subchapter an application for

financial assistance for the airport.

(20) "State" means a State of the United States, the District

of Columbia, Puerto Rico, the Virgin Islands, American Samoa, the

Northern Mariana Islands, the Trust Territory of the Pacific

Islands, and Guam.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1248; Pub. L.

103-305, title I, Sec. 105, Aug. 23, 1994, 108 Stat. 1572; Pub. L.

104-264, title I, Sec. 142(b)(1), Oct. 9, 1996, 110 Stat. 3221;

Pub. L. 106-181, title I, Secs. 121(c), 122, 123(b), 137(b), title

V, Sec. 514(a), Apr. 5, 2000, 114 Stat. 74, 75, 85, 144; Pub. L.

107-71, title I, Sec. 119(a)(1), (5), Nov. 19, 2001, 115 Stat. 628,

629.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47102(1) (no source).

47102(2) 49 App.:2202(a)(1). Sept. 3, 1982, Pub. L.

97-248, Sec. 503(a)(1), 96

Stat. 672; Dec. 30, 1987,

Pub. L. 100-223, Sec.

103(a), 101 Stat. 1488.

49 App.:2202(a)(21). Sept. 3, 1982, Pub. L.

97-248, Sec.

503(a)(13)-(19), (21)-(23),

96 Stat. 673, 674; Dec. 30,

1987, Pub. L. 100-223, Sec.

103(c)(1), 101 Stat. 1488.

47102(3) 49 App.:2202(a)(2). Sept. 3, 1982, Pub. L.

97-248, Sec. 503(a)(2), 96

Stat. 672; Dec. 30, 1987,

Pub. L. 100-223, Sec.

103(b), 101 Stat. 1488; Nov.

5, 1990, Pub. L. 101-508,

Sec. 9102, 104 Stat.

1388-354; Oct. 31, 1992,

Pub. L. 102-581, Sec.

112(a), (b), 106 Stat. 4880.

47102(4) 49 App.:2202(a)(3). Sept. 3, 1982, Pub. L.

97-248, Sec. 503(a)(3)-(5),

(7), (8), (b), 96 Stat. 673,

674.

47102(5) 49 App.:2202(a)(4).

47102(6) 49 App.:2202(b).

47102(7) 49 App.:2202(a)(5).

47102(8) 49 App.:2202(a)(7).

47102(9) 49 App.:2202(a)(9). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

503(a)(9); added Dec. 30,

1987, Pub. L. 100-223, Sec.

103(c)(2), 101 Stat. 1488.

47102(10) 49 App.:2202(a)(10). Sept. 3, 1982, Pub. L.

97-248, Sec. 503(a)(10), 96

Stat. 673; Dec. 30, 1987,

Pub. L. 100-223, Sec.

103(c)(1), (d), 101 Stat.

1488; Oct. 31, 1992, Pub. L.

102-581, Sec. 115, 106 Stat.

4881.

47102(11) 49 App.:2202(a)(12). Sept. 3, 1982, Pub. L.

97-248, Sec. 503(a)(12), 96

Stat. 673; Dec. 30, 1987,

Pub. L. 100-223, Sec.

103(c)(1), (e), 101 Stat.

1488.

47102(12) 49 App.:2202(a)(13).

47102(13) 49 App.:2202(a)(14).

47102(14) 49 App.:2202(a)(15).

47102(15) 49 App.:2202(a)(16).

47102(16) 49 App.:2202(a)(8),

(17).

47102(17) 49 App.:2202(a)(18).

47102(18) 49 App.:2202(a)(19).

47102(19) 49 App.:2202(a)(22).

47102(20) 49 App.:2202(a)(23).

--------------------------------------------------------------------

In this section, before clause (1), the words "In this

subchapter" are substituted for "As used in this chapter" and

"Whenever in this chapter reference is made to . . . such reference

shall mean" for consistency in the revised title and with other

titles of the United States Code and to eliminate unnecessary

words.

Clause (1) restates the definition of "air carrier airport" that

was contained in section 11(1) of the Airport and Airway

Development Act of 1970 as in effect both on February 18, 1980, and

immediately before September 3, 1982. The clause is added to this

section to eliminate the cross-references to definitions in section

11 of the Airport and Airway Development Act of 1970 that are

contained in the source provisions restated in sections 47106(d)

and 47119(a) of the revised title. Because some of the terms used

in the definition of "air carrier airport" were themselves defined

in section 11, the definitions of those terms are incorporated in

the definition added in clause (1) to the extent they differ from

the definitions of those terms restated in this section. The words

"Secretary of Transportation" and "Secretary" are substituted for

"Civil Aeronautics Board" because of the transfer of authority

under 49 App.:1551(b)(1)(E).

In clause (2), before subclause (A), the text of 49

App.:2202(a)(21) is omitted as surplus because the complete name of

the Secretary of Transportation is used the first time the term

appears in a section. In subclause (A)(iii), the words "those

areas" are substituted for "thereon" for clarity.

In clause (3)(A), before subclause (i), the words "any work

involved in" and "or portion thereof" are eliminated as

unnecessary. The word "reconstructing" is omitted as being included

in "constructing". In subclause (ii), the words "carrying out a

field investigation" are substituted for "field investigations

incidental thereto" for clarity.

In clause (3)(B), before subclause (i), the word "for" is

substituted for "by" for clarity. In subclause (i), the words

"required by the acquisition or installation" are substituted for

"thereby required" for clarity. In subclause (ii), the word

"individuals" is substituted for "persons" for clarity and

consistency in the revised title and with other titles of the Code.

In clause (3)(C), before subclause (i), the words "interest in

land or airspace" are substituted for "land or of any interest

therein, or of any easement through or other interest in airspace"

to eliminate unnecessary words. In subclause (ii), the words

"existing airport hazard . . . the creation of a new airport

hazard" are added for clarity and consistency in this chapter.

In clause (3)(D), the words "any . . . work involved to" are

omitted as surplus. The word "Secretary" is substituted for

"Department of Transportation" because of 49:102(b). The words

"Administrator of the" are added because of 49:106(b).

In clause (4), the word "near" is substituted for "in the

vicinity of" to eliminate unnecessary words. The words "obstructs

or otherwise is hazardous to the landing or taking off" are

substituted for "obstructs the airspace required for the flight of

aircraft in landing or taking off . . . or is otherwise hazardous

to such landing or taking off" for clarity and to eliminate

unnecessary words.

In clause (6), the words "for a fiscal year . . . for that fiscal

year" are omitted as surplus. The words "authorized for grants" are

substituted for "made available for obligation" for clarity and

consistency. The word "law" is substituted for "Act of Congress"

for consistency in the revised title and with other titles of the

Code. The words "or limited" are omitted as surplus.

In clause (8), before subclause (A), the words "the initial as

well as continuing" and "nature" are omitted as surplus. In

subclause (C), the words "needed to decide which aeronautical needs

should be met" are substituted for "as may be necessary to

determine the short-, intermediate-, and long-range aeronautical

demands required to be met" for clarity and to eliminate

unnecessary words. The word "particular" is eliminated as

unnecessary. In subclause (D), the word "prescribed" is substituted

for "the establishment . . . of" for consistency in the revised

title and with other titles of the Code.

In clause (9), the words "scheduled and nonscheduled" are omitted

as surplus. The word "cargo" is substituted for "property

(including mail)" for consistency in the revised title.

In clause (10), before subclause (A), the words "passenger

boardings" are substituted for "passengers enplaned" for clarity.

In subclause (A), the words "domestic, territorial, and

international", "in the States", "scheduled and nonscheduled", and

"intrastate, interstate, and foreign" are omitted as surplus. In

subclause (B), the words "who continue on an aircraft in" are

substituted for "on board" for clarity. (See Cong. Rec., pp.

S15296, 15297, Oct. 28, 1987, daily ed.). The words "that stops"

are substituted for "which transit" for clarity. The word "located"

is omitted as surplus.

In clause (12), the words "included in one project grant

application" are substituted for "submitted together", and the

words "or all projects to be undertaken" are substituted for

"including the combined submission of all projects", for clarity

and consistency in this chapter.

In clause (15)(A), the words "or any agency of a State, a

municipality . . . other" are omitted as surplus.

In clause (19)(A), the words "either individually or jointly with

one or more other public agencies" are omitted as surplus.

In clause (20), the words "the Commonwealth of" and "the

Government of" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The Americans with Disabilities Act of 1990, referred to in par.

(3)(F), is Pub. L. 101-336, July 26, 1990, 104 Stat. 327, which is

classified principally to chapter 126 (Sec. 12101 et seq.) of Title

42, The Public Health and Welfare. For complete classification of

this Act to the Code, see Short Title note set out under section

12101 of Title 42 and Tables.

The Clean Air Act, referred to in par. (3)(F), is act July 14,

1955, ch. 360, 69 Stat. 322, as amended, which is classified

generally to chapter 85 (Sec. 7401 et seq.) of Title 42. For

complete classification of this Act to the Code, see Short Title

note set out under section 7401 of Title 42 and Tables.

The Federal Water Pollution Control Act, referred to in par.

(3)(F), is act June 30, 1948, ch. 758, as amended generally by Pub.

L. 92-500, Sec. 2, Oct. 18, 1972, 86 Stat. 816, which is classified

generally to chapter 26 (Sec. 1251 et seq.) of Title 33, Navigation

and Navigable Waters. For complete classification of this Act to

the Code, see Short Title note set out under section 1251 of Title

33 and Tables.

-MISC2-

AMENDMENTS

2001 - Par. (3)(B)(x). Pub. L. 107-71, Sec. 119(a)(5), added cl.

(x).

Par. (3)(J) to (L). Pub. L. 107-71, Sec. 119(a)(1), added

subpars. (J) to (L).

2000 - Par. (3)(B)(ii). Pub. L. 106-181, Sec. 121(c)(1),

substituted ", universal access systems, and emergency call boxes,"

for "and universal access systems," and inserted "and integrated

in-pavement lighting systems for runways and taxiways and other

runway and taxiway incursion prevention devices" before semicolon

at end.

Par. (3)(B)(iii). Pub. L. 106-181, Sec. 121(c)(2), inserted

before semicolon at end ", including closed circuit weather

surveillance equipment if the airport is located in Alaska".

Par. (3)(B)(vii), (viii). Pub. L. 106-181, Sec. 122, added cls.

(vii) and (viii).

Par. (3)(B)(ix). Pub. L. 106-181, Sec. 514(a), added cl. (ix).

Par. (3)(H). Pub. L. 106-181, Sec. 123(b), added subpar. (H).

Par. (3)(I). Pub. L. 106-181, Sec. 137(b), added subpar. (I).

1996 - Par. (3)(E). Pub. L. 104-264, Sec. 142(b)(1)(A), inserted

"or under section 40117" before period at end.

Par. (3)(F). Pub. L. 104-264, Sec. 142(b)(1)(B), struck out "paid

for by a grant under this subchapter and" after "airport, if".

1994 - Par. (3)(B)(ii). Pub. L. 103-305 inserted ", including

explosive detection devices and universal access systems," after

"or security equipment".

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 40117, 44502, 47106,

47109, 47110, 47114, 47115, 47134, 47151, 47501, 50104 of this

title; title 18 section 1036; title 19 section 1644a; title 50 App.

section 1622.

-End-

-CITE-

49 USC Sec. 47103 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47103. National plan of integrated airport systems

-STATUTE-

(a) General Requirements and Considerations. - The Secretary of

Transportation shall maintain the plan for developing public-use

airports in the United States, named "the national plan of

integrated airport systems". The plan shall include the kind and

estimated cost of eligible airport development the Secretary of

Transportation considers necessary to provide a safe, efficient,

and integrated system of public-use airports adequate to anticipate

and meet the needs of civil aeronautics, to meet the national

defense requirements of the Secretary of Defense, and to meet

identified needs of the United States Postal Service. Airport

development included in the plan may not be limited to meeting the

needs of any particular classes or categories of public-use

airports. In maintaining the plan, the Secretary of Transportation

shall consider the needs of each segment of civil aviation and the

relationship of each airport to -

(1) the rest of the transportation system in the particular

area;

(2) forecasted technological developments in aeronautics; and

(3) forecasted developments in other modes of intercity

transportation.

(b) Specific Requirements. - In maintaining the plan, the

Secretary of Transportation shall -

(1) to the extent possible and as appropriate, consult with

departments, agencies, and instrumentalities of the United States

Government, with public agencies, and with the aviation

community;

(2) consider tall structures that reduce safety or airport

capacity; and

(3) make every reasonable effort to address the needs of air

cargo operations, Short Takeoff and Landing/Very Short Takeoff

and Landing aircraft operations, and rotary wing aircraft

operations.

(c) Availability of Domestic Military Airports and Airport

Facilities. - To the extent possible, the Secretary of Defense

shall make domestic military airports and airport facilities

available for civil use. In advising the Secretary of

Transportation under subsection (a) of this section, the Secretary

of Defense shall indicate the extent to which domestic military

airports and airport facilities are available for civil use.

(d) Publication. - The Secretary of Transportation shall publish

the status of the plan every 2 years.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1251.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47103(a) 49 App.:2203(a)(1) Sept. 3, 1982, Pub. L.

(2d-last sentences). 97-248, Sec. 504(a)(1), 96

Stat. 675; Dec. 30, 1987,

Pub. L. 100-223, Sec.

104(a)(1)(A), (2), 101 Stat.

1489.

47103(b) 49 App.:2203(a)(2). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

504(a)(2); added Dec. 30,

1987, Pub. L. 100-223, Sec.

104(a)(1)(B), 101 Stat. 1489.

49 App.:2203(c). Sept. 3, 1982, Pub. L.

97-248, Sec. 504(c), 96

Stat. 676.

47103(c) 49 App.:2203(d)(1). Sept. 3, 1982, Pub. L.

97-248, Sec. 504(d)(1), 96

Stat. 676; Dec. 30, 1987,

Pub. L. 100-223, Sec.

104(b)(2), 101 Stat. 1489.

47103(d) 49 App.:2203(a)(1)

(1st sentence).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "shall maintain"

and "In maintaining" are substituted for "In reviewing and

revising" for clarity and consistency in the revised title. The

word "named" is substituted for "After September 3, 1982, the

revised national airport system plan shall be known as", and the

words "the national defense requirements of the Secretary of

Defense" are substituted for "requirements in support of the

national defense as determined by the Secretary of Defense", to

eliminate unnecessary words. The words "included in the plan may

not be limited to meeting the needs of any particular" are

substituted for "identified by this plan shall not be limited to

the requirements of any" for clarity and consistency in this

section. The words "among other things" are omitted as surplus.

In subsection (b), before clause (1), the words "In maintaining"

are substituted for "In reviewing and revising" for consistency in

this section. In clause (1), the words "departments, agencies, and

instrumentalities of the United States Government" are substituted

for "Federal . . . agencies" for consistency in the revised title

and with other titles of the United States Code. In clauses (2) and

(3), the words "As soon as feasible following December 30, 1987"

are omitted as obsolete. In clause (3), the word "legitimate" is

omitted as surplus.

In subsection (c), the words "Secretary of Defense" are

substituted for "Department of Defense" because of 10:133.

In subsection (d), the words "Not later than two years after

September 3, 1982" are omitted as executed.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47114 of this title.

-End-

-CITE-

49 USC Sec. 47104 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47104. Project grant authority

-STATUTE-

(a) General Authority. - To maintain a safe and efficient

nationwide system of public-use airports that meets the present and

future needs of civil aeronautics, the Secretary of Transportation

may make project grants under this subchapter from the Airport and

Airway Trust Fund.

(b) Incurring Obligations. - The Secretary may incur obligations

to make grants from amounts made available under section 48103 of

this title as soon as the amounts are apportioned under section

47114(c) and (d)(2) of this title.

(c) Expiration of Authority. - After September 30, 2003, the

Secretary may not incur obligations under subsection (b) of this

section, except for obligations of amounts -

(1) remaining available after that date under section 47117(b)

of this title; or

(2) recovered by the United States Government from grants made

under this chapter if the amounts are obligated only for

increases under section 47108(b)(2) and (3) of this title in the

maximum amount of obligations of the Government for any other

grant made under this title.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1252; Pub. L.

103-305, title I, Sec. 101(b), Aug. 23, 1994, 108 Stat. 1571; Pub.

L. 103-429, Sec. 6(63), Oct. 31, 1994, 108 Stat. 4385; Pub. L.

104-264, title I, Sec. 101(b), Oct. 9, 1996, 110 Stat. 3216; Pub.

L. 105-277, div. C, title I, Sec. 110(b)(2), Oct. 21, 1998, 112

Stat. 2681-587; Pub. L. 106-6, Sec. 2(b), Mar. 31, 1999, 113 Stat.

10; Pub. L. 106-31, title VI, Sec. 6002(b), May 21, 1999, 113 Stat.

113; Pub. L. 106-59, Sec. 1(b), Sept. 29, 1999, 113 Stat. 482; Pub.

L. 106-181, title I, Sec. 101(b), Apr. 5, 2000, 114 Stat. 65.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47104(a) 49 App.:2202(a)(24). Sept. 3, 1982, Pub. L.

97-248, Sec. 503(a)(24), 96

Stat. 674; Dec. 30, 1987,

Pub. L. 100-223, Sec.

103(c)(1), 101 Stat. 1488.

49 App.:2204(a) Sept. 3, 1982, Pub. L.

(1st sentence). 97-248, Sec. 505(a) (1st

sentence), 96 Stat. 676.

47104(b) 49 App.:2204(b)(1) Sept. 3, 1982, Pub. L.

(1st sentence). 97-248, Sec. 505(b)(1), 96

Stat. 677; Nov. 5, 1990,

Pub. L. 101-508, Sec.

9104(2), 104 Stat. 1388-355;

Oct. 31, 1992, Pub. L.

102-581, Sec. 102(b), 106

Stat. 4877.

47104(c) 49 App.:2204(b)(1)

(last sentence).

--------------------------------------------------------------------

In subsection (a), the words "project grants" are substituted for

"grants . . . for airport development and airport planning by

project grants" in 49 App.:2204(a) to eliminate unnecessary words

and because of the definitions of "project" and "project grant" in

section 47102 of the revised title.

In subsection (b), the words "and such authority shall exist with

respect to funds available for the making of grants for any fiscal

year or part thereof pursuant to subsection (a) of this section"

are omitted as surplus.

In subsection (c), the words "except for obligations of amounts"

are substituted for "except that nothing in this section shall

preclude the obligation by grant agreement of apportioned funds" to

eliminate unnecessary words.

PUB. L. 103-429

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47104(c) 49 App.:2204(b)(1) Sept. 3, 1982, Pub. L.

(last sentence). 97-248, Sec. 505(b)(1) (last

sentence), as amended May

26, 1994, Pub. L. 103-260,

Sec. 109, 108 Stat. 700.

49App.:2204 note.

--------------------------------------------------------------------

In subsection (c), the text of section 109(b) of the Airport

Improvement Program Temporary Extension Act of 1994 (Public Law

103-260, 108 Stat. 700) is omitted as executed.

AMENDMENTS

2000 - Subsec. (c). Pub. L. 106-181 substituted "After September

30, 2003," for "After September 30, 1999,".

1999 - Subsec. (c). Pub. L. 106-59 substituted "September 30,

1999" for "August 6, 1999" in introductory provisions.

Pub. L. 106-31 substituted "August 6, 1999" for "May 31, 1999" in

introductory provisions.

Pub. L. 106-6 substituted "May" for "March" in introductory

provisions.

1998 - Subsec. (c). Pub. L. 105-277 substituted "March 31, 1999"

for "September 30, 1998" in introductory provisions.

1996 - Subsec. (c). Pub. L. 104-264 substituted "1998" for "1996"

in introductory provisions.

1994 - Subsec. (c). Pub. L. 103-429 reenacted heading without

change and amended text generally. Prior to amendment, text read as

follows: "After September 30, 1996, the Secretary may not incur

obligations under subsection (b) of this section, except for

obligations of amounts remaining available after that date under

section 47117(b) of this title."

Pub. L. 103-305 substituted "After September 30, 1996, the

Secretary" for "After September 30, 1993, the Secretary".

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

DESIGN-BUILD CONTRACTING

Pub. L. 106-181, title I, Sec. 139, Apr. 5, 2000, 114 Stat. 85,

provided that:

"(a) Pilot Program. - The Administrator [of the Federal Aviation

Administration] may establish a pilot program under which

design-build contracts may be used to carry out up to 7 projects at

airports in the United States with a grant awarded under section

47104 of title 49, United States Code. A sponsor of an airport may

submit an application to the Administrator to carry out a project

otherwise eligible for assistance under chapter 471 of such title

under the pilot program.

"(b) Use of Design-Build Contracts. - Under the pilot program,

the Administrator may approve an application of an airport sponsor

under this section to authorize the airport sponsor to award a

design-build contract using a selection process permitted under

applicable State or local law if -

"(1) the Administrator approves the application using criteria

established by the Administrator;

"(2) the design-build contract is in a form that is approved by

the Administrator;

"(3) the Administrator is satisfied that the contract will be

executed pursuant to competitive procedures and contains a

schematic design adequate for the Administrator to approve the

grant;

"(4) use of a design-build contract will be cost effective and

expedite the project;

"(5) the Administrator is satisfied that there will be no

conflict of interest; and

"(6) the Administrator is satisfied that the selection process

will be as open, fair, and objective as the competitive bid

system and that at least three or more bids will be submitted for

each project under the selection process.

"(c) Reimbursement of Costs. - The Administrator may reimburse an

airport sponsor for design and construction costs incurred before a

grant is made pursuant to this section if the project is approved

by the Administrator in advance and is carried out in accordance

with all administrative and statutory requirements that would have

been applicable under chapter 471 of title 49, United States Code,

if the project were carried out after a grant agreement had been

executed.

"(d) Design-Build Contract Defined. - In this section, the term

'design-build contract' means an agreement that provides for both

design and construction of a project by a contractor.

"(e) Expiration of Authority. - The authority of the

Administrator to carry out the pilot program under this section

shall expire on September 30, 2003."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47107, 47117, 47118,

47524, 48103 of this title.

-End-

-CITE-

49 USC Sec. 47105 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47105. Project grant applications

-STATUTE-

(a) Submission and Consultation. - (1) An application for a

project grant under this subchapter may be submitted to the

Secretary of Transportation by -

(A) a sponsor; or

(B) a State, as the only sponsor, for an airport development

project benefitting 1 or more airports in the State or for

airport planning for projects for 1 or more airports in the State

if -

(i) the sponsor of each airport gives written consent that

the State be the applicant;

(ii) the Secretary is satisfied there is administrative merit

and aeronautical benefit in the State being the sponsor; and

(iii) an acceptable agreement exists that ensures that the

State will comply with appropriate grant conditions and other

assurances the Secretary requires.

(2) Before deciding to undertake an airport development project

at an airport under this subchapter, a sponsor shall consult with

the airport users that will be affected by the project.

(3) This subsection does not authorize a public agency that is

subject to the laws of a State to apply for a project grant in

violation of a law of the State.

(b) Contents and Form. - An application for a project grant under

this subchapter -

(1) shall describe the project proposed to be undertaken;

(2) may propose a project only for a public-use airport

included in the current national plan of integrated airport

systems;

(3) may propose airport development only if the development

complies with standards the Secretary prescribes or approves,

including standards for site location, airport layout, site

preparation, paving, lighting, and safety of approaches; and

(4) shall be in the form and contain other information the

Secretary prescribes.

(c) State Standards for Airport Development. - The Secretary may

approve standards (except standards for safety of approaches) that

a State prescribes for airport development at nonprimary public-use

airports in the State. On approval under this subsection, a State's

standards apply to the nonprimary public-use airports in the State

instead of the comparable standards prescribed by the Secretary

under subsection (b)(3) of this section. The Secretary, or the

State with the approval of the Secretary, may revise standards

approved under this subsection.

(d) Certification of Compliance. - The Secretary may require a

sponsor to certify that the sponsor will comply with this

subchapter in carrying out the project. The Secretary may rescind

the acceptance of a certification at any time. This subsection does

not affect an obligation or responsibility of the Secretary under

another law of the United States.

(e) Preventive Maintenance. - After January 1, 1995, the

Secretary may approve an application under this subchapter for the

replacement or reconstruction of pavement at an airport only if the

sponsor has provided such assurances or certifications as the

Secretary may determine appropriate that such airport has

implemented an effective airport pavement maintenance-management

program. The Secretary may require such reports on pavement

condition and pavement management programs as the Secretary

determines may be useful.

(f) Notification. - The sponsor of an airport for which an amount

is apportioned under section 47114(c) of this title shall notify

the Secretary of the fiscal year in which the sponsor intends to

submit a project grant application for the apportioned amount. The

notification shall be given by the time and contain the information

the Secretary prescribes.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1253; Pub. L.

103-305, title I, Secs. 106, 107(a), Aug. 23, 1994, 108 Stat.

1572.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47105(a) 49 App.:2208(a)(1) Sept. 3, 1982, Pub. L.

(1)(A) (1st sentence 97-248, Secs. 509(a)(1),

related to (c), (d), 511(c), 96 Stat.

authority to submit 682, 685, 688.

applications).

47105(a) 49 App.:2208(a)(3). Sept. 3, 1982, Pub. L.

(1)(B) 97-248, 96 Stat. 324, Sec.

509(a)(3); added Dec. 30,

1987, Pub. L. 100-223, Sec.

108, 101 Stat. 1498.

47105(a)(2) 49 App.:2210(c).

47105(a)(3) 49 App.:2208(a)(1)

(3d sentence).

47105(b) 49 App.:2208(a)(1)

(1st sentence

related to form and

contents, 2d, last

sentences).

47105(c) 49 App.:2208(c).

47105(d) 49 App.:2208(d).

47105(e) 49 App.:2208(e). Sept. 3, 1982, Pub. L.

97-248, Sec. 509(e), 96

Stat. 685; Dec. 30, 1987,

Pub. L. 100-223, Sec.

106(b)(3)(B), 101 Stat. 1498.

--------------------------------------------------------------------

In subsection (a)(1), before clause (A), the words "Subject to

the provisions of this subsection" are omitted as surplus. The

words "for one or more projects" are omitted as surplus because of

the definition of "project grant" in section 47102 of the revised

title. Clause (A) is substituted for "(A) any public agency, or two

or more public agencies acting jointly, or (B) any sponsor of a

public-use airport, or two or more such sponsors, acting jointly"

because of the definition of "sponsor" in section 47102 of the

revised title.

In subsection (a)(2), the word "Before" is substituted for "In"

as the more appropriate word. The words "at an airport" are

substituted for "at which such project is proposed" to eliminate

unnecessary words. The words "airport users that will be affected

by the project" are substituted for "affected parties" for clarity.

Subsection (a)(3) is substituted for 49 App.:2208(a)(1) (3d

sentence) to eliminate unnecessary words.

In subsection (b)(1), the words "shall describe" are substituted

for "setting forth" for clarity.

In subsection (b)(2), the word "project" is substituted for

"airport development or airport planning" because of the definition

of "project" in section 47102 of the revised title. The words

"prepared pursuant to section 2203 of the Appendix" are eliminated

as unnecessary.

In subsection (c), the words "from time to time" are eliminated

as unnecessary.

In subsection (d), the words "in connection with any project" are

omitted as surplus. The words "that the sponsor will comply with

this subchapter in carrying out the project" are substituted for

"that such sponsor will comply with all of the statutory and

administrative requirements imposed on such sponsor under this

chapter in connection with such project" to eliminate unnecessary

words. The words "or discharge" are omitted as included in

"affect". The words "including, but not limited to, the National

Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section

303 of title 49, title VI of the Civil Rights Act of 1964 (42

U.S.C. 2000b) [42 U.S.C. 2000d et seq.], title VIII of the Act of

April 11, 1968 (42 U.S.C. 3601 et seq.), and the Uniform Relocation

Assistance and Real Property Acquisition Policies Act of 1970 (42

U.S.C. 4601 et seq.)" are omitted as included in "another law of

the United States".

In subsection (e), the words "of an airport for which" are

substituted for "to which" for clarity.

AMENDMENTS

1994 - Subsec. (a)(1)(B). Pub. L. 103-305, Sec. 106, in

introductory provisions, substituted "1 or more airports" for "at

least 2 airports" in two places and struck out "similar" before

"projects".

Subsecs. (e), (f). Pub. L. 103-305, Sec. 107(a), added subsec.

(e) and redesignated former subsec. (e) as (f).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47117 of this title.

-End-

-CITE-

49 USC Sec. 47106 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47106. Project grant application approval conditioned on

satisfaction of project requirements

-STATUTE-

(a) Project Grant Application Approval. - The Secretary of

Transportation may approve an application under this subchapter for

a project grant only if the Secretary is satisfied that -

(1) the project is consistent with plans (existing at the time

the project is approved) of public agencies authorized by the

State in which the airport is located to plan for the development

of the area surrounding the airport;

(2) the project will contribute to carrying out this

subchapter;

(3) enough money is available to pay the project costs that

will not be paid by the United States Government under this

subchapter;

(4) the project will be completed without unreasonable delay;

and

(5) the sponsor has authority to carry out the project as

proposed.

(b) Airport Development Project Grant Application Approval. - The

Secretary may approve an application under this subchapter for an

airport development project grant for an airport only if the

Secretary is satisfied that -

(1) the sponsor, a public agency, or the Government holds good

title to the areas of the airport used or intended to be used for

the landing, taking off, or surface maneuvering of aircraft, or

that good title will be acquired;

(2) the interests of the community in or near which the project

may be located have been given fair consideration; and

(3) the application provides touchdown zone and centerline

runway lighting, high intensity runway lighting, or land

necessary for installing approach light systems that the

Secretary, considering the category of the airport and the kind

and volume of traffic using it, decides is necessary for safe and

efficient use of the airport by aircraft.

(c) Environmental Requirements. - (1) The Secretary may approve

an application under this subchapter for an airport development

project involving the location of an airport or runway or a major

runway extension -

(A) only if the sponsor certifies to the Secretary that -

(i) an opportunity for a public hearing was given to consider

the economic, social, and environmental effects of the location

and the location's consistency with the objectives of any

planning that the community has carried out; and

(ii) the airport management board has voting representation

from the communities in which the project is located or has

advised the communities that they have the right to petition

the Secretary about a proposed project;

(B) only if the chief executive officer of the State in which

the project will be located certifies in writing to the Secretary

that there is reasonable assurance that the project will be

located, designed, constructed, and operated in compliance with

applicable air and water quality standards, except that the

Administrator of the Environmental Protection Agency shall make

the certification instead of the chief executive officer if -

(i) the State has not approved any applicable State or local

standards; and

(ii) the Administrator has prescribed applicable standards;

and

(C) if the application is found to have a significant adverse

effect on natural resources, including fish and wildlife,

natural, scenic, and recreation assets, water and air quality, or

another factor affecting the environment, only after finding that

no possible and prudent alternative to the project exists and

that every reasonable step has been taken to minimize the adverse

effect.

(2) The Secretary may approve an application under this

subchapter for an airport development project that does not involve

the location of an airport or runway, or a major runway extension,

at an existing airport without requiring an environmental impact

statement related to noise for the project if -

(A) completing the project would allow operations at the

airport involving aircraft complying with the noise standards

prescribed for "stage 2" aircraft in section 36.1 of title 14,

Code of Federal Regulations, to replace existing operations

involving aircraft that do not comply with those standards; and

(B) the project meets the other requirements under this

subchapter.

(3) At the Secretary's request, the sponsor shall give the

Secretary a copy of the transcript of any hearing held under

paragraph (1)(A) of this subsection.

(4)(A) Notice of certification or of refusal to certify under

paragraph (1)(B) of this subsection shall be provided to the

Secretary not later than 60 days after the Secretary receives the

application.

(B) The Secretary shall condition approval of the application on

compliance with the applicable standards during construction and

operation.

(5) The Secretary may make a finding under paragraph (1)(C) of

this subsection only after completely reviewing the matter. The

review and finding must be a matter of public record.

(d) Withholding Approval. - (1) The Secretary may withhold

approval of an application under this subchapter for amounts

apportioned under section 47114(c) and (e) of this title for

violating an assurance or requirement of this subchapter only if -

(A) the Secretary provides the sponsor an opportunity for a

hearing; and

(B) not later than 180 days after the later of the date of the

application or the date the Secretary discovers the

noncompliance, the Secretary finds that a violation has occurred.

(2) The 180-day period may be extended by -

(A) agreement between the Secretary and the sponsor; or

(B) the hearing officer if the officer decides an extension is

necessary because the sponsor did not follow the schedule the

officer established.

(3) A person adversely affected by an order of the Secretary

withholding approval may obtain review of the order by filing a

petition in the United States Court of Appeals for the District of

Columbia Circuit or in the court of appeals of the United States

for the circuit in which the project is located. The action must be

brought not later than 60 days after the order is served on the

petitioner.

(e) Reports Relating to Construction of Certain New Hub Airports.

- At least 90 days prior to the approval under this subchapter of a

project grant application for construction of a new hub airport

that is expected to have 0.25 percent or more of the total annual

enplanements in the United States, the Secretary shall submit to

Congress a report analyzing the anticipated impact of such proposed

new airport on -

(1) the fees charged to air carriers (including landing fees),

and other costs that will be incurred by air carriers, for using

the proposed airport;

(2) air transportation that will be provided in the geographic

region of the proposed airport; and

(3) the availability and cost of providing air transportation

to rural areas in such geographic region.

(f) Competition Plans. -

(1) Prohibition. - Beginning in fiscal year 2001, no passenger

facility fee may be approved for a covered airport under section

40117 and no grant may be made under this subchapter for a

covered airport unless the airport has submitted to the Secretary

a written competition plan in accordance with this subsection.

(2) Contents. - A competition plan under this subsection shall

include information on the availability of airport gates and

related facilities, leasing and sub-leasing arrangements,

gate-use requirements, patterns of air service, gate-assignment

policy, financial constraints, airport controls over air- and

ground-side capacity, whether the airport intends to build or

acquire gates that would be used as common facilities, and

airfare levels (as compiled by the Department of Transportation)

compared to other large airports.

(3) Special rule for fiscal year 2002. - This subsection does

not apply to any passenger facility fee approved, or grant made,

in fiscal year 2002 if the fee or grant is to be used to improve

security at a covered airport.

(4) Covered airport defined. - In this subsection, the term

"covered airport" means a commercial service airport -

(A) that has more than .25 percent of the total number of

passenger boardings each year at all such airports; and

(B) at which one or two air carriers control more than 50

percent of the passenger boardings.

(g) Consultation With Secretary of Homeland Security. - The

Secretary shall consult with the Secretary of Homeland Security

before approving an application under this subchapter for an

airport development project grant for activities described in

section 47102(3)(B)(ii) only as they relate to security equipment

or section 47102(3)(B)(x) only as they relate to installation of

bulk explosive detection system.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1254; Pub. L.

103-305, title I, Secs. 108, 109, Aug. 23, 1994, 108 Stat. 1573;

Pub. L. 106-181, title I, Sec. 155(b), Apr. 5, 2000, 114 Stat. 88;

Pub. L. 107-71, title I, Sec. 123(a), Nov. 19, 2001, 115 Stat. 630;

Pub. L. 107-296, title IV, Sec. 426(b), Nov. 25, 2002, 116 Stat.

2187.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47106(a) 49 App.:2208(b) Sept. 3, 1982, Pub. L.

(1)(A)-(D). 97-248, Secs. 503(a)(8),

509(b)(1)(A)- (D), (2)-(4),

(5) (last sentence words

after 11th comma),

(6)(B)-(8), 96 Stat. 673,

683, 684.

47106(b) 49 App.:2202(a)(8).

49 App.:2208(b)

(2)-(4).

47106(c) 49 Sept. 3, 1982, Pub. L.

(1)(A) App.:2208(b)(6)(A). 97-248, Sec. 509(b)(6)(A),

96 Stat. 684; Oct. 31,

1992, Pub. L. 102-581, Sec.

113(b), 106 Stat. 4881.

47106(c) 49

(1)(B) App.:2208(b)(7)(A)

(1st, 2d sentences).

47106(c) 49 App.:2208(b)(5)

(1)(C) (last sentence

words between 11th

and 12th commas and

after last comma).

47106(c)(2) 49 App.:2208(b)(8).

47106(c)(3) 49

App.:2208(b)(6)(B).

47106(c)(4) 49

App.:2208(b)(7)(A)

(last sentence),

(B).

47106(c)(5) 49 App.:2208(b)(5)

(last sentence

words between 12th

and last commas).

47106(d) 49 App.:1731. May 21, 1970, Pub. L.

91-258, 84 Stat. 219, Sec.

31; added Feb. 18, 1980,

Pub. L. 96-193, Sec. 206,

94 Stat. 55; Sept. 3, 1982,

Pub. L. 97-248, Sec.

524(e), 96 Stat. 697.

47106(e) 49 App.:2218(b) Sept. 3, 1982, Pub. L.

(related to 97-248, 96 Stat. 324, Sec.

application). 519(b) (related to

application); added Dec.

30, 1987, Pub. L. 100-223,

Sec. 112(2), 101 Stat. 1504.

--------------------------------------------------------------------

In subsection (a)(1), the word "reasonably" is omitted as

surplus.

In subsection (a)(2), the words "carrying out" are substituted

for "accomplishment of the purposes of" for consistency in the

revised title.

In subsection (a)(3), the words "that portion of" are omitted as

surplus.

In subsection (a)(5), the words "which submitted the project

grant application" and "legal" are omitted as surplus.

In subsection (b), before clause (1), the words "for an airport"

are added for clarity. In clause (1), the words "or an agency

thereof" are omitted surplus. In clause (3), the words "that the

Secretary . . . decides is necessary" are substituted for "when it

is determined by the Secretary that any such item is required" to

eliminate unnecessary words.

In subsection (c)(1)(B), before subclause (i), the words "chief

executive officer" are substituted for "Governor" because this

chapter applies to the District of Columbia which does not have a

Governor. The words "except that the Administrator of the

Environmental Protection Agency shall make the certification

instead of the chief executive officer if" are substituted for "In

any case where . . . certification shall be obtained from such

Administrator" for clarity. Subclause (i) is substituted for "such

standards have not been approved" for clarity.

In subsection (c)(2), before clause (A), the words

"Notwithstanding any other provision of law" are omitted as

surplus. The words "that does not involve the location of an

airport or runway, or a major runway extension" are substituted for

"(other than an airport development project in which paragraph

(7)(A) applies)" for clarity. The words "the preparation of" are

omitted as surplus. In clause (B), the words "statutory and

administrative" are omitted as surplus.

In subsection (c)(4)(A), the words "to the Secretary" are added

for clarity.

In subsection (c)(5), the words "full and" are omitted as

surplus. The words "in writing" are omitted as surplus because of

the requirement that the decision be a matter of public record.

In subsection (d)(1), the words "(as defined by section 1711(8)

of this Appendix, as in effect on February 18, 1980)" are omitted

because of the definition of "air carrier airport" in section 47102

of the revised title.

In subsection (d)(2), the words "Notwithstanding any other

provision of the Airport and Airway Improvement Act of 1982 [49

App. U.S.C. 2201 et seq.]" and "single" are omitted as surplus.

In subsection (e)(1) and (2), the word "sponsor" is substituted

for "applicant" for consistency.

In subsection (e)(1), before clause (A), the words "under this

subchapter" are added for consistency in this section. The word

"other" is omitted as surplus.

In subsection (e)(2)(A), the word "mutual" is omitted as surplus.

In subsection (e)(3), the words "adversely affected" are

substituted for "aggrieved" for consistency in the revised title

and with other titles of the United States Code. The words "the

date on which" are omitted as surplus.

AMENDMENTS

2002 - Subsec. (g). Pub. L. 107-296 added subsec. (g).

2001 - Subsec. (f)(3), (4). Pub. L. 107-71, which directed the

amendment of section 47106(f) by adding par. (3) and redesignating

former par. (3) as (4), without specifying the Code title to be

amended, was executed by making the amendments to this section, to

reflect the probable intent of Congress.

2000 - Subsec. (f). Pub. L. 106-181 added subsec. (f).

1994 - Subsecs. (d), (e). Pub. L. 103-305 added subsec. (e),

redesignated former subsec. (e) as (d), and struck out former

subsec. (d) which read as follows:

"(d) General Aviation Airport Project Grant Application Approval.

- (1) In this subsection, 'general aviation airport' means a public

airport that is not an air carrier airport.

"(2) The Secretary may approve an application under this

subchapter for an airport development project included in a project

grant application involving the construction or extension of a

runway at a general aviation airport located on both sides of a

boundary line separating 2 counties within a State only if, before

the application is submitted to the Secretary, the project is

approved by the governing body of each village incorporated under

the laws of the State and located entirely within 5 miles of the

nearest boundary of the airport."

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective 60 days after Nov. 25,

2002, see section 4 of Pub. L. 107-296, set out as an Effective

Date note under section 101 of Title 6, Domestic Security.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

ENVIRONMENTAL REVIEW OF AIRPORT IMPROVEMENT PROJECTS

Pub. L. 106-181, title III, Sec. 310, Apr. 5, 2000, 114 Stat.

128, provided that:

"(a) Study. - The Secretary [of Transportation] shall conduct a

study of Federal environmental requirements related to the planning

and approval of airport improvement projects.

"(b) Contents. - In conducting the study, the Secretary, at a

minimum, shall assess -

"(1) the current level of coordination among Federal and State

agencies in conducting environmental reviews in the planning and

approval of airport improvement projects;

"(2) the role of public involvement in the planning and

approval of airport improvement projects;

"(3) the staffing and other resources associated with

conducting such environmental reviews; and

"(4) the time line for conducting such environmental reviews.

"(c) Consultation. - The Secretary shall conduct the study in

consultation with the Administrator [of the Federal Aviation

Administration], the heads of other appropriate Federal departments

and agencies, airport sponsors, the heads of State aviation

agencies, representatives of the design and construction industry,

representatives of employee organizations, and representatives of

public interest groups.

"(d) Report. - Not later than 1 year after the date of the

enactment of this Act [Apr. 5, 2000], the Secretary shall transmit

to the Committee on Transportation and Infrastructure of the House

of Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a report on the results of the study,

together with recommendations for streamlining, if appropriate, the

environmental review process in the planning and approval of

airport improvement projects."

GRANTS FOR ENGINEERED MATERIALS ARRESTING SYSTEMS

Pub. L. 106-181, title V, Sec. 514(c), Apr. 5, 2000, 114 Stat.

144, provided that: "In making grants under section 47104 of title

49, United States Code, for engineered materials arresting systems,

the Secretary [of Transportation] shall require the sponsor to

demonstrate that the effects of jet blasts have been adequately

considered."

GRANTS FOR RUNWAY REHABILITATION

Pub. L. 106-181, title V, Sec. 514(d), Apr. 5, 2000, 114 Stat.

144, provided that: "In any case in which an airport's runways are

constrained by physical conditions, the Secretary [of

Transportation] shall consider alternative means for ensuring

runway safety (other than a safety overrun area) when prescribing

conditions for grants for runway rehabilitation."

COMPLIANCE WITH REQUIREMENTS

Pub. L. 106-181, title VII, Sec. 737, Apr. 5, 2000, 114 Stat.

172, provided that: "Notwithstanding any other provision of law, in

order to avoid unnecessary duplication of expense and effort, the

Secretary [of Transportation] may authorize the use, in whole or in

part, of a completed environmental assessment or environmental

impact study for new construction projects on the air operations

area of an airport, if the completed assessment or study was for a

project at the airport that is substantially similar in nature to

the new project. Any such authorized use shall meet all

requirements of Federal law for the completion of such an

assessment or study."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 40117 of this title.

-End-

-CITE-

49 USC Sec. 47107 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47107. Project grant application approval conditioned on

assurances about airport operations

-STATUTE-

(a) General Written Assurances. - The Secretary of Transportation

may approve a project grant application under this subchapter for

an airport development project only if the Secretary receives

written assurances, satisfactory to the Secretary, that -

(1) the airport will be available for public use on reasonable

conditions and without unjust discrimination;

(2) air carriers making similar use of the airport will be

subject to substantially comparable charges -

(A) for facilities directly and substantially related to

providing air transportation; and

(B) regulations and conditions, except for differences based

on reasonable classifications, such as between -

(i) tenants and nontenants; and

(ii) signatory and nonsignatory carriers;

(3) the airport operator will not withhold unreasonably the

classification or status of tenant or signatory from an air

carrier that assumes obligations substantially similar to those

already imposed on air carriers of that classification or status;

(4) a person providing, or intending to provide, aeronautical

services to the public will not be given an exclusive right to

use the airport, with a right given to only one fixed-base

operator to provide services at an airport deemed not to be an

exclusive right if -

(A) the right would be unreasonably costly, burdensome, or

impractical for more than one fixed-base operator to provide

the services; and

(B) allowing more than one fixed-base operator to provide the

services would require reducing the space leased under an

existing agreement between the one fixed-base operator and the

airport owner or operator;

(5) fixed-base operators similarly using the airport will be

subject to the same charges;

(6) an air carrier using the airport may service itself or use

any fixed-base operator allowed by the airport operator to

service any carrier at the airport;

(7) the airport and facilities on or connected with the airport

will be operated and maintained suitably, with consideration

given to climatic and flood conditions;

(8) a proposal to close the airport temporarily for a

nonaeronautical purpose must first be approved by the Secretary;

(9) appropriate action will be taken to ensure that terminal

airspace required to protect instrument and visual operations to

the airport (including operations at established minimum flight

altitudes) will be cleared and protected by mitigating existing,

and preventing future, airport hazards;

(10) appropriate action, including the adoption of zoning laws,

has been or will be taken to the extent reasonable to restrict

the use of land next to or near the airport to uses that are

compatible with normal airport operations;

(11) each of the airport's facilities developed with financial

assistance from the United States Government and each of the

airport's facilities usable for the landing and taking off of

aircraft always will be available without charge for use by

Government aircraft in common with other aircraft, except that if

the use is substantial, the Government may be charged a

reasonable share, proportionate to the use, of the cost of

operating and maintaining the facility used;

(12) the airport owner or operator will provide, without charge

to the Government, property interests of the sponsor in land or

water areas or buildings that the Secretary decides are desirable

for, and that will be used for, constructing at Government

expense, facilities for carrying out activities related to air

traffic control or navigation;

(13) the airport owner or operator will maintain a schedule of

charges for use of facilities and services at the airport -

(A) that will make the airport as self-sustaining as possible

under the circumstances existing at the airport, including

volume of traffic and economy of collection; and

(B) without including in the rate base used for the charges

the Government's share of costs for any project for which a

grant is made under this subchapter or was made under the

Federal Airport Act or the Airport and Airway Development Act

of 1970;

(14) the project accounts and records will be kept using a

standard system of accounting that the Secretary, after

consulting with appropriate public agencies, prescribes;

(15) the airport owner or operator will submit any annual or

special airport financial and operations reports to the Secretary

that the Secretary reasonably requests and make such reports

available to the public;

(16) the airport owner or operator will maintain a current

layout plan of the airport that meets the following requirements:

(A) the plan will be in a form the Secretary prescribes;

(B) the Secretary will approve the plan and any revision or

modification before the plan, revision, or modification takes

effect;

(C) the owner or operator will not make or allow any

alteration in the airport or any of its facilities if the

alteration does not comply with the plan the Secretary

approves, and the Secretary is of the opinion that the

alteration may affect adversely the safety, utility, or

efficiency of the airport; and

(D) when an alteration in the airport or its facility is made

that does not conform to the approved plan and that the

Secretary decides adversely affects the safety, utility, or

efficiency of any property on or off the airport that is owned,

leased, or financed by the Government, the owner or operator,

if requested by the Secretary, will -

(i) eliminate the adverse effect in a way the Secretary

approves; or

(ii) bear all cost of relocating the property or its

replacement to a site acceptable to the Secretary and of

restoring the property or its replacement to the level of

safety, utility, efficiency, and cost of operation that

existed before the alteration was made;

(17) each contract and subcontract for program management,

construction management, planning studies, feasibility studies,

architectural services, preliminary engineering, design,

engineering, surveying, mapping, and related services will be

awarded in the same way that a contract for architectural and

engineering services is negotiated under chapter 11 of title 40

or an equivalent qualifications-based requirement prescribed for

or by the sponsor;

(18) the airport and each airport record will be available for

inspection by the Secretary on reasonable request, and a report

of the airport budget will be available to the public at

reasonable times and places;

(19) the airport owner or operator will submit to the Secretary

and make available to the public an annual report listing in

detail -

(A) all amounts paid by the airport to any other unit of

government and the purposes for which each such payment was

made; and

(B) all services and property provided to other units of

government and the amount of compensation received for

provision of each such service and property; and

(20) the airport owner or operator will permit, to the maximum

extent practicable, intercity buses or other modes of

transportation to have access to the airport, but the sponsor

does not have any obligation under this paragraph, or because of

it, to fund special facilities for intercity bus service or for

other modes of transportation.

(b) Written Assurances on Use of Revenue. - (1) The Secretary of

Transportation may approve a project grant application under this

subchapter for an airport development project only if the Secretary

receives written assurances, satisfactory to the Secretary, that

local taxes on aviation fuel (except taxes in effect on December

30, 1987) and the revenues generated by a public airport will be

expended for the capital or operating costs of -

(A) the airport;

(B) the local airport system; or

(C) other local facilities owned or operated by the airport

owner or operator and directly and substantially related to the

air transportation of passengers or property.

(2) Paragraph (1) of this subsection does not apply if a

provision enacted not later than September 2, 1982, in a law

controlling financing by the airport owner or operator, or a

covenant or assurance in a debt obligation issued not later than

September 2, 1982, by the owner or operator, provides that the

revenues, including local taxes on aviation fuel at public

airports, from any of the facilities of the owner or operator,

including the airport, be used to support not only the airport but

also the general debt obligations or other facilities of the owner

or operator.

(3) This subsection does not prevent the use of a State tax on

aviation fuel to support a State aviation program or the use of

airport revenue on or off the airport for a noise mitigation

purpose.

(c) Written Assurances on Acquiring Land. - (1) In this

subsection, land is needed for an airport purpose (except a noise

compatibility purpose) if -

(A)(i) the land may be needed for an aeronautical purpose

(including runway protection zone) or serves as noise buffer

land; and

(ii) revenue from interim uses of the land contributes to the

financial self-sufficiency of the airport; and

(B) for land purchased with a grant the owner or operator

received not later than December 30, 1987, the Secretary of

Transportation or the department, agency, or instrumentality of

the Government that made the grant was notified by the owner or

operator of the use of the land and did not object to the use and

the land is still being used for that purpose.

(2) The Secretary of Transportation may approve an application

under this subchapter for an airport development project grant only

if the Secretary receives written assurances, satisfactory to the

Secretary, that if an airport owner or operator has received or

will receive a grant for acquiring land and -

(A) if the land was or will be acquired for a noise

compatibility purpose -

(i) the owner or operator will dispose of the land at fair

market value at the earliest practicable time after the land no

longer is needed for a noise compatibility purpose;

(ii) the disposition will be subject to retaining or

reserving an interest in the land necessary to ensure that the

land will be used in a way that is compatible with noise levels

associated with operating the airport; and

(iii) the part of the proceeds from disposing of the land

that is proportional to the Government's share of the cost of

acquiring the land will be paid to the Secretary for deposit in

the Airport and Airway Trust Fund established under section

9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) or,

as the Secretary prescribes, reinvested in an approved noise

compatibility project; or

(B) if the land was or will be acquired for an airport purpose

(except a noise compatibility purpose) -

(i) the owner or operator, when the land no longer is needed

for an airport purpose, will dispose of the land at fair market

value or make available to the Secretary an amount equal to the

Government's proportional share of the fair market value;

(ii) the disposition will be subject to retaining or

reserving an interest in the land necessary to ensure that the

land will be used in a way that is compatible with noise levels

associated with operating the airport; and

(iii) the part of the proceeds from disposing of the land

that is proportional to the Government's share of the cost of

acquiring the land will be reinvested, on application to the

Secretary, in another eligible airport development project the

Secretary approves under this subchapter or paid to the

Secretary for deposit in the Fund if another eligible project

does not exist.

(3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii) of

this subsection and deposited in the Airport and Airway Trust Fund

are available as provided in subsection (f) of this section.

(d) Assurances of Continuation as Public-Use Airport. - The

Secretary of Transportation may approve an application under this

subchapter for an airport development project grant for a privately

owned public-use airport only if the Secretary receives appropriate

assurances that the airport will continue to function as a

public-use airport during the economic life (that must be at least

10 years) of any facility at the airport that was developed with

Government financial assistance under this subchapter.

(e) Written Assurances of Opportunities for Small Business

Concerns. - (1) The Secretary of Transportation may approve a

project grant application under this subchapter for an airport

development project only if the Secretary receives written

assurances, satisfactory to the Secretary, that the airport owner

or operator will take necessary action to ensure, to the maximum

extent practicable, that at least 10 percent of all businesses at

the airport selling consumer products or providing consumer

services to the public are small business concerns (as defined by

regulations of the Secretary) owned and controlled by a socially

and economically disadvantaged individual (as defined in section

47113(a) of this title) or qualified HUBZone small business

concerns (as defined in section 3(p) of the Small Business Act).

(2) An airport owner or operator may meet the percentage goal of

paragraph (1) of this subsection by including any business operated

through a management contract or subcontract. The dollar amount of

a management contract or subcontract with a disadvantaged business

enterprise shall be added to the total participation by

disadvantaged business enterprises in airport concessions and to

the base from which the airport's percentage goal is calculated.

The dollar amount of a management contract or subcontract with a

non-disadvantaged business enterprise and the gross revenue of

business activities to which the management contract or subcontract

pertains may not be added to this base.

(3) Except as provided in paragraph (4) of this subsection, an

airport owner or operator may meet the percentage goal of paragraph

(1) of this subsection by including the purchase from disadvantaged

business enterprises of goods and services used in businesses

conducted at the airport, but the owner or operator and the

businesses conducted at the airport shall make good faith efforts

to explore all available options to achieve, to the maximum extent

practicable, compliance with the goal through direct ownership

arrangements, including joint ventures and franchises.

(4)(A) In complying with paragraph (1) of this subsection, an

airport owner or operator shall include the revenues of car rental

firms at the airport in the base from which the percentage goal in

paragraph (1) is calculated.

(B) An airport owner or operator may require a car rental firm to

meet a requirement under paragraph (1) of this subsection by

purchasing or leasing goods or services from a disadvantaged

business enterprise. If an owner or operator requires such a

purchase or lease, a car rental firm shall be permitted to meet the

requirement by including purchases or leases of vehicles from any

vendor that qualifies as a small business concern owned and

controlled by a socially and economically disadvantaged individual

or as a qualified HUBZone small business concern (as defined in

section 3(p) of the Small Business Act).

(C) This subsection does not require a car rental firm to change

its corporate structure to provide for direct ownership

arrangements to meet the requirements of this subsection.

(5) This subsection does not preempt -

(A) a State or local law, regulation, or policy enacted by the

governing body of an airport owner or operator; or

(B) the authority of a State or local government or airport

owner or operator to adopt or enforce a law, regulation, or

policy related to disadvantaged business enterprises.

(6) An airport owner or operator may provide opportunities for a

small business concern owned and controlled by a socially and

economically disadvantaged individual or a qualified HUBZone small

business concern (as defined in section 3(p) of the Small Business

Act) to participate through direct contractual agreement with that

concern.

(7) An air carrier that provides passenger or property-carrying

services or another business that conducts aeronautical activities

at an airport may not be included in the percentage goal of

paragraph (1) of this subsection for participation of small

business concerns at the airport.

(8) Not later than April 29, 1993, the Secretary of

Transportation shall prescribe regulations to carry out this

subsection.

(f) Availability of Amounts. - An amount deposited in the Airport

and Airway Trust Fund under -

(1) subsection (c)(2)(A)(iii) of this section is available to

the Secretary of Transportation to make a grant for airport

development or airport planning under section 47104 of this

title;

(2) subsection (c)(2)(B)(iii) of this section is available to

the Secretary -

(A) to make a grant for a purpose described in section

47115(b) of this title; and

(B) for use under section 47114(d)(2) of this title at

another airport in the State in which the land was disposed of

under subsection (c)(2)(B)(ii) of this section; and

(3) subsection (c)(2)(B)(iii) of this section is in addition to

an amount made available to the Secretary under section 48103 of

this title and not subject to apportionment under section 47114

of this title.

(g) Ensuring Compliance. - (1) To ensure compliance with this

section, the Secretary of Transportation -

(A) shall prescribe requirements for sponsors that the

Secretary considers necessary; and

(B) may make a contract with a public agency.

(2) The Secretary of Transportation may approve an application

for a project grant only if the Secretary is satisfied that the

requirements prescribed under paragraph (1)(A) of this subsection

have been or will be met.

(h) Modifying Assurances and Requiring Compliance With Additional

Assurances. -

(1) In general. - Subject to paragraph (2), before modifying an

assurance required of a person receiving a grant under this

subchapter and in effect after December 29, 1987, or to require

compliance with an additional assurance from the person, the

Secretary of Transportation must -

(A) publish notice of the proposed modification in the

Federal Register; and

(B) provide an opportunity for comment on the proposal.

(2) Public notice before waiver of aeronautical land-use

assurance. - Before modifying an assurance under subsection

(c)(2)(B) that requires any property to be used for an

aeronautical purpose, the Secretary must provide notice to the

public not less than 30 days before making such modification.

(i) Relief From Obligation To Provide Free Space. - When a

sponsor provides a property interest in a land or water area or a

building that the Secretary of Transportation uses to construct a

facility at Government expense, the Secretary may relieve the

sponsor from an obligation in a contract made under this chapter,

the Airport and Airway Development Act of 1970, or the Federal

Airport Act to provide free space to the Government in an airport

building, to the extent the Secretary finds that the free space no

longer is needed to carry out activities related to air traffic

control or navigation.

(j) Use of Revenue in Hawaii. - (1) In this subsection -

(A) "duty-free merchandise" and "duty-free sales enterprise"

have the same meanings given those terms in section 555(b)(8) of

the Tariff Act of 1930 (19 U.S.C. 1555(b)(8)).

(B) "highway" and "Federal-aid system" have the same meanings

given those terms in section 101(a) of title 23.

(2) Notwithstanding subsection (b)(1) of this section, Hawaii may

use, for a project for construction or reconstruction of a highway

on a Federal-aid system that is not more than 10 miles by road from

an airport and that will facilitate access to the airport, revenue

from the sales at off-airport locations in Hawaii of duty-free

merchandise under a contract between Hawaii and a duty-free sales

enterprise. However, the revenue resulting during a Hawaiian fiscal

year may be used only if the amount of the revenue, plus amounts

Hawaii receives in the fiscal year from all other sources for costs

Hawaii incurs for operating all airports it operates and for debt

service related to capital projects for the airports (including

interest and amortization of principal costs), is more than 150

percent of the projected costs for the fiscal year.

(3)(A) Revenue from sales referred to in paragraph (2) of this

subsection in a Hawaiian fiscal year that Hawaii may use may not be

more than the amount that is greater than 150 percent as determined

under paragraph (2).

(B) The maximum amount of revenue Hawaii may use under paragraph

(2) of this subsection is $250,000,000.

(4) If a fee imposed or collected for rent, landing, or service

from an aircraft operator by an airport operated by Hawaii is

increased during the period from May 4, 1990, through December 31,

1994, by more than the percentage change in the Consumer Price

Index of All Urban Consumers for Honolulu, Hawaii, that the

Secretary of Labor publishes during that period and if revenue

derived from the fee increases because the fee increased, the

amount under paragraph (3)(B) of this subsection shall be reduced

by the amount of the projected revenue increase in the period less

the part of the increase attributable to changes in the Index in

the period.

(5) Hawaii shall determine costs, revenue, and projected revenue

increases referred to in this subsection and shall submit the

determinations to the Secretary of Transportation. A determination

is approved unless the Secretary disapproves it not later than 30

days after it is submitted.

(6) Hawaii is not eligible for a grant under section 47115 of

this title in a fiscal year in which Hawaii uses under paragraph

(2) of this subsection revenue from sales referred to in paragraph

(2). Hawaii shall repay amounts it receives in a fiscal year under

a grant it is not eligible to receive because of this paragraph to

the Secretary of Transportation for deposit in the discretionary

fund established under section 47115.

(7)(A) This subsection applies only to revenue from sales

referred to in paragraph (2) of this subsection from May 5, 1990,

through December 30, 1994, and to amounts in the Airport Revenue

Fund of Hawaii that are attributable to revenue before May 4, 1990,

on sales referred to in paragraph (2).

(B) Revenue from sales referred to in paragraph (2) of this

subsection from May 5, 1990, through December 30, 1994, may be used

under paragraph (2) in any Hawaiian fiscal year, including a

Hawaiian fiscal year beginning after December 31, 1994.

(k) Annual Summaries of Financial Reports. - The Secretary shall

provide to the Committee on Commerce, Science, and Transportation

of the Senate and the Committee on Transportation and

Infrastructure of the House of Representatives an annual summary of

the reports submitted to the Secretary under subsection (a)(19) of

this section and under section 111(b) of the Federal Aviation

Administration Authorization Act of 1994.

(l) Policies and Procedures To Ensure Enforcement Against Illegal

Diversion of Airport Revenue. -

(1) In general. - Not later than 90 days after August 23, 1994,

the Secretary of Transportation shall establish policies and

procedures that will assure the prompt and effective enforcement

of subsections (a)(13) and (b) of this section and grant

assurances made under such subsections. Such policies and

procedures shall recognize the exemption provision in subsection

(b)(2) of this section and shall respond to the information

contained in the reports of the Inspector General of the

Department of Transportation on airport revenue diversion and

such other relevant information as the Secretary may by law

consider.

(2) Revenue diversion. - Policies and procedures to be

established pursuant to paragraph (1) of this subsection shall

prohibit, at a minimum, the diversion of airport revenues (except

as authorized under subsection (b) of this section) through -

(A) direct payments or indirect payments, other than payments

reflecting the value of services and facilities provided to the

airport;

(B) use of airport revenues for general economic development,

marketing, and promotional activities unrelated to airports or

airport systems;

(C) payments in lieu of taxes or other assessments that

exceed the value of services provided; or

(D) payments to compensate nonsponsoring governmental bodies

for lost tax revenues exceeding stated tax rates.

(3) Efforts to be self-sustaining. - With respect to subsection

(a)(13) of this section, policies and procedures to be

established pursuant to paragraph (1) of this subsection shall

take into account, at a minimum, whether owners and operators of

airports, when entering into new or revised agreements or

otherwise establishing rates, charges, and fees, have undertaken

reasonable efforts to make their particular airports as

self-sustaining as possible under the circumstances existing at

such airports.

(4) Administrative safeguards. - Policies and procedures to be

established pursuant to paragraph (1) shall mandate internal

controls, auditing requirements, and increased levels of

Department of Transportation personnel sufficient to respond

fully and promptly to complaints received regarding possible

violations of subsections (a)(13) and (b) of this section and

grant assurances made under such subsections and to alert the

Secretary to such possible violations.

(5) Statute of limitations. - In addition to the statute of

limitations specified in subsection (n)(7), with respect to

project grants made under this chapter -

(A) any request by a sponsor to any airport for additional

payments for services conducted off of the airport or for

reimbursement for capital contributions or operating expenses

shall be filed not later than 6 years after the date on which

the expense is incurred; and

(B) any amount of airport funds that are used to make a

payment or reimbursement as described in subparagraph (A) after

the date specified in that subparagraph shall be considered to

be an illegal diversion of airport revenues that is subject to

subsection (n).

(m) Audit Certification. -

(1) In general. - The Secretary of Transportation, acting

through the Administrator of the Federal Aviation Administration,

shall promulgate regulations that require a recipient of a

project grant (or any other recipient of Federal financial

assistance that is provided for an airport) to include as part of

an annual audit conducted under sections 7501 through 7505 of

title 31, a review and opinion of the review concerning the

funding activities with respect to an airport that is the subject

of the project grant (or other Federal financial assistance) and

the sponsors, owners, or operators (or other recipients)

involved.

(2) Content of review. - A review conducted under paragraph (1)

shall provide reasonable assurances that funds paid or

transferred to sponsors are paid or transferred in a manner

consistent with the applicable requirements of this chapter and

any other applicable provision of law (including regulations

promulgated by the Secretary or the Administrator).

(3) Requirements for audit report. - The report submitted to

the Secretary under this subsection shall include a specific

determination and opinion regarding the appropriateness of the

disposition of airport funds paid or transferred to a sponsor.

(n) Recovery of Illegally Diverted Funds. -

(1) In general. - Not later than 180 days after the issuance of

an audit or any other report that identifies an illegal diversion

of airport revenues (as determined under subsections (b) and (l)

and section 47133), the Secretary, acting through the

Administrator, shall -

(A) review the audit or report;

(B) perform appropriate factfinding; and

(C) conduct a hearing and render a final determination

concerning whether the illegal diversion of airport revenues

asserted in the audit or report occurred.

(2) Notification. - Upon making such a finding, the Secretary,

acting through the Administrator, shall provide written

notification to the sponsor and the airport of -

(A) the finding; and

(B) the obligations of the sponsor to reimburse the airport

involved under this paragraph.

(3) Administrative action. - The Secretary may withhold any

amount from funds that would otherwise be made available to the

sponsor, including funds that would otherwise be made available

to a State, municipality, or political subdivision thereof

(including any multimodal transportation agency or transit

authority of which the sponsor is a member entity) as part of an

apportionment or grant made available pursuant to this title, if

the sponsor -

(A) receives notification that the sponsor is required to

reimburse an airport; and

(B) has had an opportunity to reimburse the airport, but has

failed to do so.

(4) Civil action. - If a sponsor fails to pay an amount

specified under paragraph (3) during the 180-day period beginning

on the date of notification and the Secretary is unable to

withhold a sufficient amount under paragraph (3), the Secretary,

acting through the Administrator, may initiate a civil action

under which the sponsor shall be liable for civil penalty in an

amount equal to the illegal diversion in question plus interest

(as determined under subsection (o)).

(5) Disposition of penalties. -

(A) Amounts withheld. - The Secretary or the Administrator

shall transfer any amounts withheld under paragraph (3) to the

Airport and Airway Trust Fund.

(B) Civil penalties. - With respect to any amount collected

by a court in a civil action under paragraph (4), the court

shall cause to be transferred to the Airport and Airway Trust

Fund any amount collected as a civil penalty under paragraph

(4).

(6) Reimbursement. - The Secretary, acting through the

Administrator, shall, as soon as practicable after any amount is

collected from a sponsor under paragraph (4), cause to be

transferred from the Airport and Airway Trust Fund to an airport

affected by a diversion that is the subject of a civil action

under paragraph (4), reimbursement in an amount equal to the

amount that has been collected from the sponsor under paragraph

(4) (including any amount of interest calculated under subsection

(o)).

(7) Statute of limitations. - No person may bring an action for

the recovery of funds illegally diverted in violation of this

section (as determined under subsections (b) and (l)) or section

47133 after the date that is 6 years after the date on which the

diversion occurred.

(o) Interest. -

(1) In general. - Except as provided in paragraph (2), the

Secretary, acting through the Administrator, shall charge a

minimum annual rate of interest on the amount of any illegal

diversion of revenues referred to in subsection (n) in an amount

equal to the average investment interest rate for tax and loan

accounts of the Department of the Treasury (as determined by the

Secretary of the Treasury) for the applicable calendar year,

rounded to the nearest whole percentage point.

(2) Adjustment of interest rates. - If, with respect to a

calendar quarter, the average investment interest rate for tax

and loan accounts of the Department of the Treasury exceeds the

average investment interest rate for the immediately preceding

calendar quarter, rounded to the nearest whole percentage point,

the Secretary of the Treasury may adjust the interest rate

charged under this subsection in a manner that reflects that

change.

(3) Accrual. - Interest assessed under subsection (n) shall

accrue from the date of the actual illegal diversion of revenues

referred to in subsection (n).

(4) Determination of applicable rate. - The applicable rate of

interest charged under paragraph (1) shall -

(A) be the rate in effect on the date on which interest

begins to accrue under paragraph (3); and

(B) remain at a rate fixed under subparagraph (A) during the

duration of the indebtedness.

(p) Payment by Airport to Sponsor. - If, in the course of an

audit or other review conducted under this section, the Secretary

or the Administrator determines that an airport owes a sponsor

funds as a result of activities conducted by the sponsor or

expenditures by the sponsor for the benefit of the airport,

interest on that amount shall be determined in the same manner as

provided in paragraphs (1) through (4) of subsection (o), except

that the amount of any interest assessed under this subsection

shall be determined from the date on which the Secretary or the

Administrator makes that determination.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1256; Pub. L.

103-305, title I, Secs. 111(a), (c), 112(a), Aug. 23, 1994, 108

Stat. 1573, 1574; Pub. L. 104-264, title I, Sec. 143, title VIII,

Sec. 805(a), (b)(2), Oct. 9, 1996, 110 Stat. 3221, 3271, 3274; Pub.

L. 104-287, Sec. 5(9), (80), Oct. 11, 1996, 110 Stat. 3389, 3397;

Pub. L. 105-135, title VI, Sec. 604(h)(1), Dec. 2, 1997, 111 Stat.

2634; Pub. L. 106-181, title I, Sec. 125(a), Apr. 5, 2000, 114

Stat. 75; Pub. L. 107-217, Sec. 3(n)(7), Aug. 21, 2002, 116 Stat.

1303.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47107(a) 49 App.:2202(a)(6). Sept. 3, 1982, Pub. L.

97-248, Secs. 503(a)(6),

505(b)(2), 509(b)(1)(E),

511(a)(1)(B), (C), (2),

(5)-(10), (b), 96 Stat.

673, 677, 683, 686, 687.

49

App.:2208(b)(1)(E)

(related to 49

App.:2210(a)

(1)-(11), (15),

(16)).

49 Sept. 3, 1982, Pub. L.

App.:2210(a)(1)(A). 97-248, Sec. 511(a)(1)(A),

96 Stat. 686; Dec. 30,

1987, Pub. L. 100-223, Sec.

109(a), 101 Stat. 1499.

49

App.:2210(a)(1)(B),

(C), (2).

49 App.:2210(a)(3). Sept. 3, 1982, Pub. L.

97-248, Sec. 511(a)(3), 96

Stat. 686; Dec. 30, 1987,

Pub. L. 100-223, Sec.

109(b), 101 Stat. 1499.

49 App.:2210(a)(4). Sept. 3, 1982, Pub. L.

97-248, Sec. 511(a)(4), 96

Stat. 686; restated Dec.

30, 1987, Pub. L. 100-223,

Sec. 109(c), 101 Stat. 1499.

49 App.:2210(a)

(5)-(10).

49 App.:2210(a)(11). Sept. 3, 1982, Pub. L.

97-248, Sec. 511(a)(11), 96

Stat. 687; Oct. 31, 1992,

Pub. L. 102-581, Sec.

113(a), 106 Stat. 4881.

49 App.:2210(a)(15). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

511(a)(15); added Dec. 30,

1987, Pub. L. 100-223, Sec.

109(f), 101 Stat. 1500.

49 App.:2210(a)(16). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

511(a)(16); added Dec. 30,

1987, Pub. L. 100-223, Sec.

109(g), 101 Stat. 1501.

47107(b)( 49

1), (2) App.:2208(b)(1)(E)

(related to 49

App.:2210(a)(12)).

49 App.:2210(a)(12). Sept. 3, 1982, Pub. L.

97-248, Sec. 511(a)(12), 96

Stat. 687; restated Dec.

30, 1987, Pub. L. 100-223,

Sec. 109(d), 101 Stat. 1499.

47107(b)(3) 49 App.:2210(d). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

511(d); added Dec. 30,

1987, Pub. L. 100-223, Sec.

109(i), 101 Stat. 1501.

47107(c)( 49 App.:2202(a)(24). Sept. 3, 1982, Pub. L.

1), (2) 97-248, Sec. 503(a)(24), 96

Stat. 674; Dec. 30, 1987,

Pub. L. 100-223, Sec.

103(c)(1), 101 Stat. 1488.

49

App.:2208(b)(1)(E)

(related to 49

App.:2210(a)(13),

(14)).

49 App.:2210(a)(13). Sept. 3, 1982, Pub. L.

97-248, Sec. 511(a)(13), 96

Stat. 688; restated Dec.

30, 1987, Pub. L. 100-223,

Sec. 109(e), 101 Stat. 1499.

49 App.:2210(a)(14). Sept. 3, 1982, Pub. L.

97-248, Sec. 511(a)(14), 96

Stat. 688; Dec. 30, 1987,

Pub. L. 100-223, Sec.

109(e), 101 Stat. 1499;

restated Dec. 15, 1989,

Pub. L. 101-236, Sec. 4,

103 Stat. 2061.

47107(c)(3) (no source).

47107(d) 49 App.:2204(b)(2).

49

App.:2208(b)(1)(E)

(related to 49

App.:2204(b)(2)).

47107(e) 49

App.:2208(b)(1)(E)

(related to 49

App.:2210(a)(17)).

49 App.:2210(a)(17). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

511(a)(17); added Dec. 30,

1987, Pub. L. 100-223, Sec.

109(h), 101 Stat. 1501;

Oct. 31, 1992, Pub. L.

102-581, Sec. 117(a), 106

Stat. 4882.

49 App.:2210(h). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

511(h); added Oct. 31,

1992, Pub. L. 102-581, Sec.

117(b), 106 Stat. 4882.

49 App.:2210 (note). Oct. 31, 1992, Pub. L.

102-581, Sec. 117(d), 106

Stat. 4883.

47107(f) 49 App.:2210(e). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

511(e); added Dec. 30,

1987, Pub. L. 100-223, Sec.

109(j), 101 Stat. 1501.

47107(g)(1) 49 App.:2210(b)

(1st, 2d sentences).

47107(g)(2) 49

App.:2208(b)(1)(E)

(related to 49

App.:2210(b)).

47107(h) 49 App.:2210(f). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

511(f); added Dec. 30,

1987, Pub. L. 100-223, Sec.

109(k), 101 Stat. 1502.

47107(i) 49 App.:2210(b)

(last sentence).

47107(j)(1) 49 Sept. 3, 1982, Pub. L.

App.:2210(g)(4)(B), 97-248, 96 Stat. 324, Sec.

(D). 511(g); added May 4, 1990,

Pub. L. 101-281, Sec. 2,

104 Stat. 164.

47107(j)(2) 49 App.:2210(g)(1),

(2)(B), (4)(A), (C).

47107(j)(3) 49

App.:2210(g)(2)(C),

(D).

47107(j)(4) 49

App.:2210(g)(2)(E).

47107(j)(5) 49

App.:2210(g)(2)(F).

47107(j)(6) 49

App.:2210(g)(2)(G).

47107(j) 49

(7)(A) App.:2210(g)(2)(A).

47107(j) 49 App.:2210(g)(3).

(7)(B)

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "may approve a

project grant application under this subchapter for an airport

development project only if" are substituted for 49

App.:2208(b)(1)(E) (related to 49 App.:2210(a)) and the words "As a

condition precedent to approval of an airport development project

contained in a project grant application submitted under this

chapter . . . shall" in 49 App.:2210(a) for clarity and to

eliminate unnecessary words. In clause (1), the words "to which the

project relates" and "fair and" are omitted as surplus. In clause

(2), before subclause (A), the words "including the requirement

that" are omitted as unnecessary because of the restatement. The

words "air carriers making similar use of the airport" are

substituted for "each air carrier using such airport (whether as a

tenant, nontenant, or subtenant of another air carrier tenant) . .

. all such air carriers which make similar use of such airport" to

eliminate unnecessary words. The words "and which utilize similar

facilities" are omitted because of the definition of "airport" in

section 47102 of the revised title. The words "nondiscriminatory

and" and "rates, fees, rentals, and other" are omitted as surplus.

In subclause (B), before subclause (i), the words "except for

differences based on" are substituted for "subject to" for clarity.

In clause (3), the words "airport operator" are substituted for

"airport" for clarity and consistency in this chapter. In clause

(4), before subclause (A), the words "a right given to only one

fixed-base operator to provide services at an airport" are

substituted for "the providing of services at an airport by a

single fixed-based operator" for clarity. In subclause (B), the

words "the airport operator or owner" are substituted for "such

airport" for clarity and consistency in this subchapter. Clause (5)

is substituted for 49 App.:2210(a)(1)(B) for consistency and to

eliminate unnecessary words. In clause (6), the words "allowed by

the airport operator" are substituted for "authorized by the

airport or permitted by the airport" for clarity and consistency in

this chapter and to eliminate unnecessary words. In clause (9), the

words "operations at" are added for clarity. The words

"adequately", "removing, lowering, relocating, marking, or lighting

or otherwise", and "the establishment or creation of" are omitted

as surplus. In clause (10), the word "near" is substituted for "in

the immediate vicinity of", and the word "uses" is substituted for

"activities and purposes", to eliminate unnecessary words. The

words "including landing and takeoff of aircraft" are omitted as

surplus. In clause (12), the words "property interests of the

sponsor in land or water areas or buildings" are substituted for

"any areas of land or water, or estate therein, or rights in

buildings of the sponsor" for consistency in the revised title and

to eliminate unnecessary words. The words "necessary or" are

omitted as surplus. The words "for, and that will be used for,

constructing . . . facilities for carrying out activities related

to air traffic control or navigation" are substituted for "for use

in connection with any air traffic control or navigation

activities, or weather-reporting and communication activities

related to air traffic control . . . for construction . . . of

space or facilities for such purposes" to eliminate unnecessary

words. In clause (13), before subclause (A), the words "schedule of

charges" are substituted for "fee and rental structure" for clarity

and consistency in this chapter. In subclause (A), the word

"particular" is omitted as surplus. The word "including" is

substituted for "taking into account such factors as" to eliminate

unnecessary words. In subclause (B), the words "fees, rates, and"

are omitted as surplus. The words "airport development or airport

planning" are omitted because of the definition of "project" in

section 47102 of the revised title. In clause (16), before

subclause (A), the words "maintain . . . current" are substituted

for "keep up to date at all times" to eliminate unnecessary words.

In subclause (B), the words "be submitted to, and" and "amendment"

are omitted as surplus. In subclauses (C) and (D), the words

"changes or" and "change or", respectively, are omitted as surplus.

In subclause (D)(ii), the words "was made" are added for clarity.

In clause (17), the words "with respect to the project" are omitted

as surplus. In clause (18), the words "duly authorized agent of"

are omitted because of 49:322(b).

In subsection (b)(1), before clause (A), the words "may approve a

project grant application under this subchapter for an airport

development project only if" are substituted for 49

App.:2208(b)(1)(E) (related to 49 App.:2210(a)(12)) and "As a

condition precedent to approval of an airport development project

contained in a project grant application submitted under this

chapter . . . shall" in 49 App.:2210(a) for clarity and to

eliminate unnecessary words. In clause (C) the word "actual" is

omitted as surplus.

In subsection (b)(2), the words "Paragraph (1) of this subsection

does not apply" are substituted for "except that . . . then this

limitation on the use of all other revenues generated by the

airport . . . shall not apply" to eliminate unnecessary words. The

word "law" is substituted for "provisions . . . in governing

statutes" for consistency in the revised title and to eliminate

unnecessary words.

In subsection (c)(1), before clause (A), the words "considered to

be" are omitted as surplus. In clause (B), the words "department,

agency, or instrumentality of the Government" are substituted for

"Federal agency" for consistency in the revised title and with

other titles of the United States Code.

In subsection (c)(2), before clause (A), the words "may approve

an application under this subchapter for an airport development

project grant only if" are substituted for 49 App.:2208(b)(1)(E)

(related to 49 App.:2210(a)(13), (14)) and "As a condition

precedent to approval of an airport development project contained

in a project grant application submitted under this chapter" in 49

App.:2210(a) for clarity and to eliminate unnecessary words. The

words "has received or will receive" are substituted for "before,

on, or after December 30, 1987" and "before, on, or after December

31, 1987" because of the restatement. In clauses (A)(ii) and

(B)(ii), the words "or right" and "only" are omitted as surplus. In

clause (A)(iii), the words "at the discretion of the Secretary" in

49 App.:2210(a)(13)(C) are omitted as surplus. In clause (B)(iii),

the words "under this subchapter" are substituted for "at that

airport or within the national airport system" for clarity and to

eliminate unnecessary words.

Subsection (c)(3) is added for clarity.

In subsection (d), the words "may approve an application under

this subchapter for an airport development project grant . . . only

if" are substituted for 49 App.:2208(b)(1)(E) (related to 49

App.:2204(b)(2)) and "No obligation shall be incurred by the

Secretary for airport development . . . unless" in 49 App.:2204(b)

for clarity and to eliminate unnecessary words.

In subsection (e)(1), the words "may approve a project grant

application under this subchapter for an airport development

project only if" are substituted for 49 App.:2208(b)(1)(E) (related

to 49 App.:2210(a)(17)) and "As a condition precedent to approval

of an airport development project contained in a project grant

application submitted under this chapter . . . shall" for clarity

and to eliminate unnecessary words. The words "food, beverages,

printed materials, or other" and "ground transportation, baggage

carts, automobile rentals, or other" are omitted as surplus.

In subsection (e)(2)-(5), the words "disadvantaged business

enterprise" are substituted for "DBE" for clarity.

In subsection (e)(4), the words "(as defined by the Secretary by

regulation)" and "(as defined under section 2204(d)(2)(B) of this

title)" are omitted as unnecessary because of paragraph (1) of this

subsection.

In subsection (f)(2)(A), the words "at the discretion of the

Secretary" are omitted as surplus. The words "at primary airports

and reliever airports" are omitted as surplus because 49

App.:2206(c)(2), restated in section 47115(c) of the revised title,

involves only primary and reliever airports.

In subsection (g)(1)(A), the words "consistent with the terms of

this chapter" are omitted as surplus.

In subsection (g)(1)(B), the words "Among other steps to insure

such compliance" and "on behalf of the United States" are omitted

as surplus.

In subsection (g)(2), the words "by or . . . the authority of"

are omitted as surplus.

In subsection (h), before clause (1), the words "proposes to" are

omitted as surplus. The word "subchapter" is substituted for "Act"

in section 511(f) of the Airport and Airway Improvement Act of

1982, as added by section 109(k) of the Airport and Airway Safety

and Capacity Expansion Act of 1987 (Public Law 100-223, 101 Stat.

1502), to correct a mistake.

In subsection (i), the words "a property interest in a land or

water area or a building that the Secretary of Transportation uses

to construct a facility" are substituted for "any area of land or

water, or estate therein, or rights in buildings of the sponsor and

constructs space or facilities thereon" for consistency in this

section.

In subsection (j)(2), the words "the limitation on the use of

revenues generated by airports contained in", "located", "of

funds", and "(including revenues generated by such airports from

other sources, unrestricted cash on hand, and Federal funds made

available under this chapter for expenditure at such airports)" are

omitted as surplus.

In subsection (j)(3)(A), the words "amount that is greater than

150 percent as determined" are substituted for "amount of the

excess determined" for clarity.

In subsection (j)(3)(B), the words "in the aggregate" are omitted

as surplus.

In subsection (j)(4), the word "imposed" is substituted for

"levied" for consistency in the revised title and with other titles

of the Code. The words "for the use of airport facilities" and "a

percentage which is" are omitted as surplus. The words "Secretary

of Labor" are substituted for "Bureau of Labor Statistics of the

Department of Labor" because of 29:551 and 557.

In subsection (j)(5), the words "from fee increases" and "for

approval" are omitted as surplus.

-REFTEXT-

REFERENCES IN TEXT

The Federal Airport Act, referred to in subsecs. (a)(13)(B) and

(i), is act May 13, 1946, ch. 251, 60 Stat. 170, as amended, which

was classified to chapter 14 (Sec. 1101 et seq.) of former Title

49, Transportation, prior to repeal by Pub. L. 91-258, title I,

Sec. 52(a), May 21, 1970, 84 Stat. 235.

The Airport and Airway Development Act of 1970, referred to in

subsecs. (a)(13)(B) and (i), is title I of Pub. L. 91-258, May 21,

1970, 84 Stat. 219, as amended, which was classified principally to

chapter 25 (Sec. 1701 et seq.) of former Title 49, Transportation.

Sections 1 through 30 of title I of Pub. L. 91-258, which enacted

sections 1701 to 1703, 1711 to 1713, and 1714 to 1730 of former

Title 49, and a provision set out as a note under section 1701 of

former Title 49, were repealed by Pub. L. 97-248, title V, Sec.

523(a), Sept. 3, 1982, 96 Stat. 695. Sections 31, 51, 52(a),

(b)(4), (6), (c), (d), and 53 of title I of Pub. L. 91-258 were

repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat.

1379, the first section of which enacted subtitles II, III, and V

to X of Title 49, Transportation. For complete classification of

this Act tot he Code, see Tables. For disposition of sections of

former Title 49, see table at the beginning of Title 49.

Section 3(p) of the Small Business Act, referred to in subsec.

(e)(1), (4)(B), (6), is classified to section 632(p) of Title 15,

Commerce and Trade.

Section 111(b) of the Federal Aviation Administration

Authorization Act of 1994, referred to in subsec. (k), is section

111(b) of Pub. L. 103-305, which is set out below.

-MISC2-

AMENDMENTS

2002 - Subsec. (a)(17). Pub. L. 107-217 substituted "chapter 11

of title 40" for "title IX of the Federal Property and

Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)".

2000 - Subsec. (h). Pub. L. 106-181 amended heading and text of

subsec. (h) generally. Prior to amendment, text read as follows:

"Before modifying an assurance required of a person receiving a

grant under this subchapter and in effect after December 29, 1987,

or to require compliance with an additional assurance from the

person, the Secretary of Transportation must -

"(1) publish notice of the proposed modification in the Federal

Register; and

"(2) provide an opportunity for comment on the proposal."

1997 - Subsec. (e)(1). Pub. L. 105-135, Sec. 604(h)(1)(A),

inserted before period at end "or qualified HUBZone small business

concerns (as defined in section 3(p) of the Small Business Act)".

Subsec. (e)(4)(B). Pub. L. 105-135, Sec. 604(h)(1)(B), which

directed the amendment of subpar. (B) by inserting before the

period "or as a qualified HUBZone small business concern (as

defined in section 3(p) of the Small Business Act)", was executed

by inserting the material before period at end of last sentence to

reflect the probable intent of Congress.

Subsec. (e)(6). Pub. L. 105-135, Sec. 604(h)(1)(C), inserted "or

a qualified HUBZone small business concern (as defined in section

3(p) of the Small Business Act)" after "disadvantaged individual".

1996 - Subsec. (a)(20). Pub. L. 104-264, Sec. 143, added par.

(20).

Subsec. (k). Pub. L. 104-287, Sec. 5(9), substituted

"Transportation and Infrastructure" for "Public Works and

Transportation".

Subsec. (l)(1). Pub. L. 104-287, Sec. 5(80), substituted "August

23, 1994" for "the date of the enactment of this subsection".

Subsec. (l)(5). Pub. L. 104-264, Sec. 805(b)(2), added par. (5).

Subsecs. (m) to (p). Pub. L. 104-264, Sec. 805(a), added subsecs.

(m) to (p).

1994 - Subsec. (a)(15). Pub. L. 103-305, Sec. 111(a)(1), inserted

before semicolon at end "and make such reports available to the

public".

Subsec. (a)(19). Pub. L. 103-305, Sec. 111(a)(2)-(4), added par.

(19).

Subsec. (k). Pub. L. 103-305, Sec. 111(c), added subsec. (k).

Subsec. (l). Pub. L. 103-305, Sec. 112(a), added subsec. (l).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section

3 of Pub. L. 105-135, set out as a note under section 631 of Title

15, Commerce and Trade.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

CONSTRUCTION OF 2000 AMENDMENT

Pub. L. 106-181, title I, Sec. 125(e), Apr. 5, 2000, 114 Stat.

76, provided that: "Nothing in any amendment made by this section

[amending this section and sections 47125, 47151, and 47153 of this

title] shall be construed to authorize the Secretary [of

Transportation] to issue a waiver or make a modification referred

to in such amendment."

DIVERSION OF AIRPORT REVENUES FOR CLAIMS RELATED TO CERTAIN CEDED

LANDS

Pub. L. 105-66, title III, Sec. 340, Oct. 27, 1997, 111 Stat.

1448, provided that:

"(a) Findings. - The Congress finds that -

"(1) Congress has the authority under article I, section 8 of

the Constitution to regulate the air commerce of the United

States;

"(2) section 47107 of title 49, United States Code, prohibits

the diversion of certain revenue generated by a public airport as

a condition of receiving a project grant;

"(3) a grant recipient that uses airport revenues for purposes

that are not airport-related in a manner inconsistent with

chapter 471 of title 49, United States Code, illegally diverts

airport revenues;

"(4) illegal diversion of airport revenues undermines the

interest of the United States in promoting a strong national air

transportation system;

"(5) the policy of the United States that airports should be as

self-sustaining as possible and that revenues generated at

airports should not be diverted from airport purposes was stated

by Congress in 1982 and reaffirmed and strengthened in 1987,

1994, and 1996;

"(6) certain airports are constructed on lands that may have

belonged, at one time, to Native Americans, Native Hawaiians, or

Alaska Natives;

"(7) contrary to the prohibition against diverting airport

revenues from airport purposes under section 47107 of title 49,

United States Code, certain payments from airport revenues may

have been made for the betterment of Native Americans, Native

Hawaiians, or Alaska Natives based upon the claims related to

lands ceded to the United States;

"(8) Federal law prohibits diversions of airport revenues

obtained from any source whatsoever to occur in the future

whether related to claims for periods of time prior to or after

the date of enactment of this Act [Oct. 27, 1997]; and

"(9) because of the special circumstances surrounding such past

diversions of airport revenues for the betterment of Native

Americans, Native Hawaiians, or Alaska Natives, it is in the

national interest that amounts from airport revenues previously

received by any entity for the betterment of Native Americans,

Native Hawaiians, or Alaska Natives, as specified in subsection

(b) of this section, should not be subject to repayment.

"(b) Termination of Repayment Responsibility. - Notwithstanding

the provisions of [section] 47107 of title 49, United States Code,

or any other provision of law, monies paid for claims related to

ceded lands and diverted from airport revenues and received prior

to April 1, 1996, by any entity for the betterment of Native

Americans, Native Hawaiians, or Alaska Natives, shall not be

subject to repayment.

"(c) Prohibition on Further Diversion. - There shall be no

further payment of airport revenues for claims related to ceded

lands, whether characterized as operating expenses, rent, or

otherwise, and whether related to claims for periods of time prior

to or after the date of enactment of this Act [Oct. 27, 1997].

"(d) Clarification. - Nothing in this Act [see Tables for

classification] shall be construed to affect any existing Federal

statutes, enactments, or trust obligations created thereunder, or

any statute of the several States that define the obligations of

such States to Native Americans, Native Hawaiians, or Alaska

Natives in connection with ceded lands, except to make clear that

airport revenues may not be used to satisfy such obligations."

FINDINGS AND PURPOSE

Section 802 of title VIII of Pub. L. 104-264 provided that:

"(a) In General. - Congress finds that -

"(1) section 47107 of title 49, United States Code, prohibits

the diversion of certain revenue generated by a public airport as

a condition of receiving a project grant;

"(2) a grant recipient that uses airport revenue for purposes

that are not airport related in a manner inconsistent with

chapter 471 of title 49, United States Code, illegally diverts

airport revenues;

"(3) any diversion of airport revenues in violation of the

condition referred to in paragraph (1) undermines the interest of

the United States in promoting a strong national air

transportation system that is responsive to the needs of airport

users;

"(4) the Secretary and the Administrator have not enforced

airport revenue diversion rules adequately and must have

additional regulatory tools to increase enforcement efforts; and

"(5) sponsors who have been found to have illegally diverted

airport revenues -

"(A) have not reimbursed or made restitution to airports in a

timely manner; and

"(B) must be encouraged to do so.

"(b) Purpose. - The purpose of this title [see Short Title of

1996 Amendment note set out under section 40101 of this title] is

to ensure that airport users are not burdened with hidden taxation

for unrelated municipal services and activities by -

"(1) eliminating the ability of any State or political

subdivision thereof that is a recipient of a project grant to

divert airport revenues for purposes that are not related to an

airport, in violation of section 47107 of title 49, United States

Code;

"(2) imposing financial reporting requirements that are

designed to identify instances of illegal diversions referred to

in paragraph (1);

"(3) establishing a statute of limitations for airport revenue

diversion actions;

"(4) clarifying limitations on revenue diversion that are

permitted under chapter 471 of title 49, United States Code; and

"(5) establishing clear penalties and enforcement mechanisms

for identifying and prosecuting airport revenue diversion."

-CROSS-

DEFINITIONS

Section 803 of title VIII of Pub. L. 104-264 provided that: "For

purposes of this title [see Short Title of 1996 Amendment note set

out under section 40101 of this title], the following definitions

apply:

"(1) Administrator. - The term 'Administrator' means the

Administrator of the Federal Aviation Administration.

"(2) Airport. - The term 'airport' has the meaning provided

that term in section 47102(2) of title 49, United States Code.

"(3) Project grant. - The term 'project grant' has the meaning

provided that term in section 47102(14) of title 49, United

States Code.

"(4) Secretary. - The term 'Secretary' means the Secretary of

Transportation.

"(5) Sponsor. - The term 'sponsor' has the meaning provided

that term in section 47102(19) of title 49, United States Code."

-MISC3-

REVISION OF POLICIES AND PROCEDURES; DEADLINES

Section 805(b)(1) of title VIII of Pub. L. 104-264 provided that:

"Not later than 90 days after the date of the enactment of this Act

[Oct. 9, 1996], the Secretary, acting through the Administrator,

shall revise the policies and procedures established under section

47107(l) of title 49, United States Code, to take into account the

amendments made to that section by this title."

FORMAT FOR REPORTING

Section 111(b) of Pub. L. 103-305 provided that: "Within 180 days

after the date of the enactment of this Act [Aug. 23, 1994], the

Secretary [of Transportation] shall prescribe a uniform simplified

format for reporting that is applicable to airports. Such format

shall be designed to enable the public to understand readily how

funds are collected and spent at airports, and to provide

sufficient information relating to total revenues, operating

expenditures, capital expenditures, debt service payments,

contributions to restricted funds, accounts, or reserves required

by financing agreements or covenants or airport lease or use

agreements or covenants. Such format shall require each commercial

service airport to report the amount of any revenue surplus, the

amount of concession-generated revenue, and other information as

required by the Secretary."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 46301, 47101, 47111,

47119, 47134, 49104 of this title; title 26 section 9502.

-End-

-CITE-

49 USC Sec. 47108 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47108. Project grant agreements

-STATUTE-

(a) Offer and Acceptance. - On approving a project grant

application under this subchapter, the Secretary of Transportation

shall offer the sponsor a grant to pay the United States

Government's share of the project costs allowable under section

47110 of this title. The Secretary may impose terms on the offer

that the Secretary considers necessary to carry out this subchapter

and regulations prescribed under this subchapter. An offer shall

state the obligations to be assumed by the sponsor and the maximum

amount the Government will pay for the project from the amounts

authorized under chapter 481 of this title (except sections

48102(e), 48106, 48107, and 48110). At the request of the sponsor,

an offer of a grant for a project that will not be completed in one

fiscal year shall provide for the obligation of amounts apportioned

or to be apportioned to a sponsor under section 47114(c) of this

title for the fiscal years necessary to pay the Government's share

of the cost of the project. An offer that is accepted in writing by

the sponsor is an agreement binding on the Government and the

sponsor. The Government may pay or be obligated to pay a project

cost only after a grant agreement for the project is signed.

(b) Increasing Government's Share Under This Subchapter or

Chapter 475. - (1) When an offer has been accepted in writing, the

amount stated in the offer as the maximum amount the Government

will pay may be increased only as provided in paragraphs (2) and

(3) of this subsection.

(2)(A) For a project receiving assistance under a grant approved

under the Airport and Airway Improvement Act of 1982 before October

1, 1987, the amount may be increased by not more than -

(i) 10 percent for an airport development project, except a

project for acquiring an interest in land; and

(ii) 50 percent of the total increase in allowable project

costs attributable to acquiring an interest in land, based on

current creditable appraisals.

(B) An increase under subparagraph (A) of this paragraph may be

paid only from amounts the Government recovers from other grants

made under this subchapter.

(3) For a project receiving assistance under a grant approved

under the Act, this subchapter, or chapter 475 of this title after

September 30, 1987, the amount may be increased -

(A) for an airport development project, by not more than 15

percent; and

(B) for a grant after September 30, 1992, to acquire an

interest in land for an airport (except a primary airport), by

not more than the greater of the following, based on current

creditable appraisals or a court award in a condemnation

proceeding:

(i) 15 percent; or

(ii) 25 percent of the total increase in allowable project

costs attributable to acquiring an interest in land.

(c) Increasing Government's Share Under Airport and Airway

Development Act of 1970. - For a project receiving assistance under

a grant made under the Airport and Airway Development Act of 1970,

the maximum amount the Government will pay may be increased by not

more than 10 percent. An increase under this subsection may be paid

only from amounts the Government recovers from other grants made

under the Act.

(d) Changing Workscope. - With the consent of the sponsor, the

Secretary may amend a grant agreement made under this subchapter to

change the workscope of a project financed under the grant if the

amendment does not result in an increase in the maximum amount the

Government may pay under subsection (b) of this section.

(e) Change in Airport Status. -

(1) Changes to nonprimary airport status. - If the status of a

primary airport changes to a nonprimary airport at a time when a

development project under a multiyear agreement under subsection

(a) is not yet completed, the project shall remain eligible for

funding from discretionary funds under section 47115 at the

funding level and under the terms provided by the agreement,

subject to the availability of funds.

(2) Changes to noncommercial service airport status. - If the

status of a commercial service airport changes to a noncommercial

service airport at a time when a terminal development project

under a phased-funding arrangement is not yet completed, the

project shall remain eligible for funding from discretionary

funds under section 47115 at the funding level and under the

terms provided by the arrangement subject to the availability of

funds.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1262; Pub. L.

106-181, title I, Sec. 135(c), Apr. 5, 2000, 114 Stat. 84.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47108(a) 49 App.:2211(a). Sept. 3, 1982, Pub. L.

97-248, Sec. 512(a), 96

Stat. 688; Dec. 30, 1987,

Pub. L. 100-223, Secs.

106(b)(4), 110(c), 101 Stat.

1498, 1502.

47108(b) 49 App.:2211(b). Sept. 3, 1982, Pub. L.

97-248, Sec. 512(b), 96

Stat. 688; restated Dec. 30,

1987, Pub. L. 100-223, Sec.

110(a), 101 Stat. 1502; Oct.

31, 1992, Pub. L. 102-581,

Sec. 109, 106 Stat. 4879.

47108(c) 49 App.:2211(c).

47108(d) 49 App.:2211(d). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

512(d); added Dec. 30, 1987,

Pub. L. 100-223, Sec.

110(b), 101 Stat. 1502.

--------------------------------------------------------------------

In subsection (a), the words "on behalf of the United States" are

omitted as surplus. The words "or sponsors" are omitted because of

1:1. The words "of the application" are omitted as surplus. The

words "under section 47110 of this title" are added for clarity.

The words "and conditions" are omitted as being included in

"terms". The words "for the project" are added for clarity. The

words "an offer of a grant for a project" are substituted for "In

any case where the Secretary approves a project grant application

for a project . . . the offer" to eliminate unnecessary words. The

words "(including future fiscal years)" are omitted as surplus. The

words "An offer that is accepted in writing by the sponsor is an

agreement binding on the Government and the sponsor" are

substituted for "If and when an offer is accepted in writing by the

sponsor, the offer and acceptance shall comprise an agreement

constituting an obligation of the United States and of the sponsor"

to eliminate unnecessary words. The words "which have been or may

be incurred" are omitted as surplus.

In subsection (b)(1), the words "by a sponsor" are omitted as

surplus. The words "amount the Government will pay" are substituted

for "obligation of the United States" for clarity and consistency

in this section.

In subsection (b)(2), the text of 49 App.:2211(b)(2) (last

sentence) is restated to apply only to 49 App.:2211(b)(2) (1st

sentence) to carry out the probable intent of Congress.

In subsection (b)(3)(B), the words "for fiscal year 1993 and

thereafter" are omitted as unnecessary.

In subsection (c), the words "Notwithstanding any other provision

of law" are omitted as surplus. The words "a project receiving

assistance under" are added for consistency.

In subsection (d), the word "sponsor" is substituted for "grant

recipient" for clarity. The words "amount the Government may pay"

are substituted for "obligation of the United States authorized"

for clarity and consistency in this section.

-REFTEXT-

REFERENCES IN TEXT

The Airport and Airway Improvement Act of 1982, referred to in

subsec. (b)(2)(A), (3), is title V of Pub. L. 97-248, Sept. 3,

1982, 96 Stat. 671, as amended, which was classified principally to

chapter 31 (Sec. 2201 et seq.) of former Title 49, Transportation,

and was substantially repealed by Pub. L. 103-272, Sec. 7(b), July

5, 1994, 108 Stat. 1379, and reenacted by the first section thereof

as this subchapter.

The Airport and Airway Development Act of 1970, referred to in

subsec. (c), is title I of Pub. L. 91-258, May 21, 1970, 84 Stat.

219, as amended, which was classified principally to chapter 25

(Sec. 1701 et seq.) of former Title 49. Sections 1 through 30 of

title I of Pub. L. 91-258, which enacted sections 1701 to 1703,

1711 to 1713, and 1714 to 1730 of former Title 49, and a provision

set out as a note under section 1701 of former Title 49, were

repealed by Pub. L. 97-248, title V, Sec. 523(a), Sept. 3, 1982, 96

Stat. 695. Sections 31, 51, 52(a), (b)(4), (6), (c), (d), and 53 of

title I of Pub. L. 91-258 were repealed by Pub. L. 103-272, Sec.

7(b), July 5, 1994, 108 Stat. 1379, the first section of which

enacted subtitles II, III, and V to X of Title 49, Transportation.

For complete classification of this Act to the Code, see Tables.

For disposition of sections of former Title 49, see table at the

beginning of Title 49.

-MISC2-

AMENDMENTS

2000 - Subsec. (e). Pub. L. 106-181 added subsec. (e).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

LAND ACQUISITION COSTS

Pub. L. 107-71, title I, Sec. 143, Nov. 19, 2001, 115 Stat. 644,

provided that: "In the case of a grant for land acquisition issued

to an airport under chapter 471 of title 49, United States Code,

prior to January 1, 1995, the Secretary of Transportation may waive

the provisions of section 47108 of such title and provide an upward

adjustment in the maximum obligation of the United States under

that chapter to assist the airport in funding land acquisition

costs (and associated eligible costs) that increased as a result of

a judicial order."

[For definitions of "airport" and "United States" used in section

143 of Pub. L. 107-71, set out above, see section 133 of Pub. L.

107-71, set out as a note under section 40102 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47104, 47110 of this

title.

-End-

-CITE-

49 USC Sec. 47109 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47109. United States Government's share of project costs

-STATUTE-

(a) General. - Except as provided in subsection (b) of this

section, the United States Government's share of allowable project

costs is -

(1) 75 percent for a project at a primary airport having at

least .25 percent of the total number of passenger boardings each

year at all commercial service airports;

(2) not more than 90 percent for a project funded by a grant

issued to and administered by a State under section 47128,

relating to the State block grant program;

(3) 90 percent for a project at any other airport;

(4) 40 percent for a project funded by the Administrator from

the discretionary fund under section 47115 at an airport

receiving an exemption under section 47134; and

(5) for fiscal year 2002, 100 percent for a project described

in section 47102(3)(J), 47102(3)(K), or 47102(3)(L).

(b) Increased Government Share. - If, under subsection (a) of

this section, the Government's share of allowable costs of a

project in a State containing unappropriated and unreserved public

lands and nontaxable Indian lands (individual and tribal) of more

than 5 percent of the total area of all lands in the State, is less

than the share applied on June 30, 1975, under section 17(b) of the

Airport and Airway Development Act of 1970, the Government's share

under subsection (a) of this section shall be increased by the

lesser of -

(1) 25 percent;

(2) one-half of the percentage that the area of unappropriated

and unreserved public lands and nontaxable Indian lands in the

State is of the total area of the State; or

(3) the percentage necessary to increase the Government's share

to the percentage that applied on June 30, 1975, under section

17(b) of the Act.

(c) Special Rule for Privately Owned Reliever Airports. - If a

privately owned reliever airport contributes any lands, easements,

or rights-of-way to carry out a project under this subchapter, the

current fair market value of such lands, easements, or

rights-of-way shall be credited toward the non-Federal share of

allowable project costs.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1264; Pub. L.

103-305, title I, Sec. 114, Aug. 23, 1994, 108 Stat. 1579; Pub. L.

104-264, title I, Sec. 149(c), title XII, Sec. 1211, Oct. 9, 1996,

110 Stat. 3227, 3282; Pub. L. 106-181, title I, Sec. 126, Apr. 5,

2000, 114 Stat. 76; Pub. L. 107-71, title I, Sec. 119(a)(4), Nov.

19, 2001, 115 Stat. 629.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47109(a) 49 App.:2209(a), Sept. 3, 1982, Pub. L.

(b). 97-248, Sec. 510, 96 Stat.

685.

47109(b) 49 App.:2209(c).

47109(c) 49 App.:2212(b)(5). Sept. 3, 1982, Pub. L.

97-248, Sec. 513(b)(5), 96

Stat. 691; Dec. 30, 1987,

Pub. L. 100-223, Sec.

111(a)(2), 101 Stat. 1503;

Oct. 31, 1992, Pub. L.

102-581, Sec. 110(b), 106

Stat. 4880.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "Except as

provided in subsections (b) and (c) of this section" are

substituted for "Except as otherwise provided in this chapter"

because subsections (b) and (c) restate the only parts of the

chapter that provide exceptions to the general rule stated in

subsection (a). In clauses (1) and (2), the words "for a project"

are substituted for "payable on account of any project contained in

an approved project grant application submitted in accordance with

this chapter" in 49 App.:2209(a) and "payable on account of any

project contained in an approved project grant application" in 49

App.:2209(b) for consistency in this chapter and to eliminate

unnecessary words. A project cost is allowable only if it is

incurred under a grant agreement made under the chapter, and a

grant agreement may be made only if the project grant application

is approved. In clause (1), the words "number of passenger

boardings" are substituted for "enplaning . . . of the . . .

passengers enplaned" because of the definition of "passenger

boardings" in section 47102 of the revised title.

In subsection (b), the words "If, under subsection (a) of this

section, the Government's share of allowable costs . . . is less

than the share applied on June 30, 1975, under section 17(b) of the

Airport and Airway Development Act of 1970" and "(3) the percentage

necessary to increase the Government's share to the percentage that

applied on June 30, 1975, under section 17(b) of the Act" are

substituted for 49 App.:2209(c) (last sentence) for clarity. The

words "of the total of all lands therein" are omitted as surplus.

In subsection (c), the words "Notwithstanding subsections (a) and

(b) of this section" are substituted for "Notwithstanding any other

provision of this chapter" because subsections (a) and (b) are the

only other parts of the chapter that specify the United States

Government's share of allowable project costs.

-REFTEXT-

REFERENCES IN TEXT

Section 17(b) of the Airport and Airway Development Act of 1970,

referred to in subsec. (b), is section 17(b) of Pub. L. 91-258,

which was classified to section 1717(b) of former Title 49,

Transportation, prior to repeal by Pub. L. 97-248, title V, Sec.

523(a), Sept. 3, 1982, 96 Stat. 695.

-MISC2-

AMENDMENTS

2001 - Subsec. (a)(5). Pub. L. 107-71 added par. (5).

2000 - Subsec. (a)(2) to (4). Pub. L. 106-181 added par. (2) and

redesignated former pars. (2) and (3) as (3) and (4), respectively.

1996 - Subsec. (a)(3). Pub. L. 104-264, Sec. 149(c), added par.

(3).

Subsec. (c). Pub. L. 104-264, Sec. 1211, added subsec. (c).

1994 - Subsec. (a). Pub. L. 103-305, Sec. 114(1), substituted

"subsection (b)" for "subsections (b) and (c)".

Subsec. (c). Pub. L. 103-305, Sec. 114(2), struck out subsec. (c)

which read as follows: "(c) Limitation. - Notwithstanding

subsections (a) and (b) of this section, the Government's share of

project costs allowable under section 47110(d) of this title may

not be more than 75 percent, except that the Government's share

shall be 85 percent for a project at a commercial service airport

that does not have more than .05 percent of the total annual

passenger boardings in the United States."

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47137, 47504, 47505 of

this title.

-End-

-CITE-

49 USC Sec. 47110 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47110. Allowable project costs

-STATUTE-

(a) General Authority. - Except as provided in section 47111 of

this title, the United States Government may pay or be obligated to

pay, from amounts appropriated to carry out this subchapter, a cost

incurred in carrying out a project under this subchapter only if

the Secretary of Transportation decides the cost is allowable.

(b) Allowable Cost Standards. - A project cost is allowable -

(1) if the cost necessarily is incurred in carrying out the

project in compliance with the grant agreement made for the

project under this subchapter, including any cost a sponsor

incurs related to an audit the Secretary requires under section

47121(b) or (d) of this title;

(2)(A) if the cost is incurred after the grant agreement is

executed and is for airport development or airport planning

carried out after the grant agreement is executed;

(B) if the cost is incurred after June 1, 1989, by the airport

operator (regardless of when the grant agreement is executed) as

part of a Government-approved noise compatability program

(including project formulation costs) and is consistent with all

applicable statutory and administrative requirements;

(C) if the Government's share is paid only with amounts

apportioned under paragraphs (1) and (2) of section 47114(c) of

this title and if the cost is incurred -

(i) after September 30, 1996;

(ii) before a grant agreement is executed for the project;

and

(iii) in accordance with an airport layout plan approved by

the Secretary and with all statutory and administrative

requirements that would have been applicable to the project if

the project had been carried out after the grant agreement had

been executed; or

(D) if the cost is incurred after September 11, 2001, for a

project described in section 47102(3)(J), 47102(3)(K), or

47102(3)(L) and shall not depend upon the date of execution of a

grant agreement made under this subchapter;

(3) to the extent the cost is reasonable in amount;

(4) if the cost is not incurred in a project for airport

development or airport planning for which other Government

assistance has been granted; and

(5) if the total costs allowed for the project are not more

than the amount stated in the grant agreement as the maximum the

Government will pay (except as provided in section 47108(b) of

this title).

(c) Certain Prior Costs as Allowable Costs. - The Secretary may

decide that a project cost under subsection (b)(2)(A) of this

section incurred after May 13, 1946, and before the date the grant

agreement is executed is allowable if it is -

(1) necessarily incurred in formulating an airport development

project, including costs incurred for field surveys, plans and

specifications, property interests in land or airspace, and

administration or other incidental items that would not have been

incurred except for the project; or

(2) necessarily and directly incurred in developing the work

scope of an airport planning project.

(d) Terminal Development Costs. - (1) The Secretary may decide

that the cost of terminal development (including multi-modal

terminal development) in a nonrevenue-producing public-use area of

a commercial service airport is allowable for an airport

development project at the airport -

(A) if the sponsor certifies that the airport, on the date the

grant application is submitted to the Secretary, has -

(i) all the safety equipment required for certification of

the airport under section 44706 of this title;

(ii) all the security equipment required by regulation; and

(iii) provided for access, to the area of the airport for

passengers for boarding or exiting aircraft, to those

passengers boarding or exiting aircraft, except air carrier

aircraft;

(B) if the cost is directly related to moving passengers and

baggage in air commerce within the airport, including vehicles

for moving passengers between terminal facilities and between

terminal facilities and aircraft; and

(C) under terms necessary to protect the interests of the

Government.

(2) In making a decision under paragraph (1) of this subsection,

the Secretary may approve as allowable costs the expenses of

terminal development in a revenue-producing area and construction,

reconstruction, repair, and improvement in a nonrevenue-producing

parking lot if -

(A) the airport does not have more than .05 percent of the

total annual passenger boardings in the United States; and

(B) the sponsor certifies that any needed airport development

project affecting safety, security, or capacity will not be

deferred because of the Secretary's approval.

(e) Letters of Intent. - (1) The Secretary may issue a letter of

intent to the sponsor stating an intention to obligate from future

budget authority an amount, not more than the Government's share of

allowable project costs, for an airport development project

(including costs of formulating the project) at a primary or

reliever airport. The letter shall establish a schedule under which

the Secretary will reimburse the sponsor for the Government's share

of allowable project costs, as amounts become available, if the

sponsor, after the Secretary issues the letter, carries out the

project without receiving amounts under this subchapter.

(2) Paragraph (1) of this subsection applies to a project -

(A) about which the sponsor notifies the Secretary, before the

project begins, of the sponsor's intent to carry out the project;

(B) that will comply with all statutory and administrative

requirements that would apply to the project if it were carried

out with amounts made available under this subchapter; and

(C) that meets the criteria of section 47115(d) and, if for a

project at a commercial service airport having at least 0.25

percent of the boardings each year at all such airports, the

Secretary decides will enhance system-wide airport capacity

significantly.

(3) A letter of intent issued under paragraph (1) of this

subsection is not an obligation of the Government under section

1501 of title 31, and the letter is not deemed to be an

administrative commitment for financing. An obligation or

administrative commitment may be made only as amounts are provided

in authorization and appropriation laws.

(4) The total estimated amount of future Government obligations

covered by all outstanding letters of intent under paragraph (1) of

this subsection may not be more than the amount authorized to carry

out section 48103 of this title, less an amount reasonably

estimated by the Secretary to be needed for grants under section

48103 that are not covered by a letter.

(5) Letters of intent. - The Secretary may not require an

eligible agency to impose a passenger facility fee under section

40117 in order to obtain a letter of intent under this section.

(6) Limitation on statutory construction. - Nothing in this

section shall be construed to prohibit the obligation of amounts

pursuant to a letter of intent under this subsection in the same

fiscal year as the letter of intent is issued.

(f) Nonallowable Costs. - Except as provided in subsection (d) of

this section and section 47118(f) of this title, a cost is not an

allowable airport development project cost if it is for -

(1) constructing a public parking facility for passenger

automobiles;

(2) constructing, altering, or repairing part of an airport

building, except to the extent the building will be used for

facilities or activities directly related to the safety of

individuals at the airport;

(3) decorative landscaping; or

(4) providing or installing sculpture or art works.

(g) Use of Discretionary Funds. - A project for which cost

reimbursement is provided under subsection (b)(2)(C) shall not

receive priority consideration with respect to the use of

discretionary funds made available under section 47115 of this

title even if the amounts made available under paragraphs (1) and

(2) of section 47114(c) are not sufficient to cover the

Government's share of the cost of (!1) project.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1264; Pub. L.

103-305, title I, Sec. 115, Aug. 23, 1994, 108 Stat. 1579; Pub. L.

103-429, Sec. 6(64), Oct. 31, 1994, 108 Stat. 4385; Pub. L.

104-264, title I, Sec. 144, Oct. 9, 1996, 110 Stat. 3222; Pub. L.

106-181, title I, Sec. 127, Apr. 5, 2000, 114 Stat. 76; Pub. L.

107-71, title I, Sec. 119(a)(2), Nov. 19, 2001, 115 Stat. 628.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47110(a) 49 App.:2212(a) Sept. 3, 1982, Pub. L.

(1st, last 97-248, Sec. 513(a), 96

sentences). Stat. 689; Aug. 4, 1989,

Pub. L. 101-71, Sec. 3, 103

Stat. 181.

47110(b) 49 App.:2212(a) (2d

sentence cls. (1),

(2) (words before

period), (3), (4)).

47110(c) 49 App.:2212(a) (2d

sentence cl. (2)

(words after

period)).

47110(d) 49 App.:2212(b)(1), Sept. 3, 1982, Pub. L.

(6). 97-248, Sec. 513(b)(1), (6),

96 Stat. 691; Oct. 31, 1992,

Pub. L. 102-581, Sec.

110(a), 106 Stat. 4879.

47110(e) 49 App.:2212(d). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

513(d); added Dec. 30, 1987,

Pub. L. 100-223, Sec.

111(c), 101 Stat. 1503; Oct.

31, 1992, Pub. L. 102-581,

Sec. 111, 106 Stat. 4880.

47110(f) 49 App.:2212(c). Sept. 3, 1982, Pub. L.

97-248, Sec. 513(c), 96

Stat. 691; Dec. 30, 1987,

Pub. L. 100-223, Sec.

111(b), 101 Stat. 1503; Oct.

31, 1992, Pub. L. 102-581,

Sec. 107(c)(2), 106 Stat.

4879.

--------------------------------------------------------------------

In subsection (a), the words "for airport development or airport

planning" are omitted because of the definition of "project" in

section 47102 of the revised title. The text of 49 App.:2212(a)

(last sentence) is omitted as surplus because of 49:322(a).

In subsection (b)(1), the word "approved" is omitted as surplus

because a project that was not approved could not be carried out in

compliance with a grant agreement. The words "in compliance with

the grant agreement made for the project under this subchapter" are

substituted for "in conformity with the terms and conditions of the

grant agreement entered into in connection with the project" to

eliminate unnecessary words. The word "sponsor" is substituted for

"recipient" for clarity.

In subsection (b)(2)(A), the words "with respect to the project"

are omitted as unnecessary because "the grant agreement" means "the

grant agreement made for the project" referred to in clause (1) of

this subsection. The words "under the project" are omitted as

surplus.

Subsection (b)(3) is substituted for "in the opinion of the

Secretary it is reasonable in amount, and if the Secretary

determines that a project cost is unreasonable in amount, the

Secretary may allow as an allowable project cost only so much of

such project cost as the Secretary determines to be reasonable" to

eliminate unnecessary words.

Subsection (b)(5) is substituted for "except that in no event may

the Secretary allow project costs in excess of the definite amount

stated in the grant agreement except to the extent authorized by

section 2211(b) of this Appendix" for consistency in this section.

In subsection (c), before clause (1), the words "The Secretary

may decide that a project cost . . . is allowable" are substituted

for "However, the allowable costs of a project . . . may include .

. . and the allowable costs of a project . . . may include" for

clarity and consistency in the revised title. The words "incurred

after May 13, 1946, and before the date the grant agreement is

executed" are substituted for "which were incurred prior to the

execution of the grant agreement and subsequent to May 13, 1946"

and "which were incurred subsequent to May 13, 1946" to eliminate

unnecessary words. In clause (1), the words "preparation of",

"acquisition of", "by the sponsor specifically in connection with

the accomplishment of the project for airport development" are

omitted as surplus. The words "property interests in land or

airspace" are substituted for "land or interests therein or

easements through or other interests in airspace" to eliminate

unnecessary words.

In subsection (d)(1), before clause (A), the words "The Secretary

may decide that the cost . . . is allowable" are substituted for

"the Secretary may approve, as allowable project costs" and "The

Secretary shall approve project costs allowable under paragraph (1)

of this subsection" for clarity and consistency in this section. In

clause (B), the words "the boundaries of" are omitted as surplus.

In clause (C), the words "and conditions" are omitted as being

included in "terms".

In subsection (d)(2), the words "In making a decision under

paragraph (1) of this subsection, the Secretary may approve as

allowable costs" are substituted for "In the case of a commercial

service airport . . . the Secretary may approve, under the

preceding sentence as allowable project costs" for consistency in

this subsection.

In subsection (e)(1), the word "sponsor" is substituted for

"applicant" for consistency. The words "stipulated as" and "Subject

to the provisions of this paragraph" are omitted as surplus. The

word "reimburse" is substituted for "make payments under paragraph

(2) of this subsection" and "pay" for clarity. The words "payable

on account of such project in accordance with such letter of

intent" are omitted as surplus.

In subsection (e)(2), before clause (A), the text of 49

App.:2212(d)(1)(C) (last sentence) is omitted as obsolete.

In subsection (e)(3), the words "A letter of intent issued" are

substituted for "action" for clarity. The word "deemed" before "an

obligation" is omitted as surplus.

In subsection (f)(2), the words "of a hangar or" are omitted as

being included in "airport building".

PUB. L. 103-429

The source credits for all of subsection (b) are included for

clarity though only subsection (b)(2) is affected by the amendment.

The source credits for 49:47110(c) are included to correct a

mistake on p. 405 of H. R. Rept. 103-180 (103d Cong., 1st Sess.,

July 15, 1993).

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47110(b) 49 App.:2212(a) (2d Sept. 3, 1982, Pub. L.

sentence cls. (1), 97-248, Sec. 513(a) (2d

(2)(A) (words sentence), as amended May

before period), 26, 1994, Pub. L. 103-260,

(B), (3), (4)). Sec. 106, 108 Stat. 699.

47110(c) 49 App.:2212(a) (2d

sentence cl. (2)(A)

(words after

period).

--------------------------------------------------------------------

In subsection (b)(2)(C)(ii), the words "before the cost is

incurred" are added for clarity.

AMENDMENTS

2001 - Subsec. (b)(2)(D). Pub. L. 107-71 added subpar. (D).

2000 - Subsec. (e)(2)(C). Pub. L. 106-181, Sec. 127(1), added

subpar. (C) and struck out former subpar. (C) which read as

follows: "the Secretary decides will enhance system-wide airport

capacity significantly and meets the criteria of section 47115(d)

of this title."

Subsec. (e)(5). Pub. L. 106-181, Sec. 127(2), added par. (5) and

struck out former par. (5) which read as follows: "A letter of

intent issued under paragraph (1) of this subsection may not

condition the obligation of amounts on the imposition of a

passenger facility fee."

1996 - Subsec. (b)(2)(C). Pub. L. 104-264, Sec. 144(a), amended

subpar. (C) generally. Prior to amendment, subpar. (C) read as

follows: "if the Government's share is paid only with amounts

apportioned under section 47114(c)(1)(A) and (2) of this title and

if the cost is incurred -

"(i) during the fiscal year ending September 30, 1994;

"(ii) before a grant agreement is executed for the project but

according to an airport layout plan the Secretary approves before

the cost is incurred and all applicable statutory and

administrative requirements that would apply to the project if

the agreement had been executed; and

"(iii) for work related to a project for which a grant

agreement previously was executed during the fiscal year ending

September 30, 1994;".

Subsec. (g). Pub. L. 104-264, Sec. 144(b), added subsec. (g).

1994 - Subsec. (b)(2). Pub. L. 103-429 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: "if the

cost is incurred -

"(A) after the grant agreement is executed and is for airport

development or airport planning carried out after the grant

agreement is executed; or

"(B) after June 1, 1989, by the airport operator (regardless of

when the grant agreement is executed) as part of a

Government-approved noise compatibility program (including

project formulation costs) and is consistent with all applicable

statutory and administrative requirements;".

Subsec. (e)(6). Pub. L. 103-305 added par. (6).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

LETTERS OF INTENT; DURATION OF AUTHORITY AND APPROVAL BY CONGRESS

Pub. L. 102-388, title III, Sec. 320, Oct. 6, 1992, 106 Stat.

1546, provided that: "The authority conferred by section 513(d) of

the Airport and Airway Improvement Act of 1982, as amended [see

subsec. (e) of this section], to issue letters of intent shall

remain in effect subsequent to September 30, 1992. Letters of

intent may be issued under such subsection to applicants determined

to be qualified under such Act [substantially repealed by Pub. L.

103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379, and reenacted by

first section thereof as this subchapter]: Provided, That,

notwithstanding any other provision of law, all such letters of

intent in excess of $10,000,000 shall be submitted for approval to

the Committees on Appropriations of the Senate and the House of

Representatives; the Committee on Commerce, Science, and

Transportation of the Senate; and the Committee on Public Works and

Transportation [now Committee on Transportation and Infrastructure]

of the House of Representatives." Similar provisions were contained

in the following prior appropriation acts:

Pub. L. 102-143, title III, Sec. 320, Oct. 28, 1991, 105 Stat.

942.

Pub. L. 101-516, title III, Sec. 320, Nov. 5, 1990, 104 Stat.

2181.

Pub. L. 101-164 title III, Sec. 326, Nov. 21, 1989, 103 Stat.

1096.

Pub. L. 100-457, title III, Sec. 334, Sept. 30, 1988, 102 Stat.

2153.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 40117, 47108, 47115,

47119 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "of the".

-End-

-CITE-

49 USC Sec. 47111 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47111. Payments under project grant agreements

-STATUTE-

(a) General Authority. - After making a project grant agreement

under this subchapter and consulting with the sponsor, the

Secretary of Transportation may decide when and in what amounts

payments under the agreement will be made. Payments totaling not

more than 90 percent of the United States Government's share of the

project's estimated allowable costs may be made before the project

is completed if the sponsor certifies to the Secretary that the

total amount expended from the advance payments at any time will

not be more than the cost of the airport development work completed

on the project at that time.

(b) Recovering Payments. - If the Secretary determines that the

total amount of payments made under a grant agreement under this

subchapter is more than the Government's share of the total

allowable project costs, the Government may recover the excess

amount. If the Secretary finds that a project for which an advance

payment was made has not been completed within a reasonable time,

the Government may recover any part of the advance payment for

which the Government received no benefit.

(c) Payment Deposits. - A payment under a project grant agreement

under this subchapter may be made only to an official or depository

designated by the sponsor and authorized by law to receive public

money.

(d) Withholding Payments. - (1) The Secretary may withhold a

payment under a grant agreement under this subchapter for more than

180 days after the payment is due only if the Secretary -

(A) notifies the sponsor and provides an opportunity for a

hearing; and

(B) finds that the sponsor has violated the agreement.

(2) The 180-day period may be extended by -

(A) agreement of the Secretary and the sponsor; or

(B) the hearing officer if the officer decides an extension is

necessary because the sponsor did not follow the schedule the

officer established.

(3) A person adversely affected by an order of the Secretary

withholding a payment may apply for review of the order by filing a

petition in the United States Court of Appeals for the District of

Columbia Circuit or in the court of appeals of the United States

for the circuit in which the project is located. The petition must

be filed not later than 60 days after the order is served on the

petitioner.

(e) Action on Grant Assurances Concerning Airport Revenues. - If,

after notice and opportunity for a hearing, the Secretary finds a

violation of section 47107(b) of this title, as further defined by

the Secretary under section 47107(l) of this title, or a violation

of an assurance made under section 47107(b) of this title, and the

Secretary has provided an opportunity for the airport sponsor to

take corrective action to cure such violation, and such corrective

action has not been taken within the period of time set by the

Secretary, the Secretary shall withhold approval of any new grant

application for funds under this chapter, or any proposed

modification to an existing grant that would increase the amount of

funds made available under this chapter to the airport sponsor, and

withhold approval of any new application to impose a fee under

section 40117 of this title. Such applications may thereafter be

approved only upon a finding by the Secretary that such corrective

action as the Secretary requires has been taken to address the

violation and that the violation no longer exists.

(f) Judicial Enforcement. - For any violation of this chapter or

any grant assurance made under this chapter, the Secretary may

apply to the district court of the United States for any district

in which the violation occurred for enforcement. Such court shall

have jurisdiction to enforce obedience thereto by a writ of

injunction or other process, mandatory or otherwise, restraining

any person from further violation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1266; Pub. L.

103-305, title I, Sec. 112(b), Aug. 23, 1994, 108 Stat. 1575.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47111(a) 49 App.:2213 (1st, Sept. 3, 1982, Pub. L.

2d sentences). 97-248, Sec. 514, 96 Stat.

691.

47111(b) 49 App.:2213 (3d,

4th sentences).

47111(c) 49 App.:2213 (last

sentence).

47111(d) 49 App.:2218(b) Sept. 3, 1982, Pub. L.

(related to 97-248, 96 Stat. 324, Sec.

payment). 519(b) (related to payment);

added Dec. 30, 1987, Pub. L.

100-223, Sec. 112(2), 101

Stat. 1504.

--------------------------------------------------------------------

In subsection (a), the words "the terms of" are omitted as

surplus. The words "totaling" and "total" are substituted for "in

an aggregate amount" and "aggregate" for consistency in the revised

title. The words "from time to time" are omitted as surplus. The

words "before the project is completed" are substituted for "in

advance of accomplishment of the airport project to which the

payments relate" for consistency in this chapter and to eliminate

unnecessary words.

In subsection (b), the words "at any time" are omitted as

surplus. The words "project for which an advance payment was made

has not been completed within a reasonable time" are substituted

for "any airport development to which the advance payments relate

has not been accomplished within a reasonable time or the project

is not completed" for clarity, for consistency in this chapter, and

to eliminate unnecessary words.

In subsection (d)(1) and (2), the word "sponsor" is substituted

for "recipient" and "grant recipient" for clarity.

In subsection (d)(2)(A), the word "mutual" is omitted as surplus.

In subsection (d)(3), the words "adversely affected" are

substituted for "aggrieved" for consistency in the revised title

and with other titles of the United States Code. The words "the

date on which" are omitted as surplus.

AMENDMENTS

1994 - Subsecs. (e), (f). Pub. L. 103-305 added subsecs. (e) and

(f).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47110 of this title.

-End-

-CITE-

49 USC Sec. 47112 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47112. Carrying out airport development projects

-STATUTE-

(a) Construction Work. - The Secretary of Transportation may

inspect and approve construction work for an airport development

project carried out under a grant agreement under this subchapter.

The construction work must be carried out in compliance with

regulations the Secretary prescribes. The regulations shall require

the sponsor to make necessary cost and progress reports on the

project. The regulations may amend or modify a contract related to

the project only if the contract was made with actual notice of the

regulations.

(b) Prevailing Wages. - A contract for more than $2,000 involving

labor for an airport development project carried out under a grant

agreement under this subchapter must require contractors to pay

labor minimum wage rates as determined by the Secretary of Labor

under sections 3141-3144, 3146, and 3147 of title 40. The minimum

rates must be included in the bids for the work and in the

invitation for those bids.

(c) Veterans' Preference. - (1) In this subsection -

(A) "disabled veteran" has the same meaning given that term in

section 2108 of title 5.

(B) "Vietnam-era veteran" means an individual who served on

active duty (as defined in section 101 of title 38) in the armed

forces for more than 180 consecutive days, any part of which

occurred after August 4, 1964, and before May 8, 1975, and who

was separated from the armed forces under honorable conditions.

(2) A contract involving labor for carrying out an airport

development project under a grant agreement under this subchapter

must require that preference in the employment of labor (except in

executive, administrative, and supervisory positions) be given to

Vietnam-era veterans and disabled veterans when they are available

and qualified for the employment.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1267; Pub. L.

107-217, Sec. 3(n)(8), Aug. 21, 2002, 116 Stat. 1303.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47112(a) 49 App.:2214(a). Sept. 3, 1982, Pub. L.

97-248, Sec. 515, 96 Stat.

691.

47112(b) 49 App.:2214(b).

47112(c) 49 App.:2214(c).

--------------------------------------------------------------------

In this section, the words "for an airport development project

carried out under a grant agreement under this subchapter" are

substituted for "on any project for airport development contained

in an approved project grant application submitted in accordance

with this chapter" in 49 App.:2214(a), "on projects for airport

development approved under this chapter" in 49 App.:2214(b), and

"under project grants for airport development approved under this

chapter" in 49 App.:2214(c) for clarity and consistency in this

section. See H.R. Rept. No. 97-760, 97th Cong., 2d Sess., p. 715

(1982).

In subsection (a), the words "or sponsors" are omitted because of

1:1.

In subsection (b), the words "must require contractors to pay

labor minimum wage rates" are substituted for "shall contain

provisions establishing minimum rates of wages . . . which

contractors shall pay to skilled and unskilled labor" to eliminate

unnecessary words. The word "proposals" is omitted as included in

"bids".

Subsection (c)(1)(A) is substituted for "a disabled veteran is an

individual described in section 2108(2) of title 5" for consistency

in the revised title and with other titles of the Code.

In subsection (c)(1)(B), the words "after August 4, 1964, and

before May 8, 1975" are substituted for "during the period

beginning August 5, 1964, and ending May 7, 1975" for consistency

in the revised title and with other titles of the United States

Code and to eliminate unnecessary words.

In subsection (c)(2), the words "must require that" are

substituted for "shall contain such provisions as are necessary to

insure that", and the words "when they are available and qualified

for the employment" are substituted for "However, this preference

shall apply only where the individuals are available and qualified

to perform the work to which the employment relates", to eliminate

unnecessary words.

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-217 substituted "sections

3141-3144, 3146, and 3147 of title 40" for "the Act of March 3,

1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a - 276a-5)".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47119 of this title.

-End-

-CITE-

49 USC Sec. 47113 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47113. Minority and disadvantaged business participation

-STATUTE-

(a) Definitions. - In this section -

(1) "small business concern" -

(A) has the same meaning given that term in section 3 of the

Small Business Act (15 U.S.C. 632); but

(B) does not include a concern, or group of concerns

controlled by the same socially and economically disadvantaged

individual, that has average annual gross receipts over the

prior 3 fiscal years of more than $16,015,000, as adjusted by

the Secretary of Transportation for inflation;

(2) "socially and economically disadvantaged individual" has

the same meaning given that term in section 8(d) of the Act (15

U.S.C. 637(d)) and relevant subcontracting regulations prescribed

under section 8(d), except that women are presumed to be socially

and economically disadvantaged; and

(3) the term "qualified HUBZone small business concern" has the

meaning given that term in section 3(p) of the Small Business Act

(15 U.S.C. 632(o) (!1)).

(b) General Requirement. - Except to the extent the Secretary

decides otherwise, at least 10 percent of amounts available in a

fiscal year under section 48103 of this title shall be expended

with small business concerns owned and controlled by socially and

economically disadvantaged individuals or qualified HUBZone small

business concerns.

(c) Uniform Criteria. - The Secretary shall establish minimum

uniform criteria for State governments and airport sponsors to use

in certifying whether a small business concern qualifies under this

section. The criteria shall include on-site visits, personal

interviews, licenses, analyses of stock ownership and bonding

capacity, listings of equipment and work completed, resumes of

principal owners, financial capacity, and type of work preferred.

(d) Surveys and Lists. - Each State or airport sponsor annually

shall survey and compile a list of small business concerns referred

to in subsection (b) of this section and the location of each

concern in the State.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1268; Pub. L.

103-429, Sec. 6(65), Oct. 31, 1994, 108 Stat. 4386; Pub. L.

105-135, title VI, Sec. 604(h)(2), Dec. 2, 1997, 111 Stat. 2635.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47113(a) 49 App.:2204(d)(2). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

505(d); added Dec. 30, 1987,

Pub. L. 100-223, Sec.

105(f), 101 Stat. 1493; Oct.

31, 1992, Pub. L. 102-581,

Sec. 117(c), 106 Stat. 4883.

47113(b) 49 App.:2204(d)(1).

47113(c) 49 App.:2204(d)(4).

47113(d) 49 App.:2204(d)(3).

--------------------------------------------------------------------

In subsection (a)(1)(B), the words "or individuals" are omitted

because of 1:1.

In subsection (a)(2), the reference is to section 8(c) of the Act

because 15:637(d) was redesignated as 15:637(c) by section 3 of the

Women's Business Development Act of 1991 (Public Law 102-191, 105

Stat. 1591).

In subsection (b), the words "beginning after September 30, 1987"

are omitted as obsolete.

PUB. L. 103-429

This amends 49:47113(a)(2) to correct erroneous cross-references.

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-135, Sec. 604(h)(2)(A),

substituted semicolon for period at end of par. (1), substituted ";

and" for period at end of par. (2), and added par. (3).

Subsec. (b). Pub. L. 105-135, Sec. 604(h)(2)(B), inserted "or

qualified HUBZone small business concerns" before period at end.

1994 - Subsec. (a)(2). Pub. L. 103-429 substituted "8(d)" for

"8(c)" in two places and "637(d))" for "637(c))".

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section

3 of Pub. L. 105-135, set out as a note under section 631 of Title

15, Commerce and Trade.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47107, 47119 of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "632(p)".

-End-

-CITE-

49 USC Sec. 47114 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47114. Apportionments

-STATUTE-

(a) Definition. - In this section, "amount subject to

apportionment" means the amount newly made available under section

48103 of this title for a fiscal year.

(b) Apportionment Date. - On the first day of each fiscal year,

the Secretary of Transportation shall apportion the amount subject

to apportionment for that fiscal year as provided in this section.

(c) Amounts Apportioned to Sponsors. -

(1) Primary airports. -

(A) Apportionment. - The Secretary shall apportion to the

sponsor of each primary airport for each fiscal year an amount

equal to -

(i) $7.80 for each of the first 50,000 passenger boardings

at the airport during the prior calendar year;

(ii) $5.20 for each of the next 50,000 passenger boardings

at the airport during the prior calendar year;

(iii) $2.60 for each of the next 400,000 passenger

boardings at the airport during the prior calendar year;

(iv) $.65 for each of the next 500,000 passenger boardings

at the airport during the prior calendar year; and

(v) $.50 for each additional passenger boarding at the

airport during the prior calendar year.

(B) Minimum and maximum apportionments. - Not less than

$650,000 nor more than $22,000,000 may be apportioned under

subparagraph (A) of this paragraph to an airport sponsor for a

primary airport for each fiscal year.

(C) Special rule. - In any fiscal year in which the total

amount made available under section 48103 is $3,200,000,000 or

more -

(i) the amount to be apportioned to a sponsor under

subparagraph (A) shall be increased by doubling the amount

that would otherwise be apportioned;

(ii) the minimum apportionment to a sponsor under

subparagraph (B) shall be $1,000,000 rather than $650,000;

and

(iii) the maximum apportionment to a sponsor under

subparagraph (B) shall be $26,000,000 rather than

$22,000,000.

(D) New airports. - Notwithstanding subparagraph (A), the

Secretary shall apportion on the first day of the first fiscal

year following the official opening of a new airport with

scheduled passenger air transportation an amount equal to the

minimum amount set forth in subparagraph (B) or (C), as

appropriate, to the sponsor of such airport.

(E) Use of previous fiscal year's apportionment. -

Notwithstanding subparagraph (A), the Secretary may apportion

to an airport sponsor in a fiscal year an amount equal to the

amount apportioned to that sponsor in the previous fiscal year

if the Secretary finds that -

(i) passenger boardings at the airport fell below 10,000 in

the calendar year used to calculate the apportionment;

(ii) the airport had at least 10,000 passenger boardings in

the calendar year prior to the calendar year used to

calculate apportionments to airport sponsors in a fiscal

year; and

(iii) the cause of the shortfall in passenger boardings was

a temporary but significant interruption in service by an air

carrier to that airport due to an employment action, natural

disaster, or other event unrelated to the demand for air

transportation at the affected airport.

(2) Cargo only airports. -

(A) Apportionment. - Subject to subparagraph (D), the Secretary

shall apportion an amount equal to 3 percent of the amount

subject to apportionment each fiscal year to the sponsors of

airports served by aircraft providing air transportation of only

cargo with a total annual landed weight of more than 100,000,000

pounds.

(B) Suballocation formula. - Any funds apportioned under

subparagraph (A) to sponsors of airports described in

subparagraph (A) shall be allocated among those airports in the

proportion that the total annual landed weight of aircraft

described in subparagraph (A) landing at each of those airports

bears to the total annual landed weight of those aircraft landing

at all those airports.

(C) Limitation. - In any fiscal year in which the total amount

made available under section 48103 is less than $3,200,000,000,

not more than 8 percent of the amount apportioned under

subparagraph (A) may be apportioned for any one airport.

(D) Distribution to other airports. - Before apportioning

amounts to the sponsors of airports under subparagraph (A) for a

fiscal year, the Secretary may set-aside a portion of such

amounts for distribution to the sponsors of other airports,

selected by the Secretary, that the Secretary finds will be

served primarily by aircraft providing air transportation of only

cargo.

(E) Determination of landed weight. - Landed weight under this

paragraph is the landed weight of aircraft landing at each

airport described in subparagraph (A) during the prior calendar

year.

(d) Amounts Apportioned for General Aviation Airports. -

(1) Definitions. - In this subsection, the following

definitions apply:

(A) Area. - The term "area" includes land and water.

(B) Population. - The term "population" means the population

stated in the latest decennial census of the United States.

(2) Apportionment. - Except as provided in paragraph (3), the

Secretary shall apportion to the States 18.5 percent of the

amount subject to apportionment for each fiscal year as follows:

(A) 0.66 percent of the apportioned amount to Guam, American

Samoa, the Northern Mariana Islands, and the Virgin Islands.

(B) Except as provided in paragraph (4), 49.67 percent of the

apportioned amount for airports, excluding primary airports but

including reliever and nonprimary commercial service airports,

in States not named in subparagraph (A) in the proportion that

the population of each of those States bears to the total

population of all of those States.

(C) Except as provided in paragraph (4), 49.67 percent of the

apportioned amount for airports, excluding primary airports but

including reliever and nonprimary commercial service airports,

in States not named in subparagraph (A) in the proportion that

the area of each of those States bears to the total area of all

of those States.

(3) Special rule. - In any fiscal year in which the total

amount made available under section 48103 is $3,200,000,000 or

more, rather than making an apportionment under paragraph (2),

the Secretary shall apportion 20 percent of the amount subject to

apportionment for each fiscal year as follows:

(A) To each airport, excluding primary airports but including

reliever and nonprimary commercial service airports, in States

the lesser of -

(i) $150,000; or

(ii) 1/5 of the most recently published estimate of the

5-year costs for airport improvement for the airport, as

listed in the national plan of integrated airport systems

developed by the Federal Aviation Administration under

section 47103.

(B) Any remaining amount to States as follows:

(i) 0.62 percent of the remaining amount to Guam, American

Samoa, the Commonwealth of the Northern Mariana Islands, and

the Virgin Islands.

(ii) Except as provided in paragraph (4), 49.69 percent of

the remaining amount for airports, excluding primary airports

but including reliever and nonprimary commercial service

airports, in States not named in clause (i) in the proportion

that the population of each of those States bears to the

total population of all of those States.

(iii) Except as provided in paragraph (4), 49.69 percent of

the remaining amount for airports, excluding primary airports

but including reliever and nonprimary commercial service

airports, in States not named in clause (i) in the proportion

that the area of each of those States bears to the total area

of all of those States.

(4) Airports in alaska, puerto rico, and hawaii. - An amount

apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or

Hawaii for airports in such State may be made available by the

Secretary for any public airport in those respective

jurisdictions.

(5) Use of state highway specifications. -

(A) In general. - The Secretary may permit the use of State

highway specifications for airfield pavement construction using

funds made available under this subsection at nonprimary

airports with runways of 5,000 feet or shorter serving aircraft

that do not exceed 60,000 pounds gross weight if the Secretary

determines that -

(i) safety will not be negatively affected; and

(ii) the life of the pavement will not be shorter than it

would be if constructed using Administration standards.

(B) Limitation. - An airport may not seek funds under this

subchapter for runway rehabilitation or reconstruction of any

such airfield pavement constructed using State highway

specifications for a period of 10 years after construction is

completed unless the Secretary determines that the

rehabilitation or reconstruction is required for safety

reasons.

(6) Integrated airport system planning. - Notwithstanding any

other provision of this subsection, funds made available under

this subsection may be used for integrated airport system

planning that encompasses one or more primary airports.

(e) Supplemental Apportionment for Alaska. -

(1) In general. - Notwithstanding subsections (c) and (d) of

this section, the Secretary may apportion amounts for airports in

Alaska in the way in which amounts were apportioned in the fiscal

year ending September 30, 1980, under section 15(a) of the Act.

However, in apportioning amounts for a fiscal year under this

subsection, the Secretary shall apportion -

(A) for each primary airport at least as much as would be

apportioned for the airport under subsection (c)(1) of this

section; and

(B) a total amount at least equal to the minimum amount

required to be apportioned to airports in Alaska in the fiscal

year ending September 30, 1980, under section 15(a)(3)(A) of

the Act.

(2) Authority for discretionary grants. - This subsection does

not prohibit the Secretary from making project grants for

airports in Alaska from the discretionary fund under section

47115 of this title.

(3) Airports eligible for funds. - An amount apportioned under

this subsection may be used for any public airport in Alaska.

(4) Special rule. - In any fiscal year in which the total

amount made available under section 48103 is $3,200,000,000 or

more, the amount that may be apportioned for airports in Alaska

under paragraph (1) shall be increased by doubling the amount

that would otherwise be apportioned.

(f) Reducing Apportionments. -

(1) In general. - Subject to paragraph (3), an amount that

would be apportioned under this section (except subsection

(c)(2)) in a fiscal year to the sponsor of an airport having at

least .25 percent of the total number of boardings each year in

the United States and for which a fee is imposed in the fiscal

year under section 40117 of this title shall be reduced by an

amount equal to -

(A) in the case of a fee of $3.00 or less, 50 percent of the

projected revenues from the fee in the fiscal year but not by

more than 50 percent of the amount that otherwise would be

apportioned under this section; and

(B) in the case of a fee of more than $3.00, 75 percent of

the projected revenues from the fee in the fiscal year but not

by more than 75 percent of the amount that otherwise would be

apportioned under this section.

(2) Effective date of reduction. - A reduction in an

apportionment required by paragraph (1) shall not take effect

until the first fiscal year following the year in which the

collection of the fee imposed under section 40117 is begun.

(3) Special rule for transitioning airorts.(!1) -

(A) In general. - Beginning with the fiscal year following

the first calendar year in which the sponsor of an airport has

more than .25 percent of the total number of boardings in the

United States, the sum of the amount that would be apportioned

under this section after application of paragraph (1) in a

fiscal year to such sponsor and the projected revenues to be

derived from the fee in such fiscal year shall not be less than

the sum of the apportionment to such airport for the preceding

fiscal year and the revenues derived from such fee in the

preceding fiscal year.

(B) Effective period. - Subparagraph (A) shall be in effect

for fiscal years 2000 through 2003.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1268; Pub. L.

103-429, Sec. 6(66), Oct. 31, 1994, 108 Stat. 4386; Pub. L.

104-264, title I, Sec. 121, Oct. 9, 1996, 110 Stat. 3217; Pub. L.

106-181, title I, Secs. 104(a)-(d), 105(c), Apr. 5, 2000, 114 Stat.

67-71.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47114(a), 49 App.:2206(a) Sept. 3, 1982, Pub. L.

(b) (words before cl. 97-248, Sec. 507(a)(1), (3),

(1)). (b)(2), (4)-(5)(C), (E),

(6), 96 Stat. 679; Jan. 6,

1983, Pub. L. 97-424, Sec.

426(a), (d), 96 Stat. 2167,

2168; restated Dec. 30,

1987, Pub. L. 100-223, Sec.

106(a), 101 Stat. 1494, 1496.

47114(c) 49 App.:2206(a)(1).

(1)(A)

49 App.:2206(e)(1). Sept. 3, 1982, Pub. L.

97-248, Sec. 507(e), (f), 96

Stat. 679; Jan. 6, 1983,

Pub. L. 97-424, Sec. 426(a),

(d), 96 Stat. 2167, 2168;

restated Dec. 30, 1987, Pub.

L. 100-223, Sec. 106(a), 101

Stat. 1497; Nov. 5, 1990,

Pub. L. 101-508, Sec.

9112(b), 104 Stat. 1388-362.

47114(c) 49 App.:2206(b)(1). Sept. 3, 1982, Pub. L.

(1)(B) 97-248, Sec. 507(a)(2),

(b)(1), (3), (5)(F), 96

Stat. 679; Jan. 6, 1983,

Pub. L. 97-424, Sec. 426(a),

(d), 96 Stat. 2167, 2168;

restated Dec. 30, 1987, Pub.

L. 100-223, Sec. 106(a), 101

Stat. 1494, 1496; Oct. 31,

1992, Pub. L. 102-581, Sec.

106, 106 Stat. 4878.

47114(c)(2) 49 App.:2206(a)(2),

(b)(4), (e)(2).

47114(c)(3) 49 App.:2206(b)(2),

(3).

47114(d)(1) 49 App.:2206(f).

47114(d)(2) 49 App.:2206(a)(3).

47114(d)(3) 49 App.:2206(b)(6).

47114(e) 49 App.:2206(b)

(5)(A)-(C), (E),

(F).

47114(f) 49 App.:2206(b)(7). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

507(b)(7); added Nov. 5,

1990, Pub. L. 101-508, Sec.

9111, 104 Stat. 1388-362.

--------------------------------------------------------------------

In subsection (a), the word "newly" is substituted for "and not

previously apportioned" for clarity. The words "made available" are

substituted for "authorized to be obligated" for clarity and

consistency.

In subsection (c)(1)(A), the words "during the prior calendar

year" are substituted for 49 App.:2206(b) for clarity.

In subsection (c)(2)(A), the word "cargo" is substituted for

"property (including mail)" for consistency in the revised title.

In subsection (c)(3), the words "The total of all amounts

apportioned under paragraphs (1) and (2) of this subsection may not

be more than 44 percent of the amount subject to apportionment for

a fiscal year" are substituted for 49 App.:2206(b)(2)(A) and (3)(A)

for clarity and to eliminate unnecessary words. The words "If this

paragraph requires reduction of an amount that otherwise would be

apportioned under this subsection" are substituted for "In any case

in which apportionments in a fiscal year would be reduced by

subparagraph (A)" for clarity.

In subsection (d)(2)(A), the words "the Commonwealth of" are

omitted as surplus.

In subsection (d)(2)(B) and (C), the words "except as provided in

paragraph (3) of this subsection" are added, and the words "49.5

percent of the apportioned amount" are substituted for "1/2 of the

remaining 99 percent", for clarity.

In subsection (d)(3), before clause (A), the words

"Notwithstanding subsection (a)(3)(B) of this section" are omitted

as surplus.

In subsection (e)(1), before clause (A), the words "Instead of

apportioning amounts for airports in Alaska under subsections (c)

and (d) of this section" are substituted for "Notwithstanding any

other provision of subsection (a) of this section" for clarity.

In subsection (e)(2), the words "be construed as" are omitted as

surplus.

In subsection (f), the words "which, but for this paragraph,

would be" the first time they appear are omitted as surplus. The

words "but not by more than" are substituted for "The maximum

reduction in an apportionment to a sponsor of an airport as a

result of this paragraph in a fiscal year shall be" to eliminate

unnecessary words.

PUB. L. 103-429

Revision notes for 49:47114(c)(3)(A) are included to reflect

changes made for clarity and to correct an error in the

codification enacted by section 1 of the Act of July 5, 1994

(Public Law 103-272, 108 Stat. 1269).

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47114(c) 49 App.:2206(b)(1). Sept. 3, 1982, Pub. L.

(1)(B) 97-248, Sec. 507(b)(1), as

amended May 26, 1994, Pub.

L. 103-260, Sec. 103, 108

Stat. 698.

47114(c) 49 App.:2206(b)(3). Sept. 3, 1982, Pub. L.

(3)(B) 97-248, Sec. 507(b)(3), as

amended May 26, 1994, Pub.

L. 103-260, Sec. 102, 108

Stat. 698.

--------------------------------------------------------------------

In subsection (c)(3)(A) and (B), the words "If this subparagraph

requires reduction of an amount that otherwise would be apportioned

under this subsection" are substituted for "In any case in which

apportionments in a fiscal year would be reduced by subparagraph

(A)" for clarity.

In subsection (c)(3)(A), the words "Except as provided in

subparagraph (B) of this paragraph" are added for clarity. The

words "the total of all amounts apportioned under paragraphs (1)

and (2) of this subsection may not be more than 49.5 percent of the

amount subject to apportionment for a fiscal year" are substituted

for 49 App.:2206(b)(2)(A), as in effect on July 4, 1994, for

clarity and to eliminate unnecessary words.

In subsection (c)(3)(B), the words "the total of all amounts

apportioned under paragraphs (1) and (2) of this subsection may not

be more than 44 percent of the amount subject to apportionment for

that fiscal year" are substituted for 49 App.:2206(b)(3)(A), as in

effect on July 4, 1994, for clarity and to eliminate unnecessary

words.

-REFTEXT-

REFERENCES IN TEXT

Section 15(a) of the Airport and Airway Development Act of 1970,

referred to in subsec. (e)(1), is section 15(a) of Pub. L. 91-258,

which was classified to section 1715(a) of former Title 49,

Transportation, prior to repeal by Pub. L. 97-248, title V, Sec.

523(a), Sept. 3, 1982, 96 Stat. 695.

-MISC2-

AMENDMENTS

2000 - Subsec. (c)(1). Pub. L. 106-181, Sec. 104(a)(2)(A), (C),

inserted headings for par. (1) and subpar. (A) and realigned

margins.

Subsec. (c)(1)(B). Pub. L. 106-181, Sec. 104(a)(1)(A), (2)(B),

(C), inserted heading, substituted "$650,000" for "$500,000", and

realigned margins.

Subsec. (c)(1)(C) to (E). Pub. L. 106-181, Sec. 104(a)(1)(B),

added subpars. (C) to (E).

Subsec. (c)(2)(A). Pub. L. 106-181, Sec. 104(b)(1), substituted

"3 percent" for "2.5 percent".

Subsec. (c)(2)(C). Pub. L. 106-181, Sec. 104(b)(2), substituted

"In any fiscal year in which the total amount made available under

section 48103 is less than $3,200,000,000, not more than" for "Not

more than".

Subsec. (d). Pub. L. 106-181, Sec. 104(c), amended heading and

text of subsec. (d) generally, revising and restating as pars. (1)

to (6) provisions formerly contained in pars. (1) to (3).

Subsec. (e). Pub. L. 106-181, Sec. 104(d)(1), substituted

"Supplemental" for "Alternative" in heading.

Subsec. (e)(1). Pub. L. 106-181, Sec. 104(d)(2), (5), inserted

heading, realigned margins, and in introductory provisions

substituted "Notwithstanding" for "Instead of apportioning amounts

for airports in Alaska under" and "airports in Alaska" for "those

airports".

Subsec. (e)(2). Pub. L. 106-181, Sec. 104(d)(3), (5), inserted

heading and realigned margins.

Subsec. (e)(3), (4). Pub. L. 106-181, Sec. 104(d)(4), added pars.

(3) and (4) and struck out former par. (3) which read as follows:

"Airports referred to in this subsection include those public

airports that received scheduled service as of September 3, 1982,

but were not apportioned amounts in the fiscal year ending

September 30, 1980, under section 15(a) of the Act because the

airports were not under the control of a State or local public

agency."

Subsec. (f). Pub. L. 106-181, Sec. 105(c), designated existing

provisions as par. (1), inserted heading, realigned margins,

substituted "Subject to paragraph (3), an amount" for "An amount"

and "an amount equal to - " and subpars. (A) and (B) for "an amount

equal to 50 percent of the projected revenues from the fee in the

fiscal year but not by more than 50 percent of the amount that

otherwise would be apportioned under this section.", and added

pars. (2) and (3).

1996 - Subsec. (c)(1)(A)(iv). Pub. L. 104-264, Sec. 121(a)(1)(B),

substituted "of the next 500,000 passenger boardings" for

"additional passenger boarding".

Subsec. (c)(1)(A)(v). Pub. L. 104-264, Sec. 121(a)(1)(A), (C),

(D), added cl. (v).

Subsec. (c)(2). Pub. L. 104-264, Sec. 121(a)(2)(A), amended par.

(2) generally. Prior to amendment, par. (2) read as follows:

"(2)(A) The Secretary shall apportion to the sponsors of airports

served by aircraft providing air transportation of only cargo with

a total annual landed weight of more than 100,000,000 pounds for

each fiscal year an amount equal to 3.5 percent of the amount

subject to apportionment each year, allocated among those airports

in the proportion that the total annual landed weight of those

aircraft landing at each of those airports bears to the total

annual landed weight of those aircraft landing at all those

airports. However, not more than 8 percent of the amount

apportioned under this paragraph may be apportioned for any one

airport.

"(B) Landed weight under subparagraph (A) of this paragraph is

the landed weight of aircraft landing at each of those airports and

all those airports during the prior calendar year."

Subsec. (c)(3). Pub. L. 104-264, Sec. 121(a)(3), struck out par.

(3) which read as follows:

"(3)(A) Except as provided in subparagraph (B) of this paragraph,

the total of all amounts apportioned under paragraphs (1) and (2)

of this subsection may not be more than 49.5 percent of the amount

subject to apportionment for a fiscal year. If this subparagraph

requires reduction of an amount that otherwise would be apportioned

under this subsection, the Secretary shall reduce proportionately

the amount apportioned to each sponsor of an airport under

paragraphs (1) and (2) until the 49.5 percent limit is achieved.

"(B) If a law limits the amount subject to apportionment to less

than $1,900,000,000 for a fiscal year, the total of all amounts

apportioned under paragraphs (1) and (2) of this subsection may not

be more than 44 percent of the amount subject to apportionment for

that fiscal year. If this subparagraph requires reduction of an

amount that otherwise would be apportioned under this subsection,

the Secretary shall reduce proportionately the amount apportioned

to each sponsor of an airport under paragraphs (1) and (2) until

the 44 percent limit is achieved."

Subsec. (d)(2). Pub. L. 104-264, Sec. 121(b)(1), substituted

"18.5" for "12" in introductory provisions.

Subsec. (d)(2)(A). Pub. L. 104-264, Sec. 121(b)(2), substituted

"0.66" for "one".

Subsec. (d)(2)(B), (C). Pub. L. 104-264, Secs. 121(b)(3), (4),

substituted "49.67" for "49.5" and "excluding primary airports but

including reliever and nonprimary commercial service airports," for

"except primary airports and airports described in section

47117(e)(1)(C) of this title,".

1994 - Subsec. (c)(1)(B). Pub. L. 103-429, Sec. 6(66)(A),

substituted "$500,000" for "$400,000".

Subsec. (c)(3). Pub. L. 103-429, Sec. 6(66)(B), designated

existing provisions as subpar. (A), substituted "Except as provided

in subparagraph (B) of this paragraph, the" for "The", "49.5" for

"44" in two places, and "If this subparagraph" for "If this

paragraph", and added subpar. (B).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

Section 125 of title I of Pub. L. 104-264, which provided that

the amendments made by subtitle B (Secs. 121-125) of title I of

Pub. L. 104-264, amending this section and sections 47115, 47117,

and 47118 of this title, were to cease to be effective on Sept. 30,

1998, and that on and after such date, sections 47114, 47115,

47117, and 47118 of this title were to read as if such amendments

had not been enacted, was repealed by Pub. L. 105-277, div. C,

title I, Sec. 110(a), Oct. 21, 1998, 112 Stat. 2681-587, effective

Sept. 29, 1998.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 6(66)(B) of Pub. L. 103-429 effective July

5, 1994, see section 9 of Pub. L. 103-429, set out as a note under

section 321 of this title.

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

-MISC3-

APPORTIONED FUNDS

Pub. L. 107-71, title I, Sec. 119(b), Nov. 19, 2001, 115 Stat.

629, provided that: "For the purpose of carrying out section 47114

of title 49, United States Code, for fiscal year 2003, the

Secretary shall use, in lieu of passenger boardings at an airport

during the prior calendar year, the greater of -

"(1) the number of passenger boardings at that airport during

2000; or

"(2) the number of passenger boardings at that airport during

2001."

[For definition of "airport" used in section 119(b) of Pub. L.

107-71, set out above, see section 133 of Pub. L. 107-71, set out

as a note under section 40102 of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 41742, 47102, 47104,

47105, 47106, 47107, 47108, 47110, 47115, 47116, 47117, 47119,

47124, 47134, 47135 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "airports".

-End-

-CITE-

49 USC Sec. 47115 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47115. Discretionary fund

-STATUTE-

(a) Existence and Amounts in Fund. - The Secretary of

Transportation has a discretionary fund. The fund consists of -

(1) amounts subject to apportionment for a fiscal year that are

not apportioned under section 47114(c)-(e) of this title; and

(2) 12.5 percent of amounts not apportioned under section 47114

of this title because of section 47114(f).

(b) Availability of Amounts. - Subject to subsection (c) of this

section and section 47117(e) of this title, the fund is available

for making grants for any purpose for which amounts are made

available under section 48103 of this title that the Secretary

considers most appropriate to carry out this subchapter.

(c) Minimum Percentage for Primary and Reliever Airports. - At

least 75 percent of the amount in the fund and distributed by the

Secretary in a fiscal year shall be used for making grants -

(1) to preserve and enhance capacity, safety, and security at

primary and reliever airports; and

(2) to carry out airport noise compatibility planning and

programs at primary and reliever airports.

(d) Considerations. - In selecting a project for a grant to

preserve and enhance capacity as described in subsection (c)(1) of

this section, the Secretary shall consider -

(1) the effect the project will have on the overall national

air transportation system capacity;

(2) the project benefit and cost, including, in the case of a

project at a reliever airport, the number of operations projected

to be diverted from a primary airport to the reliever airport as

a result of the project, as well as the cost savings projected to

be realized by users of the local airport system;

(3) the financial commitment from non-United States Government

sources to preserve or enhance airport capacity;

(4) the airport improvement priorities of the States, and

regional offices of the Administration, to the extent such

priorities are not in conflict with paragraphs (1) and (2);

(5) the projected growth in the number of passengers that will

be using the airport at which the project will be carried out;

and

(6) any increase in the number of passenger boardings in the

preceding 12-month period at the airport at which the project

will be carried out, with priority consideration to be given to

projects at airports at which the number of passenger boardings

increased by at least 20 percent as compared to the number of

passenger boardings in the 12-month period preceding such period.

(e) Waiving Percentage Requirement. - If the Secretary decides

the Secretary cannot comply with the percentage requirement of

subsection (c) of this section in a fiscal year because there are

insufficient qualified grant applications to meet that percentage,

the amount the Secretary determines will not be distributed as

required by subsection (c) is available for obligation during the

fiscal year without regard to the requirement.

(f) Consideration of Diversion of Revenues in Awarding

Discretionary Grants. -

(1) General rule. - Subject to paragraph (2), in deciding

whether or not to distribute funds to an airport from the

discretionary funds established by subsection (a) of this section

and section 47116 of this title, the Secretary shall consider as

a factor militating against the distribution of such funds to the

airport the fact that the airport is using revenues generated by

the airport or by local taxes on aviation fuel for purposes other

than capital or operating costs of the airport or the local

airports system or other local facilities which are owned or

operated by the owner or operator of the airport and directly and

substantially related to the actual air transportation of

passengers or property.

(2) Required finding. - Paragraph (1) shall apply only when the

Secretary finds that the amount of revenues used by the airport

for purposes other than capital or operating costs in the

airport's fiscal year preceding the date of the application for

discretionary funds exceeds the amount of such revenues in the

airport's first fiscal year ending after August 23, 1994,

adjusted by the Secretary for changes in the Consumer Price Index

of All Urban Consumers published by the Bureau of Labor

Statistics of the Department of Labor.

(g) Minimum Amount To Be Credited. -

(1) General rule. - In a fiscal year, there shall be credited

to the fund, out of amounts made available under section 48103 of

this title, an amount that is at least equal to the sum of -

(A) $148,000,000; plus

(B) the total amount required from the fund to carry out in

the fiscal year letters of intent issued before January 1,

1996, under section 47110(e) of this title or the Airport and

Airway Improvement Act of 1982.

The amount credited is exclusive of amounts that have been

apportioned in a prior fiscal year under section 47114 of this

title and that remain available for obligation.

(2) Reduction of apportionments. - In a fiscal year in which

the amount credited under subsection (a) is less than the minimum

amount to be credited under paragraph (1), the total amount

calculated under paragraph (3) shall be reduced by an amount

that, when credited to the fund, together with the amount

credited under subsection (a), equals such minimum amount.

(3) Amount of reduction. - For a fiscal year, the total amount

available to make a reduction to carry out paragraph (2) is the

total of the amounts determined under sections 47114(c)(1)(A),

47114(c)(2), 47114(d), and 47117(e) of this title. Each amount

shall be reduced by an equal percentage to achieve the reduction.

(h) Priority for Letters of Intent. - In making grants in a

fiscal year with funds made available under this section, the

Secretary shall fulfill intentions to obligate under section

47110(e).

(i) Considerations for Project Under Expanded Security

Eligibility. - In order to assure that funding under this

subchapter is provided to the greatest needs, the Secretary, in

selecting a project described in section 47102(3)(J) for a grant,

shall consider the non-federal (!1) resources available to sponsor,

the use of such non-federal (!1) resources, and the degree to which

the sponsor is providing increased funding for the project.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1270; Pub. L.

103-305, title I, Sec. 112(d), Aug. 23, 1994, 108 Stat. 1576; Pub.

L. 103-429, Sec. 6(67), Oct. 31, 1994, 108 Stat. 4386; Pub. L.

104-264, title I, Secs. 122, 145, Oct. 9, 1996, 110 Stat. 3218,

3222; Pub. L. 104-287, Sec. 5(81), Oct. 11, 1996, 110 Stat. 3397;

Pub. L. 106-6, Secs. 5, 8(a), Mar. 31, 1999, 113 Stat. 10, 11; Pub.

L. 107-71, title I, Sec. 119(a)(3), Nov. 19, 2001, 115 Stat. 628.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47115(a) 49 App.:2206(c)(1) Sept. 3, 1982, Pub. L.

(1st, 2d sentences). 97-248, Sec. 507(c), 96

Stat. 679; Jan. 6, 1983,

Pub. L. 97-424, Sec. 426(a),

(d), 96 Stat. 2167, 2168;

restated Dec. 30, 1987, Pub.

L. 100-223, Sec. 106(a), 101

Stat. 1496; Nov. 5, 1990,

Pub. L. 101-508, Sec.

9112(a), 104 Stat. 1388-362.

47115(b) 49 App.:2206(c)(1)

(3d, last

sentences).

47115(c) 49 App.:2206(c)(2).

47115(d) 49 App.:2206(c)(3).

47115(e) 49 App.:2206(c)(4).

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "The Secretary of

Transportation has a discretionary fund" are added for clarity. In

clause (1), the words "subject to apportionment for a fiscal year"

are substituted for "which are made available for a fiscal year

under section 2204 of this Appendix" and "which have not been

previously apportioned by the Secretary" for consistency with

section 47114 of the revised title.

In subsection (c), before clause (1), the words "Subject to

section 2207(d) of this Appendix and paragraph (4) of this

subsection" and "pursuant to paragraph (1) and distributed by the

Secretary under this subsection in a fiscal year beginning after

September 30, 1987" are omitted as surplus.

In subsection (d), before clause (1), the words "at airports" are

omitted as surplus. In clause (3), the words "airport operator or

other" are omitted as surplus.

In subsection (e), the words "submitted in compliance with this

chapter" and "portion of" are omitted as surplus.

PUB. L. 103-429

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47115(f) 49 App.:2206(c)(5). Sept. 3, 1982, Pub. L.

97-248, Sec. 507(c)(5), as

added May 26, 1994, Pub. L.

103-260, Sec. 104(a), 108

Stat. 698.

49 App.:2206 (note). May 26, 1994, Pub. L.

103-260, Sec. 104(b), 108

Stat. 699.

--------------------------------------------------------------------

In subsection (f), the text of section 104(b) of the Airport

Improvement Program Temporary Extension Act of 1994 (Public Law

103-260, 108 Stat. 699) is omitted as executed.

PUB. L. 104-287, SEC. 5(81)(A)

This sets out the date of enactment of 49:47115(f), as enacted by

section 112(d) of the Federal Aviation Administration Authorization

Act of 1994 (Public Law 103-305, 108 Stat. 1576).

PUB. L. 104-287, SEC. 5(81)(B)

This redesignates 49:47115(f), as enacted by section 6(67) of the

Act of October 31, 1994 (Public Law 103-429, 108 Stat. 4386), as

49:47115(g).

-REFTEXT-

REFERENCES IN TEXT

The Airport and Airway Improvement Act of 1982, referred to in

subsec. (g)(1)(B), is title V of Pub. L. 97-248, Sept. 3, 1982, 96

Stat. 671, as amended, which was classified principally to chapter

31 (Sec. 2201 et seq.) of former Title 49, Transportation, and was

substantially repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994,

108 Stat. 1379, and reenacted by the first section thereof as this

subchapter.

-MISC2-

AMENDMENTS

2001 - Subsec. (i). Pub. L. 107-71 added subsec. (i).

1999 - Subsec. (a)(2). Pub. L. 106-6, Sec. 8(a)(1), substituted

"12.5" for "25".

Subsec. (b). Pub. L. 106-6, Sec. 8(a)(2), struck out at end

"However, 50 percent of amounts not apportioned under section 47114

of this title because of section 47114(f) and added to the fund is

available for making grants for projects at small hub airports (as

defined in section 41731 of this title)."

Subsec. (g)(4). Pub. L. 106-6, Sec. 5, which directed the

amendment of section 47115(g) by striking paragraph (4), without

specifying the Code title to be amended, was executed by striking

heading and text of par. (4) of subsec. (g) of this section, to

reflect the probable intent of Congress. Text read as follows: "For

a fiscal year in which the amount credited to the fund under this

subsection exceeds $300,000,000, the Secretary shall allocate the

amount of such excess as follows:

"(A) 1/3 shall be made available to airports for which

apportionments are made under section 47114(d) of this title.

"(B) 1/3 shall be made available for airport noise

compatibility planning under section 47505(a)(2) of this title

and for carrying out noise compatibility programs under section

47504(c)(1) of this title.

"(C) 1/3 shall be made available to current or former

military airports for which grants may be made under section

47117(e)(1)(B) of this title."

1996 - Subsec. (d)(2). Pub. L. 104-264, Sec. 145(a)(1),

substituted ", including, in the case of a project at a reliever

airport, the number of operations projected to be diverted from a

primary airport to the reliever airport as a result of the project,

as well as the cost savings projected to be realized by users of

the local airport system;" for "; and".

Subsec. (d)(4) to (6). Pub. L. 104-264, Sec. 145(a)(2), (3),

added pars. (4) to (6).

Subsec. (f). Pub. L. 104-287, Sec. 5(81)(B), which directed that

subsec. (f), as enacted by Pub. L. 103-429, be redesignated (g),

could not be executed because of amendment by Pub. L. 104-264, Sec.

122, which struck out that subsec. See below.

Pub. L. 104-264, Sec. 122, struck out subsec. (f), relating to

minimum amount to be credited, which read as follows:

"(f) Minimum Amount To Be Credited. - (1) In a fiscal year, at

least $325,000,000 of the amount made available under section 48103

of this title shall be credited to the fund. The amount credited is

exclusive of amounts that have been apportioned in a prior fiscal

year under section 47114 of this title and that remain available

for obligation.

"(2) In a fiscal year in which the amount credited under

subsection (a) of this section is less than $325,000,000, the total

amount calculated under paragraph (3) of this subsection shall be

reduced by an amount that, when credited to the fund, together with

the amount credited under subsection (a), equals $325,000,000.

"(3) For a fiscal year, the total amount available to reduce to

carry out paragraph (2) of this subsection is the total of the

amounts determined under sections 47114(c)(1)(A) and (2) and (d)

and 47117(e) of this title. Each amount shall be reduced by an

equal percentage to achieve the reduction."

Subsec. (f)(2). Pub. L. 104-287, Sec. 5(81)(A), substituted

"August 23, 1994" for "the date of the enactment of this

subsection".

Subsec. (g). Pub. L. 104-264, Sec. 122, added subsec. (g).

Subsec. (h). Pub. L. 104-264, Sec. 145(b), added subsec. (h).

1994 - Subsec. (f). Pub. L. 103-429 added subsec. (f) relating to

minimum amount to be credited.

Pub. L. 103-305 added subsec. (f) relating to consideration of

diversion of revenues in awarding discretionary grants.

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by section 5(81)(B) of Pub. L. 104-287 effective Sept.

30, 1998, see section 8(2) of Pub. L. 104-287, as amended, set out

as a note under section 47117 of this title.

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47107, 47108, 47109,

47110, 47114, 47117, 47118, 47119, 47137 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be "non-Federal".

-End-

-CITE-

49 USC Sec. 47116 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47116. Small airport fund

-STATUTE-

(a) Existence and Amounts in Fund. - The Secretary of

Transportation has a small airport fund. The fund consists of 87.5

percent of amounts not apportioned under section 47114 of this

title because of section 47114(f).

(b) Distribution of Amounts. - The Secretary may distribute

amounts in the fund in each fiscal year for any purpose for which

amounts are made available under section 48103 of this title as

follows:

(1) one-seventh for grants for projects at small hub airports

(as defined in section 41731 of this title); and

(2) the remaining amounts based on the following:

(A) one-third for grants to sponsors of public-use airports

(except commercial service airports).

(B) two-thirds for grants to sponsors of each commercial

service airport that each year has less than .05 percent of the

total boardings in the United States in that year.

(c) Authority To Receive Grant Not Dependent on Participation in

Block Grant Pilot Program. - An airport in a State participating in

the State block grant pilot program under section 47128 of this

title may receive a grant under this section to the same extent the

airport may receive a grant if the State were not participating in

the program.

(d) Priority Consideration for Certain Projects. -

(1) Construction of new runways. - In making grants to sponsors

described in subsection (b)(2), the Secretary shall give priority

consideration to multi-year projects for construction of new

runways that the Secretary finds are cost beneficial and would

increase capacity in a region of the United States.

(2) Airport development for turbine powered aircraft. - In

making grants to sponsors described in subsection (b)(1), the

Secretary shall give priority consideration to airport

development projects to support operations by turbine powered

aircraft if the non-Federal share of the project is at least 40

percent.

(e) Set-Aside for Meeting Safety Terms in Airport Operating

Certificates. - In the first fiscal year beginning after the

effective date of regulations issued to carry out section 44706(b)

with respect to airports described in section 44706(a)(2), and in

each of the next 4 fiscal years, the lesser of $15,000,000 or 20

percent of the amounts that would otherwise be distributed to

sponsors of airports under subsection (b)(2) shall be used to

assist the airports in meeting the terms established by the

regulations. If the Secretary publishes in the Federal Register a

finding that all the terms established by the regulations have been

met, this subsection shall cease to be effective as of the date of

such publication.

(f) Notification of Source of Grant. - Whenever the Secretary

makes a grant under this section, the Secretary shall notify the

recipient of the grant, in writing, that the source of the grant is

from the small airport fund.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1271; Pub. L.

104-264, title I, Sec. 146, Oct. 9, 1996, 110 Stat. 3223; Pub. L.

106-6, Sec. 8(b), Mar. 31, 1999, 113 Stat. 11; Pub. L. 106-181,

title I, Sec. 128, Apr. 5, 2000, 114 Stat. 76.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47116(a) 49 App.:2206(d)(1) Sept. 3, 1982, Pub. L.

(words before "to 97-248, 96 Stat. 324, Sec.

be distributed"). 507(d); added Nov. 5, 1990,

Pub. L. 101-508, Sec.

9112(b), 104 Stat. 1388-362.

47116(b) 49 App.:2206(d)(1)

(words after "small

airport fund"),

(2), (3).

47116(c) 49 App.:2206(d)(4).

--------------------------------------------------------------------

In subsection (a), the words "The Secretary of Transportation has

a small airport fund" are added for clarity.

In subsection (b), before clause (1), the words "under this

subsection" are omitted as surplus. In clauses (1) and (2), the

words "used" and "making" are omitted as surplus.

In subsection (c), the word "pilot" is added for consistency with

section 47128 of the revised title.

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-181, Sec. 128(c), designated

existing provisions as par. (1), inserted heading, realigned

margins, and added par. (2).

Subsec. (e). Pub. L. 106-181, Sec. 128(a), added subsec. (e).

Subsec. (f). Pub. L. 106-181, Sec. 128(b), added subsec. (f).

1999 - Subsec. (a). Pub. L. 106-6, Sec. 8(b)(1), substituted

"87.5" for "75".

Subsec. (b). Pub. L. 106-6, Sec. 8(b)(2), added pars. (1) and (2)

and redesignated former pars. (1) and (2) as subpars. (A) and (B),

respectively, of par. (2).

1996 - Subsec. (d). Pub. L. 104-264 added subsec. (d).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47115 of this title.

-End-

-CITE-

49 USC Sec. 47117 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47117. Use of apportioned amounts

-STATUTE-

(a) Grant Purpose. - Except as provided in this section, an

amount apportioned under section 47114(c)(1) or (d)(2) of this

title is available for making grants for any purpose for which

amounts are made available under section 48103 of this title.

(b) Period of Availability. - An amount apportioned under section

47114 of this title is available to be obligated for grants under

the apportionment only during the fiscal year for which the amount

was apportioned and the 2 fiscal years immediately after that year

or the 3 fiscal years immediately following that year in the case

of a primary airport that had less than .05 percent of the total

boardings in the United States in the preceding calendar year. If

the amount is not obligated under the apportionment within that

time, it shall be added to the discretionary fund.

(c) Primary Airports. - (1) An amount apportioned to a sponsor of

a primary airport under section 47114(c)(1) of this title is

available for grants for any public-use airport of the sponsor

included in the national plan of integrated airport systems.

(2) A sponsor of a primary airport may make an agreement with the

Secretary of Transportation waiving any part of the amount

apportioned for the airport under section 47114(c)(1) of this title

if the Secretary makes the waived amount available for a grant for

another public-use airport in the same State or geographical area

as the primary airport.

(d) State Use. - An amount apportioned to a State under -

(1) section 47114(d)(2)(A) of this title is available for

grants for airports located in the State; and

(2) section 47114(d)(2)(B) or (C) of this title is available

for grants for airports described in section 47114(d)(2)(B) or

(C) and located in the State.

(e) Special Apportionment Categories. - (1) The Secretary shall

use amounts available to the discretionary fund under section 47115

of this title for each fiscal year as follows:

(A) At least 34 percent for grants for airport noise

compatibility planning under section 47505(a)(2) of this title

and for carrying out noise compatibility programs under section

47504(c) of this title. The Secretary may count the amount of

grants made for such planning and programs with funds apportioned

under section 47114 in that fiscal year in determining whether or

not such 34 percent requirement is being met in that fiscal year.

(B) at (!1) least 4 percent to sponsors of current or former

military airports designated by the Secretary under section

47118(a) of this title for grants for developing current and

former military airports to improve the capacity of the national

air transportation system and to sponsors of noncommercial

service airports for grants for operational and maintenance

expenses at any such airport if the amount of such grants to the

sponsor of the airport does not exceed $30,000 in that fiscal

year, if the Secretary determines that the airport is adversely

affected by the closure or realignment of a military base, and if

the sponsor of the airport certifies that the airport would

otherwise close if the airport does not receive the grant.

(C) In any fiscal year in which the total amount made available

under section 48103 is $3,200,000,000 or more, at least

two-thirds of 1 percent for grants to sponsors of reliever

airports which have -

(i) more than 75,000 annual operations;

(ii) a runway with a minimum usable landing distance of 5,000

feet;

(iii) a precision instrument landing procedure;

(iv) a minimum number of aircraft, to be determined by the

Secretary, based at the airport; and

(v) been designated by the Secretary as a reliever airport to

an airport with 20,000 hours of annual delays in commercial

passenger aircraft takeoffs and landings.

(2) If the Secretary decides that an amount required to be used

for grants under paragraph (1) of this subsection cannot be used

for a fiscal year because there are insufficient qualified grant

applications, the amount the Secretary determines cannot be used is

available during the fiscal year for grants for other airports or

for other purposes for which amounts are authorized for grants

under section 48103 of this title.

(3) Priority. - The Secretary shall give priority in making

grants under paragraph (1)(A) to applications for airport noise

compatibility planning and programs at and around -

(A) Chicago O'Hare International Airport;

(B) LaGuardia Airport;

(C) John F. Kennedy International Airport; and

(D) Ronald Reagan Washington National Airport.

(f) Discretionary Use of Apportionments. -

(1) In general. - Subject to paragraph (2), if the Secretary

finds that all or part of an amount of an apportionment under

section 47114 is not required during a fiscal year to fund a

grant for which the apportionment may be used, the Secretary may

use during such fiscal year the amount not so required to make

grants for any purpose for which grants may be made under section

48103. The finding may be based on the notifications that the

Secretary receives under section 47105(f) or on other information

received from airport sponsors.

(2) Restoration of apportionments. -

(A) In general. - If the fiscal year for which a finding is

made under paragraph (1) with respect to an apportionment is

not the last fiscal year of availability of the apportionment

under subsection (b), the Secretary shall restore to the

apportionment an amount equal to the amount of the

apportionment used under paragraph (1) for a discretionary

grant whenever a sufficient amount is made available under

section 48103.

(B) Period of availability. - If restoration under this

paragraph is made in the fiscal year for which the finding is

made or the succeeding fiscal year, the amount restored shall

be subject to the original period of availability of the

apportionment under subsection (b). If the restoration is made

thereafter, the amount restored shall remain available in

accordance with subsection (b) for the original period of

availability of the apportionment plus the number of fiscal

years during which a sufficient amount was not available for

the restoration.

(3) Newly available amounts. -

(A) Restored amounts to be unavailable for discretionary

grants. - Of an amount newly available under section 48103 of

this title, an amount equal to the amounts restored under

paragraph (2) shall not be available for discretionary grant

obligations under section 47115.

(B) Use of remaining amounts. - Subparagraph (A) does not

impair the Secretary's authority under paragraph (1), after a

restoration under paragraph (2), to apply all or part of a

restored amount that is not required to fund a grant under an

apportionment to fund discretionary grants.

(4) Limitations on obligations apply. - Nothing in this

subsection shall be construed to authorize the Secretary to incur

grant obligations under section 47104 for a fiscal year in an

amount greater than the amount made available under section 48103

for such obligations for such fiscal year.

(g) Limiting Authority of Secretary. - The authority of the

Secretary to make grants during a fiscal year from amounts that

were apportioned for a prior fiscal year and remain available for

approved airport development project grants under subsection (b) of

this section may be impaired only by a law enacted after September

3, 1982, that expressly limits that authority.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1271; Pub. L.

103-305, title I, Sec. 116(a), Aug. 23, 1994, 108 Stat. 1579; Pub.

L. 103-429, Sec. 6(68), Oct. 31, 1994, 108 Stat. 4387; Pub. L.

104-264, title I, Secs. 123, 124(d), Oct. 9, 1996, 110 Stat. 3219,

3220; Pub. L. 104-287, Sec. 5(82), Oct. 11, 1996, 110 Stat. 3397;

Pub. L. 105-102, Sec. 3(c)(1), (2), Nov. 20, 1997, 111 Stat. 2215;

Pub. L. 106-6, Sec. 7, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106-31,

title VI, Sec. 6002(d), May 21, 1999, 113 Stat. 113; Pub. L.

106-181, title I, Secs. 104(e)-(g), 129, title II, Sec. 231(f),

Apr. 5, 2000, 114 Stat. 70, 77, 114.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47117(a) 49 App.:2207(b)(1) Sept. 3, 1982, Pub. L.

(related to 97-248, Secs. 506(e)(4),

purposes for which 508(b), 96 Stat. 679, 681.

funds may be used).

49 App.:2207(c) Sept. 3, 1982, Pub. L.

(1st sentence 97-248, Sec. 508(c), 96

related to purposes Stat. 682; Dec. 30, 1987,

for which funds are Pub. L. 100-223, Sec.

available). 106(b)(2)(C), 101 Stat.

1498.

47117(b) 49 App.:2207(a). Sept. 3, 1982, Pub. L.

97-248, Sec. 508(a), 96

Stat. 681; Dec. 30, 1987,

Pub. L. 100-223, Sec.

106(b)(2)(A), (B), 101

Stat. 1497.

47117(c)(1) 49 App.:2207(b)(1)

(related to

airports at which

funds may be used).

47117(c)(2) 49 App.:2207(b)(2).

47117(d) 49 App.:2207(c)

(1st sentence

related to airports

at which funds are

available, last

sentence).

47117(e) 49 App.:2202(a)(11). Sept. 3, 1982, Pub. L.

97-248, Sec. 503(a)(11), 96

Stat. 673; Dec. 30, 1987,

Pub. L. 100-223, Sec.

103(c)(1), 101 Stat. 1488.

49 App.:2207(d). Sept. 3, 1982, Pub. L.

97-248, Sec. 508(d), 96

Stat. 682; Dec. 30, 1987,

Pub. L. 100-223, Secs.

106(b)(2)(D), 107, 101

Stat. 1498; Nov. 5, 1990,

Pub. L. 101-508, Sec.

9109(b), 104 Stat.

1388-356; Oct. 31, 1992,

Pub. L. 102-581, Secs.

107(a), 108, 106 Stat.

4878, 4879.

47117(f) 49 Sept. 3, 1982, Pub. L.

App.:2206(b)(5)(D). 97-248, Sec. 507(b)(5)(D),

96 Stat. 679; Jan. 6, 1983,

Pub. L. 97-424, Sec.

426(a), (d), 96 Stat. 2167,

2168; restated Dec. 30,

1987, Pub. L. 100-223, Sec.

106(a), 101 Stat. 1496.

47117(g) 49 App.:2207(e)(1). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

508(e)(1); added Oct. 2,

1982, Pub. L. 97-276, Sec.

167, 96 Stat. 1204; Dec.

30, 1987, Pub. L. 100-223,

Sec. 106(b)(2)(E), 101

Stat. 1498.

49 App.:2207(e)(2). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

508(e)(2); added Oct. 2,

1982, Pub. L. 97-276, Sec.

167, 96 Stat. 1205.

47117(h) 49 App.:2205(e)(4).

--------------------------------------------------------------------

In subsection (b), the words "for grants" are added, and the word

"apportioned" is substituted for "first authorized to be

obligated", for clarity. The words "established by section 2206(c)

of this Appendix" are omitted as surplus.

In subsection (c)(2), the word "if" is substituted for "on the

condition that" to eliminate unnecessary words. The word "in" is

substituted for "which is a part of" for clarity.

Subsection (d) is substituted for 49 App.:2207(c) (1st sentence

related to airports at which funds are available) for clarity. The

text of 49 App.:2207(c) (last sentence) is omitted as surplus

because of section 47105(a) of the revised title.

In subsection (e)(1), the words "The Secretary shall use . . .

(A) . . . for grants . . . (B) . . . for grants . . . (C) . . . for

grants . . . (D) . . . for . . . grants . . . (E) . . . for grants"

are substituted for "shall be distributed" and "shall be obligated"

for clarity and consistency in the revised title. Clause (C)(ii) is

substituted for 49 App.:2207(d)(3)(B) and (C) to eliminate

unnecessary words. In clause (E), the references to fiscal years

1991 and 1992 are omitted as obsolete.

In subsection (e)(2), the words "for each fiscal year" are

omitted as surplus.

In subsection (e)(3), the words "an amount required to be used

for grants under paragraph (1) of this subsection cannot be used"

are substituted for "he will not be able to distribute the amount

of funds required to be distributed under paragraph (1), (2), (3),

or (4) of this subsection" for consistency. The words "submitted in

compliance with this chapter" are omitted as surplus. The words

"cannot be used" are substituted for "will not be distributed" for

consistency. The words "for which amounts are" are added for

clarity and consistency in this chapter.

Subsection (f) is substituted for 49 App.:2206(b)(5)(D) for

clarity and consistency in the revised title.

In subsection (g)(1), the words "and (3)" are omitted because 49

App.:2207(e)(3) has expired. The words "at his discretion" are

omitted as surplus.

In subsection (g)(2)(A), the words "made available" are

substituted for "authorized" for clarity.

In subsection (h), the words "to make grants" are substituted for

"to obligate to an airport by grant agreement" for consistency in

the revised title and to eliminate unnecessary words. The words

"the unobligated balance of" are omitted as surplus. The words

"limits that authority" are substituted for "limits the application

of this paragraph" for clarity. The words "in addition to the

amounts authorized for that fiscal year by section 2204 of this

Appendix" are omitted as surplus.

PUB. L. 103-429

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47117(e) 49 App.:2207(d). Sept. 3, 1982, Pub. L.

97-248, Sec. 508(d), as

amended May 26, 1994, Pub.

L. 103-260, Sec. 105, 108

Stat. 699.

--------------------------------------------------------------------

PUB. L. 104-287, SEC. 5(82)(A)

This amends 49:47117(e)(1)(B) because of the redesignation of

49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and (D) by section

6(71)(C) of the Act of October 31, 1994 (Public Law 103-429, 108

Stat. 4387).

PUB. L. 104-287, SEC. 5(82)(B)

This amends 49:47117(g)(1) because of the redesignation of

49:47105(e) as 49:47105(f) by section 107(a)(1) of the Federal

Aviation Administration Authorization Act of 1994 (Public Law

103-305, 108 Stat. 1572).

AMENDMENTS

2000 - Subsec. (e)(1)(A). Pub. L. 106-181, Sec. 104(e),

substituted "34 percent" for "31 percent" in two places.

Subsec. (e)(1)(C). Pub. L. 106-181, Sec. 104(f), added subpar.

(C).

Subsec. (e)(3). Pub. L. 106-181, Sec. 231(f), added par. (3).

Subsec. (f). Pub. L. 106-181, Sec. 129, amended subsec. (f)

generally. Prior to amendment, subsec. (f) read as follows:

"(f) Discretionary Use of Apportionments. - (1) Subject to

paragraph (2) of this subsection, if the Secretary finds, based on

the notices the Secretary receives under section 47105(f) of this

title or otherwise, that an amount apportioned under section 47114

of this title will not be used for grants during a fiscal year, the

Secretary may use an equal amount for grants during that fiscal

year for any of the purposes for which amounts are authorized for

grants under section 48103 of this title.

"(2) The Secretary may make a grant under paragraph (1) of this

subsection only if the Secretary decides that -

"(A) the total amount used for grants for the fiscal year under

section 48103 of this title will not be more than the amount made

available under section 48103 for that fiscal year; and

"(B) the amounts authorized for grants under section 48103 of

this title for later fiscal years are sufficient for grants of

the apportioned amounts that were not used for grants under the

apportionment during the fiscal year and that remain available

under subsection (b) of this section."

Pub. L. 106-181, Sec. 104(g), redesignated subsec. (g) as (f) and

struck out heading and text of former subsec. (f). Text read as

follows: "The Secretary may not make a grant for a commercial

service airport in Alaska of more than 110 percent of the amount

apportioned for the airport for a fiscal year under section

47114(e) of this title."

Subsecs. (g), (h). Pub. L. 106-181, Sec. 104(g), redesignated

subsecs. (g) and (h) as (f) and (g), respectively.

1999 - Subsec. (e)(1)(B). Pub. L. 106-31 struck out "for each of

fiscal years 1997 and 1998" after "4 percent".

Pub. L. 106-6 made amendment identical to that made by Pub. L.

105-102, Sec. 3(c)(2). See 1997 Amendment note below.

1997 - Subsec. (e)(1)(A). Pub. L. 105-102, Sec. 3(c)(1)(B), added

Pub. L. 104-264, Sec. 123(d). See 1996 Amendment note below.

Subsec. (e)(1)(B). Pub. L. 105-102, Sec. 3(c)(2), repealed Pub.

L. 104-264, Sec. 124(d). See 1996 Amendment note below.

Pub. L. 105-102, Sec. 3(c)(1)(A), amended Pub. L. 104-264, Sec.

123(b)(6). See 1996 Amendment note below.

1996 - Subsec. (b). Pub. L. 104-264, Sec. 123(a), inserted "or

the 3 fiscal years immediately following that year in the case of a

primary airport that had less than .05 percent of the total

boardings in the United States in the preceding calendar year"

before period at end of first sentence.

Subsec. (e)(1). Pub. L. 104-264, Sec. 123(b)(1), substituted

"available to the discretionary fund under section 47115" for "made

available under section 48103" in introductory provisions.

Subsec. (e)(1)(A). Pub. L. 104-264, Sec. 123(d), as added by Pub.

L. 105-102, Sec. 3(c)(1)(B), substituted "47504(c)" for

"47504(c)(1)".

Pub. L. 104-264, Sec. 123(b)(4), (5), substituted "At least 31"

for "at least 12.5" and inserted at end "The Secretary may count

the amount of grants made for such planning and programs with funds

apportioned under section 47114 in that fiscal year in determining

whether or not such 31 percent requirement is being met in that

fiscal year."

Pub. L. 104-264, Sec. 123(b)(2), (3), redesignated subpar. (B) as

(A) and struck out former subpar. (A) which read as follows: "at

least 5 percent for grants for reliever airports."

Subsec. (e)(1)(B). Pub. L. 104-287, Sec. 5(82)(A), which directed

the amendment of subpar. (B) by substituting "47504(c)" for

"47504(c)(1)", could not be executed because "47504(c)(1)" did not

appear in text of subpar. (B) subsequent to amendment by Pub. L.

104-264. See below.

Pub. L. 104-264, Sec. 124(d), which directed the amendment of

subpar. (B) by substituting "1996, 1997, and 1998" for "and 1996,",

was repealed by Pub. L. 105-102, Sec. 3(c)(2).

Pub. L. 104-264, Sec. 123(b)(6), as amended by Pub. L. 105-102,

Sec. 3(c)(1)(A), substituted "at least 4 percent for each of fiscal

years 1997 and 1998" for "at least 2.25 percent for the fiscal year

ending September 30, 1993, and at least 2.5 percent for each of the

fiscal years ending September 30, 1994, 1995, and 1996,".

Pub. L. 104-264, Sec. 123(b)(3), (7), redesignated subpar. (E) as

(B) and inserted before period at end "and to sponsors of

noncommercial service airports for grants for operational and

maintenance expenses at any such airport if the amount of such

grants to the sponsor of the airport does not exceed $30,000 in

that fiscal year, if the Secretary determines that the airport is

adversely affected by the closure or realignment of a military

base, and if the sponsor of the airport certifies that the airport

would otherwise close if the airport does not receive the grant".

Former subpar. (B) redesignated (A).

Subsec. (e)(1)(C), (D). Pub. L. 104-264, Sec. 123(b)(2), struck

out subpars. (C) and (D) which read as follows:

"(C) at least 1.5 percent for grants for -

"(i) nonprimary commercial service airports; and

"(ii) public airports (except commercial service airports) that

were eligible for United States Government assistance from

amounts apportioned under section 15(a)(3) of the Airport and

Airway Development Act of 1970, and to which section

15(a)(3)(A)(I) or (II) of the Act applied during the fiscal year

that ended September 30, 1981.

"(D) at least .75 percent for integrated airport system planning

grants to planning agencies designated by the Secretary and

authorized by the laws of a State or political subdivision of a

State to do planning for an area of the State or subdivision in

which a grant under this chapter is to be used."

Subsec. (e)(1)(E). Pub. L. 104-264, Sec. 123(b)(3), redesignated

subpar. (E) as (B).

Subsec. (e)(2), (3). Pub. L. 104-264, Sec. 123(c), redesignated

par. (3) as (2) and struck out former par. (2) which read as

follows: "A grant from the amount apportioned under section

47114(e) of this title may not be included as part of the 1.5

percent required to be used for grants under paragraph (1)(C) of

this subsection."

Subsec. (g)(1). Pub. L. 104-287, Sec. 5(82)(B), substituted

"47105(f)" for "47105(e)".

1994 - Subsec. (e)(1)(A). Pub. L. 103-429, Sec. 6(68)(A),

substituted "5 percent" for "10 percent".

Subsec. (e)(1)(C). Pub. L. 103-429, Sec. 6(68)(B), substituted

"1.5 percent" for "2.5 percent" in introductory provisions.

Subsec. (e)(1)(D). Pub. L. 103-429, Sec. 6(68)(C), substituted

".75 percent" for ".5 percent".

Subsec. (e)(1)(E). Pub. L. 103-305 substituted ", 1995, and 1996"

for ", and 1995".

Subsec. (e)(2). Pub. L. 103-429, Sec. 6(68)(D), substituted "1.5

percent" for "2.5 percent".

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105-102, Sec. 3(c), Nov. 20, 1997, 111 Stat. 2215,

provided that the amendment made by section 3(c)(1)(B) is effective

Oct. 9, 1996.

Amendment by Pub. L. 105-102 effective as if included in the

provisions of the Act to which the amendment relates, see section

3(f) of Pub. L. 105-102, set out as a note under section 106 of

this title.

EFFECTIVE DATE OF 1996 AMENDMENTS

Section 8(2) of Pub. L. 104-287, as amended by Pub. L. 105-102,

Sec. 3(d)(2)(B), Nov. 20, 1997, 111 Stat. 2215, provided that: "The

amendments made by section 5(81)(B), (82)(A), and (83)(A) [amending

this section and sections 47115 and 47118 of this title] shall take

effect on September 30, 1998."

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47104, 47115, 47118 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

-End-

-CITE-

49 USC Sec. 47118 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47118. Designating current and former military airports

-STATUTE-

(a) General Requirements. - The Secretary of Transportation shall

designate current or former military airports for which grants may

be made under section 47117(e)(1)(B) of this title. The maximum

number of airports bearing such designation at any time is 15. The

Secretary may only so designate an airport (other than an airport

so designated before August 24, 1994) if -

(1) the airport is a former military installation closed or

realigned under -

(A) section 2687 of title 10;

(B) section 201 of the Defense Authorization Amendments and

Base Closure and Realignment Act (10 U.S.C. 2687 note); or

(C) section 2905 of the Defense Base Closure and Realignment

Act of 1990 (10 U.S.C. 2687 note); or

(2) the airport is a military installation with both military

and civil aircraft operations.

(b) Survey. - Not later than September 30, 1991, the Secretary

shall complete a survey of current and former military airports to

identify which airports have the greatest potential to improve the

capacity of the national air transportation system. The survey

shall identify the capital development needs of those airports to

make them part of the system and which of those qualify for grants

under section 47104 of this title.

(c) Considerations. - In carrying out this section, the Secretary

shall consider only current or former military airports for

designation under this section if a grant under section

47117(e)(1)(B) would -

(1) reduce delays at an airport with more than 20,000 hours of

annual delays in commercial passenger aircraft takeoffs and

landings; or

(2) enhance airport and air traffic control system capacity in

a metropolitan area or reduce current and projected flight

delays.

(d) Grants. - Grants under section 47117(e)(1)(B) of this title

may be made for an airport designated under subsection (a) of this

section for the 5 fiscal years following the designation, and for

subsequent periods, each not to exceed 5 fiscal years, if the

Secretary determines that the airport satisfies the designation

criteria under subsection (a) at the beginning of each such

subsequent period.

(e) Terminal Building Facilities. - Not more than $7,000,000 for

each airport from amounts the Secretary distributes under section

47115 of this title for a fiscal year is available to the sponsor

of a current or former military airport the Secretary designates

under this section to construct, improve, or repair a terminal

building facility, including terminal gates used for revenue

passengers getting on or off aircraft. A gate constructed,

improved, or repaired under this subsection -

(1) may not be leased for more than 10 years; and

(2) is not subject to majority in interest clauses.

(f) Parking Lots, Fuel Farms, Utilities, Hangars, and Air Cargo

Terminals. - Not more than a total of $7,000,000 for each airport

from amounts the Secretary distributes under section 47115 of this

title for fiscal years beginning after September 30, 1992, is

available to the sponsor of a current or former military airport

the Secretary designates under this section to construct, improve,

or repair airport surface parking lots, fuel farms, utilities, and

hangars and air cargo terminals of an area that is 50,000 square

feet or less.

(g) Designation of General Aviation Airport. - Notwithstanding

any other provision of this section, one of the airports bearing a

designation under subsection (a) may be a general aviation airport

that was a former military installation closed or realigned under a

section referred to in subsection (a)(1).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1273; Pub. L.

103-305, title I, Sec. 116(b)-(d), Aug. 23, 1994, 108 Stat. 1579;

Pub. L. 104-264, title I, Sec. 124(a)-(c), Oct. 9, 1996, 110 Stat.

3219, 3220; Pub. L. 104-287, Sec. 5(83), Oct. 11, 1996, 110 Stat.

3397; Pub. L. 106-181, title I, Sec. 130, Apr. 5, 2000, 114 Stat.

78.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47118(a) 49 App.:2207(f)(1). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

508(f)(1); added Nov. 5,

1990, Pub. L. 101-508, Sec.

9109(c), 104 Stat. 1388-356;

Oct. 31, 1992, Pub. L.

102-581, Sec. 107(b), 106

Stat. 4878.

47118(b) 49 App.:2207(f)(2). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

508(f)(2)-(5); added Nov. 5,

1990, Pub. L. 101-508, Sec.

9109(c), 104 Stat. 1388-356.

47118(c) 49 App.:2207(f)(3).

47118(d) 49 App.:2207(f)(4).

47118(e) 49 App.:2207(f)(5).

47118(f) 49 App.:2207(f)(6). Sept. 3, 1982, Pub. L.

97-248, 96 Stat. 324, Sec.

508(f)(6); added Oct. 31,

1992, Pub. L. 102-581, Sec.

107(c)(1), 106 Stat. 4878.

--------------------------------------------------------------------

In subsection (d), the word "Grants" is substituted for "to

participate in the program", and the word "grants" is substituted

for "participation in the program", for clarity and consistency and

to eliminate unnecessary words.

In subsection (e), before clause (1), the words "at the

discretion" and "with Federal funding" are omitted as surplus.

PUB. L. 104-287, SEC. 5(83)(A)

This sets out the date of enactment of 49:47118(a) (last

sentence).

PUB. L. 104-287, SEC. 5(83)(B)

This makes a clarifying amendment to 49:47118(e) because

49:47109(c) was struck by section 114(b) of the Federal Aviation

Administration Authorization Act of 1994 (Public Law 103-305, 108

Stat. 1579).

-REFTEXT-

REFERENCES IN TEXT

Section 201 of the Defense Authorization Amendments and Base

Closure and Realignment Act, referred to in subsec. (a)(1)(B), is

section 201 of Pub. L. 100-526, which is set out in a note under

section 2687 of Title 10, Armed Forces.

Section 2905 of the Defense Base Closure and Realignment Act of

1990, referred to in subsec. (a)(1)(C), is section 2905 of Pub. L.

101-510, which is set out in a note under section 2687 of Title 10.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-181, Sec. 130(a)(1)(A),

substituted "15" for "12" in introductory provisions.

Subsec. (a)(2). Pub. L. 106-181, Sec. 130(a)(1)(B), added par.

(2) and struck out former par. (2) which read as follows: "the

Secretary finds that such grants would -

"(A) reduce delays at an airport with more than 20,000 hours of

annual delays in commercial passenger aircraft takeoffs and

landings; or

"(B) enhance airport and air traffic control system capacity in

a metropolitan area or reduce current and projected flight

delays."

Subsec. (c). Pub. L. 106-181, Sec. 130(a)(2), added subsec. (c)

and struck out heading and text of former subsec. (c). Text read as

follows: "In carrying out this section, the Secretary shall

consider only current or former military airports that, when at

least partly converted to civilian commercial or reliever airports

as part of the national air transportation system, will enhance

airport and air traffic control system capacity in major

metropolitan areas and reduce current and projected flight delays."

Subsec. (d). Pub. L. 106-181, Sec. 130(a)(3), substituted

"47117(e)(1)(B)" for "47117(e)(1)(E)", "periods, each not to exceed

5 fiscal years," for "5-fiscal-year periods", and "each such

subsequent period" for "each such subsequent 5-fiscal-year period".

Subsec. (e). Pub. L. 106-181, Sec. 130(b), substituted

"$7,000,000" for "$5,000,000".

Subsec. (f). Pub. L. 106-181, Sec. 130(c), in heading,

substituted "Hangars, and Air Cargo Terminals" for "and Hangars"

and, in text, substituted "$7,000,000" for "$4,000,000" and

inserted "and air cargo terminals of an area that is 50,000 square

feet or less" before period at end.

Subsec. (g). Pub. L. 106-181, Sec. 130(a)(4), added subsec. (g).

1996 - Subsec. (a). Pub. L. 104-287, Sec. 5(83)(A), which

directed amendment of subsec. (a) by substituting "before August

24, 1994" for "on or before the date of the enactment of this

sentence", could not be executed because the phrase to be amended

did not appear subsequent to amendment by Pub. L. 104-264, Sec.

124(a). See below.

Pub. L. 104-264, Sec. 124(a), amended subsec. (a) generally.

Prior to amendment, subsec. (a) read as follows:

"(a) General Requirements. - The Secretary of Transportation

shall designate not more than 15 current or former military

airports for which grants may be made under section 47117(e)(1)(E)

of this title. The Secretary may only designate an airport for such

grants (other than an airport designated for such grants on or

before the date of the enactment of this sentence) if the Secretary

finds that grants under such section for projects at such airport

would reduce delays at an airport with more than 20,000 hours of

annual delays in commercial passenger aircraft takeoffs and

landings."

Subsec. (d). Pub. L. 104-264, Sec. 124(b), substituted

"designation, and for subsequent 5-fiscal-year periods if the

Secretary determines that the airport satisfies the designation

criteria under subsection (a) at the beginning of each such

subsequent 5-fiscal-year period." for "designation."

Subsec. (e). Pub. L. 104-287, Sec. 5(83)(B), substituted "Not"

for "Notwithstanding section 47109(c) of this title, not".

Subsec. (f). Pub. L. 104-264, Sec. 124(c), amended subsec. (f) by

substituting "Utilities, and Hangars" for "and Utilities" in

heading and "for fiscal years beginning after September 30, 1992,"

for "for the fiscal years ending September 30, 1993-1996," and

"utilities, and hangars" for "and utilities" in text.

1994 - Subsec. (a). Pub. L. 103-305, Sec. 116(b), substituted

"15" for "12" and inserted at end "The Secretary may only designate

an airport for such grants (other than an airport designated for

such grants on or before the date of the enactment of this

sentence) if the Secretary finds that grants under such section for

projects at such airport would reduce delays at an airport with

more than 20,000 hours of annual delays in commercial passenger

aircraft takeoffs and landings."

Subsec. (d). Pub. L. 103-305, Sec. 116(c), struck out at end "If

an airport does not have a level of passengers getting on aircraft

during that 5-year period that qualifies the airport as a small hub

airport (as defined on January 1, 1990) or reliever airport, the

Secretary may redesignate the airport for grants for additional

fiscal years that the Secretary decides."

Subsec. (f). Pub. L. 103-305, Sec. 116(d), substituted "September

30, 1993-1996" for "September 30, 1993-1995".

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1996 AMENDMENTS

Amendment by section 5(83)(A) of Pub. L. 104-287 effective Sept.

30, 1998, see section 8(2) of Pub. L. 104-287, as amended, set out

as a note under section 47117 of this title.

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47110, 47117 of this

title.

-End-

-CITE-

49 USC Sec. 47119 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47119. Terminal development costs

-STATUTE-

(a) Repaying Borrowed Money. - An amount apportioned under

section 47114 of this title and made available to the sponsor of an

air carrier airport at which terminal development was carried out

after June 30, 1970, and before July 12, 1976, or, in the case of a

commercial service airport which annually had less than 0.05

percent of the total enplanements in the United States, between

January 1, 1992, and October 31, 1992, is available to repay

immediately money borrowed and used to pay the costs for terminal

development at the airport, if those costs would be allowable

project costs under section 47110(d) of this title if they had been

incurred after September 3, 1982. An amount is available for a

grant under this subsection -

(1) only if -

(A) the sponsor submits the certification required under

section 47110(d) of this title;

(B) the Secretary of Transportation decides that using the

amount to repay the borrowed money will not defer an airport

development project outside the terminal area at that airport;

and

(C) amounts available for airport development under this

subchapter will not be used for additional terminal development

projects at the airport for at least 3 years beginning on the

date the grant is used to repay the borrowed money; and

(2) subject to the limitations in subsection (b)(1) and (2) of

this section.

(b) Availability of Amounts. - In a fiscal year, the Secretary

may make available -

(1) to a sponsor of a primary airport, any part of amounts

apportioned to the sponsor for the fiscal year under section

47114(c)(1) of this title to pay project costs allowable under

section 47110(d) of this title;

(2) on approval of the Secretary, not more than $200,000 of the

amount that may be distributed for the fiscal year from the

discretionary fund established under section 47115 of this title

-

(A) to a sponsor of a nonprimary commercial service airport

to pay project costs allowable under section 47110(d) of this

title; and

(B) to a sponsor of a reliever airport for the types of

project costs allowable under section 47110(d), including

project costs allowable for a commercial service airport that

each year does not have more than .05 percent of the total

boardings in the United States;

(3) for use by a primary airport that each year does not have

more than .05 percent of the total boardings in the United

States, any part of amounts that may be distributed for the

fiscal year from the discretionary fund and small airport fund to

pay project costs allowable under section 47110(d) of this title;

or

(4) not more than $25,000,000 to pay project costs allowable

for the fiscal year under section 47110(d) of this title for

projects at commercial service airports that were not eligible

for assistance for terminal development during the fiscal year

ending September 30, 1980, under section 20(b) of the Airport and

Airway Development Act of 1970.

(c) Nonhub Airports. - With respect to a project at a commercial

service airport which annually has less than 0.05 percent of the

total enplanements in the United States, the Secretary may approve

the use of the amounts described in subsection (a) notwithstanding

the requirements of sections 47107(a)(17), 47112, and 47113.

(d) Determination of Passenger Boarding at Commercial Service

Airports. - For the purpose of determining whether an amount may be

distributed for a fiscal year from the discretionary fund in

accordance with subsection (b)(2)(A) to a commercial service

airport, the Secretary shall make the determination of whether or

not a public airport is a commercial service airport on the basis

of the number of passenger boardings and type of air service at the

public airport in the calendar year that includes the first day of

such fiscal year or the preceding calendar year, whichever is more

beneficial to the airport.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1274; Pub. L.

103-305, title I, Sec. 117, Aug. 23, 1994, 108 Stat. 1579; Pub. L.

103-429, Sec. 6(69), Oct. 31, 1994, 108 Stat. 4387; Pub. L.

106-181, title I, Sec. 152(b), Apr. 5, 2000, 114 Stat. 87.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47119(a) 49 App.:2212(b)(4). Sept. 3, 1982, Pub. L.

97-248, Sec. 513(b)(4), 96

Stat. 690; Dec. 30, 1987,

Pub. L. 100-223, Sec.

106(b)(5)(B), 101 Stat. 1498.

47119(b) 49 App.:2212(b)(2). Sept. 3, 1982, Pub. L.

97-248, Sec. 513(b)(2), 96

Stat. 690; Dec. 30, 1987,

Pub. L. 100-223, Secs.

106(b)(5)(A), 111(a)(1), 101

Stat. 1498, 1503.

49 App.:2212(b)(3). Sept. 3, 1982, Pub. L.

97-248, Sec. 513(b)(3), 96

Stat. 690.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "(within the

meaning of section 11(1) of the Airport and Airway Development Act

of 1970 [49 App. U.S.C. 1711(1)] as in effect immediately before

September 3, 1982)" are omitted because of the definition of "air

carrier airport" in section 47102 of the revised title. The words

"after June 30, 1970" are substituted for "on or after July 1,

1970" for consistency in the revised title and with other titles of

the United States Code and to eliminate unnecessary words. The

words "to repay immediately money borrowed and used to pay the

costs for terminal development at the airport, if those costs would

be allowable project costs under section 47110(d) of this title"

are substituted for "for the immediate retirement of the principal

of bonds or other evidences of indebtedness the proceeds of which

were used for that part of the terminal development at such airport

the cost of which would be allowable under paragraph (1) of this

subsection" for clarity and to eliminate unnecessary words.

In subsection (b), before clause (1), the words "In a fiscal

year" are added for clarity. In clause (2), the words "from the

discretionary fund" are substituted for "sums to be distributed at

the discretion of the Secretary under section 2206(c) of this

Appendix" for clarity and consistency in this chapter. In clause

(3), the words "for projects" are added for clarity.

PUB. L. 103-429

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47119(b) 49 App.:2212(b)(2). Sept. 3, 1982, Pub. L.

97-248, Sec. 513(b)(2), as

amended May 26, 1994, Pub.

L. 103-260, Sec. 107, 108

Stat. 700.

--------------------------------------------------------------------

In subsection (b)(3), the words "from the discretionary fund and

small airport fund" are substituted for "sums to be distributed at

the discretion of the Secretary under section 2206(c) and 2206(d)

of this Appendix" for clarity and consistency in this chapter.

-REFTEXT-

REFERENCES IN TEXT

Section 20(b) of the Airport and Airway Development Act of 1970,

referred to in subsec. (b)(4), is section 20(b) of Pub. L. 91-258,

which was classified to section 1720(b) of former Title 49,

Transportation, prior to repeal by Pub. L. 97-248, title V, Sec.

523(a), Sept. 3, 1982, 96 Stat. 695.

-MISC2-

AMENDMENTS

2000 - Subsec. (d). Pub. L. 106-181 added subsec. (d).

1994 - Subsec. (a). Pub. L. 103-305, Sec. 117(1), inserted "or,

in the case of a commercial service airport which annually had less

than 0.05 percent of the total enplanements in the United States,

between January 1, 1992, and October 31, 1992," after "July 12,

1976,".

Subsec. (b)(2). Pub. L. 103-429, Sec. 6(69)(B), added par. (2)

and struck out former par. (2) which read as follows: "to a sponsor

of a nonprimary commercial service airport, not more than $200,000

of the amount that may be distributed for the fiscal year from the

discretionary fund to pay project costs allowable under section

47110(d) of this title; or".

Subsec. (b)(3). Pub. L. 103-429, Sec. 6(69)(B), added par. (3).

Former par. (3) redesignated (4).

Subsec. (b)(4). Pub. L. 103-429, Sec. 6(69)(A), redesignated par.

(3) as (4).

Subsec. (c). Pub. L. 103-305, Sec. 117(2), added subsec. (c).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

-End-

-CITE-

49 USC Sec. 47120 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47120. Grant priority

-STATUTE-

(a) In General. - In making a grant under this subchapter, the

Secretary of Transportation may give priority to a project that is

consistent with an integrated airport system plan.

(b) Discretionary Funding To Be Used for Higher Priority

Projects. - The Administrator of the Federal Aviation

Administration shall discourage airport sponsors and airports from

using entitlement funds for lower priority projects by giving lower

priority to discretionary projects submitted by airport sponsors

and airports that have used entitlement funds for projects that

have a lower priority than the projects for which discretionary

funds are being requested.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1274; Pub. L.

106-181, title I, Sec. 162, Apr. 5, 2000, 114 Stat. 91.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47120 49 App.:2208(b)(9). Sept. 3, 1982, Pub. L.

97-248, Sec. 509(b)(9), 96

Stat. 685.

--------------------------------------------------------------------

The words "In making a grant under this subchapter" are

substituted for "In establishing priorities for distribution of

funds available pursuant to section 2206 of this Appendix" for

consistency in this chapter and to eliminate unnecessary words.

AMENDMENTS

2000 - Pub. L. 106-181 designated existing provisions as subsec.

(a), inserted heading, and added subsec. (b).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

-End-

-CITE-

49 USC Sec. 47121 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47121. Records and audits

-STATUTE-

(a) Records. - A sponsor shall keep the records the Secretary of

Transportation requires. The Secretary may require records -

(1) that disclose -

(A) the amount and disposition by the sponsor of the proceeds

of the grant;

(B) the total cost of the plan or program for which the grant

is given or used; and

(C) the amounts and kinds of costs of the plan or program

provided by other sources; and

(2) that make it easier to carry out an audit.

(b) Audits and Examinations. - The Secretary and the Comptroller

General may audit and examine records of a sponsor that are related

to a grant made under this subchapter.

(c) Authority of Comptroller General. - When an independent audit

is made of the accounts of a sponsor under this subchapter related

to the disposition of the proceeds of the grant or related to the

plan or program for which the grant was given or used, the sponsor

shall submit a certified copy of the audit to the Secretary not

more than 6 months after the end of the fiscal year for which the

audit was made. The Comptroller General may report to Congress

describing the results of each audit conducted or reviewed by the

Comptroller General under this section during the prior fiscal

year.

(d) Audit Requirement. - The Secretary may require a sponsor to

conduct an appropriate audit as a condition for receiving a grant

under this subchapter.

(e) Annual Review. - The Secretary shall review annually the

recordkeeping and reporting requirements under this subchapter to

ensure that they are the minimum necessary to carry out this

subchapter.

(f) Withholding Information From Congress. - This section does

not authorize the Secretary or the Comptroller General to withhold

information from a committee of Congress authorized to have the

information.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1274; Pub. L.

104-316, title I, Sec. 127(f), Oct. 19, 1996, 110 Stat. 3840.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47121(a) 49 App.:2217(a) Sept. 3, 1982, Pub. L.

(1st sentence). 97-248, Sec. 518, 96 Stat.

693.

47121(b) 49 App.:2217(b)

(1st sentence).

47121(c) 49 App.:2217(c).

47121(d) 49 App.:2217(b)

(last sentence).

47121(e) 49 App.:2217(a)

(last sentence).

47121(f) 49 App.:2217(d).

--------------------------------------------------------------------

In subsections (a)-(d), the word "sponsor" is substituted for

"recipient of a grant under this chapter" and "recipient" for

clarity.

In subsection (a), before clause (1), the words "The Secretary

may require records" are substituted for "including records" for

clarity. In clause (1), before subclause (A), the word "fully" is

omitted as surplus.

In subsection (b), the words "or any of their duly authorized

representatives" are omitted as surplus because of 49:322(b) and

31:711. The words "may audit and examine" are substituted for

"shall have access for the purpose of audit and examination" to

eliminate unnecessary words. The words "books, documents, papers"

are omitted as being included in "records".

In subsection (e), the words "minimum necessary to carry out" are

substituted for "that such requirements are kept to the minimum

level necessary for the proper administration of" to eliminate

unnecessary words.

In subsection (f), the words "or any officer or employee under

the control of either of them" are omitted as surplus because of

49:322(b) and 31:711.

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-316, in first sentence,

substituted "Secretary" for "Comptroller General", in second

sentence, substituted "The Comptroller General may" for "Not later

than April 15 of each year, the Comptroller General shall", and

struck out at end "The Comptroller General shall prescribe

regulations necessary to carry out this subsection."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 47110 of this title.

-End-

-CITE-

49 USC Sec. 47122 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47122. Administrative

-STATUTE-

(a) General. - The Secretary of Transportation may take action

the Secretary considers necessary to carry out this subchapter,

including conducting investigations and public hearings,

prescribing regulations and procedures, and issuing orders.

(b) Conducting Investigations and Public Hearings. - In

conducting an investigation or public hearing under this

subchapter, the Secretary has the same authority the Secretary has

under section 46104 of this title. An action of the Secretary in

exercising that authority is governed by the procedures specified

in section 46104 and shall be enforced as provided in section

46104.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1275.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47122(a) 49 App.:2218(a). Sept. 3, 1982, Pub. L.

97-248, Sec. 519(a), 96

Stat. 694; Dec. 30, 1987,

Pub. L. 100-223, Sec.

112(1), 101 Stat. 1504.

47122(b) 49 App.:1354(c) Aug. 23, 1958, Pub. L.

(related to Airport 85-726, Sec. 313(c) (related

and Airway to Airport and Airway

Improvement Act of Improvement Act of 1982), 72

1982). Stat. 753; Sept. 3, 1982,

Pub. L. 97-248, Sec.

524(a)(2), 96 Stat. 696.

--------------------------------------------------------------------

Subsection (a) is substituted for 49 App.:2218(a) to eliminate

unnecessary words.

-End-

-CITE-

49 USC Sec. 47123 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47123. Nondiscrimination

-STATUTE-

The Secretary of Transportation shall take affirmative action to

ensure that an individual is not excluded because of race, creed,

color, national origin, or sex from participating in an activity

carried out with money received under a grant under this

subchapter. The Secretary shall prescribe regulations necessary to

carry out this section. The regulations shall be similar to those

in effect under title VI of the Civil Rights Act of 1964 (42 U.S.C.

2000d et seq.). This section is in addition to title VI of the Act.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1275.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47123 49 App.:2219. Sept. 3, 1982, Pub. L.

97-248, Sec. 520, 96 Stat.

694.

--------------------------------------------------------------------

The words "as the Secretary deems" and "the purposes of" are

omitted as surplus. The words "The regulations shall be similar to

those in effect under" are substituted for "and may enforce this

section, and any rules promulgated under this section, through

agency and department provisions and rules which shall be similar

to those established and in effect under" for clarity and to

eliminate unnecessary words and because "rules" and "regulations"

are synonymous. The words "The provisions of . . . and not in lieu

of the provisions of" are omitted as surplus. The word "is" is

substituted for "shall be considered to be" to eliminate

unnecessary words.

-REFTEXT-

REFERENCES IN TEXT

The Civil Rights Act of 1964, referred to in text, is Pub. L.

88-352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act

is classified generally to subchapter V (Sec. 2000d et seq.) of

chapter 21 of Title 42, The Public Health and Welfare. For complete

classification of this Act to the Code, see Short Title note set

out under section 2000a of Title 42 and Tables.

-End-

-CITE-

49 USC Sec. 47124 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47124. Agreements for State and local operation of airport

facilities

-STATUTE-

(a) Government Relief From Liability. - The Secretary of

Transportation shall ensure that an agreement under this subchapter

with a State or a political subdivision of a State to allow the

State or subdivision to operate an airport facility in the State or

subdivision relieves the United States Government from any

liability arising out of, or related to, acts or omissions of

employees of the State or subdivision in operating the airport

facility.

(b) Air Traffic Control Contract Program. - (1) The Secretary

shall continue the low activity (Visual Flight Rules) level I air

traffic control tower contract program established under subsection

(a) of this section for towers existing on December 30, 1987, and

extend the program to other towers as practicable.

(2) The Secretary may make a contract, on a sole source basis,

with a State or a political subdivision of a State to allow the

State or subdivision to operate an airport traffic control tower

classified as a level I (Visual Flight Rules) tower if the

Secretary decides that the State or subdivision has the capability

to comply with the requirements of this paragraph. The contract

shall require that the State or subdivision comply with applicable

safety regulations in operating the facility and with applicable

competition requirements in making a subcontract to perform work to

carry out the contract.

(3) Contract air traffic control tower pilot program. -

(A) In general. - The Secretary shall establish a pilot program

to contract for air traffic control services at Level I air

traffic control towers, as defined by the Secretary, that do not

qualify for the contract tower program established under

subsection (a) and continued under paragraph (1) (in this

paragraph referred to as the "Contract Tower Program").

(B) Program components. - In carrying out the pilot program,

the Secretary shall -

(i) utilize for purposes of cost-benefit analyses, current,

actual, site-specific data, forecast estimates, or airport

master plan data provided by a facility owner or operator and

verified by the Secretary; and

(ii) approve for participation only facilities willing to

fund a pro rata share of the operating costs of the air traffic

control tower to achieve a 1-to-1 benefit-to-cost ratio using

actual site-specific contract tower operating costs in any case

in which there is an operating air traffic control tower, as

required for eligibility under the Contract Tower Program.

(C) Priority. - In selecting facilities to participate in the

pilot program, the Secretary shall give priority to the following

facilities:

(i) Air traffic control towers that are participating in the

Contract Tower Program but have been notified that they will be

terminated from such program because the Secretary has

determined that the benefit-to-cost ratio for their

continuation in such program is less than 1.0.

(ii) Air traffic control towers that the Secretary determines

have a benefit-to-cost ratio of at least .50.

(iii) Air traffic control towers of the Federal Aviation

Administration that are closed as a result of the air traffic

controllers strike in 1981.

(iv) Air traffic control towers located at airports or points

at which an air carrier is receiving compensation under the

essential air service program under this chapter.

(v) Air traffic control towers located at airports that are

prepared to assume partial responsibility for maintenance

costs.

(vi) Air traffic control towers located at airports with

safety or operational problems related to topography, weather,

runway configuration, or mix of aircraft.

(vii) Air traffic control towers located at an airport at

which the community has been operating the tower at its own

expense.

(D) Costs exceeding benefits. - If the costs of operating an

air traffic tower under the pilot program exceed the benefits,

the airport sponsor or State or local government having

jurisdiction over the airport shall pay the portion of the costs

that exceed such benefit.

(E) Funding. - Subject to paragraph (4)(D), of the amounts

appropriated pursuant to section 106(k), not more than $6,000,000

per fiscal year may be used to carry out this paragraph.

(4) Construction of air traffic control towers. -

(A) In general. - Notwithstanding any other provision of this

subchapter, the Secretary may provide grants under this

subchapter to not more than two airport sponsors for the

construction of a low-level activity visual flight rule (level 1)

air traffic control tower, as defined by the Secretary.

(B) Eligibility. - A sponsor shall be eligible for a grant

under this paragraph if -

(i) the sponsor would otherwise be eligible to participate in

the pilot program established under paragraph (3) except for

the lack of the air traffic control tower proposed to be

constructed under this subsection; and

(ii) the sponsor agrees to fund not less than 25 percent of

the costs of construction of the air traffic control tower.

(C) Project costs. - Grants under this paragraph shall be paid

only from amounts apportioned to the sponsor under section

47114(c)(1).

(D) Federal share. - The Federal share of the cost of

construction of an air traffic control tower under this paragraph

may not exceed $1,100,000.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1276; Pub. L.

106-181, title I, Sec. 131, Apr. 5, 2000, 114 Stat. 78.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47124(a) 49 App.:2222. Sept. 3, 1982, Pub. L.

97-248, Sec. 526, 96 Stat.

698.

47124(b)(1) 49 App.:2222 (note). Dec. 30, 1987, Pub. L.

100-223, Sec. 306, 101 Stat.

1526.

47124(b)(2) 49 App.:1344(h). Aug. 23, 1958, Pub. L.

85-726, 72 Stat. 747, Sec.

303(h); added Oct. 31, 1992,

Pub. L. 102-581, Sec.

201(a), 106 Stat. 4890.

--------------------------------------------------------------------

In subsection (a), the words "In the powers granted under section

2218 of this Appendix" and "contract or other" are omitted as

surplus. The word "relieves" is substituted for "contain, among

others, a provision relieving", and the words "from any liability

arising out of, or related to" are substituted for "of any and all

liability for the payment of any claim or other obligation arising

out of or in connection with", to eliminate unnecessary words.

In subsection (b)(1), the words "in effect" are omitted as

surplus. The words "on December 30, 1987" are added for clarity.

In subsection (b)(2), the word "Secretary" is substituted for

"Administrator" for consistency in the chapter.

AMENDMENTS

2000 - Subsec. (b)(3), (4). Pub. L. 106-181 added pars. (3) and

(4).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

CONTRACT TOWER ASSISTANCE

Pub. L. 103-305, title V, Sec. 508, Aug. 23, 1994, 108 Stat.

1596, provided that: "The Secretary shall take appropriate action

to assist communities where the Secretary deems such assistance

appropriate in obtaining the installation of a Level I Contract

Tower for those communities."

-End-

-CITE-

49 USC Sec. 47125 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47125. Conveyances of United States Government land

-STATUTE-

(a) Conveyances to Public Agencies. - Except as provided in

subsection (b) of this section, the Secretary of Transportation

shall request the head of the department, agency, or

instrumentality of the United States Government owning or

controlling land or airspace to convey a property interest in the

land or airspace to the public agency sponsoring the project or

owning or controlling the airport when necessary to carry out a

project under this subchapter at a public airport, to operate a

public airport, or for the future development of an airport under

the national plan of integrated airport systems. The head of the

department, agency, or instrumentality shall decide whether the

requested conveyance is consistent with the needs of the

department, agency, or instrumentality and shall notify the

Secretary of that decision not later than 4 months after receiving

the request. If the head of the department, agency, or

instrumentality decides that the requested conveyance is consistent

with its needs, the head of the department, agency, or

instrumentality, with the approval of the Attorney General and

without cost to the Government, shall make the conveyance. A

conveyance may be made only on the condition that the property

interest conveyed reverts to the Government, at the option of the

Secretary, to the extent it is not developed for an airport purpose

or used consistently with the conveyance. Before waiving a

condition that property be used for an aeronautical purpose under

the preceding sentence, the Secretary must provide notice to the

public not less than 30 days before waiving such condition.

(b) Nonapplication. - Except as specifically provided by law,

subsection (a) of this section does not apply to land or airspace

owned or controlled by the Government within -

(1) a national park, national monument, national recreation

area, or similar area under the administration of the National

Park Service;

(2) a unit of the National Wildlife Refuge System or similar

area under the jurisdiction of the United States Fish and

Wildlife Service; or

(3) a national forest or Indian reservation.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1276; Pub. L.

106-181, title I, Sec. 125(b), Apr. 5, 2000, 114 Stat. 75.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47125(a) 49 App.:2215(a), Sept. 3, 1982, Pub. L.

(b). 97-248, Sec. 516, 96 Stat.

692.

47125(b) 49 App.:2215(c).

--------------------------------------------------------------------

In subsection (a), the text of 49 App.:2215(a) (last sentence) is

omitted as surplus because a "property interest in land or

airspace" necessarily includes "title to . . . land or any easement

through . . . airspace". The words "when necessary" are substituted

for "whenever the Secretary determines that use of any lands owned

or controlled by the United States is reasonably necessary for",

and the words "for the future development" are substituted for

"including lands reasonably necessary to meet future development",

to eliminate unnecessary words. The words "not later than 4 months

after receiving the request" are substituted for "Upon receipt of a

request from the Secretary under this section" and "within a period

of four months after receipt of the Secretary's request" for

clarity and to eliminate unnecessary words. The words "make the

conveyance" are substituted for "perform any acts and to execute

any instruments necessary to make the conveyance requested", and

the words "that the property interest conveyed reverts to the

Government . . . to the extent it is not" are substituted for "the

property interest conveyed shall revert to the United States in the

event that the lands in question are not" and "If only a part of

the property interest conveyed is not developed for airport

purposes, or used in a manner consistent with the terms of the

conveyance, only that particular part shall, at the option of the

Secretary, revert to the United States", to eliminate unnecessary

words. The words "the terms of" are omitted as surplus.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-181 inserted at end "Before

waiving a condition that property be used for an aeronautical

purpose under the preceding sentence, the Secretary must provide

notice to the public not less than 30 days before waiving such

condition."

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

CONSTRUCTION OF 2000 AMENDMENT

Nothing in amendment by Pub. L. 106-181 to be construed to

authorize Secretary of Transportation to issue waiver or make a

modification referred to in such amendment, see section 125(e) of

Pub. L. 106-181, set out as a note under section 47107 of this

title.

-End-

-CITE-

49 USC Sec. 47126 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47126. Criminal penalties for false statements

-STATUTE-

A person (including an officer, agent, or employee of the United

States Government or a public agency) shall be fined under title

18, imprisoned for not more than 5 years, or both, if the person,

with intent to defraud the Government, knowingly makes -

(1) a false statement about the kind, quantity, quality, or

cost of the material used or to be used, or the quantity,

quality, or cost of work performed or to be performed, in

connection with the submission of a plan, map, specification,

contract, or estimate of project cost for a project included in a

grant application submitted to the Secretary of Transportation

for approval under this subchapter;

(2) a false statement or claim for work or material for a

project included in a grant application approved by the Secretary

under this subchapter; or

(3) a false statement in a report or certification required

under this subchapter.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1277.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47126 49 App.:2216. Sept. 3, 1982, Pub. L.

97-248, Sec. 517, 96 Stat.

693.

--------------------------------------------------------------------

In this section, before clause (1), the words "association, firm,

or corporation" are omitted because of 1:1. The words "fined under

title 18" are substituted for "a fine of not to exceed $10,000" for

consistency with title 18. In clauses (1)-(3), the words "false

representation" are omitted as surplus. In clauses (1) and (2), the

words "false report" are omitted as surplus. The words "included in

a grant application" are added for clarity and consistency in this

chapter. In clause (3), the words "to be made" are omitted as

surplus.

-End-

-CITE-

49 USC Sec. 47127 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47127. Ground transportation demonstration projects

-STATUTE-

(a) General Authority. - To improve the airport and airway system

of the United States consistent with regional airport system plans

financed under section 13(b) of the Airport and Airway Development

Act of 1970, the Secretary of Transportation may carry out ground

transportation demonstration projects to improve ground access to

air carrier airport terminals. The Secretary may carry out a

demonstration project independently or by grant or contract,

including an agreement with another department, agency, or

instrumentality of the United States Government.

(b) Priority. - In carrying out this section, the Secretary shall

give priority to a demonstration project that -

(1) affects an airport in an area with an operating regional

rapid transit system with existing facilities reasonably near the

airport;

(2) includes connection of the airport terminal to that system;

(3) is consistent with and supports a regional airport system

plan adopted by the planning agency for the region and submitted

to the Secretary; and

(4) improves access to air transportation for individuals

residing or working in the region by encouraging the optimal

balance of use of airports in the region.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1277.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47127(a) 49 App.:1713a(1). July 12, 1976, Pub. L.

94-353, Sec. 23(a), 90 Stat.

884.

47127(b) 49 App.:1713a(2).

--------------------------------------------------------------------

In subsection (a), the words "To improve" are substituted for

"which he determines will assist the improvement of" to eliminate

unnecessary words.

In subsection (b)(2), the word "facilities" is omitted as

surplus.

-REFTEXT-

REFERENCES IN TEXT

Section 13(b) of the Airport and Airway Development Act of 1970,

referred to in subsec. (a), is section 13(b) of Pub. L. 91-258,

which was classified to section 1713(b) of former Title 49,

Transportation, prior to repeal by Pub. L. 97-248, title V, Sec.

523(a), Sept. 3, 1982, 96 Stat. 695.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 50101, 50102, 50104,

50105 of this title.

-End-

-CITE-

49 USC Sec. 47128 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47128. State block grant program

-STATUTE-

(a) General Requirements. - The Secretary of Transportation shall

prescribe regulations to carry out a State block grant program. The

regulations shall provide that the Secretary may designate not more

than 9 qualified States for fiscal years 2000 and 2001 and 10

qualified States for each fiscal year thereafter to assume

administrative responsibility for all airport grant amounts

available under this subchapter, except for amounts designated for

use at primary airports.

(b) Applications and Selection. - A State wishing to participate

in the program must submit an application to the Secretary. The

Secretary shall select a State on the basis of its application only

after -

(1) deciding the State has an organization capable of

effectively administering a block grant made under this section;

(2) deciding the State uses a satisfactory airport system

planning process;

(3) deciding the State uses a programming process acceptable to

the Secretary;

(4) finding that the State has agreed to comply with United

States Government standard requirements for administering the

block grant; and

(5) finding that the State has agreed to provide the Secretary

with program information the Secretary requires.

(c) Safety and Security Needs and Needs of System. - Before

deciding whether a planning process is satisfactory or a

programming process is acceptable under subsection (b)(2) or (b)(3)

of this section, the Secretary shall ensure that the process

provides for meeting critical safety and security needs and that

the programming process ensures that the needs of the national

airport system will be addressed in deciding which projects will

receive money from the Government. In carrying out this subsection,

the Secretary shall permit a State to use the priority system of

the State if such system is not inconsistent with the national

priority system.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1277; Pub. L.

103-429, Sec. 6(70), Oct. 31, 1994, 108 Stat. 4387; Pub. L.

104-264, title I, Sec. 147(a)-(c)(1), Oct. 9, 1996, 110 Stat. 3223;

Pub. L. 104-287, Sec. 5(84), Oct. 11, 1996, 110 Stat. 3397; Pub. L.

105-102, Sec. 3(d)(1)(E), Nov. 20, 1997, 111 Stat. 2215; Pub. L.

106-181, title I, Sec. 138, Apr. 5, 2000, 114 Stat. 85.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 103-272

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47128(a) 49 App.:2227(a) Sept. 3, 1982, Pub. L.

(1st sentence), (b) 97-248, 96 Stat. 324, Sec.

(1st sentence). 534; added Dec. 30, 1987,

Pub. L. 100-223, Sec. 116,

101 Stat. 1507; Nov. 5,

1990, Pub. L. 101-508, Sec.

9114, 104 Stat. 1388-364;

Oct. 31, 1992, Pub. L.

102-581, Sec. 116, 106 Stat.

4881.

47128(b)(1) 49 App.:2227(c)

(1st, 2d sentences).

47128(b)(2) 49 App.:2227(b)

(last sentence).

47128(c) 49 App.:2227(c)

(last sentence).

47128(d) 49 App.:2227(a)

(last sentence),

(d).

--------------------------------------------------------------------

In subsection (a), the words "Not later than 180 days after

December 30, 1987" and "to become effective on October 1, 1989" are

omitted as obsolete.

In subsection (b)(1)(A), the words "agency or" are omitted as

surplus.

In subsection (b)(1)(D), the words "procedural and other" are

omitted as surplus.

In subsection (d), the text of 49 App.:2227(d) is omitted as

executed.

PUB. L. 103-429

This amends 49:47128(c) to correct an error in the codification

enacted by section 1 of the Act of July 5, 1994 (Public Law

103-272, 108 Stat. 1278).

PUB. L. 104-287

This makes a clarifying amendment to the catchline for

49:47128(d).

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-181 substituted "9 qualified

States for fiscal years 2000 and 2001 and 10 qualified States for

each fiscal year thereafter" for "8 qualified States for fiscal

year 1997 and 9 qualified States for each fiscal year thereafter".

1997 - Subsec. (d). Pub. L. 105-102 repealed Pub. L. 104-287,

Sec. 5(84). See 1996 Amendment note below.

1996 - Pub. L. 104-264, Sec. 147(c)(1)(A), substituted "grant

program" for "grant pilot program" in section catchline.

Subsec. (a). Pub. L. 104-264, Sec. 147(a)(1), (c)(1)(B),

substituted "block grant program" for "block grant pilot program"

and "8 qualified States for fiscal year 1997 and 9 qualified States

for each fiscal year thereafter" for "7 qualified States".

Subsec. (b). Pub. L. 104-264, Sec. 147(a)(2), (3), struck out

"(1)" before "A State wishing", redesignated subpars. (A) to (E) as

pars. (1) to (5), respectively, and struck out former par. (2)

which read as follows: "For the fiscal years ending September 30,

1993-1996, the States selected shall include Illinois, Missouri,

and North Carolina."

Subsec. (c). Pub. L. 104-264, Sec. 147(b), substituted "(b)(2) or

(b)(3)" for "(b)(1)(B) or (C)" and inserted at end "In carrying out

this subsection, the Secretary shall permit a State to use the

priority system of the State if such system is not inconsistent

with the national priority system."

Subsec. (d). Pub. L. 104-287, Sec. 5(84), which directed

amendment of heading by striking "and report", was repealed by Pub.

L. 105-102.

Pub. L. 104-264, Sec. 147(c)(1)(C), struck out subsec. (d) which

read as follows:

"(d) Ending Effective Date and Report. - This section is

effective only through September 30, 1996."

1994 - Subsec. (c). Pub. L. 103-429 substituted "subsection

(b)(1)(B) or (C)" for "subsection (b)(2) or (3)".

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT

Pub. L. 105-102, Sec. 3(d), Nov. 20, 1997, 111 Stat. 2215,

provided that the amendment made by section 3(d)(1)(E) is effective

Oct. 11, 1996.

Amendment by Pub. L. 105-102 effective as if included in the

provisions of the Act to which the amendment relates, see section

3(f) of Pub. L. 105-102, set out as a note under section 106 of

this title.

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-429 effective July 5, 1994, see section

9 of Pub. L. 103-429, set out as a note under section 321 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47109, 47116 of this

title.

-End-

-CITE-

49 USC Sec. 47129 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47129. Resolution of airport-air carrier disputes concerning

airport fees

-STATUTE-

(a) Authority To Request Secretary's Determination. -

(1) In general. - The Secretary of Transportation shall issue a

determination as to whether a fee imposed upon one or more air

carriers (as defined in section 40102 of this title) by the owner

or operator of an airport is reasonable if -

(A) a written request for such determination is filed with

the Secretary by such owner or operator; or

(B) a written complaint requesting such determination is

filed with the Secretary by an affected air carrier within 60

days after such carrier receives written notice of the

establishment or increase of such fee.

(2) Calculation of fee. - A fee subject to a determination of

reasonableness under this section may be calculated pursuant to

either a compensatory or residual fee methodology or any

combination thereof.

(3) Secretary not to set fee. - In determining whether a fee is

reasonable under this section, the Secretary may only determine

whether the fee is reasonable or unreasonable and shall not set

the level of the fee.

(4) Fees imposed by privately-owned airports. - In evaluating

the reasonableness of a fee imposed by an airport receiving an

exemption under section 47134 of this title, the Secretary shall

consider whether the airport has complied with section

47134(c)(4).

(b) Procedural Regulations. - Not later than 90 days after August

23, 1994, the Secretary shall publish in the Federal Register final

regulations, policy statements, or guidelines establishing -

(1) the procedures for acting upon any written request or

complaint filed under subsection (a)(1); and

(2) the standards or guidelines that shall be used by the

Secretary in determining under this section whether an airport

fee is reasonable.

(c) Decisions By Secretary. - The final regulations, policy

statements, or guidelines required in subsection (b) shall provide

the following:

(1) Not more than 120 days after an air carrier files with the

Secretary a written complaint relating to an airport fee, the

Secretary shall issue a final order determining whether such fee

is reasonable.

(2) Within 30 days after such complaint is filed with the

Secretary, the Secretary shall dismiss the complaint if no

significant dispute exists or shall assign the matter to an

administrative law judge; and thereafter the matter shall be

handled in accordance with part 302 of title 14, Code of Federal

Regulations, or as modified by the Secretary to ensure an orderly

disposition of the matter within the 120-day period and any

specifically applicable provisions of this section.

(3) The administrative law judge shall issue a recommended

decision within 60 days after the complaint is assigned or within

such shorter period as the Secretary may specify.

(4) If the Secretary, upon the expiration of 120 days after the

filing of the complaint, has not issued a final order, the

decision of the administrative law judge shall be deemed to be

the final order of the Secretary.

(5) Any party to the dispute may seek review of a final order

of the Secretary under this subsection in the Circuit Court of

Appeals for the District of Columbia Circuit or the court of

appeals in the circuit where the airport which gives rise to the

written complaint is located.

(6) Any findings of fact in a final order of the Secretary

under this subsection, if supported by substantial evidence,

shall be conclusive if challenged in a court pursuant to this

subsection. No objection to such a final order shall be

considered by the court unless objection was urged before an

administrative law judge or the Secretary at a proceeding under

this subsection or, if not so urged, unless there were reasonable

grounds for failure to do so.

(d) Payment Under Protest; Guarantee of Air Carrier Access. -

(1) Payment under protest. -

(A) In general. - Any fee increase or newly established fee

which is the subject of a complaint that is not dismissed by

the Secretary shall be paid by the complainant air carrier to

the airport under protest.

(B) Referral or credit. - Any amounts paid under this

subsection by a complainant air carrier to the airport under

protest shall be subject to refund or credit to the air carrier

in accordance with directions in the final order of the

Secretary within 30 days of such order.

(C) Assurance of timely repayment. - In order to assure the

timely repayment, with interest, of amounts in dispute

determined not to be reasonable by the Secretary, the airport

shall obtain a letter of credit, or surety bond, or other

suitable credit facility, equal to the amount in dispute that

is due during the 120-day period established by this section,

plus interest, unless the airport and the complainant air

carrier agree otherwise.

(D) Deadline. - The letter of credit, or surety bond, or

other suitable credit facility shall be provided to the

Secretary within 20 days of the filing of the complaint and

shall remain in effect for 30 days after the earlier of 120

days or the issuance of a timely final order by the Secretary

determining whether such fee is reasonable.

(2) Guarantee of air carrier access. - Contingent upon an air

carrier's compliance with the requirements of paragraph (1) and

pending the issuance of a final order by the Secretary

determining the reasonableness of a fee that is the subject of a

complaint filed under subsection (a)(1)(B), an owner or operator

of an airport may not deny an air carrier currently providing air

service at the airport reasonable access to airport facilities or

service, or otherwise interfere with an air carrier's prices,

routes, or services, as a means of enforcing the fee.

(e) Applicability. - This section does not apply to -

(1) a fee imposed pursuant to a written agreement with air

carriers using the facilities of an airport;

(2) a fee imposed pursuant to a financing agreement or covenant

entered into prior to August 23, 1994; or

(3) any other existing fee not in dispute as of August 23,

1994.

(f) Effect On Existing Agreements. - Nothing in this section

shall adversely affect -

(1) the rights of any party under any existing written

agreement between an air carrier and the owner or operator of an

airport; or

(2) the ability of an airport to meet its obligations under a

financing agreement, or covenant, that is in force as of August

23, 1994.

(g) Definition. - In this section, the term "fee" means any rate,

rental charge, landing fee, or other service charge for the use of

airport facilities.

-SOURCE-

(Added Pub. L. 103-305, title I, Sec. 113(a)(2), Aug. 23, 1994, 108

Stat. 1577; amended Pub. L. 104-264, title I, Sec. 149(d), Oct. 9,

1996, 110 Stat. 3227; Pub. L. 104-287, Sec. 5(85), Oct. 11, 1996,

110 Stat. 3397.)

-MISC1-

HISTORICAL AND REVISION NOTES

PUB. L. 104-287, SEC. 5(85)(A)

This amends 49:47129(a)(1) to conform to the style of title 49.

PUB. L. 104-287, SEC. 5(85)(B) AND (C)

These set out the date of enactment of 49:47129.

PRIOR PROVISIONS

A prior section 47129 was renumbered section 47131 of this title.

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-287, Sec. 5(85)(A),

substituted "of this title" for "of this subtitle" in introductory

provisions.

Subsec. (a)(4). Pub. L. 104-264 added par. (4).

Subsecs. (b), (e)(2). Pub. L. 104-287, Sec. 5(85)(B), substituted

"August 23, 1994" for "the date of the enactment of this section".

Subsec. (e)(3). Pub. L. 104-287, Sec. 5(85)(C), substituted

"August 23, 1994" for "such date of enactment".

Subsec. (f)(2). Pub. L. 104-287, Sec. 5(85)(B), substituted

"August 23, 1994" for "the date of the enactment of this section".

EFFECTIVE DATE OF 1996 AMENDMENT

Except as otherwise specifically provided, amendment by Pub. L.

104-264 applicable only to fiscal years beginning after Sept. 30,

1996, and not to be construed as affecting funds made available for

a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L.

104-264, set out as a note under section 106 of this title.

-End-

-CITE-

49 USC Sec. 47130 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47130. Airport safety data collection

-STATUTE-

Notwithstanding any other provision of law, the Administrator of

the Federal Aviation Administration may contract, using sole source

or limited source authority, for the collection of airport safety

data.

-SOURCE-

(Added Pub. L. 103-305, title I, Sec. 118(a), Aug. 23, 1994, 108

Stat. 1580.)

-End-

-CITE-

49 USC Sec. 47131 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47131. Annual report

-STATUTE-

(a) General Rule. - Not later than April 1 of each year, the

Secretary of Transportation shall submit to Congress a report on

activities carried out under this subchapter during the prior

fiscal year. The report shall include -

(1) a detailed statement of airport development completed;

(2) the status of each project undertaken;

(3) the allocation of appropriations;

(4) an itemized statement of expenditures and receipts; and

(5) a detailed statement listing airports that the Secretary

believes are not in compliance with grant assurances or other

requirements with respect to airport lands and including the

circumstances of such noncompliance, the timelines for corrective

action, and the corrective action the Secretary intends to take

to bring the airport sponsor into compliance.

(b) Special Rule for Listing Noncompliant Airports. - The

Secretary does not have to conduct an audit or make a final

determination before including an airport on the list referred to

in subsection (a)(5).

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1278, Sec.

47129; renumbered Sec. 47131, Pub. L. 103-305, title I, Sec.

113(a)(1), Aug. 23, 1994, 108 Stat. 1577; amended Pub. L. 106-181,

title VII, Sec. 722, Apr. 5, 2000, 114 Stat. 165.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47129 49 App.:2220. Sept. 3, 1982, Pub. L.

97-248, Sec. 521, 96 Stat.

694.

--------------------------------------------------------------------

In this section, before clause (1), the words "on activities

carried out" are substituted for "describing his operations" for

clarity.

AMENDMENTS

2000 - Pub. L. 106-181 designated existing provisions as subsec.

(a), inserted heading, added par. (5) of subsec. (a), and added

subsec. (b).

1994 - Pub. L. 103-305 renumbered section 47129 of this title as

this section.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

-End-

-CITE-

49 USC Sec. 47132 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

[Sec. 47132. Repealed. Pub. L. 106-181, title I, Sec. 123(a)(1),

Apr. 5, 2000, 114 Stat. 74]

-MISC1-

Section, added Pub. L. 104-264, title I, Sec. 142(a), Oct. 9,

1996, 110 Stat. 3221, temporarily directed the Administrator of the

Federal Aviation Administration to issue guidelines to carry out

not more than 10 pavement maintenance pilot projects.

EFFECTIVE DATE OF REPEAL

Repeal applicable only to fiscal years beginning after Sept. 30,

1999, see section 3 of Pub. L. 106-181, set out as an Effective

Date of 2000 Amendments note under section 106 of this title.

-End-

-CITE-

49 USC Sec. 47133 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47133. Restriction on use of revenues

-STATUTE-

(a) Prohibition. - Local taxes on aviation fuel (except taxes in

effect on December 30, 1987) or the revenues generated by an

airport that is the subject of Federal assistance may not be

expended for any purpose other than the capital or operating costs

of -

(1) the airport;

(2) the local airport system; or

(3) any other local facility that is owned or operated by the

person or entity that owns or operates the airport that is

directly and substantially related to the air transportation of

passengers or property.

(b) Exceptions. - Subsection (a) shall not apply if a provision

enacted not later than September 2, 1982, in a law controlling

financing by the airport owner or operator, or a covenant or

assurance in a debt obligation issued not later than September 2,

1982, by the owner or operator, provides that the revenues,

including local taxes on aviation fuel at public airports, from any

of the facilities of the owner or operator, including the airport,

be used to support not only the airport but also the general debt

obligations or other facilities of the owner or operator.

(c) Rule of Construction. - Nothing in this section may be

construed to prevent the use of a State tax on aviation fuel to

support a State aviation program or the use of airport revenue on

or off the airport for a noise mitigation purpose.

-SOURCE-

(Added Pub. L. 104-264, title VIII, Sec. 804(a), Oct. 9, 1996, 110

Stat. 3271.)

-MISC1-

EFFECTIVE DATE

Except as otherwise specifically provided, section applicable

only to fiscal years beginning after Sept. 30, 1996, and not to be

construed as affecting funds made available for a fiscal year

ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set

out as an Effective Date of 1996 Amendment note under section 106

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 46301, 47107, 47134 of

this title.

-End-

-CITE-

49 USC Sec. 47134 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47134. Pilot program on private ownership of airports

-STATUTE-

(a) Submission of Applications. - If a sponsor intends to sell or

lease a general aviation airport or lease any other type of airport

for a long term to a person (other than a public agency), the

sponsor and purchaser or lessee may apply to the Secretary of

Transportation for exemptions under this section.

(b) Approval of Applications. - The Secretary may approve, with

respect to not more than 5 airports, applications submitted under

subsection (a) granting exemptions from the following provisions:

(1) Use of revenues. -

(A) In general. - The Secretary may grant an exemption to a

sponsor from the provisions of sections 47107(b) and 47133 of

this title (and any other law, regulation, or grant assurance)

to the extent necessary to permit the sponsor to recover from

the sale or lease of the airport such amount as may be approved

-

(i) by at least 65 percent of the air carriers serving the

airport; and

(ii) by air carriers whose aircraft landing at the airport

during the preceding calendar year had a total landed weight

during the preceding calendar year of at least 65 percent of

the total landed weight of all aircraft landing at the

airport during such year.

(B) Landed weight defined. - In this paragraph, the term

"landed weight" means the weight of aircraft transporting

passengers or cargo, or both, in intrastate, interstate, and

foreign air transportation, as the Secretary determines under

regulations the Secretary prescribes.

(2) Repayment requirements. - The Secretary may grant an

exemption to a sponsor from the provisions of sections 47107 and

47152 of this title (and any other law, regulation, or grant

assurance) to the extent necessary to waive any obligation of the

sponsor to repay to the Federal Government any grants, or to

return to the Federal Government any property, received by the

airport under this title, the Airport and Airway Improvement Act

of 1982, or any other law.

(3) Compensation from airport operations. - The Secretary may

grant an exemption to a purchaser or lessee from the provisions

of sections 47107(b) and 47133 of this title (and any other law,

regulation, or grant assurance) to the extent necessary to permit

the purchaser or lessee to earn compensation from the operations

of the airport.

(c) Terms and Conditions. - The Secretary may approve an

application under subsection (b) only if the Secretary finds that

the sale or lease agreement includes provisions satisfactory to the

Secretary to ensure the following:

(1) The airport will continue to be available for public use on

reasonable terms and conditions and without unjust

discrimination.

(2) The operation of the airport will not be interrupted in the

event that the purchaser or lessee becomes insolvent or seeks or

becomes subject to any State or Federal bankruptcy,

reorganization, insolvency, liquidation, or dissolution

proceeding or any petition or similar law seeking the dissolution

or reorganization of the purchaser or lessee or the appointment

of a receiver, trustee, custodian, or liquidator for the

purchaser or lessee or a substantial part of the purchaser or

lessee's property, assets, or business.

(3) The purchaser or lessee will maintain, improve, and

modernize the facilities of the airport through capital

investments and will submit to the Secretary a plan for carrying

out such maintenance, improvements, and modernization.

(4) Every fee of the airport imposed on an air carrier on the

day before the date of the lease of the airport will not increase

faster than the rate of inflation unless a higher amount is

approved -

(A) by at least 65 percent of the air carriers serving the

airport; and

(B) by air carriers whose aircraft landing at the airport

during the preceding calendar year had a total landed weight

during the preceding calendar year of at least 65 percent of

the total landed weight of all aircraft landing at the airport

during such year.

(5) The percentage increase in fees imposed on general aviation

aircraft at the airport will not exceed the percentage increase

in fees imposed on air carriers at the airport.

(6) Safety and security at the airport will be maintained at

the highest possible levels.

(7) The adverse effects of noise from operations at the airport

will be mitigated to the same extent as at a public airport.

(8) Any adverse effects on the environment from airport

operations will be mitigated to the same extent as at a public

airport.

(9) Any collective bargaining agreement that covers employees

of the airport and is in effect on the date of the sale or lease

of the airport will not be abrogated by the sale or lease.

(d) Participation of Certain Airports. -

(1) General aviation airports. - If the Secretary approves

under subsection (b) applications with respect to 5 airports, one

of the airports must be a general aviation airport.

(2) Large hub airports. - The Secretary may not approve under

subsection (b) more than 1 application submitted by an airport

that had 1 percent or more of the total passenger boardings (as

defined in section 47102) in the United States in the preceding

calendar year.

(e) Required Finding That Approval Will Not Result in Unfair

Methods of Competition. - The Secretary may approve an application

under subsection (b) only if the Secretary finds that the approval

will not result in unfair and deceptive practices or unfair methods

of competition.

(f) Interests of General Aviation Users. - In approving an

application of an airport under this section, the Secretary shall

ensure that the interests of general aviation users of the airport

are not adversely affected.

(g) Passenger Facility Fees; Apportionments; Service Charges. -

Notwithstanding that the sponsor of an airport receiving an

exemption under subsection (b) is not a public agency, the sponsor

shall not be prohibited from -

(1) imposing a passenger facility fee under section 40117 of

this title;

(2) receiving apportionments under section 47114 of this title;

or

(3) collecting reasonable rental charges, landing fees, and

other service charges from aircraft operators under section

40116(e)(2) of this title.

(h) Effectiveness of Exemptions. - An exemption granted under

subsection (b) shall continue in effect only so long as the

facilities sold or leased continue to be used for airport purposes.

(i) Revocation of Exemptions. - The Secretary may revoke an

exemption issued to a purchaser or lessee of an airport under

subsection (b)(3) if, after providing the purchaser or lessee with

notice and an opportunity to be heard, the Secretary determines

that the purchaser or lessee has knowingly violated any of the

terms specified in subsection (c) for the sale or lease of the

airport.

(j) Nonapplication of Provisions to Airports Owned by Public

Agencies. - The provisions of this section requiring the approval

of air carriers in determinations concerning the use of revenues,

and imposition of fees, at an airport shall not be extended so as

to apply to any airport owned by a public agency that is not

participating in the program established by this section.

(k) Audits. - The Secretary may conduct periodic audits of the

financial records and operations of an airport receiving an

exemption under this section.

(l) Report. - Not later than 2 years after the date of the

initial approval of an application under this section, the

Secretary shall transmit to the Committee on Transportation and

Infrastructure of the House of Representatives and the Committee on

Commerce, Science, and Transportation of the Senate a report on

implementation of the program under this section.

(m) General Aviation Airport Defined. - In this section, the term

"general aviation airport" means an airport that is not a

commercial service airport.

-SOURCE-

(Added Pub. L. 104-264, title I, Sec. 149(a)(1), Oct. 9, 1996, 110

Stat. 3224.)

-REFTEXT-

REFERENCES IN TEXT

The Airport and Airway Improvement Act of 1982, referred to in

subsec. (b)(2), is title V of Pub. L. 97-248, Sept. 3, 1982, 96

Stat. 671, as amended, which was classified principally to chapter

31 (Sec. 2201 et seq.) of former Title 49, Transportation, and was

substantially repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994,

108 Stat. 1379, and reenacted by the first section thereof as this

subchapter.

-MISC1-

EFFECTIVE DATE

Except as otherwise specifically provided, section applicable

only to fiscal years beginning after Sept. 30, 1996, and not to be

construed as affecting funds made available for a fiscal year

ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set

out as an Effective Date of 1996 Amendment note under section 106

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 40116, 47109, 47129 of

this title.

-End-

-CITE-

49 USC Sec. 47135 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47135. Innovative financing techniques

-STATUTE-

(a) In General. - The Secretary of Transportation may approve

applications for not more than 20 airport development projects for

which grants received under this subchapter may be used for

innovative financing techniques. Such projects shall be located at

airports that each year have less than .25 percent of the total

number of passenger boardings each year at all commercial service

airports in the most recent calendar year for which data is

available.

(b) Purpose. - The purpose of grants made under this section

shall be to provide information on the benefits and difficulties of

using innovative financing techniques for airport development

projects.

(c) Limitations. -

(1) No guarantees. - In no case shall the implementation of an

innovative financing technique under this section be used in a

manner giving rise to a direct or indirect guarantee of any

airport debt instrument by the United States Government.

(2) Types of techniques. - In this section, innovative

financing techniques are limited to -

(A) payment of interest;

(B) commercial bond insurance and other credit enhancement

associated with airport bonds for eligible airport development;

(C) flexible non-Federal matching requirements; and

(D) use of funds apportioned under section 47114 for the

payment of principal and interest of terminal development for

costs incurred before the date of the enactment of this

section.

-SOURCE-

(Added Pub. L. 106-181, title I, Sec. 132(a), Apr. 5, 2000, 114

Stat. 80.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(c)(2)(D), is the date of enactment of Pub. L. 106-181, which was

approved Apr. 5, 2000.

-MISC1-

EFFECTIVE DATE

Section applicable only to fiscal years beginning after Sept. 30,

1999, see section 3 of Pub. L. 106-181, set out as an Effective

Date of 2000 Amendments note under section 106 of this title.

-End-

-CITE-

49 USC Sec. 47136 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47136. Inherently low-emission airport vehicle pilot program

-STATUTE-

(a) In General. - The Secretary of Transportation shall carry out

a pilot program at not more than 10 public-use airports under which

the sponsors of such airports may use funds made available under

section 48103 for use at such airports to carry out inherently

low-emission vehicle activities. Notwithstanding any other

provision of this subchapter, inherently low-emission vehicle

activities shall for purposes of the pilot program be treated as

eligible for assistance under this subchapter.

(b) Location in Air Quality Nonattainment Areas. -

(1) In general. - A public-use airport shall be eligible for

participation in the pilot program only if the airport is located

in an air quality nonattainment area (as defined in section

171(2) of the Clean Air Act (42 U.S.C. 7501(2)).

(2) Shortage of candidates. - If the Secretary receives an

insufficient number of applications from public-use airports

located in such areas, then the Secretary may consider

applications from public-use airports that are not located in

such areas.

(c) Selection Criteria. - In selecting from among applicants for

participation in the pilot program, the Secretary shall give

priority consideration to applicants that will achieve the greatest

air quality benefits measured by the amount of emissions reduced

per dollar of funds expended under the pilot program.

(d) United States Government's Share. - Notwithstanding any other

provision of this subchapter, the United States Government's share

of the costs of a project carried out under the pilot program shall

be 50 percent.

(e) Maximum Amount. - Not more than $2,000,000 may be expended

under the pilot program at any single public-use airport.

(f) Technical Assistance. -

(1) In general. - The sponsor of a public-use airport carrying

out inherently low-emission vehicle activities under the pilot

program may use not more than 10 percent of the amounts made

available for expenditure at the airport in a fiscal year under

the pilot program to receive technical assistance in carrying out

such activities.

(2) Eligible consortium. - To the maximum extent practicable,

participants in the pilot program shall use an eligible

consortium (as defined in section 5506 of this title) in the

region of the airport to receive technical assistance described

in paragraph (1).

(g) Materials Identifying Best Practices. - The Administrator may

develop and make available materials identifying best practices for

carrying out low-emission vehicle activities based on the projects

carried out under the pilot program and other sources.

(h) Report to Congress. - Not later than 18 months after the date

of the enactment of this section, the Secretary shall transmit to

the Committee on Transportation and Infrastructure of the House of

Representatives and the Committee on Commerce, Science, and

Transportation of the Senate a report containing -

(1) an evaluation of the effectiveness of the pilot program;

(2) an identification of other public-use airports that

expressed an interest in participating in the pilot program; and

(3) a description of the mechanisms used by the Secretary to

ensure that the information and know-how gained by participants

in the pilot program is transferred among the participants and to

other interested parties, including other public-use airports.

(i) Inherently Low-Emission Vehicle Activity Defined. - In this

section, the term "inherently low-emission vehicle activity" means

-

(1) the construction of infrastructure or modifications at

public-use airports to enable the delivery of fuel and services

necessary for the use of vehicles that are certified as

inherently low-emission vehicles under title 40 of the Code of

Federal Regulations and that -

(A) operate exclusively on compressed natural gas, liquefied

natural gas, liquefied petroleum gas, electricity, hydrogen, or

a blend at least 85 percent of which is methanol;

(B) are labeled in accordance with section 88.312-93(c) of

such title; and

(C) are located or primarily used at public-use airports;

(2) the construction of infrastructure or modifications at

public-use airports to enable the delivery of fuel and services

necessary for the use of nonroad vehicles that -

(A) operate exclusively on compressed natural gas, liquefied

natural gas, liquefied petroleum gas, electricity, hydrogen, or

a blend at least 85 percent of which is methanol;

(B) meet or exceed the standards set forth in section

86.1708-99 of such title or the standards set forth in section

89.112(a) of such title, and are in compliance with the

requirements of section 89.112(b) of such title; and

(C) are located or primarily used at public-use airports;

(3) the payment of that portion of the cost of acquiring

vehicles described in this subsection that exceeds the cost of

acquiring other vehicles or engines that would be used for the

same purpose; or

(4) the acquisition of technological capital equipment to

enable the delivery of fuel and services necessary for the use of

vehicles described in paragraph (1).

-SOURCE-

(Added Pub. L. 106-181, title I, Sec. 133(a), Apr. 5, 2000, 114

Stat. 81.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this section, referred to in subsec.

(h), is the date of enactment of Pub. L. 106-181, which was

approved Apr. 5, 2000.

-MISC1-

EFFECTIVE DATE

Section applicable only to fiscal years beginning after Sept. 30,

1999, see section 3 of Pub. L. 106-181, set out as an Effective

Date of 2000 Amendments note under section 106 of this title.

-End-

-CITE-

49 USC Sec. 47137 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER I - AIRPORT IMPROVEMENT

-HEAD-

Sec. 47137. Airport security program

-STATUTE-

(a) General Authority. - To improve security at public airports

in the United States, the Secretary of Transportation shall carry

out not less than one project to test and evaluate innovative

aviation security systems and related technology.

(b) Priority. - In carrying out this section, the Secretary shall

give the highest priority to a request from an eligible sponsor for

a grant to undertake a project that -

(1) evaluates and tests the benefits of innovative aviation

security systems or related technology, including explosives

detection systems, for the purpose of improving aviation and

aircraft physical security, access control, and passenger and

baggage screening; and

(2) provides testing and evaluation of airport security systems

and technology in an operational, testbed environment.

(c) Matching Share. - Notwithstanding section 47109, the United

States Government's share of allowable project costs for a project

under this section shall be 100 percent.

(d) Terms and Conditions. - The Secretary may establish such

terms and conditions as the Secretary determines appropriate for

carrying out a project under this section, including terms and

conditions relating to the form and content of a proposal for a

project, project assurances, and schedule of payments.

(e) Eligible Sponsor Defined. - In this section, the term

"eligible sponsor" means a nonprofit corporation composed of a

consortium of public and private persons, including a sponsor of a

primary airport, with the necessary engineering and technical

expertise to successfully conduct the testing and evaluation of

airport and aircraft related security systems.

(f) Authorization of Appropriations. - Of the amounts made

available to the Secretary under section 47115 in a fiscal year,

the Secretary shall make available not less than $5,000,000 for the

purpose of carrying out this section.

-SOURCE-

(Added Pub. L. 106-181, title I, Sec. 134(a), Apr. 5, 2000, 114

Stat. 83.)

-MISC1-

EFFECTIVE DATE

Section applicable only to fiscal years beginning after Sept. 30,

1999, see section 3 of Pub. L. 106-181, set out as an Effective

Date of 2000 Amendments note under section 106 of this title.

-End-

-CITE-

49 USC SUBCHAPTER II - SURPLUS PROPERTY FOR PUBLIC

AIRPORTS 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER II - SURPLUS PROPERTY FOR PUBLIC AIRPORTS

-HEAD-

SUBCHAPTER II - SURPLUS PROPERTY FOR PUBLIC AIRPORTS

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 5 sections 551, 701.

-End-

-CITE-

49 USC Sec. 47151 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER II - SURPLUS PROPERTY FOR PUBLIC AIRPORTS

-HEAD-

Sec. 47151. Authority to transfer an interest in surplus property

-STATUTE-

(a) General Authority. - Subject to sections 47152 and 47153 of

this title, a department, agency, or instrumentality of the

executive branch of the United States Government or a wholly owned

Government corporation may convey to a State, political subdivision

of a State, or tax-supported organization any interest in surplus

property -

(1) that the Secretary of Transportation decides is -

(A) desirable for developing, improving, operating, or

maintaining a public airport (as defined in section 47102 of

this title);

(B) reasonably necessary to fulfill the immediate and

foreseeable future requirements for developing, improving,

operating, or maintaining a public airport; or

(C) needed for developing sources of revenue from nonaviation

businesses at a public airport; and

(2) if the Administrator of General Services approves the

conveyance and decides the interest is not best suited for

industrial use.

(b) Ensuring Compliance. - Only the Secretary may ensure

compliance with an instrument conveying an interest in surplus

property under this subchapter. The Secretary may amend the

instrument to correct the instrument or to make the conveyance

comply with law.

(c) Disposing of Interests Not Conveyed Under This Subchapter. -

An interest in surplus property that could be used at a public

airport but that is not conveyed under this subchapter shall be

disposed of under other applicable law.

(d) Waiver of Condition. - Before the Secretary may waive any

condition imposed on an interest in surplus property conveyed under

subsection (a) that such interest be used for an aeronautical

purpose, the Secretary must provide notice to the public not less

than 30 days before waiving such condition.

(e) Requests by Public Agencies. - Except with respect to a

request made by another department, agency, or instrumentality of

the executive branch of the United States Government, such a

department, agency, or instrumentality shall give priority

consideration to a request made by a public agency (as defined in

section 47102) for surplus property described in subsection (a)

(other than real property that is subject to section 2687 of title

10, section 201 of the Defense Authorization Amendments and Base

Closure and Realignment Act (10 U.S.C. 2687 note), or section 2905

of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C.

2687 note)) for use at a public airport.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1278; Pub. L.

106-181, title I, Secs. 125(c), 135(d)(1), 136, Apr. 5, 2000, 114

Stat. 75, 84, 85.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47151(a) 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

50 App.:1622(g)(1). Oct. 3, 1944, ch. 479, 58

Stat. 765, Sec. 13(g)(1);

added July 30, 1947, ch.

404, Sec. 2, 61 Stat. 678;

Aug. 23, 1958, Pub. L.

85-726, Sec. 1402(c), 72

Stat. 807; May 21, 1970,

Pub. L. 91-258, Sec.

52(b)(6), 84 Stat. 235;

Sept. 3, 1982, Pub. L.

97-248, Sec. 524(c), 96

Stat. 696.

47151(b) 49 App.:1655(c)(1).

50 App.:1622b. Oct. 1, 1949, ch. 589, Sec.

3, 63 Stat. 700; Aug. 23,

1958, Pub. L. 85-726, Sec.

1402(c), 72 Stat. 807.

47151(c) 50 App.:1622(g)(5), Oct. 3, 1944, ch. 479, 58

(6). Stat. 765, Sec. 13(g)(5),

(6); added July 30, 1947,

ch. 404, Sec. 2, 61 Stat.

680.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "Notwithstanding

any other provision of this Act" are omitted as surplus. The words

"Subject to sections 47152 and 47153 of this title" are substituted

for "but subject to the terms, conditions, reservations, and

restrictions hereinafter provided for" to eliminate unnecessary

words. The words "a department, agency, or instrumentality of the

executive branch of the United States Government or a wholly owned

Government corporation" are substituted for "any disposal agency

designated pursuant to this Act" for clarity because disposal

agencies were Government agencies designated under 50 App.:1619(a),

that was repealed by section 602(a)(1) of the Federal Property and

Administrative Services Act of 1949 (ch. 288, 63 Stat. 399), and

Government agencies were all departments, agencies, and

instrumentalities of the executive branch of the United States

Government and wholly owned Government corporations. The word

"give" is substituted for "convey or dispose of . . . without

monetary consideration to the United States", to eliminate

unnecessary words. The word "municipality" is omitted as being

included in "political subdivision". The words "of a State" are

added for clarity and consistency in the revised title and with

other titles of the United States Code. The word "organization" is

substituted for "institution" for consistency in the revised title.

The words "all of the right, title, and . . . of the United States

. . . and to . . . real or personal" are omitted as surplus. In

clause (1)(A), the words "essential, suitable, or" are omitted as

surplus. In clause (1)(B), the words "of the grantee" are omitted

as surplus. In clause (2), the words "Administrator of General

Services" are substituted for "[War Assets] Administrator" in

section 13(g)(1) of the Surplus Property Act of 1944 (ch. 479, 58

Stat. 765) because of section 105 of the Federal Property and

Administrative Services Act of 1949 (ch. 288, 63 Stat. 381). The

words "and decides the interest is not best suited for industrial

use" are substituted for "(exclusive of property the highest and

best use of which is determined by the Administrator of General

Services to be industrial and which shall be so classified for

disposal without regard to the provisions of this subsection)" to

eliminate unnecessary words.

Subsection (b) is substituted for 50 App.:1622b to eliminate

unnecessary words.

In subsection (c), the text of 50 App.:1622(g)(5) is omitted as

obsolete because 50 App.:1621, 1622(f), and 1627(e) were repealed

by section 602(a)(1) of the Federal Property and Administrative

Services Act of 1949 (ch. 288, 63 Stat. 399). The words "An

interest in surplus property that could be used at a public

airport" are substituted for "All surplus property within the

purview of this subsection" for clarity. The words "elsewhere in

this Act or other applicable" are omitted as surplus. The word

"law" is substituted for "Federal Statute" for consistency in the

revised title and with other titles of the Code.

-REFTEXT-

REFERENCES IN TEXT

Section 201 of the Defense Authorization Amendments and Base

Closure and Realignment Act, referred to in subsec. (e), is section

201 of Pub. L. 100-526, which is set out in a note under section

2687 of Title 10, Armed Forces.

Section 2905 of the Defense Base Closure and Realignment Act of

1990, referred to in subsec. (e), is section 2905 of Pub. L.

101-510, which is set out in a note under section 2687 of Title 10,

Armed Forces.

-MISC2-

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-181, Sec. 135(d)(1)(A)(i),

substituted "convey to" for "give" in introductory provisions.

Subsec. (a)(2). Pub. L. 106-181, Sec. 135(d)(1)(A)(ii),

substituted "conveyance" for "gift".

Subsec. (b). Pub. L. 106-181, Sec. 135(d)(1)(B), substituted

"conveying" for "giving" and "conveyance" for "gift".

Subsec. (c). Pub. L. 106-181, Sec. 135(d)(1)(C), substituted

"Conveyed" for "Given" in heading and "conveyed" for "given" in

text.

Subsec. (d). Pub. L. 106-181, Sec. 125(c), added subsec. (d).

Subsec. (e). Pub. L. 106-181, Sec. 136, added subsec. (e).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

CONSTRUCTION OF 2000 AMENDMENT

Nothing in amendment by section 125(c) of Pub. L. 106-181 to be

construed to authorize Secretary of Transportation to issue waiver

or make a modification referred to in such amendment, see section

125(e) of Pub. L. 106-181, set out as a note under section 47107 of

this title.

-End-

-CITE-

49 USC Sec. 47152 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER II - SURPLUS PROPERTY FOR PUBLIC AIRPORTS

-HEAD-

Sec. 47152. Terms of conveyances

-STATUTE-

Except as provided in section 47153 of this title, the following

terms apply to a conveyance of an interest in surplus property

under this subchapter:

(1) A State, political subdivision of a State, or tax-supported

organization receiving the interest may use, lease, salvage, or

dispose of the interest for other than airport purposes only

after the Secretary of Transportation gives written consent that

the interest can be used, leased, salvaged, or disposed of

without materially and adversely affecting the development,

improvement, operation, or maintenance of the airport at which

the property is located.

(2) The interest shall be used and maintained for public use

and benefit without unreasonable discrimination.

(3) A right may not be vested in a person, excluding others in

the same class from using the airport at which the property is

located -

(A) to conduct an aeronautical activity requiring the

operation of aircraft; or

(B) to engage in selling or supplying aircraft, aircraft

accessories, equipment, or supplies (except gasoline and oil),

or aircraft services necessary to operate aircraft (including

maintaining and repairing aircraft, aircraft engines,

propellers, and appliances).

(4) The State, political subdivision, or tax-supported

organization accepting the interest shall clear and protect the

aerial approaches to the airport by mitigating existing, and

preventing future, airport hazards.

(5) During a national emergency declared by the President or

Congress, the United States Government is entitled to use,

control, or possess, without charge, any part of the public

airport at which the property is located. However, the Government

shall -

(A) pay the entire cost of maintaining the part of the

airport it exclusively uses, controls, or possesses during the

emergency;

(B) contribute a reasonable share, consistent with the

Government's use, of the cost of maintaining the property it

uses nonexclusively, or over which the Government has

nonexclusive control or possession, during the emergency; and

(C) pay a fair rental for use, control, or possession of

improvements to the airport made without Government assistance.

(6) The Government is entitled to the nonexclusive use, without

charge, of the landing area of an airport at which the property

is located. The Secretary may limit the use of the landing area

if necessary to prevent unreasonable interference with use by

other authorized aircraft. However, the Government shall -

(A) contribute a reasonable share, consistent with the

Government's use, of the cost of maintaining and operating the

landing area; and

(B) pay for damages caused by its use of the landing area if

its use of the landing area is substantial.

(7) The State, political subdivision, or tax-supported

organization accepting the interest shall release the Government

from all liability for damages arising under an agreement that

provides for Government use of any part of an airport owned,

controlled, or operated by the State, political subdivision, or

tax-supported organization on which, adjacent to which, or in

connection with which, the property is located.

(8) When a term under this section is not satisfied, any part

of the interest in the property reverts to the Government, at the

option of the Government, as the property then exists.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1279; Pub. L.

106-181, title I, Sec. 135(d)(2), Apr. 5, 2000, 114 Stat. 85.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47152 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

50 App.:1622(g)(2). Oct. 3, 1944, ch. 479, 58

Stat. 765, Sec. 13(g)(2);

added July 30, 1947, ch.

404, Sec. 2, 61 Stat. 678;

Oct. 1, 1949, ch. 589, Sec.

1, 63 Stat. 700; Aug. 23,

1958, Pub. L. 85-726, Sec.

1402(c), 72 Stat. 807.

--------------------------------------------------------------------

In this section, before paragraph (1), the words "conditions,

reservations, and restrictions" and "the authority of" are omitted

as surplus. In paragraph (1), the words "A State, political

subdivision of a State, or tax-supported organization receiving the

interest" are substituted for "grantee or transferee" for clarity.

The words "sold" and "disposed of under the authority of this

subsection" are omitted as surplus. In paragraph (2), the words

"transferred for airport purposes" are omitted as surplus. In

paragraph (3), before clause (A), the words "For the purpose of

this condition, an exclusive right is defined to mean" and "any

exclusive right to" are omitted because of the restatement. The

words "exclusive" and "(either directly or indirectly)" are omitted

as surplus. The words "or persons" are omitted because of 1:1. The

words "disposed of" are omitted as surplus. In clause (A), the word

"particular" is omitted as surplus. In paragraph (4), the words

"removing, lowering, relocating, marking, or lighting or otherwise"

and "the establishment or creation of" are omitted as surplus. In

paragraphs (5)-(7), the words "or used" are omitted as surplus. In

paragraph (5), before clause (A), the words "exclusive or

nonexclusive" and "as it may desire" are omitted as surplus. In

clause (A), the word "pay" is substituted for "be responsible for"

to eliminate unnecessary words. The words "during the emergency"

are substituted for "during the period of such use, possession, or

control" to eliminate unnecessary words and for clarity. In clause

(B), the words "be obligated to" are omitted as surplus. The words

"during the emergency" are added for clarity. In clause (C), the

words "exclusively or nonexclusively" are omitted as surplus. In

paragraph (6), before clause (A), the words "as may be determined

at any time" are omitted as surplus. In clause (B), the words "be

obligated to" are omitted as surplus. In paragraph (7), the words

"The State, political subdivision, or tax-supported organization

accepting the interest" are substituted for "Any public agency

accepting a conveyance or transfer of surplus property under the

provisions of this subsection" to eliminate unnecessary words and

for consistency in this section. The words "any and . . . it may be

under for restoration or other . . lease or other" are omitted as

surplus. The text of 50 App.:1622(g)(2)(G) (proviso) is omitted

because 49 App.:1116 was repealed by section 52(a) of the Airport

and Airway Development Act of 1970 (Public Law 91-258, 84 Stat.

235). Paragraph (8) is substituted for 50 App.:1622(g)(2)(H) to

eliminate unnecessary words.

AMENDMENTS

2000 - Pub. L. 106-181 substituted "conveyances" for "gifts" in

section catchline and "conveyance" for "gift" in introductory

provisions.

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47134, 47151, 47153 of

this title.

-End-

-CITE-

49 USC Sec. 47153 01/06/03

-EXPCITE-

TITLE 49 - TRANSPORTATION

SUBTITLE VII - AVIATION PROGRAMS

PART B - AIRPORT DEVELOPMENT AND NOISE

CHAPTER 471 - AIRPORT DEVELOPMENT

SUBCHAPTER II - SURPLUS PROPERTY FOR PUBLIC AIRPORTS

-HEAD-

Sec. 47153. Waiving and adding terms

-STATUTE-

(a) General Authority. - (1) The Secretary of Transportation may

waive, without charge, a term of a conveyance of an interest in

property under this subchapter if the Secretary decides that -

(A) the property no longer serves the purpose for which it was

conveyed; or

(B) the waiver will not prevent carrying out the purpose for

which the conveyance was made and is necessary to advance the

civil aviation interests of the United States.

(2) The Secretary of Transportation shall waive a term under

paragraph (1) of this subsection on terms the Secretary considers

necessary to protect or advance the civil aviation interests of the

United States.

(b) Waivers and Inclusion of Additional Terms on Request. - On

request of the Secretary of Transportation or the Secretary of a

military department, a department, agency, or instrumentality of

the executive branch of the United States Government or a wholly

owned Government corporation may waive a term required by section

47152 of this title or add another term if the appropriate

Secretary decides it is necessary to protect or advance the

interests of the United States in civil aviation or for national

defense.

(c) Public Notice Before Waiver. - Notwithstanding subsections

(a) and (b), before the Secretary may waive any term imposed under

this section that an interest in land be used for an aeronautical

purpose, the Secretary must provide notice to the public not less

than 30 days before waiving such term.

-SOURCE-

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1280; Pub. L.

106-181, title I, Secs. 125(d), 135(d)(3), Apr. 5, 2000, 114 Stat.

76, 85.)

-MISC1-

HISTORICAL AND REVISION NOTES

--------------------------------------------------------------------

Revised Source (U.S. Code) Source (Statutes at Large)

Section

--------------------------------------------------------------------

47153(a) 49 App.:1655(c)(1). Oct. 15, 1966, Pub. L.

89-670, Sec. 6(c)(1), 80

Stat. 938; Jan. 12, 1983,

Pub. L. 97-449, Sec. 7(b),

96 Stat. 2444.

50 App.:1622c. Oct. 1, 1949, ch. 589, Sec.

4, 63 Stat. 700; Aug. 23,

1958, Pub. L. 85-726, Sec.

1402(c), 72 Stat. 807.

47153(b) 49 App.:1655(c)(1).

50 App.:1622(g)(3). Oct. 3, 1944, ch. 479, 58

Stat. 765, Sec. 13(g)(3);

added July 30, 1947, ch.

404, Sec. 2, 61 Stat. 680;

Aug. 23, 1958, Pub. L.

85-726, Sec. 1402(c), 72

Stat. 807.

--------------------------------------------------------------------

In subsection (a), before clause (1), the words "Notwithstanding

any other provision of law" and "further" are omitted as surplus.

The word "waive" is substituted for "grant releases from" and "and

to convey, quitclaim, or release any right or interest reserved to

the United States by" to eliminate unnecessary words. The words "a

term of a gift of an interest in property under this subchapter"

are substituted for "any of the terms, conditions, reservations,

and restrictions contained in . . . any such instrument of

disposal" for clarity and consistency. In clause (1), the words

"transferred by such instrument" are omitted as surplus. In clause

(2), the text of 50 App.:1622c (last proviso) is omitted as

executed. The words "protect or" are omitted as surplus.

In subsection (b), the words "In making any disposition of

surplus property under this subsection" are omitted as surplus. The

words "Secretary of a military department" are substituted for "the

Secretary of the Army, or the Secretary of the Navy" for

consistency with other titles of the United States Code and to

eliminate unnecessary words. The words "Secretary of the Army" are

substituted for "Secretary of War" in section 13(g)(3) of the

Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) because of

section 205(a) of the National Security Act of 1947 (ch. 343, 61

Stat. 501). The Secretary of the Air Force is included in

"Secretary of a military department" because of section 207(a) and

(f) of the National Security Act of 1947 (ch. 343, 61 Stat. 502,

503). The word "waive" is substituted for "omit from the instrument

of disposal" to eliminate unnecessary words and for consistency in

this subchapter. The words "conditions, reservations, and

restrictions" are omitted as surplus.

AMENDMENTS

2000 - Subsec. (a)(1). Pub. L. 106-181, Sec. 135(d)(3),

substituted "conveyance" for "gift" in introductory provisions and

subpar. (B) and "conveyed" for "given" in subpar. (A).

Subsec. (c). Pub. L. 106-181, Sec. 125(d), added subsec. (c).

EFFECTIVE DATE OF 2000 AMENDMENT

Amendment by Pub. L. 106-181 applicable only to fiscal years

beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181,

set out as a note under section 106 of this title.

CONSTRUCTION OF 2000 AMENDMENT

Nothing in amendment by section 125(d) of Pub. L. 106-181 to be

construed to authorize Secretary of Transportation to issue waiver

or make a modification referred to in such amendment, see section

125(e) of Pub. L. 106-181, set out as a note under section 47107 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 47151, 47152 of this

title.

-End-