SUBCHAPTER I—AIRPORT IMPROVEMENT
Subchapter Referred to in Other Sections
This subchapter is referred to in
§47101. Policies
(a)
(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 transportation systems that use various modes of transportation in a way that will serve the States and local communities efficiently and effectively;
(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, 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
(b)
(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)
(d)
(e)
(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)
(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; and
(10) radar approach coverage for each airport terminal area.
(g)
(h)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47101(a)(1) | 49 App.:2201(a)(1), (2). | Sept. 3, 1982, |
| 49 App.:2201(a)(9). | Sept. 3, 1982, |
|
| 49 App.:2201(a)(10). | Sept. 3, 1982, |
|
| 47101(a)(2) | 49 App.:2201(a)(8). | Sept. 3, 1982, |
| 47101(a)(3) | 49 App.:2201(a)(6). | |
| 47101(a)(4) | 49 App.:2201(a)(7). | Sept. 3, 1982, |
| 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, |
| 47101(a)(8) | 49 App.:2201(a)(12). | Sept. 3, 1982, |
| 47101(a)(9) | 49 App.:2201(a)(13). | Sept. 3, 1982, |
| 47101(a)(10) | 49 App.:2201(a)(14). | Sept. 3, 1982, |
| 47101(b) | 49 App.:2201(c). | Sept. 3, 1982, |
| 47101(c) | 49 App.:2201(d). | |
| 47101(d) | 49 App.:2201(a)(5). | Sept. 3, 1982, |
| 47101(e) | 49 App.:2201(a)(3). | |
| 49 App.:2202(a)(20). | Sept. 3, 1982, |
|
| 47101(f) | 49 App.:2201(a)(4). | Sept. 3, 1982, |
| 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 (
Amendments
1994—Subsec. (a)(11).
Subsec. (a)(12).
Subsec. (a)(13).
Effective Date of 1994 Amendment
Amendment by
Study on Innovative Financing
Section 520 of
"(a)
"(b)
"(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)
"(d)
§47102. Definitions
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
(B) at least one air carrier—
(i) operating under an exemption from
(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 and universal access systems, the Secretary requires by regulation for, or approves as contributing significantly to, the safety or security of individuals and property at the airport;
(iii) equipment to remove snow, to measure runway surface friction, or for aviation-related weather reporting;
(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); and
(vi) interactive training systems.
(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.
(F) constructing, reconstructing, repairing, or improving an airport, or purchasing capital equipment for an airport, if paid for by a grant under this subchapter and necessary for compliance with the responsibilities of the operator or owner of the airport under the Americans with Disabilities Act of 1990 (
(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.
(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
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47102(1) | (no source). | |
| 47102(2) | 49 App.:2202(a)(1). | Sept. 3, 1982, |
| 49 App.:2202(a)(21). | Sept. 3, 1982, |
|
| 47102(3) | 49 App.:2202(a)(2). | Sept. 3, 1982, |
| 47102(4) | 49 App.:2202(a)(3). | Sept. 3, 1982, |
| 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, |
| 47102(10) | 49 App.:2202(a)(10). | Sept. 3, 1982, |
| 47102(11) | 49 App.:2202(a)(12). | Sept. 3, 1982, |
| 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.
References in Text
The Americans with Disabilities Act of 1990, referred to in par. (3)(F), is
The Clean Air Act, referred to in par. (3)(F), is act July 14, 1955, ch. 360,
The Federal Water Pollution Control Act, referred to in par. (3)(F), is act June 30, 1948, ch. 758, as amended generally by
Amendments
1994—Par. (3)(B)(ii).
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in
§47103. National plan of integrated airport systems
(a)
(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)
(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)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47103(a) | 49 App.:2203(a)(1) (2d–last sentences). | Sept. 3, 1982, |
| 47103(b) | 49 App.:2203(a)(2). | Sept. 3, 1982, |
| 49 App.:2203(c). | Sept. 3, 1982, |
|
| 47103(c) | 49 App.:2203(d)(1). | Sept. 3, 1982, |
| 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.
§47104. Project grant authority
(a)
(b)
(c)
(1) remaining available after that date under
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47104(a) | 49 App.:2202(a)(24). | Sept. 3, 1982, |
| 49 App.:2204(a) (1st sentence). | Sept. 3, 1982, |
|
| 47104(b) | 49 App.:2204(b)(1) (1st sentence). | Sept. 3, 1982, |
| 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.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47104(c) | 49 App.:2204(b)(1) (last sentence). 49App.:2204 note. |
Sept. 3, 1982, |
In subsection (c), the text of section 109(b) of the Airport Improvement Program Temporary Extension Act of 1994 (
Amendments
1994—Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§47105. Project grant applications
(a)
(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)
(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)
(d)
(e)
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47105(a) (1)(A) | 49 App.:2208(a)(1) (1st sentence related to authority to submit applications). | Sept. 3, 1982, |
| 47105(a) (1)(B) | 49 App.:2208(a)(3). | Sept. 3, 1982, |
| 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, |
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 (
In subsection (e), the words "of an airport for which" are substituted for "to which" for clarity.
Amendments
1994—Subsec. (a)(1)(B).
Subsecs. (e), (f).
Section Referred to in Other Sections
This section is referred to in
§47106. Project grant application approval conditioned on satisfaction of project requirements
(a)
(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)
(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)
(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)
(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)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47106(a) | 49 App.:2208(b) (1)(A)–(D). | Sept. 3, 1982, |
| 47106(b) | 49 App.:2202(a)(8). | |
| 49 App.:2208(b) (2)–(4). | ||
| 47106(c) (1)(A) | 49 App.:2208(b) (6)(A). | Sept. 3, 1982, |
| 47106(c) (1)(B) | 49 App.:2208(b) (7)(A) (1st, 2d sentences). | |
| 47106(c) (1)(C) | 49 App.:2208(b)(5) (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, |
| 47106(e) | 49 App.:2218(b) (related to application). | Sept. 3, 1982, |
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
1994—Subsecs. (d), (e).
"(d)
"(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."
Section Referred to in Other Sections
This section is referred to in
§47107. Project grant application approval conditioned on assurances about airport operations
(a)
(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 title IX of the Federal Property and Administrative Services Act of 1949 (
(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; and
(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.
(b)
(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)
(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 (
(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)
(e)
(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.
(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 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)
(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
(2) subsection (c)(2)(B)(iii) of this section is available to the Secretary—
(A) to make a grant for a purpose described in
(B) for use under
(3) subsection (c)(2)(B)(iii) of this section is in addition to an amount made available to the Secretary under
(g)
(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)
(1) publish notice of the proposed modification in the Federal Register; and
(2) provide an opportunity for comment on the proposal.
(i)
(j)
(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 (
(B) "highway" and "Federal-aid system" have the same meanings given those terms in
(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
(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)
(l)
(1)
(2)
(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)
(4)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47107(a) | 49 App.:2202(a)(6). | Sept. 3, 1982, |
| 49 App.:2208(b) (1)(E) (related to 49 App.:2210(a) (1)–(11), (15), (16)). | ||
| 49 App.:2210(a) (1)(A). | Sept. 3, 1982, |
|
| 49 App.:2210(a) (1)(B), (C), (2). | ||
| 49 App.:2210(a)(3). | Sept. 3, 1982, |
|
| 49 App.:2210(a)(4). | Sept. 3, 1982, |
|
| 49 App.:2210(a) (5)–(10). | ||
| 49 App.:2210(a)(11). | Sept. 3, 1982, |
|
| 49 App.:2210(a)(15). | Sept. 3, 1982, |
|
| 49 App.:2210(a)(16). | Sept. 3, 1982, |
|
| 47107(b)(1), (2) | 49 App.:2208(b) (1)(E) (related to 49 App.:2210(a) (12)). | |
| 49 App.:2210(a)(12). | Sept. 3, 1982, |
|
| 47107(b)(3) | 49 App.:2210(d). | Sept. 3, 1982, |
| 47107(c)(1), (2) | 49 App.:2202(a)(24). | Sept. 3, 1982, |
| 49 App.:2208(b) (1)(E) (related to 49 App.:2210(a) (13), (14)). | ||
| 49 App.:2210(a)(13). | Sept. 3, 1982, |
|
| 49 App.:2210(a)(14). | Sept. 3, 1982, |
|
| 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, |
|
| 49 App.:2210(h). | Sept. 3, 1982, |
|
| 49 App.:2210 (note). | Oct. 31, 1992, |
|
| 47107(f) | 49 App.:2210(e). | Sept. 3, 1982, |
| 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, |
| 47107(i) | 49 App.:2210(b) (last sentence). | |
| 47107(j)(1) | 49 App.:2210(g) (4)(B), (D). | Sept. 3, 1982, |
| 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) (7)(A) | 49 App.:2210(g) (2)(A). | |
| 47107(j) (7)(B) | 49 App.:2210(g)(3). |
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
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 (
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.
References in Text
The Federal Airport Act, referred to in subsecs. (a)(13)(B) and (i), is act May 13, 1946, ch. 251,
The Airport and Airway Development Act of 1970, referred to in subsecs. (a)(13)(B) and (i), is title I of
The Federal Property and Administrative Services Act of 1949, referred to in subsec. (a)(17), is act June 30, 1949, ch. 288,
Section 111(b) of the Federal Aviation Administration Authorization Act of 1994, referred to in subsec. (k), is section 111(b) of
The date of the enactment of this subsection, referred to in subsec. (l)(1), is the date of enactment of
Amendments
1994—Subsec. (a)(15).
Subsec. (a)(19).
Subsec. (k).
Subsec. (l).
Change of Name
Committee on Public Works and Transportation of House of Representatives changed to Committee on Transportation and Infrastructure of House of Representatives by House Resolution No. 6, One Hundred Fourth Congress, Jan. 4, 1995.
Format for Reporting
Section 111(b) of
Section Referred to in Other Sections
This section is referred to in
§47108. Project grant agreements
(a)
(b)
(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
(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)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47108(a) | 49 App.:2211(a). | Sept. 3, 1982, |
| 47108(b) | 49 App.:2211(b). | Sept. 3, 1982, |
| 47108(c) | 49 App.:2211(c). | |
| 47108(d) | 49 App.:2211(d). | Sept. 3, 1982, |
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
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.
References in Text
The Airport and Airway Improvement Act of 1982, referred to in subsec. (b)(2)(A), (3), is title V of
The Airport and Airway Development Act of 1970, referred to in subsec. (c), is title I of
Section Referred to in Other Sections
This section is referred to in
§47109. United States Government's share of project costs
(a)
(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; and
(2) 90 percent for a project at any other airport.
(b)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47109(a) | 49 App.:2209(a), (b). | Sept. 3, 1982, |
| 47109(b) | 49 App.:2209(c). | |
| 47109(c) | 49 App.:2212(b)(5). | Sept. 3, 1982, |
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.
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
Amendments
1994—Subsec. (a).
Subsec. (c).
Section Referred to in Other Sections
This section is referred to in
§47110. Allowable project costs
(a)
(b)
(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; or
(C) 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;
(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
(c)
(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)
(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
(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)
(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) the Secretary decides will enhance system-wide airport capacity significantly and meets the criteria of
(3) A letter of intent issued under paragraph (1) of this subsection is not an obligation of the Government under
(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
(5) 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.
(6)
(f)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47110(a) | 49 App.:2212(a) (1st, last sentences). | Sept. 3, 1982, |
| 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), (6). | Sept. 3, 1982, |
| 47110(e) | 49 App.:2212(d). | Sept. 3, 1982, |
| 47110(f) | 49 App.:2212(c). | Sept. 3, 1982, |
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 Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47110(b) | 49 App.:2212(a) (2d sentence cls. (1), (2)(A) (words before period), (B), (3), (4)). | Sept. 3, 1982, |
| 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
1994—Subsec. (b)(2).
"(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).
Letters of Intent; Duration of Authority and Approval by Congress
Section Referred to in Other Sections
This section is referred to in
§47111. Payments under project grant agreements
(a)
(b)
(c)
(d)
(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)
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47111(a) | 49 App.:2213 (1st, 2d sentences). | Sept. 3, 1982, |
| 47111(b) | 49 App.:2213 (3d, 4th sentences). | |
| 47111(c) | 49 App.:2213 (last sentence). | |
| 47111(d) | 49 App.:2218(b) (related to payment). | Sept. 3, 1982, |
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).
Section Referred to in Other Sections
This section is referred to in
§47112. Carrying out airport development projects
(a)
(b)
(c)
(A) "disabled veteran" has the same meaning given that term in
(B) "Vietnam-era veteran" means an individual who served on active duty (as defined in
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47112(a) | 49 App.:2214(a). | Sept. 3, 1982, |
| 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
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.
References in Text
Act of March 3, 1931, referred to in subsec. (b), is act Mar. 3, 1931, ch. 411,
Section Referred to in Other Sections
This section is referred to in
§47113. Minority and disadvantaged business participation
(a)
(1) "small business concern"—
(A) has the same meaning given that term in section 3 of the Small Business Act (
(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 (
(b)
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47113(a) | 49 App.:2204(d)(2). | Sept. 3, 1982, |
| 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 (
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
1994—Subsec. (a)(2).
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§47114. Apportionments
(a)
(b)
(c)
(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; and
(iv) $.65 for each additional passenger boarding at the airport during the prior calendar year.
(B) Not less than $500,000 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.
(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.
(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.
(d)
(A) "area" includes land and water.
(B) "population" means the population stated in the latest decennial census of the United States.
(2) The Secretary shall apportion to the States 12 percent of the amount subject to apportionment for each fiscal year as follows:
(A) one percent of the apportioned amount to Guam, American Samoa, the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands.
(B) except as provided in paragraph (3) of this subsection, 49.5 percent of the apportioned amount for airports, except primary airports and airports described in
(C) except as provided in paragraph (3) of this subsection, 49.5 percent of the apportioned amount for airports, except primary airports and airports described in
(3) An amount apportioned under paragraph (2) of this subsection for an airport in—
(A) Alaska may be made available by the Secretary for a public airport described in
(B) Puerto Rico may be made available by the Secretary for a primary airport and an airport described in
(e)
(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) This subsection does not prohibit the Secretary from making project grants for airports in Alaska from the discretionary fund under
(3) 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.
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47114(a), (b) | 49 App.:2206(a) (words before cl. (1)). | Sept. 3, 1982, |
| 47114(c) (1)(A) | 49 App.:2206(a)(1). | |
| 49 App.:2206(e)(1). | Sept. 3, 1982, |
|
| 47114(c) (1)(B) | 49 App.:2206(b)(1). | Sept. 3, 1982, |
| 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, |
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 (
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47114(c) (1)(B) | 49 App.:2206(b)(1). | Sept. 3, 1982, |
| 47114(c) (3)(B) | 49 App.:2206(b)(3). | Sept. 3, 1982, |
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.
References in Text
Section 15(a) of the Airport and Airway Development Act of 1970, referred to in subsecs. (d)(3)(A) and (e)(1), (3), is section 15(a) of
Amendments
1994—Subsec. (c)(1)(B).
Subsec. (c)(3).
Effective Date of 1994 Amendment
Amendment by section 6(66)(B) of
Termination of Trust Territory of the Pacific Islands
For termination of Trust Territory of the Pacific Islands, see note set out preceding
Section Referred to in Other Sections
This section is referred to in
§47115. Discretionary fund
(a)
(1) amounts subject to apportionment for a fiscal year that are not apportioned under section 47114(c)–(e) of this title; and
(2) 25 percent of amounts not apportioned under
(b)
(c)
(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)
(1) the effect the project will have on the overall national air transportation system capacity;
(2) the project benefit and cost; and
(3) the financial commitment from non-United States Government sources to preserve or enhance airport capacity.
(e)
(f)
(1)
(2)
(f) 1
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47115(a) | 49 App.:2206(c)(1) (1st, 2d sentences). | Sept. 3, 1982, |
| 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.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47115(f) | 49 App.:2206(c)(5). | Sept. 3, 1982, |
| 49 App.:2206 (note). | May 26, 1994, |
In subsection (f), the text of section 104(b) of the Airport Improvement Program Temporary Extension Act of 1994 (
References in Text
The date of the enactment of this subsection, referred to in subsec. (f)(2), is the date of enactment of
Amendments
1994—Subsec. (f).
Section Referred to in Other Sections
This section is referred to in
1 So in original. Probably should be "(g)".
§47116. Small airport fund
(a)
(b)
(1) one-third for grants to sponsors of public-use airports (except commercial service airports).
(2) 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)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47116(a) | 49 App.:2206(d)(1) (words before "to be distributed"). | Sept. 3, 1982, |
| 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.
Section Referred to in Other Sections
This section is referred to in
§47117. Use of apportioned amounts
(a)
(b)
(c)
(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
(d)
(1)
(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)
(A) at least 5 percent for grants for reliever airports.
(B) at least 12.5 percent for grants for airport noise compatibility planning under
(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.
(E) 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, to sponsors of current or former military airports designated by the Secretary under
(2) A grant from the amount apportioned under
(3) 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
(f)
(g)
(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
(B) the amounts authorized for grants under
(h)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47117(a) | 49 App.:2207(b)(1) (related to purposes for which funds may be used). | Sept. 3, 1982, |
| 49 App.:2207(c) (1st sentence related to purposes for which funds are available). | Sept. 3, 1982, |
|
| 47117(b) | 49 App.:2207(a). | Sept. 3, 1982, |
| 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, |
| 49 App.:2207(d). | Sept. 3, 1982, |
|
| 47117(f) | 49 App.:2206(b) (5)(D). | Sept. 3, 1982, |
| 47117(g) | 49 App.:2207(e)(1). | Sept. 3, 1982, |
| 49 App.:2207(e)(2). | Sept. 3, 1982, |
|
| 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.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47117(e) | 49 App.:2207(d). | Sept. 3, 1982, |
References in Text
Section 15(a)(3) of the Airport and Airway Development Act of 1970, referred to in subsec. (e)(1)(C)(ii), is section 15(a)(3) of
Amendments
1994—Subsec. (e)(1)(A).
Subsec. (e)(1)(C).
Subsec. (e)(1)(D).
Subsec. (e)(1)(E).
Subsec. (e)(2).
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§47118. Designating current and former military airports
(a)
(b)
(c)
(d)
(e)
(1) may not be leased for more than 10 years; and
(2) is not subject to majority in interest clauses.
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47118(a) | 49 App.:2207(f)(1). | Sept. 3, 1982, |
| 47118(b) | 49 App.:2207(f)(2). | Sept. 3, 1982, |
| 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, |
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.
References in Text
The date of the enactment of this sentence, referred to in subsec. (a), is the date of enactment of
Amendments
1994—Subsec. (a).
Subsec. (d).
Subsec. (f).
Section Referred to in Other Sections
This section is referred to in
1 See References in Text note below.
§47119. Terminal development costs
(a)
(1) only if—
(A) the sponsor submits the certification required under
(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)
(1) to a sponsor of a primary airport, any part of amounts apportioned to the sponsor for the fiscal year under
(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
(A) to a sponsor of a nonprimary commercial service airport to pay project costs allowable under
(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
(4) not more than $25,000,000 to pay project costs allowable for the fiscal year under
(c)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47119(a) | 49 App.:2212(b)(4). | Sept. 3, 1982, |
| 47119(b) | 49 App.:2212(b)(2). | Sept. 3, 1982, |
| 49 App.:2212(b)(3). | Sept. 3, 1982, |
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
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.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47119(b) | 49 App.:2212(b)(2). | Sept. 3, 1982, |
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.
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
Amendments
1994—Subsec. (a).
Subsec. (b)(2).
Subsec. (b)(3).
Subsec. (b)(4).
Subsec. (c).
§47120. Grant priority
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47120 | 49 App.:2208(b)(9). | Sept. 3, 1982, |
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.
§47121. Records and audits
(a)
(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)
(c)
(d)
(e)
(f)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47121(a) | 49 App.:2217(a) (1st sentence). | Sept. 3, 1982, |
| 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.
Section Referred to in Other Sections
This section is referred to in
§47122. Administrative
(a)
(b)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47122(a) | 49 App.:2218(a). | Sept. 3, 1982, |
| 47122(b) | 49 App.:1354(c) (related to Airport and Airway Improvement Act of 1982). | Aug. 23, 1958, |
Subsection (a) is substituted for 49 App.:2218(a) to eliminate unnecessary words.
§47123. Nondiscrimination
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 (
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47123 | 49 App.:2219. | Sept. 3, 1982, |
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.
References in Text
The Civil Rights Act of 1964, referred to in text, is
§47124. Agreements for State and local operation of airport facilities
(a)
(b)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47124(a) | 49 App.:2222. | Sept. 3, 1982, |
| 47124(b)(1) | 49 App.:2222 (note). | Dec. 30, 1987, |
| 47124(b)(2) | 49 App.:1344(h). | Aug. 23, 1958, |
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.
Contract Tower Assistance
§47125. Conveyances of United States Government land
(a)
(b)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47125(a) | 49 App.:2215(a), (b). | Sept. 3, 1982, |
| 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.
§47126. Criminal penalties for false statements
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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47126 | 49 App.:2216. | Sept. 3, 1982, |
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.
§47127. Ground transportation demonstration projects
(a)
(b)
(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.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47127(a) | 49 App.:1713a(1). | July 12, 1976, |
| 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.
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
Section Referred to in Other Sections
This section is referred to in
§47128. State block grant pilot program
(a)
(b)
(A) deciding the State has an organization capable of effectively administering a block grant made under this section;
(B) deciding the State uses a satisfactory airport system planning process;
(C) deciding the State uses a programming process acceptable to the Secretary;
(D) finding that the State has agreed to comply with United States Government standard requirements for administering the block grant; and
(E) finding that the State has agreed to provide the Secretary with program information the Secretary requires.
(2) For the fiscal years ending September 30, 1993–1996, the States selected shall include Illinois, Missouri, and North Carolina.
(c)
(d)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47128(a) | 49 App.:2227(a) (1st sentence), (b) (1st sentence). | Sept. 3, 1982, |
| 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 (
Amendments
1994—Subsec. (c).
Effective Date of 1994 Amendment
Amendment by
Section Referred to in Other Sections
This section is referred to in
§47129. Resolution of airport-air carrier disputes concerning airport fees
(a)
(1)
(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)
(3)
(b)
(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)
(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)
(1)
(A)
(B)
(C)
(D)
(2)
(e)
(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 the date of the enactment of this section; or
(3) any other existing fee not in dispute as of such date of enactment.
(f)
(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 the date of the enactment of this section.
(g)
(Added
References in Text
The date of the enactment of this section, referred to in subsecs. (b), (e)(2), (3), and (f)(2), is the date of enactment of
Prior Provisions
A prior section 47129 was renumbered
§47130. Airport safety data collection
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.
(Added
§47131. Annual report
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; and
(4) an itemized statement of expenditures and receipts.
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47129 | 49 App.:2220. | Sept. 3, 1982, |
In this section, before clause (1), the words "on activities carried out" are substituted for "describing his operations" for clarity.
Amendments
1994—