2003—Pub. L. 108–176, title I, §§152(b), 158(b), 159(a)(2), 160(b), 181(b), title III, §304(b), Dec. 12, 2003, 117 Stat. 2507, 2509, 2510, 2513, 2515, 2538, added items 47138 to 47142, subchapter III heading, and items 47171 to 47175.
2000—Pub. L. 106–181, title I, §§123(a)(2), 132(b), 133(b), 134(b), 135(d)(4), Apr. 5, 2000, 114 Stat. 74, 81–83, 85, struck out item 47132 “Pavement maintenance”, added items 47135 to 47137, and substituted “conveyances” for “gifts” in item 47152.
1996—Pub. L. 104–264, title I, §§142(c), 147(c)(2), 149(a)(2), title VIII, §804(c), Oct. 9, 1996, 110 Stat. 3221, 3223, 3226, 3271, substituted “grant program” for “grant pilot program” in item 47128 and added items 47132, 47133, and 47134.
1994—Pub. L. 103–305, title I, §§113(b), 118(b), Aug. 23, 1994, 108 Stat. 1579, 1580, added items 47129 and 47130 and redesignated former item 47129 as 47131.
(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 intermodal connections on airport property between aeronautical and other transportation modes and systems to serve air transportation passengers and cargo efficiently and effectively and promote economic development;
(6) that airport development projects under this subchapter provide for the protection and enhancement of natural resources and the quality of the environment of the United States;
(7) that airport construction and improvement projects that increase the capacity of facilities to accommodate passenger and cargo traffic be undertaken to the maximum feasible extent so that safety and efficiency increase and delays decrease;
(8) to ensure that nonaviation usage of the navigable airspace be accommodated but not allowed to decrease the safety and capacity of the airspace and airport system;
(9) that artificial restrictions on airport capacity—
(A) are not in the public interest;
(B) should be imposed to alleviate air traffic delays only after other reasonably available and less burdensome alternatives have been tried; and
(C) should not discriminate unjustly between categories and classes of aircraft;
(10) that special emphasis should be placed on converting appropriate former military air bases to civil use and identifying and improving additional joint-use facilities;
(11) that the airport improvement program should be administered to encourage projects that employ innovative technology (including integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices), concepts, and approaches that will promote safety, capacity, and efficiency improvements in the construction of airports and in the air transportation system (including the development and use of innovative concrete and other materials in the construction of airport facilities to minimize initial laydown costs, minimize time out of service, and maximize lifecycle durability) and to encourage and solicit innovative technology proposals and activities in the expenditure of funding pursuant to this subchapter;
(12) that airport fees, rates, and charges must be reasonable and may only be used for purposes not prohibited by this subchapter; and
(13) that airports should be as self-sustaining as possible under the circumstances existing at each particular airport and in establishing new fees, rates, and charges, and generating revenues from all sources, airport owners and operators should not seek to create revenue surpluses that exceed the amounts to be used for airport system purposes and for other purposes for which airport revenues may be spent under section 47107(b)(1) of this title, including reasonable reserves and other funds to facilitate financing and cover contingencies.
(b)
(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;
(10) radar approach coverage for each airport terminal area; and
(11) runway and taxiway incursion prevention devices, including integrated in-pavement lighting systems for runways and taxiways.
(g)
(1)
(2)
(A) foster effective coordination between aviation planning and metropolitan planning;
(B) include an evaluation of aviation needs within the context of multimodal planning; and
(C) are integrated with metropolitan plans to ensure that airport development proposals include adequate consideration of land use and ground transportation access.
(3)
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1246; Pub. L. 103–305, title I, §§104, 110, Aug. 23, 1994, 108 Stat. 1571, 1573; Pub. L. 103–429, §6(62), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title I, §141, Oct. 9, 1996, 110 Stat. 3220; Pub. L. 106–181, title I, §§121(a), (b), 137(a), Apr. 5, 2000, 114 Stat. 74, 85.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47101(a)(1) | 49 App.:2201(a)(1), (2). | Sept. 3, 1982, Pub. L. 97–248, §§502(a)(1)–(3), (6), (b), 509(b)(5) (1st sentence, last sentence words before 11th comma), 96 Stat. 671, 672, 684. |
| 49 App.:2201(a)(9). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(9), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §102(b)(1), (c)(1), 101 Stat. 1487. | |
| 49 App.:2201(a)(10). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(10), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §102(b)(1), (c)(2), 101 Stat. 1487. | |
| 47101(a)(2) | 49 App.:2201(a)(8). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(8), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §102(b)(1), 101 Stat. 1487. |
| 47101(a)(3) | 49 App.:2201(a)(6). | |
| 47101(a)(4) | 49 App.:2201(a)(7). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(7); added Dec. 30, 1987, Pub. L. 100–223, §102(b)(2), 101 Stat. 1487. |
| 47101(a)(5) | 49 App.:2201(b) (1st sentence). | |
| 47101(a)(6) | 49 App.:2208(b)(5) (1st sentence). | |
| 47101(a)(7) | 49 App.:2201(a)(11). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(11); added Dec. 30, 1987, Pub. L. 100–223, §102(c)(3), 101 Stat. 1488. |
| 47101(a)(8) | 49 App.:2201(a)(12). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(12); added Dec. 30, 1987, Pub. L. 100–223, §102(c)(3), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, §9109(a)(1), 104 Stat. 1388–356. |
| 47101(a)(9) | 49 App.:2201(a)(13). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(13); added Dec. 30, 1987, Pub. L. 100–223, §102(c)(3), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, §§9103(2), 9109(a)(2), 104 Stat. 1388–354, 1388–356. |
| 47101(a)(10) | 49 App.:2201(a)(14). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(a)(14); added Nov. 5, 1990, Pub. L. 101–508, §9109(a)(3), 104 Stat. 1388–356. |
| 47101(b) | 49 App.:2201(c). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §502(c), (d); added Oct. 31, 1992, Pub. L. 102–581, §101, 106 Stat. 4875. |
| 47101(c) | 49 App.:2201(d). | |
| 47101(d) | 49 App.:2201(a)(5). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(5), 96 Stat. 671; Nov. 5, 1990, Pub. L. 101–508, §9103(1), 104 Stat. 1388–354. |
| 47101(e) | 49 App.:2201(a)(3). | |
| 49 App.:2202(a)(20). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(20), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. | |
| 47101(f) | 49 App.:2201(a)(4). | Sept. 3, 1982, Pub. L. 97–248, §502(a)(4), 96 Stat. 671; Dec. 30, 1987, Pub. L. 100–223, §102(a), 101 Stat. 1487. |
| 47101(g) | 49 App.:2201(b) (2d, last sentences). | |
| 47101(h) | 49 App.:2208(b)(5) (last sentence words before 11th comma). |
In subsection (a), before clause (1), the text of 49 App.:2201(a)(2), (9), and (10) is omitted as executed. The words “It is the policy of the United States” are substituted for “The Congress hereby . . . declares” in 49 App.:2201(a) (words before cl. (1)), “it is in the national interest” in 49 App.:2201(a)(12), “are not in the public interest and” in 49 App.:2201(a)(13), “It is declared to be in the national interest to” in 49 App.:2201(b), and “It is declared to be national policy that” in 49 App.:2208(b)(5) for consistency in the revised title and with other titles of the United States Code. In clause (1), the word “is” is substituted for “will continue to be” to eliminate unnecessary words. In clause (2), the words “with due regard” are omitted as surplus. In clause (3), the words “reliever airports make an important contribution to the efficient operation of the airport and airway system” are omitted as executed. In clause (4), the words “cargo hub airports play a critical role in the movement of commerce through the airport and airway system” are omitted as executed. In clause (5), the words “and promote” are omitted as surplus.
In subsection (d), the word “to” is substituted for “with due regard for the goals expressed therein of” to eliminate unnecessary words.
In subsection (e), before clause (1), the words “The facilities provided may include” are substituted for “including” because of the restatement. Clause (2) is substituted for “reliever heliports” to incorporate the definition of that term from 49 App.:2202(a)(19) into this subsection.
In subsection (f), before clause (1), the words “the goal of” are omitted as surplus.
In subsection (g), the words “formulated” and “due” are omitted as surplus. The words “process of developing airport plans and programs” are substituted for “process” for clarity.
This amends 49:47101(a)(12) to translate a cross-reference to the Airport and Airway Improvement Act of 1982 (Public Law 97–248, 96 Stat. 671) to the corresponding cross-reference of title 49, United States Code.
2000—Subsec. (a)(5). Pub. L. 106–181, §137(a), amended par. (5) generally. Prior to amendment, par. (5) read as follows: “to encourage the development of transportation systems that use various modes of transportation in a way that will serve the States and local communities efficiently and effectively;”.
Subsec. (a)(11). Pub. L. 106–181, §121(a), inserted “(including integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices)” after “employ innovative technology”.
Subsec. (f)(11). Pub. L. 106–181, §121(b), added par. (11).
1996—Subsec. (g). Pub. L. 104–264 substituted “
1994—Subsec. (a)(11). Pub. L. 103–305, §104, added par. (11).
Subsec. (a)(12). Pub. L. 103–429 substituted “subchapter” for “Act”.
Pub. L. 103–305, §110, added par. (12).
Subsec. (a)(13). Pub. L. 103–305, §110, added par. (13).
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Pub. L. 106–181, title I, §155(d), Apr. 5, 2000, 114 Stat. 89, provided that: “The Secretary [of Transportation] shall ensure that gates and other facilities are made available at costs that are fair and reasonable to air carriers at covered airports (as defined in section 47106(f)(4) [47106(f)(3)] of title 49, United States Code) where a ‘majority-in-interest clause’ of a contract or other agreement or arrangement inhibits the ability of the local airport authority to provide or build new gates or other facilities.”
Pub. L. 106–181, title I, §158, Apr. 5, 2000, 114 Stat. 90, provided that: “Notwithstanding any provision of law that specifically restricts the number of runways at a single international airport, the Secretary [of Transportation] may obligate funds made available under chapters 471 and 481 of title 49, United States Code, for any project to construct a new runway at such airport, unless this section is expressly repealed.”
Pub. L. 104–264, title I, §148, Oct. 9, 1996, 110 Stat. 3223, authorized the Secretary of Transportation until Sept. 30, 1998, to carry out a demonstration program to provide information on the use of innovative financing techniques for airport development projects to Congress and the National Civil Aviation Review Commission. See section 47135 of this title.
Section 1203 of Pub. L. 104–264 provided that: “Notwithstanding any other provision of a law, rule, or grant assurance, an airport that is not a commercial service airport may be closed by its sponsor without any obligation to repay grants made under chapter 471 of title 49, United States Code, the Airport and Airway Improvement Act of 1982 [see References in Text note set out under section 47108 of this title], or any other law if the airport is located within 2 miles of a United States Army depot which has been closed or realigned; except that in the case of disposal of the land associated with the airport, the part of the proceeds from the disposal that is proportional to the Government's share of the cost of acquiring the land shall be paid to the Secretary of Transportation for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502).”
Section 520 of Pub. L. 103–305 provided that:
“(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)
In this subchapter—
(1) “air carrier airport” means a public airport regularly served by—
(A) an air carrier certificated by the Secretary of Transportation under section 41102 of this title (except a charter air carrier); or
(B) at least one air carrier—
(i) operating under an exemption from section 41101(a)(1) of this title that the Secretary grants; and
(ii) having at least 2,500 passenger boardings at the airport during the prior calendar year.
(2) “airport”—
(A) means—
(i) an area of land or water used or intended to be used for the landing and taking off of aircraft;
(ii) an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and
(iii) airport buildings and facilities located in any of those areas; and
(B) includes a heliport.
(3) “airport development” means the following activities, if undertaken by the sponsor, owner, or operator of a public-use airport:
(A) constructing, repairing, or improving a public-use airport, including—
(i) removing, lowering, relocating, marking, and lighting an airport hazard; and
(ii) preparing a plan or specification, including carrying out a field investigation.
(B) acquiring for, or installing at, a public-use airport—
(i) a navigation aid or another aid (including a precision approach system) used by aircraft for landing at or taking off from the airport, including preparing the site as required by the acquisition or installation;
(ii) safety or security equipment, including explosive detection devices, universal access systems, and emergency call boxes, the Secretary requires by regulation for, or approves as contributing significantly to, the safety or security of individuals and property at the airport and integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices;
(iii) equipment to remove snow, to measure runway surface friction, or for aviation-related weather reporting, including closed circuit weather surveillance equipment if the airport is located in Alaska;
(iv) firefighting and rescue equipment at an airport that serves scheduled passenger operations of air carrier aircraft designed for more than 20 passenger seats;
(v) aircraft deicing equipment and structures (except aircraft deicing fluids and storage facilities for the equipment and fluids);
(vi) interactive training systems;
(vii) windshear detection equipment that is certified by the Administrator of the Federal Aviation Administration;
(viii) stainless steel adjustable lighting extensions approved by the Administrator;
(ix) engineered materials arresting systems as described in the Advisory Circular No. 150/5220–22 published by the Federal Aviation Administration on August 21, 1998, including any revision to the circular; and
(x) replacement of baggage conveyor systems, and reconfiguration of terminal baggage areas, that the Secretary determines are necessary to install bulk explosive detection devices; except that such activities shall be eligible for funding under this subchapter only using amounts apportioned under section 47114.
(C) acquiring an interest in land or airspace, including land for future airport development, that is needed—
(i) to carry out airport development described in subclause (A) or (B) of this clause; or
(ii) to remove or mitigate an existing airport hazard or prevent or limit the creation of a new airport hazard.
(D) acquiring land for, or constructing, a burn area training structure on or off the airport to provide live fire drill training for aircraft rescue and firefighting personnel required to receive the training under regulations the Secretary prescribes, including basic equipment and minimum structures to support the training under standards the Administrator of the Federal Aviation Administration prescribes.
(E) relocating after December 31, 1991, an air traffic control tower and any navigational aid (including radar) if the relocation is necessary to carry out a project approved by the Secretary under this subchapter or under section 40117.
(F) constructing, reconstructing, repairing, or improving an airport, or purchasing capital equipment for an airport, if necessary for compliance with the responsibilities of the operator or owner of the airport under the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), except constructing or purchasing capital equipment that would benefit primarily a revenue-producing area of the airport used by a nonaeronautical business.
(G) acquiring land for, or work necessary to construct, a pad suitable for deicing aircraft before takeoff at a commercial service airport, including constructing or reconstructing paved areas, drainage collection structures, treatment and discharge systems, appropriate lighting, paved access for deicing vehicles and aircraft, but not including acquiring aircraft deicing fluids or constructing or reconstructing storage facilities for aircraft deicing equipment or fluids.
(H) routine work to preserve and extend the useful life of runways, taxiways, and aprons at nonhub airports and airports that are not primary airports, under guidelines issued by the Administrator of the Federal Aviation Administration.
(I) constructing, reconstructing, or improving an airport, or purchasing nonrevenue generating capital equipment to be owned by an airport, for the purpose of transferring passengers, cargo, or baggage between the aeronautical and ground transportation modes on airport property.
(J) constructing an air traffic control tower or acquiring and installing air traffic control, communications, and related equipment at an air traffic control tower under the terms specified in section 47124(b)(4).
(K) work necessary to construct or modify airport facilities to provide low-emission fuel systems, gate electrification, and other related air quality improvements at a commercial service airport if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a) 1 and if such project will result in an airport receiving appropriate emission credits, as described in section 47139.
(L) a project for the acquisition or conversion of vehicles and ground support equipment, owned by a commercial service airport, to low-emission technology, if the airport is located in an air quality nonattainment or maintenance area (as defined in sections 171(2) and 175A of the Clean Air Act (42 U.S.C. 7501(2); 7505a) 1 and if such project will result in an airport receiving appropriate emission credits as described in section 47139.
(4) “airport hazard” means a structure or object of natural growth located on or near a public-use airport, or a use of land near the airport, that obstructs or otherwise is hazardous to the landing or taking off of aircraft at or from the airport.
(5) “airport planning” means planning as defined by regulations the Secretary prescribes and includes integrated airport system planning.
(6) “amount made available under section 48103” or “amount newly made available” means the amount authorized for grants under section 48103 as that amount may be limited in that year by a subsequent law, but as determined without regard to grant obligation recoveries made in that year or amounts covered by section 47107(f).
(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) “large hub airport” means a commercial service airport that has at least 1.0 percent of the passenger boardings.
(11) “low-emission technology” means technology for vehicles and equipment whose emission performance is the best achievable under emission standards established by the Environmental Protection Agency and that relies exclusively on alternative fuels that are substantially nonpetroleum based, as defined by the Department of Energy, but not excluding hybrid systems or natural gas powered vehicles.
(12) “medium hub airport” means a commercial service airport that has at least 0.25 percent but less than 1.0 percent of the passenger boardings.
(13) “nonhub airport” means a commercial service airport that has less than 0.05 percent of the passenger boardings.
(14) “passenger boardings”—
(A) means, unless the context indicates otherwise, revenue passenger boardings in the United States in the prior calendar year 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.
(15) “primary airport” means a commercial service airport the Secretary determines to have more than 10,000 passenger boardings each year.
(16) “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.
(17) “project cost” means a cost involved in carrying out a project.
(18) “project grant” means a grant of money the Secretary makes to a sponsor to carry out at least one project.
(19) “public agency” means—
(A) a State or political subdivision of a State;
(B) a tax-supported organization; or
(C) an Indian tribe or pueblo.
(20) “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.
(21) “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.
(22) “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.
(23) “small hub airport” means a commercial service airport that has at least 0.05 percent but less than 0.25 percent of the passenger boardings.
(24) “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.
(25) “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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1248; Pub. L. 103–305, title I, §105, Aug. 23, 1994, 108 Stat. 1572; Pub. L. 104–264, title I, §142(b)(1), Oct. 9, 1996, 110 Stat. 3221; Pub. L. 106–181, title I, §§121(c), 122, 123(b), 137(b), title V, §514(a), Apr. 5, 2000, 114 Stat. 74, 75, 85, 144; Pub. L. 107–71, title I, §119(a)(1), (5), Nov. 19, 2001, 115 Stat. 628, 629; Pub. L. 108–7, div. I, title III, §370(a), Feb. 20, 2003, 117 Stat. 424; Pub. L. 108–176, title I, §§141, 142, 159(b)(1), (d), title VIII, §801(a), Dec. 12, 2003, 117 Stat. 2503, 2510, 2511, 2586.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47102(1) | (no source). | |
| 47102(2) | 49 App.:2202(a)(1). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(1), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §103(a), 101 Stat. 1488. |
| 49 App.:2202(a)(21). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(13)–(19), (21)–(23), 96 Stat. 673, 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. | |
| 47102(3) | 49 App.:2202(a)(2). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(2), 96 Stat. 672; Dec. 30, 1987, Pub. L. 100–223, §103(b), 101 Stat. 1488; Nov. 5, 1990, Pub. L. 101–508, §9102, 104 Stat. 1388–354; Oct. 31, 1992, Pub. L. 102–581, §112(a), (b), 106 Stat. 4880. |
| 47102(4) | 49 App.:2202(a)(3). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(3)–(5), (7), (8), (b), 96 Stat. 673, 674. |
| 47102(5) | 49 App.:2202(a)(4). | |
| 47102(6) | 49 App.:2202(b). | |
| 47102(7) | 49 App.:2202(a)(5). | |
| 47102(8) | 49 App.:2202(a)(7). | |
| 47102(9) | 49 App.:2202(a)(9). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §503(a)(9); added Dec. 30, 1987, Pub. L. 100–223, §103(c)(2), 101 Stat. 1488. |
| 47102(10) | 49 App.:2202(a)(10). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(10), 96 Stat. 673; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), (d), 101 Stat. 1488; Oct. 31, 1992, Pub. L. 102–581, §115, 106 Stat. 4881. |
| 47102(11) | 49 App.:2202(a)(12). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(12), 96 Stat. 673; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), (e), 101 Stat. 1488. |
| 47102(12) | 49 App.:2202(a)(13). | |
| 47102(13) | 49 App.:2202(a)(14). | |
| 47102(14) | 49 App.:2202(a)(15). | |
| 47102(15) | 49 App.:2202(a)(16). | |
| 47102(16) | 49 App.:2202(a)(8), (17). | |
| 47102(17) | 49 App.:2202(a)(18). | |
| 47102(18) | 49 App.:2202(a)(19). | |
| 47102(19) | 49 App.:2202(a)(22). | |
| 47102(20) | 49 App.:2202(a)(23). |
In this section, before clause (1), the words “In this subchapter” are substituted for “As used in this chapter” and “Whenever in this chapter reference is made to . . . such reference shall mean” for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.
Clause (1) restates the definition of “air carrier airport” that was contained in section 11(1) of the Airport and Airway Development Act of 1970 as in effect both on February 18, 1980, and immediately before September 3, 1982. The clause is added to this section to eliminate the cross-references to definitions in section 11 of the Airport and Airway Development Act of 1970 that are contained in the source provisions restated in sections 47106(d) and 47119(a) of the revised title. Because some of the terms used in the definition of “air carrier airport” were themselves defined in section 11, the definitions of those terms are incorporated in the definition added in clause (1) to the extent they differ from the definitions of those terms restated in this section. The words “Secretary of Transportation” and “Secretary” are substituted for “Civil Aeronautics Board” because of the transfer of authority under 49 App.:1551(b)(1)(E).
In clause (2), before subclause (A), the text of 49 App.:2202(a)(21) is omitted as surplus because the complete name of the Secretary of Transportation is used the first time the term appears in a section. In subclause (A)(iii), the words “those areas” are substituted for “thereon” for clarity.
In clause (3)(A), before subclause (i), the words “any work involved in” and “or portion thereof” are eliminated as unnecessary. The word “reconstructing” is omitted as being included in “constructing”. In subclause (ii), the words “carrying out a field investigation” are substituted for “field investigations incidental thereto” for clarity.
In clause (3)(B), before subclause (i), the word “for” is substituted for “by” for clarity. In subclause (i), the words “required by the acquisition or installation” are substituted for “thereby required” for clarity. In subclause (ii), the word “individuals” is substituted for “persons” for clarity and consistency in the revised title and with other titles of the Code.
In clause (3)(C), before subclause (i), the words “interest in land or airspace” are substituted for “land or of any interest therein, or of any easement through or other interest in airspace” to eliminate unnecessary words. In subclause (ii), the words “existing airport hazard . . . the creation of a new airport hazard” are added for clarity and consistency in this chapter.
In clause (3)(D), the words “any . . . work involved to” are omitted as surplus. The word “Secretary” is substituted for “Department of Transportation” because of 49:102(b). The words “Administrator of the” are added because of 49:106(b).
In clause (4), the word “near” is substituted for “in the vicinity of” to eliminate unnecessary words. The words “obstructs or otherwise is hazardous to the landing or taking off” are substituted for “obstructs the airspace required for the flight of aircraft in landing or taking off . . . or is otherwise hazardous to such landing or taking off” for clarity and to eliminate unnecessary words.
In clause (6), the words “for a fiscal year . . . for that fiscal year” are omitted as surplus. The words “authorized for grants” are substituted for “made available for obligation” for clarity and consistency. The word “law” is substituted for “Act of Congress” for consistency in the revised title and with other titles of the Code. The words “or limited” are omitted as surplus.
In clause (8), before subclause (A), the words “the initial as well as continuing” and “nature” are omitted as surplus. In subclause (C), the words “needed to decide which aeronautical needs should be met” are substituted for “as may be necessary to determine the short-, intermediate-, and long-range aeronautical demands required to be met” for clarity and to eliminate unnecessary words. The word “particular” is eliminated as unnecessary. In subclause (D), the word “prescribed” is substituted for “the establishment . . . of” for consistency in the revised title and with other titles of the Code.
In clause (9), the words “scheduled and nonscheduled” are omitted as surplus. The word “cargo” is substituted for “property (including mail)” for consistency in the revised title.
In clause (10), before subclause (A), the words “passenger boardings” are substituted for “passengers enplaned” for clarity. In subclause (A), the words “domestic, territorial, and international”, “in the States”, “scheduled and nonscheduled”, and “intrastate, interstate, and foreign” are omitted as surplus. In subclause (B), the words “who continue on an aircraft in” are substituted for “on board” for clarity. (See Cong. Rec., pp. S15296, 15297, Oct. 28, 1987, daily ed.). The words “that stops” are substituted for “which transit” for clarity. The word “located” is omitted as surplus.
In clause (12), the words “included in one project grant application” are substituted for “submitted together”, and the words “or all projects to be undertaken” are substituted for “including the combined submission of all projects”, for clarity and consistency in this chapter.
In clause (15)(A), the words “or any agency of a State, a municipality . . . other” are omitted as surplus.
In clause (19)(A), the words “either individually or jointly with one or more other public agencies” are omitted as surplus.
In clause (20), the words “the Commonwealth of” and “the Government of” are omitted as surplus.
The Americans with Disabilities Act of 1990, referred to in par. (3)(F), is Pub. L. 101–336, July 26, 1990, 104 Stat. 327, which is classified principally to chapter 126 (§12101 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 12101 of Title 42 and Tables.
The Clean Air Act, referred to in par. (3)(F), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
The Federal Water Pollution Control Act, referred to in par. (3)(F), is act June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, §2, Oct. 18, 1972, 86 Stat. 816, which is classified generally to chapter 26 (§1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see Short Title note set out under section 1251 of Title 33 and Tables.
2003—Par. (3)(B)(x). Pub. L. 108–176, §142, inserted “; except that such activities shall be eligible for funding under this subchapter only using amounts apportioned under section 47114” before period at end.
Par. (3)(H). Pub. L. 108–176, §141, inserted “nonhub airports and” before “airports that are not primary airports”.
Par. (3)(J). Pub. L. 108–176, §159(b)(1)(A), redesignated subpar. (M) as (J) and struck out former subpar. (J) which read as follows: “in fiscal year 2002, any additional security related activity required by law or by the Secretary after September 11, 2001, and before October 1, 2002.”
Par. (3)(K), (L). Pub. L. 108–176, §159(b)(1), added subpars. (K) and (L) and struck out former subpars. (K) and (L) which read as follows:
“(K) in fiscal year 2002 with respect to funds apportioned under section 47114 in fiscal years 2001 and 2002, any activity, including operational activities, of an airport that is not a primary airport if that airport is located within the confines of enhanced class B airspace, as defined by Notice to Airmen FDC 1/0618 issued by the Federal Aviation Administration and the activity was carried out when any restriction in the Notice is in effect.
“(L) in fiscal year 2002, payments for debt service on indebtedness incurred to carry out a project at an airport owned or controlled by the sponsor or at a privately owned or operated airport passenger terminal financed by indebtedness incurred by the sponsor if the Secretary determines that such payments are necessary to prevent a default on the indebtedness.”
Par. (3)(M). Pub. L. 108–176, §159(b)(1)(A), redesignated subpar. (M) as (J).
Pub. L. 108–7 added subpar. (M).
Par. (6). Pub. L. 108–176, §801(a)(6), added par. (6) and struck out former par. (6) which read as follows: “ ‘amount made available under section 48103 of this title’ means the amount authorized for grants under section 48103 of this title as reduced by any law enacted after September 3, 1982.”
Par. (10). Pub. L. 108–176, §801(a)(5), added par. (10). Former par. (10) redesignated (14).
Par. (10)(A), (B). Pub. L. 108–176, §801(a)(3), added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:
“(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.”
Par. (11). Pub. L. 108–176, §159(d), amended section as amended by Pub. L. 108–176, §801, by adding par. (11).
Pub. L. 108–176, §801(a)(4), redesignated par. (11) as (15).
Pars. (12) to (18). Pub. L. 108–176, §801(a)(4), (5), added pars. (12) and (13) and redesignated pars. (10) to (14) as (14) to (18), respectively. Former pars. (15) to (18) redesignated (19) to (22), respectively.
Pars. (19), (20). Pub. L. 108–176, §801(a)(4), redesignated pars. (15) and (16) as (19) and (20), respectively. Former pars. (19) and (20) redesignated (24) and (25), respectively.
Pars. (21) and (22). Pub. L. 108–176, §801(a)(4), redesignated pars. (17) and (18) as pars. (21) and (22), respectively.
Par. (23). Pub. L. 108–176, §801(a)(2), added par. (23).
Pars. (24), (25). Pub. L. 108–176, §801(a)(1), redesignated pars. (19) and (20) as (24) and (25), respectively.
2001—Par. (3)(B)(x). Pub. L. 107–71, §119(a)(5), added cl. (x).
Par. (3)(J) to (L). Pub. L. 107–71, §119(a)(1), added subpars. (J) to (L).
2000—Par. (3)(B)(ii). Pub. L. 106–181, §121(c)(1), substituted “, universal access systems, and emergency call boxes,” for “and universal access systems,” and inserted “and integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices” before semicolon at end.
Par. (3)(B)(iii). Pub. L. 106–181, §121(c)(2), inserted before semicolon at end “, including closed circuit weather surveillance equipment if the airport is located in Alaska”.
Par. (3)(B)(vii), (viii). Pub. L. 106–181, §122, added cls. (vii) and (viii).
Par. (3)(B)(ix). Pub. L. 106–181, §514(a), added cl. (ix).
Par. (3)(H). Pub. L. 106–181, §123(b), added subpar. (H).
Par. (3)(I). Pub. L. 106–181, §137(b), added subpar. (I).
1996—Par. (3)(E). Pub. L. 104–264, §142(b)(1)(A), inserted “or under section 40117” before period at end.
Par. (3)(F). Pub. L. 104–264, §142(b)(1)(B), struck out “paid for by a grant under this subchapter and” after “airport, if”.
1994—Par. (3)(B)(ii). Pub. L. 103–305 inserted “, including explosive detection devices and universal access systems,” after “or security equipment”.
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Pub. L. 108–176, title I, §159(b)(2), Dec. 12, 2003, 117 Stat. 2510, provided that:
“(A)
“(B)
1 So in original. There probably should be a second closing parenthesis.
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1251.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47103(a) | 49 App.:2203(a)(1) (2d–last sentences). | Sept. 3, 1982, Pub. L. 97–248, §504(a)(1), 96 Stat. 675; Dec. 30, 1987, Pub. L. 100–223, §104(a)(1)(A), (2), 101 Stat. 1489. |
| 47103(b) | 49 App.:2203(a)(2). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §504(a)(2); added Dec. 30, 1987, Pub. L. 100–223, §104(a)(1)(B), 101 Stat. 1489. |
| 49 App.:2203(c). | Sept. 3, 1982, Pub. L. 97–248, §504(c), 96 Stat. 676. | |
| 47103(c) | 49 App.:2203(d)(1). | Sept. 3, 1982, Pub. L. 97–248, §504(d)(1), 96 Stat. 676; Dec. 30, 1987, Pub. L. 100–223, §104(b)(2), 101 Stat. 1489. |
| 47103(d) | 49 App.:2203(a)(1) (1st sentence). |
In subsection (a), before clause (1), the words “shall maintain” and “In maintaining” are substituted for “In reviewing and revising” for clarity and consistency in the revised title. The word “named” is substituted for “After September 3, 1982, the revised national airport system plan shall be known as”, and the words “the national defense requirements of the Secretary of Defense” are substituted for “requirements in support of the national defense as determined by the Secretary of Defense”, to eliminate unnecessary words. The words “included in the plan may not be limited to meeting the needs of any particular” are substituted for “identified by this plan shall not be limited to the requirements of any” for clarity and consistency in this section. The words “among other things” are omitted as surplus.
In subsection (b), before clause (1), the words “In maintaining” are substituted for “In reviewing and revising” for consistency in this section. In clause (1), the words “departments, agencies, and instrumentalities of the United States Government” are substituted for “Federal . . . agencies” for consistency in the revised title and with other titles of the United States Code. In clauses (2) and (3), the words “As soon as feasible following December 30, 1987” are omitted as obsolete. In clause (3), the word “legitimate” is omitted as surplus.
In subsection (c), the words “Secretary of Defense” are substituted for “Department of Defense” because of 10:133.
In subsection (d), the words “Not later than two years after September 3, 1982” are omitted as executed.
(a)
(b)
(c)
(1) remaining available after that date under section 47117(b) of this title; or
(2) recovered by the United States Government from grants made under this chapter if the amounts are obligated only for increases under section 47108(b)(2) and (3) of this title in the maximum amount of obligations of the Government for any other grant made under this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1252; Pub. L. 103–305, title I, §101(b), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 103–429, §6(63), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title I, §101(b), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 105–277, div. C, title I, §110(b)(2), Oct. 21, 1998, 112 Stat. 2681–587; Pub. L. 106–6, §2(b), Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–31, title VI, §6002(b), May 21, 1999, 113 Stat. 113; Pub. L. 106–59, §1(b), Sept. 29, 1999, 113 Stat. 482; Pub. L. 106–181, title I, §101(b), Apr. 5, 2000, 114 Stat. 65; Pub. L. 108–176, title I, §101(b), Dec. 12, 2003, 117 Stat. 2494; Pub. L. 110–190, §4(b), Feb. 28, 2008, 122 Stat. 644; Pub. L. 110–253, §4(b), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, §4(b), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §4(b), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §4(b), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §4(b), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §4(b), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §4(b), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §4(b), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §103, Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §4(b), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §4(b), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §4(b), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §4(b), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §4(b), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §4(b), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §204(b), Sept. 16, 2011, 125 Stat. 358.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47104(a) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2204(a) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §505(a) (1st sentence), 96 Stat. 676. | |
| 47104(b) | 49 App.:2204(b)(1) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §505(b)(1), 96 Stat. 677; Nov. 5, 1990, Pub. L. 101–508, §9104(2), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, §102(b), 106 Stat. 4877. |
| 47104(c) | 49 App.:2204(b)(1) (last sentence). |
In subsection (a), the words “project grants” are substituted for “grants . . . for airport development and airport planning by project grants” in 49 App.:2204(a) to eliminate unnecessary words and because of the definitions of “project” and “project grant” in section 47102 of the revised title.
In subsection (b), the words “and such authority shall exist with respect to funds available for the making of grants for any fiscal year or part thereof pursuant to subsection (a) of this section” are omitted as surplus.
In subsection (c), the words “except for obligations of amounts” are substituted for “except that nothing in this section shall preclude the obligation by grant agreement of apportioned funds” to eliminate unnecessary words.
| 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, Pub. L. 97–248, §505(b)(1) (last sentence), as amended May 26, 1994, Pub. L. 103–260, §109, 108 Stat. 700. |
In subsection (c), the text of section 109(b) of the Airport Improvement Program Temporary Extension Act of 1994 (Public Law 103–260, 108 Stat. 700) is omitted as executed.
2011—Subsec. (c). Pub. L. 112–30 substituted “January 31, 2012,” for “September 16, 2011,” in introductory provisions.
Pub. L. 112–27 substituted “September 16, 2011,” for “July 22, 2011,” in introductory provisions.
Pub. L. 112–21 substituted “July 22, 2011,” for “June 30, 2011,” in introductory provisions.
Pub. L. 112–16 substituted “June 30, 2011,” for “May 31, 2011,” in introductory provisions.
Pub. L. 112–7 substituted “May 31, 2011,” for “March 31, 2011,” in introductory provisions.
2010—Subsec. (c). Pub. L. 111–329 substituted “March 31, 2011,” for “December 31, 2010,” in introductory provisions.
Pub. L. 111–249 substituted “December 31, 2010,” for “September 30, 2010,” in introductory provisions.
Pub. L. 111–216 substituted “September 30, 2010,” for “August 1, 2010,” in introductory provisions.
Pub. L. 111–197 substituted “August 1, 2010,” for “July 3, 2010,” in introductory provisions.
Pub. L. 111–161 substituted “July 3, 2010,” for “April 30, 2010,” in introductory provisions.
Pub. L. 111–153 substituted “April 30, 2010,” for “March 31, 2010,” in introductory provisions.
2009—Subsec. (c). Pub. L. 111–116 substituted “March 31, 2010,” for “December 31, 2009,” in introductory provisions.
Pub. L. 111–69 substituted “December 31, 2009,” for “September 30, 2009,” in introductory provisions.
Pub. L. 111–12 substituted “September 30, 2009,” for “March 31, 2009,” in introductory provisions.
2008—Subsec. (c). Pub. L. 110–330 substituted “March 31, 2009,” for “September 30, 2008,” in introductory provisions.
Pub. L. 110–253 substituted “September 30, 2008,” for “June 30, 2008,” in introductory provisions.
Pub. L. 110–190 substituted “June 30, 2008,” for “September 30, 2007,” in introductory provisions.
2003—Subsec. (c). Pub. L. 108–176 substituted “September 30, 2007” for “September 30, 2003” in introductory provisions.
2000—Subsec. (c). Pub. L. 106–181 substituted “September 30, 2003,” for “September 30, 1999,” in introductory provisions.
1999—Subsec. (c). Pub. L. 106–59 substituted “September 30, 1999” for “August 6, 1999” in introductory provisions.
Pub. L. 106–31 substituted “August 6, 1999” for “May 31, 1999” in introductory provisions.
Pub. L. 106–6 substituted “May” for “March” in introductory provisions.
1998—Subsec. (c). Pub. L. 105–277 substituted “March 31, 1999” for “September 30, 1998” in introductory provisions.
1996—Subsec. (c). Pub. L. 104–264 substituted “1998” for “1996” in introductory provisions.
1994—Subsec. (c). Pub. L. 103–429 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “After September 30, 1996, the Secretary may not incur obligations under subsection (b) of this section, except for obligations of amounts remaining available after that date under section 47117(b) of this title.”
Pub. L. 103–305 substituted “After September 30, 1996, the Secretary” for “After September 30, 1993, the Secretary”.
Pub. L. 110–253, §4(c), June 30, 2008, 122 Stat. 2418, provided that: “The amendments made by this section [amending this section and section 48103 of this title] shall take effect on July 1, 2008.”
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Pub. L. 106–181, title I, §139, Apr. 5, 2000, 114 Stat. 85, provided that:
“(a)
“(b)
“(1) the Administrator approves the application using criteria established by the Administrator;
“(2) the design-build contract is in a form that is approved by the Administrator;
“(3) the Administrator is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design adequate for the Administrator to approve the grant;
“(4) use of a design-build contract will be cost effective and expedite the project;
“(5) the Administrator is satisfied that there will be no conflict of interest; and
“(6) the Administrator is satisfied that the selection process will be as open, fair, and objective as the competitive bid system and that at least three or more bids will be submitted for each project under the selection process.
“(c)
“(d)
“(e)
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1253; Pub. L. 103–305, title I, §§106, 107(a), Aug. 23, 1994, 108 Stat. 1572.)
| 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, Pub. L. 97–248, §§509(a)(1), (c), (d), 511(c), 96 Stat. 682, 685, 688. |
| 47105(a) (1)(B) | 49 App.:2208(a)(3). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §509(a)(3); added Dec. 30, 1987, Pub. L. 100–223, §108, 101 Stat. 1498. |
| 47105(a)(2) | 49 App.:2210(c). | |
| 47105(a)(3) | 49 App.:2208(a)(1) (3d sentence). | |
| 47105(b) | 49 App.:2208(a)(1) (1st sentence related to form and contents, 2d, last sentences). | |
| 47105(c) | 49 App.:2208(c). | |
| 47105(d) | 49 App.:2208(d). | |
| 47105(e) | 49 App.:2208(e). | Sept. 3, 1982, Pub. L. 97–248, §509(e), 96 Stat. 685; Dec. 30, 1987, Pub. L. 100–223, §106(b)(3)(B), 101 Stat. 1498. |
In subsection (a)(1), before clause (A), the words “Subject to the provisions of this subsection” are omitted as surplus. The words “for one or more projects” are omitted as surplus because of the definition of “project grant” in section 47102 of the revised title. Clause (A) is substituted for “(A) any public agency, or two or more public agencies acting jointly, or (B) any sponsor of a public-use airport, or two or more such sponsors, acting jointly” because of the definition of “sponsor” in section 47102 of the revised title.
In subsection (a)(2), the word “Before” is substituted for “In” as the more appropriate word. The words “at an airport” are substituted for “at which such project is proposed” to eliminate unnecessary words. The words “airport users that will be affected by the project” are substituted for “affected parties” for clarity.
Subsection (a)(3) is substituted for 49 App.:2208(a)(1) (3d sentence) to eliminate unnecessary words.
In subsection (b)(1), the words “shall describe” are substituted for “setting forth” for clarity.
In subsection (b)(2), the word “project” is substituted for “airport development or airport planning” because of the definition of “project” in section 47102 of the revised title. The words “prepared pursuant to section 2203 of the Appendix” are eliminated as unnecessary.
In subsection (c), the words “from time to time” are eliminated as unnecessary.
In subsection (d), the words “in connection with any project” are omitted as surplus. The words “that the sponsor will comply with this subchapter in carrying out the project” are substituted for “that such sponsor will comply with all of the statutory and administrative requirements imposed on such sponsor under this chapter in connection with such project” to eliminate unnecessary words. The words “or discharge” are omitted as included in “affect”. The words “including, but not limited to, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 303 of title 49, title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000b) [42 U.S.C. 2000d et seq.], title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.), and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.)” are omitted as included in “another law of the United States”.
In subsection (e), the words “of an airport for which” are substituted for “to which” for clarity.
1994—Subsec. (a)(1)(B). Pub. L. 103–305, §106, in introductory provisions, substituted “1 or more airports” for “at least 2 airports” in two places and struck out “similar” before “projects”.
Subsecs. (e), (f). Pub. L. 103–305, §107(a), added subsec. (e) and redesignated former subsec. (e) as (f).
(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;
(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; and
(iii) with respect to an airport development project involving the location of an airport, runway, or major runway extension at a medium or large hub airport, the airport sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted; and
(B) 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 3” 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) The Secretary may make a finding under paragraph (1)(B) 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.
(f)
(1)
(2)
(3)
(4)
(A) that has more than .25 percent of the total number of passenger boardings each year at all such airports; and
(B) at which one or two air carriers control more than 50 percent of the passenger boardings.
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1254; Pub. L. 103–305, title I, §§108, 109, Aug. 23, 1994, 108 Stat. 1573; Pub. L. 106–181, title I, §155(b), Apr. 5, 2000, 114 Stat. 88; Pub. L. 107–71, title I, §123(a), Nov. 19, 2001, 115 Stat. 630; Pub. L. 107–296, title IV, §426(b), Nov. 25, 2002, 116 Stat. 2187; Pub. L. 108–176, title I, §187, title III, §305, Dec. 12, 2003, 117 Stat. 2518, 2539.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47106(a) | 49 App.:2208(b) (1)(A)–(D). | Sept. 3, 1982, Pub. L. 97–248, §§503(a)(8), 509(b)(1)(A)– (D), (2)–(4), (5) (last sentence words after 11th comma), (6)(B)–(8), 96 Stat. 673, 683, 684. |
| 47106(b) | 49 App.:2202(a)(8). | |
| 49 App.:2208(b) (2)–(4). | ||
| 47106(c) (1)(A) | 49 App.:2208(b)(6)(A). | Sept. 3, 1982, Pub. L. 97–248, §509(b)(6)(A), 96 Stat. 684; Oct. 31, 1992, Pub. L. 102–581, §113(b), 106 Stat. 4881. |
| 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, Pub. L. 91–258, 84 Stat. 219, §31; added Feb. 18, 1980, Pub. L. 96–193, §206, 94 Stat. 55; Sept. 3, 1982, Pub. L. 97–248, §524(e), 96 Stat. 697. |
| 47106(e) | 49 App.:2218(b) (related to application). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §519(b) (related to application); added Dec. 30, 1987, Pub. L. 100–223, §112(2), 101 Stat. 1504. |
In subsection (a)(1), the word “reasonably” is omitted as surplus.
In subsection (a)(2), the words “carrying out” are substituted for “accomplishment of the purposes of” for consistency in the revised title.
In subsection (a)(3), the words “that portion of” are omitted as surplus.
In subsection (a)(5), the words “which submitted the project grant application” and “legal” are omitted as surplus.
In subsection (b), before clause (1), the words “for an airport” are added for clarity. In clause (1), the words “or an agency thereof” are omitted surplus. In clause (3), the words “that the Secretary . . . decides is necessary” are substituted for “when it is determined by the Secretary that any such item is required” to eliminate unnecessary words.
In subsection (c)(1)(B), before subclause (i), the words “chief executive officer” are substituted for “Governor” because this chapter applies to the District of Columbia which does not have a Governor. The words “except that the Administrator of the Environmental Protection Agency shall make the certification instead of the chief executive officer if” are substituted for “In any case where . . . certification shall be obtained from such Administrator” for clarity. Subclause (i) is substituted for “such standards have not been approved” for clarity.
In subsection (c)(2), before clause (A), the words “Notwithstanding any other provision of law” are omitted as surplus. The words “that does not involve the location of an airport or runway, or a major runway extension” are substituted for “(other than an airport development project in which paragraph (7)(A) applies)” for clarity. The words “the preparation of” are omitted as surplus. In clause (B), the words “statutory and administrative” are omitted as surplus.
In subsection (c)(4)(A), the words “to the Secretary” are added for clarity.
In subsection (c)(5), the words “full and” are omitted as surplus. The words “in writing” are omitted as surplus because of the requirement that the decision be a matter of public record.
In subsection (d)(1), the words “(as defined by section 1711(8) of this Appendix, as in effect on February 18, 1980)” are omitted because of the definition of “air carrier airport” in section 47102 of the revised title.
In subsection (d)(2), the words “Notwithstanding any other provision of the Airport and Airway Improvement Act of 1982 [49 App. U.S.C. 2201 et seq.]” and “single” are omitted as surplus.
In subsection (e)(1) and (2), the word “sponsor” is substituted for “applicant” for consistency.
In subsection (e)(1), before clause (A), the words “under this subchapter” are added for consistency in this section. The word “other” is omitted as surplus.
In subsection (e)(2)(A), the word “mutual” is omitted as surplus.
In subsection (e)(3), the words “adversely affected” are substituted for “aggrieved” for consistency in the revised title and with other titles of the United States Code. The words “the date on which” are omitted as surplus.
2003—Subsec. (c)(1)(A)(iii). Pub. L. 108–176, §305(1), inserted “and” after semicolon at end.
Pub. L. 108–176, §187, added cl. (iii).
Subsec. (c)(1)(B), (C). Pub. L. 108–176, §305(2), (3), redesignated subpar. (C) as (B) and struck out former subpar. (B) which read as follows: “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”.
Subsec. (c)(2)(A). Pub. L. 108–176, §305(4), substituted “stage 3” for “stage 2”.
Subsec. (c)(4), (5). Pub. L. 108–176, §305(5)–(7), redesignated par. (5) as (4), substituted “paragraph (1)(B)” for “paragraph (1)(C)”, and struck out former par. (4) which read as follows:
“(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.”
2002—Subsec. (g). Pub. L. 107–296 added subsec. (g).
2001—Subsec. (f)(3), (4). Pub. L. 107–71, which directed the amendment of section 47106(f) by adding par. (3) and redesignating former par. (3) as (4), without specifying the Code title to be amended, was executed by making the amendments to this section, to reflect the probable intent of Congress.
2000—Subsec. (f). Pub. L. 106–181 added subsec. (f).
1994—Subsecs. (d), (e). Pub. L. 103–305 added subsec. (e), redesignated former subsec. (e) as (d), and struck out former subsec. (d) which read as follows:
“(d)
“(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.”
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Domestic Security.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Pub. L. 106–181, title III, §310, Apr. 5, 2000, 114 Stat. 128, provided that:
“(a)
“(b)
“(1) the current level of coordination among Federal and State agencies in conducting environmental reviews in the planning and approval of airport improvement projects;
“(2) the role of public involvement in the planning and approval of airport improvement projects;
“(3) the staffing and other resources associated with conducting such environmental reviews; and
“(4) the time line for conducting such environmental reviews.
“(c)
“(d)
Pub. L. 106–181, title V, §514(c), Apr. 5, 2000, 114 Stat. 144, provided that: “In making grants under section 47104 of title 49, United States Code, for engineered materials arresting systems, the Secretary [of Transportation] shall require the sponsor to demonstrate that the effects of jet blasts have been adequately considered.”
Pub. L. 106–181, title V, §514(d), Apr. 5, 2000, 114 Stat. 144, provided that: “In any case in which an airport's runways are constrained by physical conditions, the Secretary [of Transportation] shall consider alternative means for ensuring runway safety (other than a safety overrun area) when prescribing conditions for grants for runway rehabilitation.”
Pub. L. 106–181, title VII, §737, Apr. 5, 2000, 114 Stat. 172, provided that: “Notwithstanding any other provision of law, in order to avoid unnecessary duplication of expense and effort, the Secretary [of Transportation] may authorize the use, in whole or in part, of a completed environmental assessment or environmental impact study for new construction projects on the air operations area of an airport, if the completed assessment or study was for a project at the airport that is substantially similar in nature to the new project. Any such authorized use shall meet all requirements of Federal law for the completion of such an assessment or study.”
(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 chapter 11 of title 40 or an equivalent qualifications-based requirement prescribed for or by the sponsor;
(18) the airport and each airport record will be available for inspection by the Secretary on reasonable request, and a report of the airport budget will be available to the public at reasonable times and places;
(19) the airport owner or operator will submit to the Secretary and make available to the public an annual report listing in detail—
(A) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
(B) all services and property provided to other units of government and the amount of compensation received for provision of each such service and property;
(20) the airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, but the sponsor does not have any obligation under this paragraph, or because of it, to fund special facilities for intercity bus service or for other modes of transportation; and
(21) if the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long-term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose.
(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 (26 U.S.C. 9502) or, as the Secretary prescribes, reinvested in an approved noise compatibility project, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program; or
(B) if the land was or will be acquired for an airport purpose (except a noise compatibility purpose)—
(i) the owner or operator, when the land no longer is needed for an airport purpose, will dispose of the land at fair market value or make available to the Secretary an amount equal to the Government's proportional share of the fair market value;
(ii) the disposition will be subject to retaining or reserving an interest in the land necessary to ensure that the land will be used in a way that is compatible with noise levels associated with operating the airport; and
(iii) the part of the proceeds from disposing of the land that is proportional to the Government's share of the cost of acquiring the land will be reinvested, on application to the Secretary, in another eligible airport development project the Secretary approves under this subchapter or paid to the Secretary for deposit in the Fund if another eligible project does not exist.
(3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii) of this subsection and deposited in the Airport and Airway Trust Fund are available as provided in subsection (f) of this section.
(d)
(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 or as a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act).
(C) This subsection does not require a car rental firm to change its corporate structure to provide for direct ownership arrangements to meet the requirements of this subsection.
(5) This subsection does not preempt—
(A) a State or local law, regulation, or policy enacted by the governing body of an airport owner or operator; or
(B) the authority of a State or local government or airport owner or operator to adopt or enforce a law, regulation, or policy related to disadvantaged business enterprises.
(6) An airport owner or operator may provide opportunities for a small business concern owned and controlled by a socially and economically disadvantaged individual or a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act) to participate through direct contractual agreement with that concern.
(7) An air carrier that provides passenger or property-carrying services or another business that conducts aeronautical activities at an airport may not be included in the percentage goal of paragraph (1) of this subsection for participation of small business concerns at the airport.
(8) Not later than April 29, 1993, the Secretary of Transportation shall prescribe regulations to carry out this subsection.
(f)
(1) subsection (c)(2)(A)(iii) of this section is available to the Secretary of Transportation to make a grant for airport development or airport planning under section 47104 of this title;
(2) subsection (c)(2)(B)(iii) of this section is available to the Secretary—
(A) to make a grant for a purpose described in section 47115(b) of this title; and
(B) for use under section 47114(d)(2) of this title at another airport in the State in which the land was disposed of under subsection (c)(2)(B)(ii) of this section; and
(3) subsection (c)(2)(B)(iii) of this section is in addition to an amount made available to the Secretary under section 48103 of this title and not subject to apportionment under section 47114 of this title.
(g)
(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)
(A) publish notice of the proposed modification in the Federal Register; and
(B) provide an opportunity for comment on the proposal.
(2)
(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 (19 U.S.C. 1555(b)(8)).
(B) “highway” and “Federal-aid system” have the same meanings given those terms in section 101(a) of title 23.
(2) Notwithstanding subsection (b)(1) of this section, Hawaii may use, for a project for construction or reconstruction of a highway on a Federal-aid system that is not more than 10 miles by road from an airport and that will facilitate access to the airport, revenue from the sales at off-airport locations in Hawaii of duty-free merchandise under a contract between Hawaii and a duty-free sales enterprise. However, the revenue resulting during a Hawaiian fiscal year may be used only if the amount of the revenue, plus amounts Hawaii receives in the fiscal year from all other sources for costs Hawaii incurs for operating all airports it operates and for debt service related to capital projects for the airports (including interest and amortization of principal costs), is more than 150 percent of the projected costs for the fiscal year.
(3)(A) Revenue from sales referred to in paragraph (2) of this subsection in a Hawaiian fiscal year that Hawaii may use may not be more than the amount that is greater than 150 percent as determined under paragraph (2).
(B) The maximum amount of revenue Hawaii may use under paragraph (2) of this subsection is $250,000,000.
(4) If a fee imposed or collected for rent, landing, or service from an aircraft operator by an airport operated by Hawaii is increased during the period from May 4, 1990, through December 31, 1994, by more than the percentage change in the Consumer Price Index of All Urban Consumers for Honolulu, Hawaii, that the Secretary of Labor publishes during that period and if revenue derived from the fee increases because the fee increased, the amount under paragraph (3)(B) of this subsection shall be reduced by the amount of the projected revenue increase in the period less the part of the increase attributable to changes in the Index in the period.
(5) Hawaii shall determine costs, revenue, and projected revenue increases referred to in this subsection and shall submit the determinations to the Secretary of Transportation. A determination is approved unless the Secretary disapproves it not later than 30 days after it is submitted.
(6) Hawaii is not eligible for a grant under section 47115 of this title in a fiscal year in which Hawaii uses under paragraph (2) of this subsection revenue from sales referred to in paragraph (2). Hawaii shall repay amounts it receives in a fiscal year under a grant it is not eligible to receive because of this paragraph to the Secretary of Transportation for deposit in the discretionary fund established under section 47115.
(7)(A) This subsection applies only to revenue from sales referred to in paragraph (2) of this subsection from May 5, 1990, through December 30, 1994, and to amounts in the Airport Revenue Fund of Hawaii that are attributable to revenue before May 4, 1990, on sales referred to in paragraph (2).
(B) Revenue from sales referred to in paragraph (2) of this subsection from May 5, 1990, through December 30, 1994, may be used under paragraph (2) in any Hawaiian fiscal year, including a Hawaiian fiscal year beginning after December 31, 1994.
(k)
(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)
(5)
(A) any request by a sponsor or any other governmental entity to any airport for additional payments for services conducted off of the airport or for reimbursement for capital contributions or operating expenses shall be filed not later than 6 years after the date on which the expense is incurred; and
(B) any amount of airport funds that are used to make a payment or reimbursement as described in subparagraph (A) after the date specified in that subparagraph shall be considered to be an illegal diversion of airport revenues that is subject to subsection (n).
(m)
(1)
(2)
(n)
(1)
(A) review the audit or report;
(B) perform appropriate factfinding; and
(C) conduct a hearing and render a final determination concerning whether the illegal diversion of airport revenues asserted in the audit or report occurred.
(2)
(A) the finding; and
(B) the obligations of the sponsor to reimburse the airport involved under this paragraph.
(3)
(A) receives notification that the sponsor is required to reimburse an airport; and
(B) has had an opportunity to reimburse the airport, but has failed to do so.
(4)
(5)
(A)
(B)
(6)
(7)
(o)
(1)
(2)
(3)
(4)
(A) be the rate in effect on the date on which interest begins to accrue under paragraph (3); and
(B) remain at a rate fixed under subparagraph (A) during the duration of the indebtedness.
(p)
(q) Notwithstanding any written assurances prescribed in subsections (a) through (p), a general aviation airport with more than 300,000 annual operations may be exempt from having to accept scheduled passenger air carrier service, provided that the following conditions are met:
(1) No scheduled passenger air carrier has provided service at the airport within 5 years prior to January 1, 2002.
(2) The airport is located within or underneath the Class B airspace of an airport that maintains an airport operating certificate pursuant to section 44706 of title 49.
(3) The certificated airport operating under section 44706 of title 49 does not contribute to significant passenger delays as defined by DOT/FAA in the “Airport Capacity Benchmark Report 2001”.
(r) An airport that meets the conditions of subsections (q)(1) through (3) is not subject to section 47524 of title 49 with respect to a prohibition on all scheduled passenger service.
(s)
(1)
(2)
(A) describes the requests;
(B) provides an explanation as to why the requests could not be accommodated; and
(C) provides a time frame within which, if any, the airport will be able to accommodate the requests.
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1256; Pub. L. 103–305, title I, §§111(a), (c), 112(a), Aug. 23, 1994, 108 Stat. 1573, 1574; Pub. L. 104–264, title I, §143, title VIII, §805(a), (b)(2), Oct. 9, 1996, 110 Stat. 3221, 3271, 3274; Pub. L. 104–287, §5(9), (80), Oct. 11, 1996, 110 Stat. 3389, 3397; Pub. L. 105–135, title VI, §604(h)(1), Dec. 2, 1997, 111 Stat. 2634; Pub. L. 106–181, title I, §125(a), Apr. 5, 2000, 114 Stat. 75; Pub. L. 107–217, §3(n)(7), Aug. 21, 2002, 116 Stat. 1303; Pub. L. 108–7, div. I, title III, §321(a), Feb. 20, 2003, 117 Stat. 411; Pub. L. 108–11, title II, §2702, Apr. 16, 2003, 117 Stat. 600; Pub. L. 108–176, title I, §§144, 164, 165, title IV, §424, Dec. 12, 2003, 117 Stat. 2503, 2513, 2514, 2554; Pub. L. 110–330, §5(e), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(d), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(e), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(d), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §5(d), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(d), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(d), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(d), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §5(e), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(d), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(d), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(d), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(d), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(d), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(e), Sept. 16, 2011, 125 Stat. 358.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47107(a) | 49 App.:2202(a)(6). | Sept. 3, 1982, Pub. L. 97–248, §§503(a)(6), 505(b)(2), 509(b)(1)(E), 511(a)(1)(B), (C), (2), (5)–(10), (b), 96 Stat. 673, 677, 683, 686, 687. |
| 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a) (1)–(11), (15), (16)). | ||
| 49 App.:2210(a)(1)(A). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(1)(A), 96 Stat. 686; Dec. 30, 1987, Pub. L. 100–223, §109(a), 101 Stat. 1499. | |
| 49 App.:2210(a)(1)(B), (C), (2). | ||
| 49 App.:2210(a)(3). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(3), 96 Stat. 686; Dec. 30, 1987, Pub. L. 100–223, §109(b), 101 Stat. 1499. | |
| 49 App.:2210(a)(4). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(4), 96 Stat. 686; restated Dec. 30, 1987, Pub. L. 100–223, §109(c), 101 Stat. 1499. | |
| 49 App.:2210(a) (5)–(10). | ||
| 49 App.:2210(a)(11). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(11), 96 Stat. 687; Oct. 31, 1992, Pub. L. 102–581, §113(a), 106 Stat. 4881. | |
| 49 App.:2210(a)(15). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(a)(15); added Dec. 30, 1987, Pub. L. 100–223, §109(f), 101 Stat. 1500. | |
| 49 App.:2210(a)(16). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(a)(16); added Dec. 30, 1987, Pub. L. 100–223, §109(g), 101 Stat. 1501. | |
| 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, Pub. L. 97–248, §511(a)(12), 96 Stat. 687; restated Dec. 30, 1987, Pub. L. 100–223, §109(d), 101 Stat. 1499. | |
| 47107(b)(3) | 49 App.:2210(d). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(d); added Dec. 30, 1987, Pub. L. 100–223, §109(i), 101 Stat. 1501. |
| 47107(c)(1), (2) | 49 App.:2202(a)(24). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(13), (14)). | ||
| 49 App.:2210(a)(13). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(13), 96 Stat. 688; restated Dec. 30, 1987, Pub. L. 100–223, §109(e), 101 Stat. 1499. | |
| 49 App.:2210(a)(14). | Sept. 3, 1982, Pub. L. 97–248, §511(a)(14), 96 Stat. 688; Dec. 30, 1987, Pub. L. 100–223, §109(e), 101 Stat. 1499; restated Dec. 15, 1989, Pub. L. 101–236, §4, 103 Stat. 2061. | |
| 47107(c)(3) | (no source). | |
| 47107(d) | 49 App.:2204(b)(2). | |
| 49 App.:2208(b)(1)(E) (related to 49 App.:2204(b)(2)). | ||
| 47107(e) | 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(17)). | |
| 49 App.:2210(a)(17). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(a)(17); added Dec. 30, 1987, Pub. L. 100–223, §109(h), 101 Stat. 1501; Oct. 31, 1992, Pub. L. 102–581, §117(a), 106 Stat. 4882. | |
| 49 App.:2210(h). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(h); added Oct. 31, 1992, Pub. L. 102–581, §117(b), 106 Stat. 4882. | |
| 49 App.:2210 (note). | Oct. 31, 1992, Pub. L. 102–581, §117(d), 106 Stat. 4883. | |
| 47107(f) | 49 App.:2210(e). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(e); added Dec. 30, 1987, Pub. L. 100–223, §109(j), 101 Stat. 1501. |
| 47107(g)(1) | 49 App.:2210(b) (1st, 2d sentences). | |
| 47107(g)(2) | 49 App.:2208(b)(1)(E) (related to 49 App.:2210(b)). | |
| 47107(h) | 49 App.:2210(f). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(f); added Dec. 30, 1987, Pub. L. 100–223, §109(k), 101 Stat. 1502. |
| 47107(i) | 49 App.:2210(b) (last sentence). | |
| 47107(j)(1) | 49 App.:2210(g)(4)(B), (D). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §511(g); added May 4, 1990, Pub. L. 101–281, §2, 104 Stat. 164. |
| 47107(j)(2) | 49 App.:2210(g)(1), (2)(B), (4)(A), (C). | |
| 47107(j)(3) | 49 App.:2210(g)(2)(C), (D). | |
| 47107(j)(4) | 49 App.:2210(g)(2)(E). | |
| 47107(j)(5) | 49 App.:2210(g)(2)(F). | |
| 47107(j)(6) | 49 App.:2210(g)(2)(G). | |
| 47107(j) (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 section 2204(d)(2)(B) of this title)” are omitted as unnecessary because of paragraph (1) of this subsection.
In subsection (f)(2)(A), the words “at the discretion of the Secretary” are omitted as surplus. The words “at primary airports and reliever airports” are omitted as surplus because 49 App.:2206(c)(2), restated in section 47115(c) of the revised title, involves only primary and reliever airports.
In subsection (g)(1)(A), the words “consistent with the terms of this chapter” are omitted as surplus.
In subsection (g)(1)(B), the words “Among other steps to insure such compliance” and “on behalf of the United States” are omitted as surplus.
In subsection (g)(2), the words “by or . . . the authority of” are omitted as surplus.
In subsection (h), before clause (1), the words “proposes to” are omitted as surplus. The word “subchapter” is substituted for “Act” in section 511(f) of the Airport and Airway Improvement Act of 1982, as added by section 109(k) of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1502), to correct a mistake.
In subsection (i), the words “a property interest in a land or water area or a building that the Secretary of Transportation uses to construct a facility” are substituted for “any area of land or water, or estate therein, or rights in buildings of the sponsor and constructs space or facilities thereon” for consistency in this section.
In subsection (j)(2), the words “the limitation on the use of revenues generated by airports contained in”, “located”, “of funds”, and “(including revenues generated by such airports from other sources, unrestricted cash on hand, and Federal funds made available under this chapter for expenditure at such airports)” are omitted as surplus.
In subsection (j)(3)(A), the words “amount that is greater than 150 percent as determined” are substituted for “amount of the excess determined” for clarity.
In subsection (j)(3)(B), the words “in the aggregate” are omitted as surplus.
In subsection (j)(4), the word “imposed” is substituted for “levied” for consistency in the revised title and with other titles of the Code. The words “for the use of airport facilities” and “a percentage which is” are omitted as surplus. The words “Secretary of Labor” are substituted for “Bureau of Labor Statistics of the Department of Labor” because of 29:551 and 557.
In subsection (j)(5), the words “from fee increases” and “for approval” are omitted as surplus.
The Federal Airport Act, referred to in subsecs. (a)(13)(B) and (i), is act May 13, 1946, ch. 251, 60 Stat. 170, which was classified to chapter 14 (§1101 et seq.) of former Title 49, Transportation, prior to repeal by Pub. L. 91–258, title I, §52(a), May 21, 1970, 84 Stat. 235.
The Airport and Airway Development Act of 1970, referred to in subsecs. (a)(13)(B) and (i), is title I of Pub. L. 91–258, May 21, 1970, 84 Stat. 219, which was classified principally to chapter 25 (§1701 et seq.) of former Title 49, Transportation. Sections 1 through 30 of title I of Pub. L. 91–258, which enacted sections 1701 to 1703, 1711 to 1713, and 1714 to 1730 of former Title 49, and a provision set out as a note under section 1701 of former Title 49, were repealed by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695. Sections 31, 51, 52(a), (b)(4), (6), (c), (d), and 53 of title I of Pub. L. 91–258 were repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see table at the beginning of Title 49.
Section 3(p) of the Small Business Act, referred to in subsec. (e)(1), (4)(B), (6), is classified to section 632(p) of Title 15, Commerce and Trade.
Section 111(b) of the Federal Aviation Administration Authorization Act of 1994, referred to in subsec. (k), is section 111(b) of Pub. L. 103–305, which is set out below.
2011—Subsec. (s)(3). Pub. L. 112–30 substituted “February 1, 2012.” for “September 17, 2011.”
Pub. L. 112–27 substituted “September 17, 2011.” for “July 23, 2011.”
Pub. L. 112–21 substituted “July 23, 2011.” for “July 1, 2011.”
Pub. L. 112–16 substituted “July 1, 2011.” for “June 1, 2011.”
Pub. L. 112–7 substituted “June 1, 2011.” for “April 1, 2011.”
2010—Subsec. (s)(3). Pub. L. 111–329 substituted “April 1, 2011.” for “January 1, 2011.”
Pub. L. 111–249 substituted “January 1, 2011.” for “October 1, 2010.”
Pub. L. 111–216 substituted “October 1, 2010.” for “August 2, 2010.”
Pub. L. 111–197 substituted “August 2, 2010.” for “July 4, 2010.”
Pub. L. 111–161 substituted “July 4, 2010.” for “May 1, 2010.”
Pub. L. 111–153 substituted “May 1, 2010.” for “April 1, 2010.”
2009—Subsec. (s)(3). Pub. L. 111–116 substituted “April 1, 2010.” for “January 1, 2010.”
Pub. L. 111–69 substituted “January 1, 2010.” for “October 1, 2009.”
Pub. L. 111–12 substituted “October 1, 2009.” for “April 1, 2009.”
2008—Subsec. (s)(3). Pub. L. 110–330 substituted “April 1, 2009” for “October 1, 2008”.
2003—Subsec. (a)(21). Pub. L. 108–176, §165, added par. (21).
Subsec. (c)(2)(A)(iii). Pub. L. 108–176, §164, inserted before semicolon at end “, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program”.
Subsec. (l)(5)(A). Pub. L. 108–176, §144(a), inserted “or any other governmental entity” after “sponsor”.
Subsec. (m)(1). Pub. L. 108–176, §144(b)(1), (2), substituted “include a provision in the compliance supplement provisions to” for “promulgate regulations that” and struck out “and opinion of the review” before “concerning the funding activities”.
Subsec. (m)(3). Pub. L. 108–176, §144(b)(3), struck out heading and text of par. (3). Text read as follows: “The report submitted to the Secretary under this subsection shall include a specific determination and opinion regarding the appropriateness of the disposition of airport funds paid or transferred to a sponsor.”
Subsec. (q). Pub. L. 108–7 added subsec. (q).
Subsec. (q)(2). Pub. L. 108–11, §2702(1), which directed the amendment of subsec. (q)(2) of section 321 of Pub. L. 108–7 by inserting “or underneath” before “the Class B airspace”, was executed by making the insertion in subsec. (q)(2) of this section, to reflect the probable intent of Congress.
Subsec. (q)(3). Pub. L. 108–11, §2702(2), (3), which directed the amendment of subsec. (q)(3) of section 321 of Pub. L. 108–7 by striking out “has sufficient capacity and” after “Title 49” and inserting “passenger” before “delays”, was executed by inserting “passenger” before “delays” and striking out “has sufficient capacity and” after “title 49” in subsec. (q)(3) of this section, to reflect the probable intent of Congress.
Subsec. (r). Pub. L. 108–7 added subsec. (r).
Subsec. (s). Pub. L. 108–176, §424, added subsec. (s).
2002—Subsec. (a)(17). Pub. L. 107–217 substituted “chapter 11 of title 40” for “title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)”.
2000—Subsec. (h). Pub. L. 106–181 amended heading and text of subsec. (h) generally. Prior to amendment, text read as follows: “Before modifying an assurance required of a person receiving a grant under this subchapter and in effect after December 29, 1987, or to require compliance with an additional assurance from the person, the Secretary of Transportation must—
“(1) publish notice of the proposed modification in the Federal Register; and
“(2) provide an opportunity for comment on the proposal.”
1997—Subsec. (e)(1). Pub. L. 105–135, §604(h)(1)(A), inserted before period at end “or qualified HUBZone small business concerns (as defined in section 3(p) of the Small Business Act)”.
Subsec. (e)(4)(B). Pub. L. 105–135, §604(h)(1)(B), which directed the amendment of subpar. (B) by inserting before the period “or as a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act)”, was executed by inserting the material before period at end of last sentence to reflect the probable intent of Congress.
Subsec. (e)(6). Pub. L. 105–135, §604(h)(1)(C), inserted “or a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act)” after “disadvantaged individual”.
1996—Subsec. (a)(20). Pub. L. 104–264, §143, added par. (20).
Subsec. (k). Pub. L. 104–287, §5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.
Subsec. (l)(1). Pub. L. 104–287, §5(80), substituted “August 23, 1994” for “the date of the enactment of this subsection”.
Subsec. (l)(5). Pub. L. 104–264, §805(b)(2), added par. (5).
Subsecs. (m) to (p). Pub. L. 104–264, §805(a), added subsecs. (m) to (p).
1994—Subsec. (a)(15). Pub. L. 103–305, §111(a)(1), inserted before semicolon at end “and make such reports available to the public”.
Subsec. (a)(19). Pub. L. 103–305, §111(a)(2)–(4), added par. (19).
Subsec. (k). Pub. L. 103–305, §111(c), added subsec. (k).
Subsec. (l). Pub. L. 103–305, §112(a), added subsec. (l).
Amendment by Pub. L. 112–27 effective July 23, 2011, see section 5(j) of Pub. L. 112–27, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–21 effective July 1, 2011, see section 5(j) of Pub. L. 112–21, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–16 effective June 1, 2011, see section 5(j) of Pub. L. 112–16, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–7 effective Apr. 1, 2011, see section 5(j) of Pub. L. 112–7, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–329 effective Jan. 1, 2011, see section 5(j) of Pub. L. 111–329, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–249 effective Oct. 1, 2010, see section 5(l) of Pub. L. 111–249, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–216 effective Aug. 2, 2010, see section 104(j) of Pub. L. 111–216, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–197 effective July 4, 2010, see section 5(j) of Pub. L. 111–197, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–161 effective May 1, 2010, see section 5(j) of Pub. L. 111–161, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–153 effective Apr. 1, 2010, see section 5(j) of Pub. L. 111–153, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–116 effective Jan. 1, 2010, see section 5(j) of Pub. L. 111–116, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–12 effective Apr. 1, 2009, see section 5(j) of Pub. L. 111–12, set out as a note under section 40117 of this title.
Amendment by Pub. L. 110–330 effective Oct. 1, 2008, see section 5(l) of Pub. L. 110–330, set out as a note under section 40117 of this title.
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Pub. L. 108–7, div. I, title III, §321(b), Feb. 20, 2003, 117 Stat. 411, provided that: “This section [amending this section] shall be effective upon enactment [Feb. 20, 2003], notwithstanding any other section of title 49.”
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of Title 15, Commerce and Trade.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Pub. L. 106–181, title I, §125(e), Apr. 5, 2000, 114 Stat. 76, provided that: “Nothing in any amendment made by this section [amending this section and sections 47125, 47151, and 47153 of this title] shall be construed to authorize the Secretary [of Transportation] to issue a waiver or make a modification referred to in such amendment.”
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
Pub. L. 105–66, title III, §340, Oct. 27, 1997, 111 Stat. 1448, provided that:
“(a)
“(1) Congress has the authority under article I, section 8 of the Constitution to regulate the air commerce of the United States;
“(2) section 47107 of title 49, United States Code, prohibits the diversion of certain revenue generated by a public airport as a condition of receiving a project grant;
“(3) a grant recipient that uses airport revenues for purposes that are not airport-related in a manner inconsistent with chapter 471 of title 49, United States Code, illegally diverts airport revenues;
“(4) illegal diversion of airport revenues undermines the interest of the United States in promoting a strong national air transportation system;
“(5) the policy of the United States that airports should be as self-sustaining as possible and that revenues generated at airports should not be diverted from airport purposes was stated by Congress in 1982 and reaffirmed and strengthened in 1987, 1994, and 1996;
“(6) certain airports are constructed on lands that may have belonged, at one time, to Native Americans, Native Hawaiians, or Alaska Natives;
“(7) contrary to the prohibition against diverting airport revenues from airport purposes under section 47107 of title 49, United States Code, certain payments from airport revenues may have been made for the betterment of Native Americans, Native Hawaiians, or Alaska Natives based upon the claims related to lands ceded to the United States;
“(8) Federal law prohibits diversions of airport revenues obtained from any source whatsoever to occur in the future whether related to claims for periods of time prior to or after the date of enactment of this Act [Oct. 27, 1997]; and
“(9) because of the special circumstances surrounding such past diversions of airport revenues for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, it is in the national interest that amounts from airport revenues previously received by any entity for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, as specified in subsection (b) of this section, should not be subject to repayment.
“(b)
“(c)
“(d)
Section 802 of title VIII of Pub. L. 104–264 provided that:
“(a)
“(1) section 47107 of title 49, United States Code, prohibits the diversion of certain revenue generated by a public airport as a condition of receiving a project grant;
“(2) a grant recipient that uses airport revenue for purposes that are not airport related in a manner inconsistent with chapter 471 of title 49, United States Code, illegally diverts airport revenues;
“(3) any diversion of airport revenues in violation of the condition referred to in paragraph (1) undermines the interest of the United States in promoting a strong national air transportation system that is responsive to the needs of airport users;
“(4) the Secretary and the Administrator have not enforced airport revenue diversion rules adequately and must have additional regulatory tools to increase enforcement efforts; and
“(5) sponsors who have been found to have illegally diverted airport revenues—
“(A) have not reimbursed or made restitution to airports in a timely manner; and
“(B) must be encouraged to do so.
“(b)
“(1) eliminating the ability of any State or political subdivision thereof that is a recipient of a project grant to divert airport revenues for purposes that are not related to an airport, in violation of section 47107 of title 49, United States Code;
“(2) imposing financial reporting requirements that are designed to identify instances of illegal diversions referred to in paragraph (1);
“(3) establishing a statute of limitations for airport revenue diversion actions;
“(4) clarifying limitations on revenue diversion that are permitted under chapter 471 of title 49, United States Code; and
“(5) establishing clear penalties and enforcement mechanisms for identifying and prosecuting airport revenue diversion.”
Section 803 of title VIII of Pub. L. 104–264 provided that: “For purposes of this title [see Short Title of 1996 Amendment note set out under section 40101 of this title], the following definitions apply:
“(1)
“(2)
“(3)
“(4)
“(5)
Section 805(b)(1) of title VIII of Pub. L. 104–264 provided that: “Not later than 90 days after the date of the enactment of this Act [Oct. 9, 1996], the Secretary, acting through the Administrator, shall revise the policies and procedures established under section 47107(l) of title 49, United States Code, to take into account the amendments made to that section by this title.”
Section 111(b) of Pub. L. 103–305 provided that: “Within 180 days after the date of the enactment of this Act [Aug. 23, 1994], the Secretary [of Transportation] shall prescribe a uniform simplified format for reporting that is applicable to airports. Such format shall be designed to enable the public to understand readily how funds are collected and spent at airports, and to provide sufficient information relating to total revenues, operating expenditures, capital expenditures, debt service payments, contributions to restricted funds, accounts, or reserves required by financing agreements or covenants or airport lease or use agreements or covenants. Such format shall require each commercial service airport to report the amount of any revenue surplus, the amount of concession-generated revenue, and other information as required by the Secretary.”
(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 chapter 475 of this title after September 30, 1987, the amount may be increased—
(A) for an airport development project, by not more than 15 percent; and
(B) for a grant after September 30, 1992, to acquire an interest in land for an airport (except a primary airport), by not more than the greater of the following, based on current creditable appraisals or a court award in a condemnation proceeding:
(i) 15 percent; or
(ii) 25 percent of the total increase in allowable project costs attributable to acquiring an interest in land.
(c)
(d)
(e)
(1)
(2)
(3)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1262; Pub. L. 106–181, title I, §135(c), Apr. 5, 2000, 114 Stat. 84; Pub. L. 108–176, title I, §149(a), Dec. 12, 2003, 117 Stat. 2505; Pub. L. 109–115, div. A, title I, §176(a), Nov. 30, 2005, 119 Stat. 2427.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47108(a) | 49 App.:2211(a). | Sept. 3, 1982, Pub. L. 97–248, §512(a), 96 Stat. 688; Dec. 30, 1987, Pub. L. 100–223, §§106(b)(4), 110(c), 101 Stat. 1498, 1502. |
| 47108(b) | 49 App.:2211(b). | Sept. 3, 1982, Pub. L. 97–248, §512(b), 96 Stat. 688; restated Dec. 30, 1987, Pub. L. 100–223, §110(a), 101 Stat. 1502; Oct. 31, 1992, Pub. L. 102–581, §109, 106 Stat. 4879. |
| 47108(c) | 49 App.:2211(c). | |
| 47108(d) | 49 App.:2211(d). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §512(d); added Dec. 30, 1987, Pub. L. 100–223, §110(b), 101 Stat. 1502. |
In subsection (a), the words “on behalf of the United States” are omitted as surplus. The words “or sponsors” are omitted because of 1:1. The words “of the application” are omitted as surplus. The words “under section 47110 of this title” are added for clarity. The words “and conditions” are omitted as being included in “terms”. The words “for the project” are added for clarity. The words “an offer of a grant for a project” are substituted for “In any case where the Secretary approves a project grant application for a project . . . the offer” to eliminate unnecessary words. The words “(including future fiscal years)” are omitted as surplus. The words “An offer that is accepted in writing by the sponsor is an agreement binding on the Government and the sponsor” are substituted for “If and when an offer is accepted in writing by the sponsor, the offer and acceptance shall comprise an agreement constituting an obligation of the United States and of the sponsor” to eliminate unnecessary words. The words “which have been or may be incurred” are omitted as surplus.
In subsection (b)(1), the words “by a sponsor” are omitted as surplus. The words “amount the Government will pay” are substituted for “obligation of the United States” for clarity and consistency in this section.
In subsection (b)(2), the text of 49 App.:2211(b)(2) (last sentence) is restated to apply only to 49 App.:2211(b)(2) (1st sentence) to carry out the probable intent of Congress.
In subsection (b)(3)(B), the words “for fiscal year 1993 and thereafter” are omitted as unnecessary.
In subsection (c), the words “Notwithstanding any other provision of law” are omitted as surplus. The words “a project receiving assistance under” are added for consistency.
In subsection (d), the word “sponsor” is substituted for “grant recipient” for clarity. The words “amount the Government may pay” are substituted for “obligation of the United States authorized” for clarity and consistency in this section.
The Airport and Airway Improvement Act of 1982, referred to in subsec. (b)(2)(A), (3), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, as amended, which was classified principally to chapter 31 (§2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this subchapter.
The Airport and Airway Development Act of 1970, referred to in subsec. (c), is title I of Pub. L. 91–258, May 21, 1970, 84 Stat. 219, as amended, which was classified principally to chapter 25 (§1701 et seq.) of former Title 49. Sections 1 through 30 of title I of Pub. L. 91–258, which enacted sections 1701 to 1703, 1711 to 1713, and 1714 to 1730 of former Title 49, and a provision set out as a note under section 1701 of former Title 49, were repealed by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695. Sections 31, 51, 52(a), (b)(4), (6), (c), (d), and 53 of title I of Pub. L. 91–258 were repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see table at the beginning of Title 49.
2005—Subsec. (e)(3). Pub. L. 109–115 added par. (3).
2003—Subsec. (a). Pub. L. 108–176 inserted “or 47114(d)(3)(A)” after “under section 47114(c)”.
2000—Subsec. (e). Pub. L. 106–181 added subsec. (e).
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Pub. L. 107–71, title I, §143, Nov. 19, 2001, 115 Stat. 644, provided that: “In the case of a grant for land acquisition issued to an airport under chapter 471 of title 49, United States Code, prior to January 1, 1995, the Secretary of Transportation may waive the provisions of section 47108 of such title and provide an upward adjustment in the maximum obligation of the United States under that chapter to assist the airport in funding land acquisition costs (and associated eligible costs) that increased as a result of a judicial order.”
[For definitions of “airport” and “United States” used in section 143 of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]
(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;
(2) not more than 90 percent for a project funded by a grant issued to and administered by a State under section 47128, relating to the State block grant program;
(3) 90 percent for a project at any other airport;
(4) 70 percent for a project funded by the Administrator from the discretionary fund under section 47115 at an airport receiving an exemption under section 47134; and
(5) for fiscal year 2002, 100 percent for a project described in section 47102(3)(J), 47102(3)(K), or 47102(3)(L).1
(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.
(c)
(1)
(A) the State contained unappropriated and unreserved public lands and nontaxable Indian lands of more than 5 percent of the total area of all lands in the State on August 3, 1979; and
(B) the application under subsection (b), does not increase the Government's share of allowable costs of the project.
(2)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1264; Pub. L. 103–305, title I, §114, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 104–264, title I, §149(c), title XII, §1211, Oct. 9, 1996, 110 Stat. 3227, 3282; Pub. L. 106–181, title I, §126, Apr. 5, 2000, 114 Stat. 76; Pub. L. 107–71, title I, §119(a)(4), Nov. 19, 2001, 115 Stat. 629; Pub. L. 108–176, title I, §§162, 163, Dec. 12, 2003, 117 Stat. 2513.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47109(a) | 49 App.:2209(a), (b). | Sept. 3, 1982, Pub. L. 97–248, §510, 96 Stat. 685. |
| 47109(b) | 49 App.:2209(c). | |
| 47109(c) | 49 App.:2212(b)(5). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(5), 96 Stat. 691; Dec. 30, 1987, Pub. L. 100–223, §111(a)(2), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102–581, §110(b), 106 Stat. 4880. |
In subsection (a), before clause (1), the words “Except as provided in subsections (b) and (c) of this section” are substituted for “Except as otherwise provided in this chapter” because subsections (b) and (c) restate the only parts of the chapter that provide exceptions to the general rule stated in subsection (a). In clauses (1) and (2), the words “for a project” are substituted for “payable on account of any project contained in an approved project grant application submitted in accordance with this chapter” in 49 App.:2209(a) and “payable on account of any project contained in an approved project grant application” in 49 App.:2209(b) for consistency in this chapter and to eliminate unnecessary words. A project cost is allowable only if it is incurred under a grant agreement made under the chapter, and a grant agreement may be made only if the project grant application is approved. In clause (1), the words “number of passenger boardings” are substituted for “enplaning . . . of the . . . passengers enplaned” because of the definition of “passenger boardings” in section 47102 of the revised title.
In subsection (b), the words “If, under subsection (a) of this section, the Government's share of allowable costs . . . is less than the share applied on June 30, 1975, under section 17(b) of the Airport and Airway Development Act of 1970” and “(3) the percentage necessary to increase the Government's share to the percentage that applied on June 30, 1975, under section 17(b) of the Act” are substituted for 49 App.:2209(c) (last sentence) for clarity. The words “of the total of all lands therein” are omitted as surplus.
In subsection (c), the words “Notwithstanding subsections (a) and (b) of this section” are substituted for “Notwithstanding any other provision of this chapter” because subsections (a) and (b) are the only other parts of the chapter that specify the United States Government's share of allowable project costs.
Subpars. (J), (K), and (L) of section 47102(3), referred to in subsec. (a)(5), were repealed and new subpars. (J), (K), and (L) were added or designated, by Pub. L. 108–176, title I, §159(b)(1), Dec. 12, 2003, 117 Stat. 2510.
Section 17(b) of the Airport and Airway Development Act of 1970, referred to in subsec. (b), is section 17(b) of Pub. L. 91–258, which was classified to section 1717(b) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695.
2003—Subsec. (a). Pub. L. 108–176, §162(b), substituted “Except as provided in subsection (b) or subsection (c)” for “Except as provided in subsection (b)” in introductory provisions.
Subsec. (a)(4). Pub. L. 108–176, §163, substituted “70 percent” for “40 percent”.
Subsecs. (c), (d). Pub. L. 108–176, §162(a), added subsec. (c) and redesignated former subsec. (c) as (d).
2001—Subsec. (a)(5). Pub. L. 107–71 added par. (5).
2000—Subsec. (a)(2) to (4). Pub. L. 106–181 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.
1996—Subsec. (a)(3). Pub. L. 104–264, §149(c), added par. (3).
Subsec. (c). Pub. L. 104–264, §1211, added subsec. (c).
1994—Subsec. (a). Pub. L. 103–305, §114(1), substituted “subsection (b)” for “subsections (b) and (c)”.
Subsec. (c). Pub. L. 103–305, §114(2), struck out subsec. (c) which read as follows: “(c)
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Pub. L. 108–176, title I, §161, Dec. 12, 2003, 117 Stat. 2513, as amended by Pub. L. 110–190, §4(c), Feb. 28, 2008, 122 Stat. 644; Pub. L. 110–253, §3(c)(3), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, §5(i), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(h), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(i), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(h), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §5(h), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(h), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(h), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(h), Aug. 1, 2010, 124 Stat. 2350; Pub. L. 111–249, §5(i), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(h), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(h), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(h), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(h), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(h), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(i), Sept. 16, 2011, 125 Stat. 358, provided that: “Notwithstanding section 47109(a) of title 49, United States Code, the Government's share of allowable project costs for a grant made in any of fiscal years 2009 through 2011, or in the portion of fiscal year 2012 ending before February 1, 2012, under chapter 471 of that title for a project described in paragraph (2) or (3) of that section shall be 95 percent.”
[Pub. L. 110–253, §3(c)(3), which directed amendment of section 161 of Pub. L. 108–176, set out above, by substituting “fiscal year 2008.” for “fiscal year 2008 before July 1, 2008.”, was executed by substituting “fiscal year 2008,” for “fiscal year 2008 before July 1, 2008,” to reflect the probable intent of Congress.]
1 See References in Text note below.
(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 and any cost of moving a Federal facility impeding the project if the rebuilt facility is of an equivalent size and type;
(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 1 program (including project formulation costs) and is consistent with all applicable statutory and administrative requirements;
(C) if the Government's share is paid only with amounts apportioned under paragraphs (1) and (2) of section 47114(c) or section 47114(d)(3)(A) and if the cost is incurred—
(i) after September 30, 1996;
(ii) before a grant agreement is executed for the project; and
(iii) in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after the grant agreement had been executed; or
(D) if the cost is incurred after September 11, 2001, for a project described in section 47102(3)(J), 47102(3)(K), or 47102(3)(L) 2 and shall not depend upon the date of execution of a grant agreement made under this subchapter;
(3) to the extent the cost is reasonable in amount;
(4) if the cost is not incurred in a project for airport development or airport planning for which other Government assistance has been granted;
(5) if the total costs allowed for the project are not more than the amount stated in the grant agreement as the maximum the Government will pay (except as provided in section 47108(b) of this title); and
(6) if the cost is for a project not described in section 47102(3) for acquiring for use at a commercial service airport vehicles and ground support equipment owned by an airport that include low-emission technology, but only to the extent of the incremental cost of equipping such vehicles or equipment with low-emission technology, as determined by the Secretary.
(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 section 44706 of this title;
(ii) all the security equipment required by regulation; and
(iii) provided for access, to the area of the airport for passengers for boarding or exiting aircraft, to those passengers boarding or exiting aircraft, except air carrier aircraft;
(B) if the cost is directly related to moving passengers and baggage in air commerce within the airport, including vehicles for moving passengers between terminal facilities and between terminal facilities and aircraft; and
(C) under terms necessary to protect the interests of the Government.
(2) In making a decision under paragraph (1) of this subsection, the Secretary may approve as allowable costs the expenses of terminal development in a revenue-producing area and construction, reconstruction, repair, and improvement in a nonrevenue-producing parking lot if—
(A) except as provided in section 47108(e)(3), 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) that meets the criteria of section 47115(d) and, if for a project at a commercial service airport having at least 0.25 percent of the boardings each year at all such airports, the Secretary decides will enhance system-wide airport capacity significantly.
(3) A letter of intent issued under paragraph (1) of this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriation laws.
(4) The total estimated amount of future Government obligations covered by all outstanding letters of intent under paragraph (1) of this subsection may not be more than the amount authorized to carry out section 48103 of this title, less an amount reasonably estimated by the Secretary to be needed for grants under section 48103 that are not covered by a letter.
(5)
(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.
(g)
(h)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1264; Pub. L. 103–305, title I, §115, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103–429, §6(64), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title I, §144, Oct. 9, 1996, 110 Stat. 3222; Pub. L. 106–181, title I, §127, Apr. 5, 2000, 114 Stat. 76; Pub. L. 107–71, title I, §119(a)(2), Nov. 19, 2001, 115 Stat. 628; Pub. L. 108–176, title I, §§145, 149(b), 159(c), Dec. 12, 2003, 117 Stat. 2504, 2505, 2511; Pub. L. 109–115, div. A, title I, §176(b), Nov. 30, 2005, 119 Stat. 2427.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47110(a) | 49 App.:2212(a) (1st, last sentences). | Sept. 3, 1982, Pub. L. 97–248, §513(a), 96 Stat. 689; Aug. 4, 1989, Pub. L. 101–71, §3, 103 Stat. 181. |
| 47110(b) | 49 App.:2212(a) (2d sentence cls. (1), (2) (words before period), (3), (4)). | |
| 47110(c) | 49 App.:2212(a) (2d sentence cl. (2) (words after period)). | |
| 47110(d) | 49 App.:2212(b)(1), (6). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(1), (6), 96 Stat. 691; Oct. 31, 1992, Pub. L. 102–581, §110(a), 106 Stat. 4879. |
| 47110(e) | 49 App.:2212(d). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §513(d); added Dec. 30, 1987, Pub. L. 100–223, §111(c), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102–581, §111, 106 Stat. 4880. |
| 47110(f) | 49 App.:2212(c). | Sept. 3, 1982, Pub. L. 97–248, §513(c), 96 Stat. 691; Dec. 30, 1987, Pub. L. 100–223, §111(b), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102–581, §107(c)(2), 106 Stat. 4879. |
In subsection (a), the words “for airport development or airport planning” are omitted because of the definition of “project” in section 47102 of the revised title. The text of 49 App.:2212(a) (last sentence) is omitted as surplus because of 49:322(a).
In subsection (b)(1), the word “approved” is omitted as surplus because a project that was not approved could not be carried out in compliance with a grant agreement. The words “in compliance with the grant agreement made for the project under this subchapter” are substituted for “in conformity with the terms and conditions of the grant agreement entered into in connection with the project” to eliminate unnecessary words. The word “sponsor” is substituted for “recipient” for clarity.
In subsection (b)(2)(A), the words “with respect to the project” are omitted as unnecessary because “the grant agreement” means “the grant agreement made for the project” referred to in clause (1) of this subsection. The words “under the project” are omitted as surplus.
Subsection (b)(3) is substituted for “in the opinion of the Secretary it is reasonable in amount, and if the Secretary determines that a project cost is unreasonable in amount, the Secretary may allow as an allowable project cost only so much of such project cost as the Secretary determines to be reasonable” to eliminate unnecessary words.
Subsection (b)(5) is substituted for “except that in no event may the Secretary allow project costs in excess of the definite amount stated in the grant agreement except to the extent authorized by section 2211(b) of this Appendix” for consistency in this section.
In subsection (c), before clause (1), the words “The Secretary may decide that a project cost . . . is allowable” are substituted for “However, the allowable costs of a project . . . may include . . . and the allowable costs of a project . . . may include” for clarity and consistency in the revised title. The words “incurred after May 13, 1946, and before the date the grant agreement is executed” are substituted for “which were incurred prior to the execution of the grant agreement and subsequent to May 13, 1946” and “which were incurred subsequent to May 13, 1946” to eliminate unnecessary words. In clause (1), the words “preparation of”, “acquisition of”, “by the sponsor specifically in connection with the accomplishment of the project for airport development” are omitted as surplus. The words “property interests in land or airspace” are substituted for “land or interests therein or easements through or other interests in airspace” to eliminate unnecessary words.
In subsection (d)(1), before clause (A), the words “The Secretary may decide that the cost . . . is allowable” are substituted for “the Secretary may approve, as allowable project costs” and “The Secretary shall approve project costs allowable under paragraph (1) of this subsection” for clarity and consistency in this section. In clause (B), the words “the boundaries of” are omitted as surplus. In clause (C), the words “and conditions” are omitted as being included in “terms”.
In subsection (d)(2), the words “In making a decision under paragraph (1) of this subsection, the Secretary may approve as allowable costs” are substituted for “In the case of a commercial service airport . . . the Secretary may approve, under the preceding sentence as allowable project costs” for consistency in this subsection.
In subsection (e)(1), the word “sponsor” is substituted for “applicant” for consistency. The words “stipulated as” and “Subject to the provisions of this paragraph” are omitted as surplus. The word “reimburse” is substituted for “make payments under paragraph (2) of this subsection” and “pay” for clarity. The words “payable on account of such project in accordance with such letter of intent” are omitted as surplus.
In subsection (e)(2), before clause (A), the text of 49 App.:2212(d)(1)(C) (last sentence) is omitted as obsolete.
In subsection (e)(3), the words “A letter of intent issued” are substituted for “action” for clarity. The word “deemed” before “an obligation” is omitted as surplus.
In subsection (f)(2), the words “of a hangar or” are omitted as being included in “airport building”.
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, Pub. L. 97–248, §513(a) (2d sentence), as amended May 26, 1994, Pub. L. 103–260, §106, 108 Stat. 699. |
| 47110(c) | 49 App.:2212(a) (2d sentence cl. (2)(A) (words after period). |
In subsection (b)(2)(C)(ii), the words “before the cost is incurred” are added for clarity.
Subpars. (J), (K), and (L) of section 47102(3), referred to in subsec. (b)(2)(D), were repealed and new subpars. (J), (K), and (L) were added or designated, by Pub. L. 108–176, title I, §159(b)(1), Dec. 12, 2003, 117 Stat. 2510.
2005—Subsec. (d)(2)(A). Pub. L. 109–115, which directed amendment of section 47110(d)(2)(A), without specifying the title to be amended, by substituting “(A) except as provided in section 47108(e)(3), the” for “(A) the”, was executed to this section, to reflect the probable intent of Congress.
2003—Subsec. (b)(1). Pub. L. 108–176, §145, inserted “and any cost of moving a Federal facility impeding the project if the rebuilt facility is of an equivalent size and type” before semicolon at end.
Subsec. (b)(2)(C). Pub. L. 108–176, §149(b)(1), substituted “or section 47114(d)(3)(A)” for “of this title” in introductory provisions.
Subsec. (b)(6). Pub. L. 108–176, §159(c), added par. (6).
Subsec. (g). Pub. L. 108–176, §149(b)(2), inserted “or section 47114(d)(3)(A)” after “of section 47114(c)” and substituted “of the project” for “of project”.
Subsec. (h). Pub. L. 108–176, §149(b)(3), added subsec. (h).
2001—Subsec. (b)(2)(D). Pub. L. 107–71 added subpar. (D).
2000—Subsec. (e)(2)(C). Pub. L. 106–181, §127(1), added subpar. (C) and struck out former subpar. (C) which read as follows: “the Secretary decides will enhance system-wide airport capacity significantly and meets the criteria of section 47115(d) of this title.”
Subsec. (e)(5). Pub. L. 106–181, §127(2), added par. (5) and struck out former par. (5) which read as follows: “A letter of intent issued under paragraph (1) of this subsection may not condition the obligation of amounts on the imposition of a passenger facility fee.”
1996—Subsec. (b)(2)(C). Pub. L. 104–264, §144(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “if the Government's share is paid only with amounts apportioned under section 47114(c)(1)(A) and (2) of this title and if the cost is incurred—
“(i) during the fiscal year ending September 30, 1994;
“(ii) before a grant agreement is executed for the project but according to an airport layout plan the Secretary approves before the cost is incurred and all applicable statutory and administrative requirements that would apply to the project if the agreement had been executed; and
“(iii) for work related to a project for which a grant agreement previously was executed during the fiscal year ending September 30, 1994;”.
Subsec. (g). Pub. L. 104–264, §144(b), added subsec. (g).
1994—Subsec. (b)(2). Pub. L. 103–429 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “if the cost is incurred—
“(A) after the grant agreement is executed and is for airport development or airport planning carried out after the grant agreement is executed; or
“(B) after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as part of a Government-approved noise compatibility program (including project formulation costs) and is consistent with all applicable statutory and administrative requirements;”.
Subsec. (e)(6). Pub. L. 103–305 added par. (6).
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Pub. L. 108–7, div. I, title III, §367, Feb. 20, 2003, 117 Stat. 423, provided that:
“(a) The Under Secretary of Transportation for Security may issue a letter of intent to an airport committing to obligate from future budget authority an amount, not more than the Federal Government's share of the project's cost, for an airport security improvement project (including interest costs and costs of formulating the project) at the airport. The letter shall establish a schedule under which the Under Secretary will reimburse the airport for the Government's share of the project's costs, as amounts become available, if the airport, after the Under Secretary issues the letter, carries out the project without receiving amounts under Chapter 471 of title 49 [United States Code].
“(b) The airport shall notify the Under Secretary of the airport's intent to carry out the airport security improvement project before the project begins.
“(c) A letter of intent may be issued under this section only if—
“(1) The airport security improvement project to which the letter applies involves the replacement of baggage conveyer systems or the reconfiguration of terminal baggage areas in order to install explosive detection systems; and
“(2) The Under Secretary determines that the project will improve security or will improve the efficiency of the airport without lessening security.
“(d) A letter of intent issued under this section is not an obligation of the Government under section 1501 of title 31 [United States Code], and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws.
“(e) The Government's share of the project's cost shall be 75 percent for a project at an airport having at least 0.25 percent of the total number of passenger boardings each year at all airports and 90 percent for a project at any other airport.
“(f) Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this section in the same fiscal year as the letter of intent is issued.
“(g) The Under Secretary shall notify the House and Senate Committees on Appropriations, the House Transportation and Infrastructure Committee, and the Senate Commerce, Science, and Transportation Committee at least 3 days prior to the issuance of a letter of intent under this section.
“(h) There is authorized to be appropriated to carry out this section $500,000,000 in each of fiscal years 2003, 2004, 2005, 2006, and 2007.”
Pub. L. 102–388, title III, §320, Oct. 6, 1992, 106 Stat. 1546, provided that: “The authority conferred by section 513(d) of the Airport and Airway Improvement Act of 1982, as amended [see subsec. (e) of this section], to issue letters of intent shall remain in effect subsequent to September 30, 1992. Letters of intent may be issued under such subsection to applicants determined to be qualified under such Act [substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by first section thereof as this subchapter]: Provided, That, notwithstanding any other provision of law, all such letters of intent in excess of $10,000,000 shall be submitted for approval to the Committees on Appropriations of the Senate and the House of Representatives; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives.” Similar provisions were contained in the following prior appropriation acts:
Pub. L. 102–143, title III, §320, Oct. 28, 1991, 105 Stat. 942.
Pub. L. 101–516, title III, §320, Nov. 5, 1990, 104 Stat. 2181.
Pub. L. 101–164 title III, §326, Nov. 21, 1989, 103 Stat. 1096.
Pub. L. 100–457, title III, §334, Sept. 30, 1988, 102 Stat. 2153.
1 So in original. Probably should be “compatibility”.
2 See References in Text note below.
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1266; Pub. L. 103–305, title I, §112(b), Aug. 23, 1994, 108 Stat. 1575.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47111(a) | 49 App.:2213 (1st, 2d sentences). | Sept. 3, 1982, Pub. L. 97–248, §514, 96 Stat. 691. |
| 47111(b) | 49 App.:2213 (3d, 4th sentences). | |
| 47111(c) | 49 App.:2213 (last sentence). | |
| 47111(d) | 49 App.:2218(b) (related to payment). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §519(b) (related to payment); added Dec. 30, 1987, Pub. L. 100–223, §112(2), 101 Stat. 1504. |
In subsection (a), the words “the terms of” are omitted as surplus. The words “totaling” and “total” are substituted for “in an aggregate amount” and “aggregate” for consistency in the revised title. The words “from time to time” are omitted as surplus. The words “before the project is completed” are substituted for “in advance of accomplishment of the airport project to which the payments relate” for consistency in this chapter and to eliminate unnecessary words.
In subsection (b), the words “at any time” are omitted as surplus. The words “project for which an advance payment was made has not been completed within a reasonable time” are substituted for “any airport development to which the advance payments relate has not been accomplished within a reasonable time or the project is not completed” for clarity, for consistency in this chapter, and to eliminate unnecessary words.
In subsection (d)(1) and (2), the word “sponsor” is substituted for “recipient” and “grant recipient” for clarity.
In subsection (d)(2)(A), the word “mutual” is omitted as surplus.
In subsection (d)(3), the words “adversely affected” are substituted for “aggrieved” for consistency in the revised title and with other titles of the United States Code. The words “the date on which” are omitted as surplus.
1994—Subsecs. (e), (f). Pub. L. 103–305 added subsecs. (e) and (f).
(a)
(b)
(c)
(A) “disabled veteran” has the same meaning given that term in section 2108 of title 5.
(B) “Vietnam-era veteran” means an individual who served on active duty (as defined in section 101 of title 38) in the armed forces for more than 180 consecutive days, any part of which occurred after August 4, 1964, and before May 8, 1975, and who was separated from the armed forces under honorable conditions.
(2) A contract involving labor for carrying out an airport development project under a grant agreement under this subchapter must require that preference in the employment of labor (except in executive, administrative, and supervisory positions) be given to Vietnam-era veterans and disabled veterans when they are available and qualified for the employment.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1267; Pub. L. 107–217, §3(n)(8), Aug. 21, 2002, 116 Stat. 1303.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47112(a) | 49 App.:2214(a). | Sept. 3, 1982, Pub. L. 97–248, §515, 96 Stat. 691. |
| 47112(b) | 49 App.:2214(b). | |
| 47112(c) | 49 App.:2214(c). |
In this section, the words “for an airport development project carried out under a grant agreement under this subchapter” are substituted for “on any project for airport development contained in an approved project grant application submitted in accordance with this chapter” in 49 App.:2214(a), “on projects for airport development approved under this chapter” in 49 App.:2214(b), and “under project grants for airport development approved under this chapter” in 49 App.:2214(c) for clarity and consistency in this section. See H.R. Rept. No. 97–760, 97th Cong., 2d Sess., p. 715 (1982).
In subsection (a), the words “or sponsors” are omitted because of 1:1.
In subsection (b), the words “must require contractors to pay labor minimum wage rates” are substituted for “shall contain provisions establishing minimum rates of wages . . . which contractors shall pay to skilled and unskilled labor” to eliminate unnecessary words. The word “proposals” is omitted as included in “bids”.
Subsection (c)(1)(A) is substituted for “a disabled veteran is an individual described in section 2108(2) of title 5” for consistency in the revised title and with other titles of the Code.
In subsection (c)(1)(B), the words “after August 4, 1964, and before May 8, 1975” are substituted for “during the period beginning August 5, 1964, and ending May 7, 1975” for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words.
In subsection (c)(2), the words “must require that” are substituted for “shall contain such provisions as are necessary to insure that”, and the words “when they are available and qualified for the employment” are substituted for “However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates”, to eliminate unnecessary words.
2002—Subsec. (b). Pub. L. 107–217 substituted “sections 3141–3144, 3146, and 3147 of title 40” for “the Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a—276a–5)”.
(a)
(1) “small business concern”—
(A) has the same meaning given that term in section 3 of the Small Business Act (15 U.S.C. 632); but
(B) does not include a concern, or group of concerns controlled by the same socially and economically disadvantaged individual, that has average annual gross receipts over the prior 3 fiscal years of more than $16,015,000, as adjusted by the Secretary of Transportation for inflation;
(2) “socially and economically disadvantaged individual” has the same meaning given that term in section 8(d) of the Act (15 U.S.C. 637(d)) and relevant subcontracting regulations prescribed under section 8(d), except that women are presumed to be socially and economically disadvantaged; and
(3) the term “qualified HUBZone small business concern” has the meaning given that term in section 3(p) of the Small Business Act (15 U.S.C. 632(o) 1).
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1268; Pub. L. 103–429, §6(65), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 105–135, title VI, §604(h)(2), Dec. 2, 1997, 111 Stat. 2635.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47113(a) | 49 App.:2204(d)(2). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §505(d); added Dec. 30, 1987, Pub. L. 100–223, §105(f), 101 Stat. 1493; Oct. 31, 1992, Pub. L. 102–581, §117(c), 106 Stat. 4883. |
| 47113(b) | 49 App.:2204(d)(1). | |
| 47113(c) | 49 App.:2204(d)(4). | |
| 47113(d) | 49 App.:2204(d)(3). |
In subsection (a)(1)(B), the words “or individuals” are omitted because of 1:1.
In subsection (a)(2), the reference is to section 8(c) of the Act because 15:637(d) was redesignated as 15:637(c) by section 3 of the Women's Business Development Act of 1991 (Public Law 102–191, 105 Stat. 1591).
In subsection (b), the words “beginning after September 30, 1987” are omitted as obsolete.
This amends 49:47113(a)(2) to correct erroneous cross-references.
1997—Subsec. (a). Pub. L. 105–135, §604(h)(2)(A), substituted semicolon for period at end of par. (1), substituted “; and” for period at end of par. (2), and added par. (3).
Subsec. (b). Pub. L. 105–135, §604(h)(2)(B), inserted “or qualified HUBZone small business concerns” before period at end.
1994—Subsec. (a)(2). Pub. L. 103–429 substituted “8(d)” for “8(c)” in two places and “637(d))” for “637(c))”.
Amendment by Pub. L. 105–135 effective Oct. 1, 1997, see section 3 of Pub. L. 105–135, set out as a note under section 631 of Title 15, Commerce and Trade.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
1 So in original. Probably should be “632(p)”.
(a)
(b)
(c)
(1)
(A)
(i) $7.80 for each of the first 50,000 passenger boardings at the airport during the prior calendar year;
(ii) $5.20 for each of the next 50,000 passenger boardings at the airport during the prior calendar year;
(iii) $2.60 for each of the next 400,000 passenger boardings at the airport during the prior calendar year;
(iv) $.65 for each of the next 500,000 passenger boardings at the airport during the prior calendar year; and
(v) $.50 for each additional passenger boarding at the airport during the prior calendar year.
(B)
(C)
(i) the amount to be apportioned to a sponsor under subparagraph (A) shall be increased by doubling the amount that would otherwise be apportioned;
(ii) the minimum apportionment to a sponsor under subparagraph (B) shall be $1,000,000 rather than $650,000; and
(iii) the maximum apportionment to a sponsor under subparagraph (B) shall be $26,000,000 rather than $22,000,000.
(D)
(E)
(i) passenger boardings at the airport fell below 10,000 in the calendar year used to calculate the apportionment;
(ii) the airport had at least 10,000 passenger boardings in the calendar year prior to the calendar year used to calculate apportionments to airport sponsors in a fiscal year; and
(iii) the cause of the shortfall in passenger boardings was a temporary but significant interruption in service by an air carrier to that airport due to an employment action, natural disaster, or other event unrelated to the demand for air transportation at the affected airport.
(F)
(i) the passenger boardings at the airport were below 10,000 in calendar year 2002 or 2003;
(ii) the airport had at least 10,000 passenger boardings and scheduled passenger aircraft service in either calendar year 2000 or 2001; and
(iii) the reason that passenger boardings described in clause (i) were below 10,000 was the decrease in passengers following the terrorist attacks of September 11, 2001.
(G)
(i) the passenger boardings at the airport were below 10,000 in calendar year 2004;
(ii) the airport had at least 10,000 passenger boardings and scheduled passenger aircraft service in either calendar year 2000 or 2001; and
(iii) the reason that passenger boardings described in clause (i) were below 10,000 was the decrease in passengers following the terrorist attacks of September 11, 2001.
(2)
(A)
(B)
(C)
(D)
(E)
(d)
(1)
(A)
(B)
(2)
(A) 0.66 percent of the apportioned amount to Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.
(B) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the population of each of those States bears to the total population of all of those States.
(C) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States.
(3)
(A) To each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of—
(i) $150,000; or
(ii) 1/5 of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103.
(B) Any remaining amount to States as follows:
(i) 0.62 percent of the remaining amount to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands.
(ii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the population of each of those States bears to the total population of all of those States.
(iii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the area of each of those States bears to the total area of all of those States.
(4)
(5)
(A)
(i) safety will not be negatively affected; and
(ii) the life of the pavement will not be shorter than it would be if constructed using Administration standards.
(B)
(6)
(e)
(1)
(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)
(3)
(4)
(f)
(1)
(A) in the case of a fee of $3.00 or less, 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; and
(B) in the case of a fee of more than $3.00, 75 percent of the projected revenues from the fee in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section.
(2)
(3)
(A)
(B)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1268; Pub. L. 103–429, §6(66), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 104–264, title I, §121, Oct. 9, 1996, 110 Stat. 3217; Pub. L. 106–181, title I, §§104(a)–(d), 105(c), Apr. 5, 2000, 114 Stat. 67–71; Pub. L. 108–176, title I, §§146, 147, Dec. 12, 2003, 117 Stat. 2504; Pub. L. 109–115, div. A, title I, §109, Nov. 30, 2005, 119 Stat. 2402.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47114(a), (b) | 49 App.:2206(a) (words before cl. (1)). | Sept. 3, 1982, Pub. L. 97–248, §507(a)(1), (3), (b)(2), (4)–(5)(C), (E), (6), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1494, 1496. |
| 47114(c) (1)(A) | 49 App.:2206(a)(1). | |
| 49 App.:2206(e)(1). | Sept. 3, 1982, Pub. L. 97–248, §507(e), (f), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1497; Nov. 5, 1990, Pub. L. 101–508, §9112(b), 104 Stat. 1388–362. | |
| 47114(c) (1)(B) | 49 App.:2206(b)(1). | Sept. 3, 1982, Pub. L. 97–248, §507(a)(2), (b)(1), (3), (5)(F), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1494, 1496; Oct. 31, 1992, Pub. L. 102–581, §106, 106 Stat. 4878. |
| 47114(c)(2) | 49 App.:2206(a)(2), (b)(4), (e)(2). | |
| 47114(c)(3) | 49 App.:2206(b)(2), (3). | |
| 47114(d)(1) | 49 App.:2206(f). | |
| 47114(d)(2) | 49 App.:2206(a)(3). | |
| 47114(d)(3) | 49 App.:2206(b)(6). | |
| 47114(e) | 49 App.:2206(b) (5)(A)–(C), (E), (F). | |
| 47114(f) | 49 App.:2206(b)(7). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §507(b)(7); added Nov. 5, 1990, Pub. L. 101–508, §9111, 104 Stat. 1388–362. |
In subsection (a), the word “newly” is substituted for “and not previously apportioned” for clarity. The words “made available” are substituted for “authorized to be obligated” for clarity and consistency.
In subsection (c)(1)(A), the words “during the prior calendar year” are substituted for 49 App.:2206(b) for clarity.
In subsection (c)(2)(A), the word “cargo” is substituted for “property (including mail)” for consistency in the revised title.
In subsection (c)(3), the words “The total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for a fiscal year” are substituted for 49 App.:2206(b)(2)(A) and (3)(A) for clarity and to eliminate unnecessary words. The words “If this paragraph requires reduction of an amount that otherwise would be apportioned under this subsection” are substituted for “In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)” for clarity.
In subsection (d)(2)(A), the words “the Commonwealth of” are omitted as surplus.
In subsection (d)(2)(B) and (C), the words “except as provided in paragraph (3) of this subsection” are added, and the words “49.5 percent of the apportioned amount” are substituted for “1/2 of the remaining 99 percent”, for clarity.
In subsection (d)(3), before clause (A), the words “Notwithstanding subsection (a)(3)(B) of this section” are omitted as surplus.
In subsection (e)(1), before clause (A), the words “Instead of apportioning amounts for airports in Alaska under subsections (c) and (d) of this section” are substituted for “Notwithstanding any other provision of subsection (a) of this section” for clarity.
In subsection (e)(2), the words “be construed as” are omitted as surplus.
In subsection (f), the words “which, but for this paragraph, would be” the first time they appear are omitted as surplus. The words “but not by more than” are substituted for “The maximum reduction in an apportionment to a sponsor of an airport as a result of this paragraph in a fiscal year shall be” to eliminate unnecessary words.
Revision notes for 49:47114(c)(3)(A) are included to reflect changes made for clarity and to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1269).
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47114(c) (1)(B) | 49 App.:2206(b)(1). | Sept. 3, 1982, Pub. L. 97–248, §507(b)(1), as amended May 26, 1994, Pub. L. 103–260, §103, 108 Stat. 698. |
| 47114(c) (3)(B) | 49 App.:2206(b)(3). | Sept. 3, 1982, Pub. L. 97–248, §507(b)(3), as amended May 26, 1994, Pub. L. 103–260, §102, 108 Stat. 698. |
In subsection (c)(3)(A) and (B), the words “If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection” are substituted for “In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)” for clarity.
In subsection (c)(3)(A), the words “Except as provided in subparagraph (B) of this paragraph” are added for clarity. The words “the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year” are substituted for 49 App.:2206(b)(2)(A), as in effect on July 4, 1994, for clarity and to eliminate unnecessary words.
In subsection (c)(3)(B), the words “the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year” are substituted for 49 App.:2206(b)(3)(A), as in effect on July 4, 1994, for clarity and to eliminate unnecessary words.
Section 15(a) of the Airport and Airway Development Act of 1970, referred to in subsec. (e)(1), is section 15(a) of Pub. L. 91–258, which was classified to section 1715(a) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695.
2005—Subsec. (c)(1)(G). Pub. L. 109–115 added subpar. (G).
2003—Subsec. (c)(1)(F). Pub. L. 108–176, §146(a), added subpar. (F).
Subsec. (c)(2). Pub. L. 108–176, §147(1), struck out “
Subsec. (c)(2)(A). Pub. L. 108–176, §147(2), substituted “3.5 percent” for “3 percent”.
Subsec. (f)(3). Pub. L. 108–176, §146(b)(1), substituted “
Subsec. (f)(3)(B). Pub. L. 108–176, §146(b)(2), substituted “fiscal year 2004” for “fiscal years 2000 through 2003”.
2000—Subsec. (c)(1). Pub. L. 106–181, §104(a)(2)(A), (C), inserted headings for par. (1) and subpar. (A) and realigned margins.
Subsec. (c)(1)(B). Pub. L. 106–181, §104(a)(1)(A), (2)(B), (C), inserted heading, substituted “$650,000” for “$500,000”, and realigned margins.
Subsec. (c)(1)(C) to (E). Pub. L. 106–181, §104(a)(1)(B), added subpars. (C) to (E).
Subsec. (c)(2)(A). Pub. L. 106–181, §104(b)(1), substituted “3 percent” for “2.5 percent”.
Subsec. (c)(2)(C). Pub. L. 106–181, §104(b)(2), substituted “In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than” for “Not more than”.
Subsec. (d). Pub. L. 106–181, §104(c), amended heading and text of subsec. (d) generally, revising and restating as pars. (1) to (6) provisions formerly contained in pars. (1) to (3).
Subsec. (e). Pub. L. 106–181, §104(d)(1), substituted “Supplemental” for “Alternative” in heading.
Subsec. (e)(1). Pub. L. 106–181, §104(d)(2), (5), inserted heading, realigned margins, and in introductory provisions substituted “Notwithstanding” for “Instead of apportioning amounts for airports in Alaska under” and “airports in Alaska” for “those airports”.
Subsec. (e)(2). Pub. L. 106–181, §104(d)(3), (5), inserted heading and realigned margins.
Subsec. (e)(3), (4). Pub. L. 106–181, §104(d)(4), added pars. (3) and (4) and struck out former par. (3) which read as follows: “Airports referred to in this subsection include those public airports that received scheduled service as of September 3, 1982, but were not apportioned amounts in the fiscal year ending September 30, 1980, under section 15(a) of the Act because the airports were not under the control of a State or local public agency.”
Subsec. (f). Pub. L. 106–181, §105(c), designated existing provisions as par. (1), inserted heading, realigned margins, substituted “Subject to paragraph (3), an amount” for “An amount” and “an amount equal to—” and subpars. (A) and (B) for “an amount equal to 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section.”, and added pars. (2) and (3).
1996—Subsec. (c)(1)(A)(iv). Pub. L. 104–264, §121(a)(1)(B), substituted “of the next 500,000 passenger boardings” for “additional passenger boarding”.
Subsec. (c)(1)(A)(v). Pub. L. 104–264, §121(a)(1)(A), (C), (D), added cl. (v).
Subsec. (c)(2). Pub. L. 104–264, §121(a)(2)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows:
“(2)(A) The Secretary shall apportion to the sponsors of airports served by aircraft providing air transportation of only cargo with a total annual landed weight of more than 100,000,000 pounds for each fiscal year an amount equal to 3.5 percent of the amount subject to apportionment each year, allocated among those airports in the proportion that the total annual landed weight of those aircraft landing at each of those airports bears to the total annual landed weight of those aircraft landing at all those airports. However, not more than 8 percent of the amount apportioned under this paragraph may be apportioned for any one airport.
“(B) Landed weight under subparagraph (A) of this paragraph is the landed weight of aircraft landing at each of those airports and all those airports during the prior calendar year.”
Subsec. (c)(3). Pub. L. 104–264, §121(a)(3), struck out par. (3) which read as follows:
“(3)(A) Except as provided in subparagraph (B) of this paragraph, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 49.5 percent limit is achieved.
“(B) If a law limits the amount subject to apportionment to less than $1,900,000,000 for a fiscal year, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 44 percent limit is achieved.”
Subsec. (d)(2). Pub. L. 104–264, §121(b)(1), substituted “18.5” for “12” in introductory provisions.
Subsec. (d)(2)(A). Pub. L. 104–264, §121(b)(2), substituted “0.66” for “one”.
Subsec. (d)(2)(B), (C). Pub. L. 104–264, §121(b)(3), (4), substituted “49.67” for “49.5” and “excluding primary airports but including reliever and nonprimary commercial service airports,” for “except primary airports and airports described in section 47117(e)(1)(C) of this title,”.
1994—Subsec. (c)(1)(B). Pub. L. 103–429, §6(66)(A), substituted “$500,000” for “$400,000”.
Subsec. (c)(3). Pub. L. 103–429, §6(66)(B), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B) of this paragraph, the” for “The”, “49.5” for “44” in two places, and “If this subparagraph” for “If this paragraph”, and added subpar. (B).
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Section 125 of title I of Pub. L. 104–264, which provided that the amendments made by subtitle B (§§121–125) of title I of Pub. L. 104–264, amending this section and sections 47115, 47117, and 47118 of this title, were to cease to be effective on Sept. 30, 1998, and that on and after such date, sections 47114, 47115, 47117, and 47118 of this title were to read as if such amendments had not been enacted, was repealed by Pub. L. 105–277, div. C, title I, §110(a), Oct. 21, 1998, 112 Stat. 2681–587, effective Sept. 29, 1998.
Amendment by section 6(66)(B) of Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.
Pub. L. 107–71, title I, §119(b), Nov. 19, 2001, 115 Stat. 629, provided that: “For the purpose of carrying out section 47114 of title 49, United States Code, for fiscal year 2003, the Secretary shall use, in lieu of passenger boardings at an airport during the prior calendar year, the greater of—
“(1) the number of passenger boardings at that airport during 2000; or
“(2) the number of passenger boardings at that airport during 2001.”
[For definition of “airport” used in section 119(b) of Pub. L. 107–71, set out above, see section 133 of Pub. L. 107–71, set out as a note under section 40102 of this title.]
(a)
(1) amounts subject to apportionment for a fiscal year that are not apportioned under section 47114(c)–(e) of this title; and
(2) 12.5 percent of amounts not apportioned under section 47114 of this title because of section 47114(f).
(b)
(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)
(A) the effect that the project will have on overall national transportation system capacity;
(B) the benefit and cost of the project, including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system;
(C) the financial commitment from non-United States Government sources to preserve or improve airport capacity;
(D) the airport improvement priorities of the States to the extent such priorities are not in conflict with subparagraphs (A) and (B);
(E) the projected growth in the number of passengers or aircraft that will be using the airport at which the project will be carried out; and
(F) the ability of the project to foster United States competitiveness in securing global air cargo activity at a United States airport.
(2)
(A) funding has been provided for all other projects qualifying for funding during the fiscal year under this chapter that have attained a higher score under the numerical priority system employed by the Secretary in administering the fund; and
(B) the sponsor will be able to commence the work identified in the project application in the fiscal year in which the grant is made or within 6 months after the grant is made, whichever is later.
(e)
(f)
(1)
(2)
(g)
(1)
(A) $148,000,000; plus
(B) the total amount required from the fund to carry out in the fiscal year letters of intent issued before January 1, 1996, under section 47110(e) of this title or the Airport and Airway Improvement Act of 1982.
The amount credited is exclusive of amounts that have been apportioned in a prior fiscal year under section 47114 of this title and that remain available for obligation.
(2)
(3)
(h)
(i)
(j)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1270; Pub. L. 103–305, title I, §112(d), Aug. 23, 1994, 108 Stat. 1576; Pub. L. 103–429, §6(67), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 104–264, title I, §§122, 145, Oct. 9, 1996, 110 Stat. 3218, 3222; Pub. L. 104–287, §5(81), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 106–6, §§5, 8(a), Mar. 31, 1999, 113 Stat. 10, 11; Pub. L. 107–71, title I, §119(a)(3), Nov. 19, 2001, 115 Stat. 628; Pub. L. 108–176, title I, §§148, 188, Dec. 12, 2003, 117 Stat. 2504, 2519; Pub. L. 110–253, §3(c)(5), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, §5(f), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(e), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(f), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(e), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §5(e), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(e), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(e), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(e), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §5(f), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(e), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(e), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(e), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(e), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(e), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(f), Sept. 16, 2011, 125 Stat. 358.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47115(a) | 49 App.:2206(c)(1) (1st, 2d sentences). | Sept. 3, 1982, Pub. L. 97–248, §507(c), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1496; Nov. 5, 1990, Pub. L. 101–508, §9112(a), 104 Stat. 1388–362. |
| 47115(b) | 49 App.:2206(c)(1) (3d, last sentences). | |
| 47115(c) | 49 App.:2206(c)(2). | |
| 47115(d) | 49 App.:2206(c)(3). | |
| 47115(e) | 49 App.:2206(c)(4). |
In subsection (a), before clause (1), the words “The Secretary of Transportation has a discretionary fund” are added for clarity. In clause (1), the words “subject to apportionment for a fiscal year” are substituted for “which are made available for a fiscal year under section 2204 of this Appendix” and “which have not been previously apportioned by the Secretary” for consistency with section 47114 of the revised title.
In subsection (c), before clause (1), the words “Subject to section 2207(d) of this Appendix and paragraph (4) of this subsection” and “pursuant to paragraph (1) and distributed by the Secretary under this subsection in a fiscal year beginning after September 30, 1987” are omitted as surplus.
In subsection (d), before clause (1), the words “at airports” are omitted as surplus. In clause (3), the words “airport operator or other” are omitted as surplus.
In subsection (e), the words “submitted in compliance with this chapter” and “portion of” are omitted as surplus.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47115(f) | 49 App.:2206(c)(5). | Sept. 3, 1982, Pub. L. 97–248, §507(c)(5), as added May 26, 1994, Pub. L. 103–260, §104(a), 108 Stat. 698. |
| 49 App.:2206 (note). | May 26, 1994, Pub. L. 103–260, §104(b), 108 Stat. 699. |
In subsection (f), the text of section 104(b) of the Airport Improvement Program Temporary Extension Act of 1994 (Public Law 103–260, 108 Stat. 699) is omitted as executed.
This sets out the date of enactment of 49:47115(f), as enacted by section 112(d) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1576).
This redesignates 49:47115(f), as enacted by section 6(67) of the Act of October 31, 1994 (Public Law 103–429, 108 Stat. 4386), as 49:47115(g).
The Airport and Airway Improvement Act of 1982, referred to in subsec. (g)(1)(B), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, which was classified principally to chapter 31 (§2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this subchapter.
Section 47102(3)(J), referred to in subsec. (i), was repealed and subpar. (M) was redesignated (J) by Pub. L. 108–176, title I, §159(b)(1)(A), Dec. 12, 2003, 117 Stat. 2510.
2011—Subsec. (j). Pub. L. 112–30 substituted “fiscal years 2004 through 2011, and for the portion of fiscal year 2012 ending before February 1, 2012,” for “fiscal years 2004 through 2010, and for the portion of fiscal year 2011 ending before September 17, 2011,”.
Pub. L. 112–27 substituted “September 17, 2011,” for “July 23, 2011,”.
Pub. L. 112–21 substituted “July 23, 2011,” for “July 1, 2011,”.
Pub. L. 112–16 substituted “July 1, 2011,” for “June 1, 2011,”.
Pub. L. 112–7 substituted “June 1, 2011,” for “April 1, 2011,”.
2010—Subsec. (j). Pub. L. 111–329 substituted “April 1, 2011,” for “January 1, 2011,”.
Pub. L. 111–249 inserted “and for the portion of fiscal year 2011 ending before January 1, 2011,” after “2010,”.
Pub. L. 111–216 substituted “fiscal years 2004 through 2010,” for “fiscal years 2004 through 2009, and for the portion of fiscal year 2010 ending before August 2, 2010,”.
Pub. L. 111–197 substituted “August 2, 2010,” for “July 4, 2010,”.
Pub. L. 111–161 substituted “July 4, 2010,” for “May 1, 2010,”.
Pub. L. 111–153 substituted “May 1, 2010,” for “April 1, 2010,”.
2009—Subsec. (j). Pub. L. 111–116 substituted “April 1, 2010,” for “January 1, 2010,”.
Pub. L. 111–69 inserted “and for the portion of fiscal year 2010 ending before January 1, 2010,” after “2009,”.
Pub. L. 111–12 substituted “2009,” for “2008, and for the portion of fiscal year 2009 ending before April 1, 2009,”.
2008—Subsec. (j). Pub. L. 110–330 inserted “and for the portion of fiscal year 2009 ending before April 1, 2009,” after “2008,”.
Pub. L. 110–253 substituted “fiscal years 2004 through 2008,” for “fiscal years 2004 through 2007,”.
2003—Subsec. (d). Pub. L. 108–176, §148, amended subsec. (d) generally. Prior to amendment, subsec. (d) listed six things the Secretary was required to consider in selecting a project for a grant to preserve and enhance capacity as described in subsection (c)(1) of this section.
Subsec. (j). Pub. L. 108–176, §188, added subsec. (j).
2001—Subsec. (i). Pub. L. 107–71 added subsec. (i).
1999—Subsec. (a)(2). Pub. L. 106–6, §8(a)(1), substituted “12.5” for “25”.
Subsec. (b). Pub. L. 106–6, §8(a)(2), struck out at end “However, 50 percent of amounts not apportioned under section 47114 of this title because of section 47114(f) and added to the fund is available for making grants for projects at small hub airports (as defined in section 41731 of this title).”
Subsec. (g)(4). Pub. L. 106–6, §5, which directed the amendment of section 47115(g) by striking paragraph (4), without specifying the Code title to be amended, was executed by striking heading and text of par. (4) of subsec. (g) of this section, to reflect the probable intent of Congress. Text read as follows: “For a fiscal year in which the amount credited to the fund under this subsection exceeds $300,000,000, the Secretary shall allocate the amount of such excess as follows:
“(A) 1/3 shall be made available to airports for which apportionments are made under section 47114(d) of this title.
“(B) 1/3 shall be made available for airport noise compatibility planning under section 47505(a)(2) of this title and for carrying out noise compatibility programs under section 47504(c)(1) of this title.
“(C) 1/3 shall be made available to current or former military airports for which grants may be made under section 47117(e)(1)(B) of this title.”
1996—Subsec. (d)(2). Pub. L. 104–264, §145(a)(1), substituted “, including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system;” for “; and”.
Subsec. (d)(4) to (6). Pub. L. 104–264, §145(a)(2), (3), added pars. (4) to (6).
Subsec. (f). Pub. L. 104–287, §5(81)(B), which directed that subsec. (f), as enacted by Pub. L. 103–429, be redesignated (g), could not be executed because of amendment by Pub. L. 104–264, §122, which struck out that subsec. See below.
Pub. L. 104–264, §122, struck out subsec. (f), relating to minimum amount to be credited, which read as follows:
“(f)
“(2) In a fiscal year in which the amount credited under subsection (a) of this section is less than $325,000,000, the total amount calculated under paragraph (3) of this subsection shall be reduced by an amount that, when credited to the fund, together with the amount credited under subsection (a), equals $325,000,000.
“(3) For a fiscal year, the total amount available to reduce to carry out paragraph (2) of this subsection is the total of the amounts determined under sections 47114(c)(1)(A) and (2) and (d) and 47117(e) of this title. Each amount shall be reduced by an equal percentage to achieve the reduction.”
Subsec. (f)(2). Pub. L. 104–287, §5(81)(A), substituted “August 23, 1994” for “the date of the enactment of this subsection”.
Subsec. (g). Pub. L. 104–264, §122, added subsec. (g).
Subsec. (h). Pub. L. 104–264, §145(b), added subsec. (h).
1994—Subsec. (f). Pub. L. 103–429 added subsec. (f) relating to minimum amount to be credited.
Pub. L. 103–305 added subsec. (f) relating to consideration of diversion of revenues in awarding discretionary grants.
Amendment by Pub. L. 112–27 effective July 23, 2011, see section 5(j) of Pub. L. 112–27, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–21 effective July 1, 2011, see section 5(j) of Pub. L. 112–21, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–16 effective June 1, 2011, see section 5(j) of Pub. L. 112–16, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–7 effective Apr. 1, 2011, see section 5(j) of Pub. L. 112–7, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–329 effective Jan. 1, 2011, see section 5(j) of Pub. L. 111–329, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–249 effective Oct. 1, 2010, see section 5(l) of Pub. L. 111–249, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–216 effective Aug. 2, 2010, see section 104(j) of Pub. L. 111–216, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–197 effective July 4, 2010, see section 5(j) of Pub. L. 111–197, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–161 effective May 1, 2010, see section 5(j) of Pub. L. 111–161, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–153 effective Apr. 1, 2010, see section 5(j) of Pub. L. 111–153, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–116 effective Jan. 1, 2010, see section 5(j) of Pub. L. 111–116, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–12 effective Apr. 1, 2009, see section 5(j) of Pub. L. 111–12, set out as a note under section 40117 of this title.
Amendment by Pub. L. 110–330 effective Oct. 1, 2008, see section 5(l) of Pub. L. 110–330, set out as a note under section 40117 of this title.
Amendment by Pub. L. 110–253 effective July 1, 2008, see section 3(d) of Pub. L. 110–253, set out as a note under section 9502 of Title 26, Internal Revenue Code.
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by section 5(81)(B) of Pub. L. 104–287 effective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287, set out as a note under section 47117 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
1 See References in Text note below.
2 So in original. Probably should be “non-Federal”.
(a)
(b)
(1) one-seventh for grants for projects at small hub airports; and
(2) the remaining amounts based on the following:
(A) one-third for grants to sponsors of public-use airports (except commercial service airports).
(B) two-thirds for grants to sponsors of each commercial service airport that each year has less than .05 percent of the total boardings in the United States in that year.
(c)
(d)
(1)
(2)
(e)
(f)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1271; Pub. L. 104–264, title I, §146, Oct. 9, 1996, 110 Stat. 3223; Pub. L. 106–6, §8(b), Mar. 31, 1999, 113 Stat. 11; Pub. L. 106–181, title I, §128, Apr. 5, 2000, 114 Stat. 76; Pub. L. 108–176, title VIII, §801(b), Dec. 12, 2003, 117 Stat. 2587.)
| 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, Pub. L. 97–248, 96 Stat. 324, §507(d); added Nov. 5, 1990, Pub. L. 101–508, §9112(b), 104 Stat. 1388–362. |
| 47116(b) | 49 App.:2206(d)(1) (words after “small airport fund”), (2), (3). | |
| 47116(c) | 49 App.:2206(d)(4). |
In subsection (a), the words “The Secretary of Transportation has a small airport fund” are added for clarity.
In subsection (b), before clause (1), the words “under this subsection” are omitted as surplus. In clauses (1) and (2), the words “used” and “making” are omitted as surplus.
In subsection (c), the word “pilot” is added for consistency with section 47128 of the revised title.
2003—Subsec. (b)(1). Pub. L. 108–176 struck out “(as defined in section 41731 of this title)” after “small hub airports”.
2000—Subsec. (d). Pub. L. 106–181, §128(c), designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).
Subsec. (e). Pub. L. 106–181, §128(a), added subsec. (e).
Subsec. (f). Pub. L. 106–181, §128(b), added subsec. (f).
1999—Subsec. (a). Pub. L. 106–6, §8(b)(1), substituted “87.5” for “75”.
Subsec. (b). Pub. L. 106–6, §8(b)(2), added pars. (1) and (2) and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (2).
1996—Subsec. (d). Pub. L. 104–264 added subsec. (d).
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
(a)
(b)
(c)
(2)
(d)
(1) section 47114(d)(2)(A) of this title is available for grants for airports located in the State; and
(2) section 47114(d)(2)(B) or (C) of this title is available for grants for airports described in section 47114(d)(2)(B) or (C) and located in the State.
(e)
(A) At least 35 percent for grants for airport noise compatibility planning under section 47505(a)(2), for carrying out noise compatibility programs under section 47504(c), for noise mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible land use planning and projects carried out by State and local governments under section 47141, and for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.). The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not such 35 percent requirement is being met in that fiscal year.
(B) at 1 least 4 percent to sponsors of current or former military airports designated by the Secretary under section 47118(a) of this title for grants for developing current and former military airports to improve the capacity of the national air transportation system and to sponsors of noncommercial service airports for grants for operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant.
(C) In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least two-thirds of 1 percent for grants to sponsors of reliever airports which have—
(i) more than 75,000 annual operations;
(ii) a runway with a minimum usable landing distance of 5,000 feet;
(iii) a precision instrument landing procedure;
(iv) a minimum number of aircraft, to be determined by the Secretary, based at the airport; and
(v) been designated by the Secretary as a reliever airport to an airport with 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.
(2) If the Secretary decides that an amount required to be used for grants under paragraph (1) of this subsection cannot be used for a fiscal year because there are insufficient qualified grant applications, the amount the Secretary determines cannot be used is available during the fiscal year for grants for other airports or for other purposes for which amounts are authorized for grants under section 48103 of this title.
(3)
(A) Chicago O'Hare International Airport;
(B) LaGuardia Airport;
(C) John F. Kennedy International Airport; and
(D) Ronald Reagan Washington National Airport.
(f)
(1)
(2)
(A)
(B)
(3)
(A)
(B)
(4)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1271; Pub. L. 103–305, title I, §116(a), Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103–429, §6(68), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 104–264, title I, §§123, 124(d), Oct. 9, 1996, 110 Stat. 3219, 3220; Pub. L. 104–287, §5(82), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105–102, §3(c)(1), (2), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–6, §7, Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–31, title VI, §6002(d), May 21, 1999, 113 Stat. 113; Pub. L. 106–181, title I, §§104(e)–(g), 129, title II, §231(f), Apr. 5, 2000, 114 Stat. 70, 77, 114; Pub. L. 108–176, title I, §§149(c), 150, 151, Dec. 12, 2003, 117 Stat. 2505, 2506.)
| 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, Pub. L. 97–248, §§506(e)(4), 508(b), 96 Stat. 679, 681. |
| 49 App.:2207(c) (1st sentence related to purposes for which funds are available). | Sept. 3, 1982, Pub. L. 97–248, §508(c), 96 Stat. 682; Dec. 30, 1987, Pub. L. 100–223, §106(b)(2)(C), 101 Stat. 1498. | |
| 47117(b) | 49 App.:2207(a). | Sept. 3, 1982, Pub. L. 97–248, §508(a), 96 Stat. 681; Dec. 30, 1987, Pub. L. 100–223, §106(b)(2)(A), (B), 101 Stat. 1497. |
| 47117(c)(1) | 49 App.:2207(b)(1) (related to airports at which funds may be used). | |
| 47117(c)(2) | 49 App.:2207(b)(2). | |
| 47117(d) | 49 App.:2207(c) (1st sentence related to airports at which funds are available, last sentence). | |
| 47117(e) | 49 App.:2202(a)(11). | Sept. 3, 1982, Pub. L. 97–248, §503(a)(11), 96 Stat. 673; Dec. 30, 1987, Pub. L. 100–223, §103(c)(1), 101 Stat. 1488. |
| 49 App.:2207(d). | Sept. 3, 1982, Pub. L. 97–248, §508(d), 96 Stat. 682; Dec. 30, 1987, Pub. L. 100–223, §§106(b)(2)(D), 107, 101 Stat. 1498; Nov. 5, 1990, Pub. L. 101–508, §9109(b), 104 Stat. 1388–356; Oct. 31, 1992, Pub. L. 102–581, §§107(a), 108, 106 Stat. 4878, 4879. | |
| 47117(f) | 49 App.:2206(b)(5)(D). | Sept. 3, 1982, Pub. L. 97–248, §507(b)(5)(D), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, §426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, §106(a), 101 Stat. 1496. |
| 47117(g) | 49 App.:2207(e)(1). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(e)(1); added Oct. 2, 1982, Pub. L. 97–276, §167, 96 Stat. 1204; Dec. 30, 1987, Pub. L. 100–223, §106(b)(2)(E), 101 Stat. 1498. |
| 49 App.:2207(e)(2). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(e)(2); added Oct. 2, 1982, Pub. L. 97–276, §167, 96 Stat. 1205. | |
| 47117(h) | 49 App.:2205(e)(4). |
In subsection (b), the words “for grants” are added, and the word “apportioned” is substituted for “first authorized to be obligated”, for clarity. The words “established by section 2206(c) of this Appendix” are omitted as surplus.
In subsection (c)(2), the word “if” is substituted for “on the condition that” to eliminate unnecessary words. The word “in” is substituted for “which is a part of” for clarity.
Subsection (d) is substituted for 49 App.:2207(c) (1st sentence related to airports at which funds are available) for clarity. The text of 49 App.:2207(c) (last sentence) is omitted as surplus because of section 47105(a) of the revised title.
In subsection (e)(1), the words “The Secretary shall use . . . (A) . . . for grants . . . (B) . . . for grants . . . (C) . . . for grants . . . (D) . . . for . . . grants . . . (E) . . . for grants” are substituted for “shall be distributed” and “shall be obligated” for clarity and consistency in the revised title. Clause (C)(ii) is substituted for 49 App.:2207(d)(3)(B) and (C) to eliminate unnecessary words. In clause (E), the references to fiscal years 1991 and 1992 are omitted as obsolete.
In subsection (e)(2), the words “for each fiscal year” are omitted as surplus.
In subsection (e)(3), the words “an amount required to be used for grants under paragraph (1) of this subsection cannot be used” are substituted for “he will not be able to distribute the amount of funds required to be distributed under paragraph (1), (2), (3), or (4) of this subsection” for consistency. The words “submitted in compliance with this chapter” are omitted as surplus. The words “cannot be used” are substituted for “will not be distributed” for consistency. The words “for which amounts are” are added for clarity and consistency in this chapter.
Subsection (f) is substituted for 49 App.:2206(b)(5)(D) for clarity and consistency in the revised title.
In subsection (g)(1), the words “and (3)” are omitted because 49 App.:2207(e)(3) has expired. The words “at his discretion” are omitted as surplus.
In subsection (g)(2)(A), the words “made available” are substituted for “authorized” for clarity.
In subsection (h), the words “to make grants” are substituted for “to obligate to an airport by grant agreement” for consistency in the revised title and to eliminate unnecessary words. The words “the unobligated balance of” are omitted as surplus. The words “limits that authority” are substituted for “limits the application of this paragraph” for clarity. The words “in addition to the amounts authorized for that fiscal year by section 2204 of this Appendix” are omitted as surplus.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47117(e) | 49 App.:2207(d). | Sept. 3, 1982, Pub. L. 97–248, §508(d), as amended May 26, 1994, Pub. L. 103–260, §105, 108 Stat. 699. |
This amends 49:47117(e)(1)(B) because of the redesignation of 49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and (D) by section 6(71)(C) of the Act of October 31, 1994 (Public Law 103–429, 108 Stat. 4387).
This amends 49:47117(g)(1) because of the redesignation of 49:47105(e) as 49:47105(f) by section 107(a)(1) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1572).
The Clean Air Act, referred to in subsec. (e)(1)(A), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
2003—Subsec. (b). Pub. L. 108–176, §150, substituted “nonhub airport or any airport that is not a commercial service airport” for “primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year”.
Subsec. (c)(2). Pub. L. 108–176, §149(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “A sponsor of a primary airport may make an agreement with the Secretary of Transportation waiving any part of the amount apportioned for the airport under section 47114(c)(1) of this title if the Secretary makes the waived amount available for a grant for another public-use airport in the same State or geographical area as the primary airport.”
Subsec. (e)(1)(A). Pub. L. 108–176, §151, substituted “At least 35 percent” for “At least 34 percent”, “section 47505(a)(2),” for “section 47505(a)(2) of this title and”, “, for noise mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible land use planning and projects carried out by State and local governments under section 47141, and for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.).” for “of this title.”, and “35 percent requirement” for “34 percent requirement”.
2000—Subsec. (e)(1)(A). Pub. L. 106–181, §104(e), substituted “34 percent” for “31 percent” in two places.
Subsec. (e)(1)(C). Pub. L. 106–181, §104(f), added subpar. (C).
Subsec. (e)(3). Pub. L. 106–181, §231(f), added par. (3).
Subsec. (f). Pub. L. 106–181, §129, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:
“(f)
“(2) The Secretary may make a grant under paragraph (1) of this subsection only if the Secretary decides that—
“(A) the total amount used for grants for the fiscal year under section 48103 of this title will not be more than the amount made available under section 48103 for that fiscal year; and
“(B) the amounts authorized for grants under section 48103 of this title for later fiscal years are sufficient for grants of the apportioned amounts that were not used for grants under the apportionment during the fiscal year and that remain available under subsection (b) of this section.”
Pub. L. 106–181, §104(g), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: “The Secretary may not make a grant for a commercial service airport in Alaska of more than 110 percent of the amount apportioned for the airport for a fiscal year under section 47114(e) of this title.”
Subsecs. (g), (h). Pub. L. 106–181, §104(g), redesignated subsecs. (g) and (h) as (f) and (g), respectively.
1999—Subsec. (e)(1)(B). Pub. L. 106–31 struck out “for each of fiscal years 1997 and 1998” after “4 percent”.
Pub. L. 106–6 made amendment identical to that made by Pub. L. 105–102, §3(c)(2). See 1997 Amendment note below.
1997—Subsec. (e)(1)(A). Pub. L. 105–102, §3(c)(1)(B), added Pub. L. 104–264, §123(d). See 1996 Amendment note below.
Subsec. (e)(1)(B). Pub. L. 105–102, §3(c)(2), repealed Pub. L. 104–264, §124(d). See 1996 Amendment note below.
Pub. L. 105–102, §3(c)(1)(A), amended Pub. L. 104–264, §123(b)(6). See 1996 Amendment note below.
1996—Subsec. (b). Pub. L. 104–264, §123(a), inserted “or the 3 fiscal years immediately following that year in the case of a primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year” before period at end of first sentence.
Subsec. (e)(1). Pub. L. 104–264, §123(b)(1), substituted “available to the discretionary fund under section 47115” for “made available under section 48103” in introductory provisions.
Subsec. (e)(1)(A). Pub. L. 104–264, §123(d), as added by Pub. L. 105–102, §3(c)(1)(B), substituted “47504(c)” for “47504(c)(1)”.
Pub. L. 104–264, §123(b)(4), (5), substituted “At least 31” for “at least 12.5” and inserted at end “The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not such 31 percent requirement is being met in that fiscal year.”
Pub. L. 104–264, §123(b)(2), (3), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: “at least 5 percent for grants for reliever airports.”
Subsec. (e)(1)(B). Pub. L. 104–287, §5(82)(A), which directed the amendment of subpar. (B) by substituting “47504(c)” for “47504(c)(1)”, could not be executed because “47504(c)(1)” did not appear in text of subpar. (B) subsequent to amendment by Pub. L. 104–264. See below.
Pub. L. 104–264, §124(d), which directed the amendment of subpar. (B) by substituting “1996, 1997, and 1998” for “and 1996,”, was repealed by Pub. L. 105–102, §3(c)(2).
Pub. L. 104–264, §123(b)(6), as amended by Pub. L. 105–102, §3(c)(1)(A), substituted “at least 4 percent for each of fiscal years 1997 and 1998” for “at least 2.25 percent for the fiscal year ending September 30, 1993, and at least 2.5 percent for each of the fiscal years ending September 30, 1994, 1995, and 1996,”.
Pub. L. 104–264, §123(b)(3), (7), redesignated subpar. (E) as (B) and inserted before period at end “and to sponsors of noncommercial service airports for grants for operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant”. Former subpar. (B) redesignated (A).
Subsec. (e)(1)(C), (D). Pub. L. 104–264, §123(b)(2), struck out subpars. (C) and (D) which read as follows:
“(C) at least 1.5 percent for grants for—
“(i) nonprimary commercial service airports; and
“(ii) public airports (except commercial service airports) that were eligible for United States Government assistance from amounts apportioned under section 15(a)(3) of the Airport and Airway Development Act of 1970, and to which section 15(a)(3)(A)(I) or (II) of the Act applied during the fiscal year that ended September 30, 1981.
“(D) at least .75 percent for integrated airport system planning grants to planning agencies designated by the Secretary and authorized by the laws of a State or political subdivision of a State to do planning for an area of the State or subdivision in which a grant under this chapter is to be used.”
Subsec. (e)(1)(E). Pub. L. 104–264, §123(b)(3), redesignated subpar. (E) as (B).
Subsec. (e)(2), (3). Pub. L. 104–264, §123(c), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “A grant from the amount apportioned under section 47114(e) of this title may not be included as part of the 1.5 percent required to be used for grants under paragraph (1)(C) of this subsection.”
Subsec. (g)(1). Pub. L. 104–287, §5(82)(B), substituted “47105(f)” for “47105(e)”.
1994—Subsec. (e)(1)(A). Pub. L. 103–429, §6(68)(A), substituted “5 percent” for “10 percent”.
Subsec. (e)(1)(C). Pub. L. 103–429, §6(68)(B), substituted “1.5 percent” for “2.5 percent” in introductory provisions.
Subsec. (e)(1)(D). Pub. L. 103–429, §6(68)(C), substituted “.75 percent” for “.5 percent”.
Subsec. (e)(1)(E). Pub. L. 103–305 substituted “, 1995, and 1996” for “, and 1995”.
Subsec. (e)(2). Pub. L. 103–429, §6(68)(D), substituted “1.5 percent” for “2.5 percent”.
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Pub. L. 105–102, §3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(1)(B) is effective Oct. 9, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
Section 8(2) of Pub. L. 104–287, as amended by Pub. L. 105–102, §3(d)(2)(B), Nov. 20, 1997, 111 Stat. 2215, provided that: “The amendments made by section 5(81)(B), (82)(A), and (83)(A) [amending this section and sections 47115 and 47118 of this title] shall take effect on September 30, 1998.”
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
1 So in original. Probably should be capitalized.
(a)
(1) the airport is a former military installation closed or realigned under—
(A) section 2687 of title 10;
(B) section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note); or
(C) section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note); or
(2) the airport is a military installation with both military and civil aircraft operations.
(b)
(c)
(1) reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings; or
(2) enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays.
(d)
(e)
(1) may not be leased for more than 10 years; and
(2) is not subject to majority in interest clauses.
(f)
(1)
(2)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1273; Pub. L. 103–305, title I, §116(b)–(d), Aug. 23, 1994, 108 Stat. 1579; Pub. L. 104–264, title I, §124(a)–(c), Oct. 9, 1996, 110 Stat. 3219, 3220; Pub. L. 104–287, §5(83), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 106–181, title I, §130, Apr. 5, 2000, 114 Stat. 78; Pub. L. 108–176, title I, §153, Dec. 12, 2003, 117 Stat. 2507.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47118(a) | 49 App.:2207(f)(1). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(f)(1); added Nov. 5, 1990, Pub. L. 101–508, §9109(c), 104 Stat. 1388–356; Oct. 31, 1992, Pub. L. 102–581, §107(b), 106 Stat. 4878. |
| 47118(b) | 49 App.:2207(f)(2). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(f)(2)–(5); added Nov. 5, 1990, Pub. L. 101–508, §9109(c), 104 Stat. 1388–356. |
| 47118(c) | 49 App.:2207(f)(3). | |
| 47118(d) | 49 App.:2207(f)(4). | |
| 47118(e) | 49 App.:2207(f)(5). | |
| 47118(f) | 49 App.:2207(f)(6). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §508(f)(6); added Oct. 31, 1992, Pub. L. 102–581, §107(c)(1), 106 Stat. 4878. |
In subsection (d), the word “Grants” is substituted for “to participate in the program”, and the word “grants” is substituted for “participation in the program”, for clarity and consistency and to eliminate unnecessary words.
In subsection (e), before clause (1), the words “at the discretion” and “with Federal funding” are omitted as surplus.
This sets out the date of enactment of 49:47118(a) (last sentence).
This makes a clarifying amendment to 49:47118(e) because 49:47109(c) was struck by section 114(b) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1579).
Section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (a)(1)(B), is section 201 of Pub. L. 100–526, which is set out in a note under section 2687 of Title 10, Armed Forces.
Section 2905 of the Defense Base Closure and Realignment Act of 1990, referred to in subsec. (a)(1)(C), is section 2905 of Pub. L. 101–510, which is set out in a note under section 2687 of Title 10.
2003—Subsec. (e). Pub. L. 108–176, §153(1), substituted “From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available” for “Not more than $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for a fiscal year is available” in introductory provisions.
Subsec. (f). Pub. L. 108–176, §153(2), (3), inserted par. (1) designation and heading, substituted “From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available” for “Not more than a total of $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for fiscal years beginning after September 30, 1992, is available”, and added par. (2).
2000—Subsec. (a). Pub. L. 106–181, §130(a)(1)(A), substituted “15” for “12” in introductory provisions.
Subsec. (a)(2). Pub. L. 106–181, §130(a)(1)(B), added par. (2) and struck out former par. (2) which read as follows: “the Secretary finds that such grants would—
“(A) reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings; or
“(B) enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays.”
Subsec. (c). Pub. L. 106–181, §130(a)(2), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “In carrying out this section, the Secretary shall consider only current or former military airports that, when at least partly converted to civilian commercial or reliever airports as part of the national air transportation system, will enhance airport and air traffic control system capacity in major metropolitan areas and reduce current and projected flight delays.”
Subsec. (d). Pub. L. 106–181, §130(a)(3), substituted “47117(e)(1)(B)” for “47117(e)(1)(E)”, “periods, each not to exceed 5 fiscal years,” for “5-fiscal-year periods”, and “each such subsequent period” for “each such subsequent 5-fiscal-year period”.
Subsec. (e). Pub. L. 106–181, §130(b), substituted “$7,000,000” for “$5,000,000”.
Subsec. (f). Pub. L. 106–181, §130(c), in heading, substituted “Hangars, and Air Cargo Terminals” for “and Hangars” and, in text, substituted “$7,000,000” for “$4,000,000” and inserted “and air cargo terminals of an area that is 50,000 square feet or less” before period at end.
Subsec. (g). Pub. L. 106–181, §130(a)(4), added subsec. (g).
1996—Subsec. (a). Pub. L. 104–287, §5(83)(A), which directed amendment of subsec. (a) by substituting “before August 24, 1994” for “on or before the date of the enactment of this sentence”, could not be executed because the phrase to be amended did not appear subsequent to amendment by Pub. L. 104–264, §124(a). See below.
Pub. L. 104–264, §124(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:
“(a)
Subsec. (d). Pub. L. 104–264, §124(b), substituted “designation, and for subsequent 5-fiscal-year periods if the Secretary determines that the airport satisfies the designation criteria under subsection (a) at the beginning of each such subsequent 5-fiscal-year period.” for “designation.”
Subsec. (e). Pub. L. 104–287, §5(83)(B), substituted “Not” for “Notwithstanding section 47109(c) of this title, not”.
Subsec. (f). Pub. L. 104–264, §124(c), amended subsec. (f) by substituting “Utilities, and Hangars” for “and Utilities” in heading and “for fiscal years beginning after September 30, 1992,” for “for the fiscal years ending September 30, 1993–1996,” and “utilities, and hangars” for “and utilities” in text.
1994—Subsec. (a). Pub. L. 103–305, §116(b), substituted “15” for “12” and inserted at end “The Secretary may only designate an airport for such grants (other than an airport designated for such grants on or before the date of the enactment of this sentence) if the Secretary finds that grants under such section for projects at such airport would reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.”
Subsec. (d). Pub. L. 103–305, §116(c), struck out at end “If an airport does not have a level of passengers getting on aircraft during that 5-year period that qualifies the airport as a small hub airport (as defined on January 1, 1990) or reliever airport, the Secretary may redesignate the airport for grants for additional fiscal years that the Secretary decides.”
Subsec. (f). Pub. L. 103–305, §116(d), substituted “September 30, 1993–1996” for “September 30, 1993–1995”.
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Amendment by section 5(83)(A) of Pub. L. 104–287 effective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287, as amended, set out as a note under section 47117 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
(a)
(1)
(2)
(3)
(A) that was a nonhub airport in the most recent year used to calculate apportionments under section 47114;
(B) that is a designated airport under section 47118 in fiscal year 2003; and
(C) at which terminal development is carried out between January 2003 and August 2004,
is available to repay immediately money borrowed and used to pay the costs for such terminal development if those costs would be allowable project costs under section 47110(d).
(4)
(A) the sponsor submits the certification required under section 47110(d);
(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 1 year beginning on the date the grant is used to repay the borrowed money.
(5)
(b)
(1) to a sponsor of a primary airport, any part of amounts apportioned to the sponsor for the fiscal year under section 47114(c)(1) of this title to pay project costs allowable under section 47110(d) of this title;
(2) on approval of the Secretary, not more than $200,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115 of this title—
(A) to a sponsor of a nonprimary commercial service airport to pay project costs allowable under section 47110(d) of this title; and
(B) to a sponsor of a reliever airport for the types of project costs allowable under section 47110(d), including project costs allowable for a commercial service airport that each year does not have more than .05 percent of the total boardings in the United States;
(3) for use by a primary airport that each year does not have more than .05 percent of the total boardings in the United States, any part of amounts that may be distributed for the fiscal year from the discretionary fund and small airport fund to pay project costs allowable under section 47110(d) of this title;
(4) not more than $25,000,000 to pay project costs allowable for the fiscal year under section 47110(d) of this title for projects at commercial service airports that were not eligible for assistance for terminal development during the fiscal year ending September 30, 1980, under section 20(b) of the Airport and Airway Development Act of 1970; or
(5) to a sponsor of a nonprimary airport, any part of amounts apportioned to the sponsor for the fiscal year under section 47114(d)(3)(A) for project costs allowable under section 47110(d).
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1274; Pub. L. 103–305, title I, §117, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103–429, §6(69), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 106–181, title I, §152(b), Apr. 5, 2000, 114 Stat. 87; Pub. L. 108–176, title I, §§149(d), 166, Dec. 12, 2003, 117 Stat. 2505, 2514.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47119(a) | 49 App.:2212(b)(4). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(4), 96 Stat. 690; Dec. 30, 1987, Pub. L. 100–223, §106(b)(5)(B), 101 Stat. 1498. |
| 47119(b) | 49 App.:2212(b)(2). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(2), 96 Stat. 690; Dec. 30, 1987, Pub. L. 100–223, §§106(b)(5)(A), 111(a)(1), 101 Stat. 1498, 1503. |
| 49 App.:2212(b)(3). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(3), 96 Stat. 690. |
In subsection (a), before clause (1), the words “(within the meaning of section 11(1) of the Airport and Airway Development Act of 1970 [49 App. U.S.C. 1711(1)] as in effect immediately before September 3, 1982)” are omitted because of the definition of “air carrier airport” in section 47102 of the revised title. The words “after June 30, 1970” are substituted for “on or after July 1, 1970” for consistency in the revised title and with other titles of the United States Code and to eliminate unnecessary words. The words “to repay immediately money borrowed and used to pay the costs for terminal development at the airport, if those costs would be allowable project costs under section 47110(d) of this title” are substituted for “for the immediate retirement of the principal of bonds or other evidences of indebtedness the proceeds of which were used for that part of the terminal development at such airport the cost of which would be allowable under paragraph (1) of this subsection” for clarity and to eliminate unnecessary words.
In subsection (b), before clause (1), the words “In a fiscal year” are added for clarity. In clause (2), the words “from the discretionary fund” are substituted for “sums to be distributed at the discretion of the Secretary under section 2206(c) of this Appendix” for clarity and consistency in this chapter. In clause (3), the words “for projects” are added for clarity.
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47119(b) | 49 App.:2212(b)(2). | Sept. 3, 1982, Pub. L. 97–248, §513(b)(2), as amended May 26, 1994, Pub. L. 103–260, §107, 108 Stat. 700. |
In subsection (b)(3), the words “from the discretionary fund and small airport fund” are substituted for “sums to be distributed at the discretion of the Secretary under section 2206(c) and 2206(d) of this Appendix” for clarity and consistency in this chapter.
Section 20(b) of the Airport and Airway Development Act of 1970, referred to in subsec. (b)(4), is section 20(b) of Pub. L. 91–258, which was classified to section 1720(b) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695.
2003—Subsec. (a). Pub. L. 108–176, §166, amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “An amount apportioned under section 47114 of this title and made available to the sponsor of an air carrier airport at which terminal development was carried out after June 30, 1970, and before July 12, 1976, or, in the case of a commercial service airport which annually had less than 0.05 percent of the total enplanements in the United States, between January 1, 1992, and October 31, 1992, is available to repay immediately money borrowed and used to pay the costs for terminal development at the airport, if those costs would be allowable project costs under section 47110(d) of this title if they had been incurred after September 3, 1982. An amount is available for a grant under this subsection—
“(1) only if—
“(A) the sponsor submits the certification required under section 47110(d) of this title;
“(B) the Secretary of Transportation decides that using the amount to repay the borrowed money will not defer an airport development project outside the terminal area at that airport; and
“(C) amounts available for airport development under this subchapter will not be used for additional terminal development projects at the airport for at least 3 years beginning on the date the grant is used to repay the borrowed money; and
“(2) subject to the limitations in subsection (b)(1) and (2) of this section.”
Subsec. (b)(5). Pub. L. 108–176, §149(d), added par. (5).
2000—Subsec. (d). Pub. L. 106–181 added subsec. (d).
1994—Subsec. (a). Pub. L. 103–305, §117(1), inserted “or, in the case of a commercial service airport which annually had less than 0.05 percent of the total enplanements in the United States, between January 1, 1992, and October 31, 1992,” after “July 12, 1976,”.
Subsec. (b)(2). Pub. L. 103–429, §6(69)(B), added par. (2) and struck out former par. (2) which read as follows: “to a sponsor of a nonprimary commercial service airport, not more than $200,000 of the amount that may be distributed for the fiscal year from the discretionary fund to pay project costs allowable under section 47110(d) of this title; or”.
Subsec. (b)(3). Pub. L. 103–429, §6(69)(B), added par. (3). Former par. (3) redesignated (4).
Subsec. (b)(4). Pub. L. 103–429, §6(69)(A), redesignated par. (3) as (4).
Subsec. (c). Pub. L. 103–305, §117(2), added subsec. (c).
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1274; Pub. L. 106–181, title I, §162, Apr. 5, 2000, 114 Stat. 91.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47120 | 49 App.:2208(b)(9). | Sept. 3, 1982, Pub. L. 97–248, §509(b)(9), 96 Stat. 685. |
The words “In making a grant under this subchapter” are substituted for “In establishing priorities for distribution of funds available pursuant to section 2206 of this Appendix” for consistency in this chapter and to eliminate unnecessary words.
2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, and added subsec. (b).
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
(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)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1274; Pub. L. 104–316, title I, §127(f), Oct. 19, 1996, 110 Stat. 3840.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47121(a) | 49 App.:2217(a) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, §518, 96 Stat. 693. |
| 47121(b) | 49 App.:2217(b) (1st sentence). | |
| 47121(c) | 49 App.:2217(c). | |
| 47121(d) | 49 App.:2217(b) (last sentence). | |
| 47121(e) | 49 App.:2217(a) (last sentence). | |
| 47121(f) | 49 App.:2217(d). |
In subsections (a)–(d), the word “sponsor” is substituted for “recipient of a grant under this chapter” and “recipient” for clarity.
In subsection (a), before clause (1), the words “The Secretary may require records” are substituted for “including records” for clarity. In clause (1), before subclause (A), the word “fully” is omitted as surplus.
In subsection (b), the words “or any of their duly authorized representatives” are omitted as surplus because of 49:322(b) and 31:711. The words “may audit and examine” are substituted for “shall have access for the purpose of audit and examination” to eliminate unnecessary words. The words “books, documents, papers” are omitted as being included in “records”.
In subsection (e), the words “minimum necessary to carry out” are substituted for “that such requirements are kept to the minimum level necessary for the proper administration of” to eliminate unnecessary words.
In subsection (f), the words “or any officer or employee under the control of either of them” are omitted as surplus because of 49:322(b) and 31:711.
1996—Subsec. (c). Pub. L. 104–316, in first sentence, substituted “Secretary” for “Comptroller General”, in second sentence, substituted “The Comptroller General may” for “Not later than April 15 of each year, the Comptroller General shall”, and struck out at end “The Comptroller General shall prescribe regulations necessary to carry out this subsection.”
(a)
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1275.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47122(a) | 49 App.:2218(a). | Sept. 3, 1982, Pub. L. 97–248, §519(a), 96 Stat. 694; Dec. 30, 1987, Pub. L. 100–223, §112(1), 101 Stat. 1504. |
| 47122(b) | 49 App.:1354(c) (related to Airport and Airway Improvement Act of 1982). | Aug. 23, 1958, Pub. L. 85–726, §313(c) (related to Airport and Airway Improvement Act of 1982), 72 Stat. 753; Sept. 3, 1982, Pub. L. 97–248, §524(a)(2), 96 Stat. 696. |
Subsection (a) is substituted for 49 App.:2218(a) to eliminate unnecessary words.
The Secretary of Transportation shall take affirmative action to ensure that an individual is not excluded because of race, creed, color, national origin, or sex from participating in an activity carried out with money received under a grant under this subchapter. The Secretary shall prescribe regulations necessary to carry out this section. The regulations shall be similar to those in effect under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.). This section is in addition to title VI of the Act.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1275.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47123 | 49 App.:2219. | Sept. 3, 1982, Pub. L. 97–248, §520, 96 Stat. 694. |
The words “as the Secretary deems” and “the purposes of” are omitted as surplus. The words “The regulations shall be similar to those in effect under” are substituted for “and may enforce this section, and any rules promulgated under this section, through agency and department provisions and rules which shall be similar to those established and in effect under” for clarity and to eliminate unnecessary words and because “rules” and “regulations” are synonymous. The words “The provisions of . . . and not in lieu of the provisions of” are omitted as surplus. The word “is” is substituted for “shall be considered to be” to eliminate unnecessary words.
The Civil Rights Act of 1964, referred to in text, is Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended. Title VI of the Act is classified generally to subchapter V (§2000d et seq.) of chapter 21 of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000a of Title 42 and Tables.
(a)
(b)
(2) The Secretary may make a contract with a qualified entity (as determined by the Secretary) or, on a sole source basis, with a State or a political subdivision of a State to allow the entity, 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 entity, State, or subdivision has the capability to comply with the requirements of this paragraph. The contract shall require that the entity, State, or subdivision comply with applicable safety regulations in operating the facility and with applicable competition requirements in making a subcontract to perform work to carry out the contract.
(3)
(A)
(B)
(i) utilize for purposes of cost-benefit analyses, current, actual, site-specific data, forecast estimates, or airport master plan data provided by a facility owner or operator and verified by the Secretary; and
(ii) approve for participation only facilities willing to fund a pro rata share of the operating costs of the air traffic control tower to achieve a 1-to-1 benefit-to-cost ratio using actual site-specific contract tower operating costs in any case in which there is an operating air traffic control tower, as required for eligibility under the Contract Tower Program.
(C)
(i) Air traffic control towers that are participating in the Contract Tower Program but have been notified that they will be terminated from such program because the Secretary has determined that the benefit-to-cost ratio for their continuation in such program is less than 1.0.
(ii) Air traffic control towers that the Secretary determines have a benefit-to-cost ratio of at least .50.
(iii) Air traffic control towers of the Federal Aviation Administration that are closed as a result of the air traffic controllers strike in 1981.
(iv) Air traffic control towers located at airports or points at which an air carrier is receiving compensation under the essential air service program under this chapter.
(v) Air traffic control towers located at airports that are prepared to assume partial responsibility for maintenance costs.
(vi) Air traffic control towers located at airports with safety or operational problems related to topography, weather, runway configuration, or mix of aircraft.
(vii) Air traffic control towers located at an airport at which the community has been operating the tower at its own expense.
(D)
(E)
(4)
(A)
(i) a primary airport—
(I) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower;
(II) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and
(III) from amounts made available under sections 47114(c)(1) and 47114(c)(2) for reimbursement for the cost of acquiring and installing in that tower air traffic control, communications, and related equipment that was acquired or installed after October 1, 1996; and
(ii) a public-use airport that is not a primary airport—
(I) from amounts made available under sections 47114(c)(2) and 47114(d) for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower;
(II) from amounts made available under sections 47114(c)(2) and 47114(d)(3)(A) for reimbursement for the cost of construction or improvement of a nonapproach control tower, as defined by the Secretary, incurred after October 1, 1996, if the sponsor complied with the requirements of sections 47107(e), 47112(b), and 47112(c) in constructing or improving that tower; and
(III) from amounts made available under sections 47114(c)(2) and 47114(d)(3)(A) for reimbursement for the cost of acquiring and installing in that tower air traffic control, communications, and related equipment that was acquired or installed after October 1, 1996.
(B)
(i)(I) the sponsor is a participant in the Federal Aviation Administration contract tower program established under subsection (a) and continued under paragraph (1) or the pilot program established under paragraph (3); or
(II) construction of a nonapproach control tower would qualify the sponsor to be eligible to participate in such program;
(ii) the sponsor certifies that it will pay not less than 10 percent of the cost of the activities for which the sponsor is receiving assistance under this paragraph;
(iii) the Secretary affirmatively accepts the proposed contract tower into a contract tower program under this section and certifies that the Secretary will seek future appropriations to pay the Federal Aviation Administration's cost of the contract to operate the tower to be constructed under this paragraph;
(iv) the sponsor certifies that it will pay its share of the cost of the contract to operate the tower to be constructed under this paragraph; and
(v) in the case of a tower to be constructed under this paragraph from amounts made available under section 47114(d)(2) or 47114(d)(3)(B), the Secretary certifies that—
(I) the Federal Aviation Administration has consulted the State within the borders of which the tower is to be constructed and the State supports the construction of the tower as part of its State airport capital plan; and
(II) the selection of the tower for funding is based on objective criteria.
(C)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1276; Pub. L. 106–181, title I, §131, Apr. 5, 2000, 114 Stat. 78; Pub. L. 108–7, div. I, title III, §370(b)(1), (2), Feb. 20, 2003, 117 Stat. 425, 426; Pub. L. 108–176, title I, §105, Dec. 12, 2003, 117 Stat. 2498; Pub. L. 112–55, div. C, title I, §119, Nov. 18, 2011, 125 Stat. 649.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47124(a) | 49 App.:2222. | Sept. 3, 1982, Pub. L. 97–248, §526, 96 Stat. 698. |
| 47124(b)(1) | 49 App.:2222 (note). | Dec. 30, 1987, Pub. L. 100–223, §306, 101 Stat. 1526. |
| 47124(b)(2) | 49 App.:1344(h). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 747, §303(h); added Oct. 31, 1992, Pub. L. 102–581, §201(a), 106 Stat. 4890. |
In subsection (a), the words “In the powers granted under section 2218 of this Appendix” and “contract or other” are omitted as surplus. The word “relieves” is substituted for “contain, among others, a provision relieving”, and the words “from any liability arising out of, or related to” are substituted for “of any and all liability for the payment of any claim or other obligation arising out of or in connection with”, to eliminate unnecessary words.
In subsection (b)(1), the words “in effect” are omitted as surplus. The words “on December 30, 1987” are added for clarity.
In subsection (b)(2), the word “Secretary” is substituted for “Administrator” for consistency in the chapter.
2011—Subsec. (b)(3)(D). Pub. L. 112–55 substituted “benefit, with the maximum allowable local cost share capped at 20 percent.” for “benefit.”
2003—Subsec. (a). Pub. L. 108–176, §105(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “The Secretary of Transportation shall ensure that an agreement under this subchapter with a State or a political subdivision of a State to allow the State or subdivision to operate an airport facility in the State or subdivision relieves the United States Government from any liability arising out of, or related to, acts or omissions of employees of the State or subdivision in operating the airport facility.”
Subsec. (b)(2). Pub. L. 108–176, §105(2), added par. (2) and struck out former par. (2) which read as follows: “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.”
Subsec. (b)(3). Pub. L. 108–176, §105(3)(A), (B), struck out “
Subsec. (b)(3)(A). Pub. L. 108–7, §370(b)(2)(A), substituted “nonapproach control towers, as defined by the Secretary,” for “Level I air traffic control towers, as defined by the Secretary,”.
Subsec. (b)(3)(E). Pub. L. 108–176, §105(3)(C), substituted “$6,500,000 for fiscal 2004, $7,000,000 for fiscal year 2005, $7,500,000 for fiscal year 2006, and $8,000,000 for fiscal year 2007” for “$6,000,000 per fiscal year”.
Pub. L. 108–7, §370(b)(2)(B), substituted “Of” for “Subject to paragraph (4)(D), of”.
Subsec. (b)(4). Pub. L. 108–7, §370(b)(1), reenacted heading without change and amended text generally. Prior to amendment, par. authorized the Secretary to provide grants under this subchapter to not more than two airport sponsors for the construction of a low-level activity visual flight rule (level 1) air traffic control tower.
Subsec. (b)(4)(C). Pub. L. 108–176, §105(4), substituted “$1,500,000” for “$1,100,000”.
2000—Subsec. (b)(3), (4). Pub. L. 106–181 added pars. (3) and (4).
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Pub. L. 108–7, div. I, title III, §370(b)(3), Feb. 20, 2003, 117 Stat. 426, provided that: “Notwithstanding the amendments made by this section [amending this section and section 47102 of this title], the towers for which assistance is being provided on the day before the date of enactment of this Act [Feb. 20, 2003] under section 47124(b)(4) of title 49, United States Code, as in effect on such day, may continue to be provided such assistance under the terms of such section.”
Pub. L. 108–7, div. I, title III, §370(c), Feb. 20, 2003, 117 Stat. 426, provided that:
“(1)
“(2)
“(A) shall be negotiated under such procedures as the Administrator considers necessary to ensure the integrity of the selection process, the safety of air travel, and to protect the interests of the United States;
“(B) may provide a lease option to the United States, to be exercised at the discretion of the Administrator, to occupy any general-purpose space in a facility covered by the agreement;
“(C) shall not require, unless specifically determined otherwise by the Administrator, Federal ownership of a facility covered under the agreement after the expiration of the agreement;
“(D) shall describe the consideration, duties, and responsibilities for which the United States and the private entity are responsible;
“(E) shall provide that the United States will not be liable for any action, debt, or liability of any entity created by the agreement;
“(F) shall provide that the private entity may not execute any instrument or document creating or evidencing any indebtedness with respect to a facility covered by the agreement unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and
“(G) shall include such other terms and conditions as the Administrator considers appropriate.”
Pub. L. 108–7, div. I, title III, §370(d), Feb. 20, 2003, 117 Stat. 427, provided that:
“(1)
“(2)
Pub. L. 103–305, title V, §508, Aug. 23, 1994, 108 Stat. 1596, provided that: “The Secretary shall take appropriate action to assist communities where the Secretary deems such assistance appropriate in obtaining the installation of a Level I Contract Tower for those communities.”
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1276; Pub. L. 106–181, title I, §125(b), Apr. 5, 2000, 114 Stat. 75.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47125(a) | 49 App.:2215(a), (b). | Sept. 3, 1982, Pub. L. 97–248, §516, 96 Stat. 692. |
| 47125(b) | 49 App.:2215(c). |
In subsection (a), the text of 49 App.:2215(a) (last sentence) is omitted as surplus because a “property interest in land or airspace” necessarily includes “title to . . . land or any easement through . . . airspace”. The words “when necessary” are substituted for “whenever the Secretary determines that use of any lands owned or controlled by the United States is reasonably necessary for”, and the words “for the future development” are substituted for “including lands reasonably necessary to meet future development”, to eliminate unnecessary words. The words “not later than 4 months after receiving the request” are substituted for “Upon receipt of a request from the Secretary under this section” and “within a period of four months after receipt of the Secretary's request” for clarity and to eliminate unnecessary words. The words “make the conveyance” are substituted for “perform any acts and to execute any instruments necessary to make the conveyance requested”, and the words “that the property interest conveyed reverts to the Government . . . to the extent it is not” are substituted for “the property interest conveyed shall revert to the United States in the event that the lands in question are not” and “If only a part of the property interest conveyed is not developed for airport purposes, or used in a manner consistent with the terms of the conveyance, only that particular part shall, at the option of the Secretary, revert to the United States”, to eliminate unnecessary words. The words “the terms of” are omitted as surplus.
2000—Subsec. (a). Pub. L. 106–181 inserted at end “Before waiving a condition that property be used for an aeronautical purpose under the preceding sentence, the Secretary must provide notice to the public not less than 30 days before waiving such condition.”
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Nothing in amendment by Pub. L. 106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title.
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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1277.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47126 | 49 App.:2216. | Sept. 3, 1982, Pub. L. 97–248, §517, 96 Stat. 693. |
In this section, before clause (1), the words “association, firm, or corporation” are omitted because of 1:1. The words “fined under title 18” are substituted for “a fine of not to exceed $10,000” for consistency with title 18. In clauses (1)–(3), the words “false representation” are omitted as surplus. In clauses (1) and (2), the words “false report” are omitted as surplus. The words “included in a grant application” are added for clarity and consistency in this chapter. In clause (3), the words “to be made” are omitted as surplus.
(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.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1277.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47127(a) | 49 App.:1713a(1). | July 12, 1976, Pub. L. 94–353, §23(a), 90 Stat. 884. |
| 47127(b) | 49 App.:1713a(2). |
In subsection (a), the words “To improve” are substituted for “which he determines will assist the improvement of” to eliminate unnecessary words.
In subsection (b)(2), the word “facilities” is omitted as surplus.
Section 13(b) of the Airport and Airway Development Act of 1970, referred to in subsec. (a), is section 13(b) of Pub. L. 91–258, which was classified to section 1713(b) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, §523(a), Sept. 3, 1982, 96 Stat. 695.
(a)
(b)
(1) deciding the State has an organization capable of effectively administering a block grant made under this section;
(2) deciding the State uses a satisfactory airport system planning process;
(3) deciding the State uses a programming process acceptable to the Secretary;
(4) finding that the State has agreed to comply with United States Government standard requirements for administering the block grant; and
(5) finding that the State has agreed to provide the Secretary with program information the Secretary requires.
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1277; Pub. L. 103–429, §6(70), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 104–264, title I, §147(a)–(c)(1), Oct. 9, 1996, 110 Stat. 3223; Pub. L. 104–287, §5(84), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105–102, §3(d)(1)(E), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–181, title I, §138, Apr. 5, 2000, 114 Stat. 85.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47128(a) | 49 App.:2227(a) (1st sentence), (b) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, §534; added Dec. 30, 1987, Pub. L. 100–223, §116, 101 Stat. 1507; Nov. 5, 1990, Pub. L. 101–508, §9114, 104 Stat. 1388–364; Oct. 31, 1992, Pub. L. 102–581, §116, 106 Stat. 4881. |
| 47128(b)(1) | 49 App.:2227(c) (1st, 2d sentences). | |
| 47128(b)(2) | 49 App.:2227(b) (last sentence). | |
| 47128(c) | 49 App.:2227(c) (last sentence). | |
| 47128(d) | 49 App.:2227(a) (last sentence), (d). |
In subsection (a), the words “Not later than 180 days after December 30, 1987” and “to become effective on October 1, 1989” are omitted as obsolete.
In subsection (b)(1)(A), the words “agency or” are omitted as surplus.
In subsection (b)(1)(D), the words “procedural and other” are omitted as surplus.
In subsection (d), the text of 49 App.:2227(d) is omitted as executed.
This amends 49:47128(c) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1278).
This makes a clarifying amendment to the catchline for 49:47128(d).
2000—Subsec. (a). Pub. L. 106–181 substituted “9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter” for “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter”.
1997—Subsec. (d). Pub. L. 105–102 repealed Pub. L. 104–287, §5(84). See 1996 Amendment note below.
1996—Pub. L. 104–264, §147(c)(1)(A), substituted “grant program” for “grant pilot program” in section catchline.
Subsec. (a). Pub. L. 104–264, §147(a)(1), (c)(1)(B), substituted “block grant program” for “block grant pilot program” and “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter” for “7 qualified States”.
Subsec. (b). Pub. L. 104–264, §147(a)(2), (3), struck out “(1)” before “A State wishing”, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and struck out former par. (2) which read as follows: “For the fiscal years ending September 30, 1993–1996, the States selected shall include Illinois, Missouri, and North Carolina.”
Subsec. (c). Pub. L. 104–264, §147(b), substituted “(b)(2) or (b)(3)” for “(b)(1)(B) or (C)” and inserted at end “In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system.”
Subsec. (d). Pub. L. 104–287, §5(84), which directed amendment of heading by striking “and report”, was repealed by Pub. L. 105–102.
Pub. L. 104–264, §147(c)(1)(C), struck out subsec. (d) which read as follows:
“(d)
1994—Subsec. (c). Pub. L. 103–429 substituted “subsection (b)(1)(B) or (C)” for “subsection (b)(2) or (3)”.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Pub. L. 105–102, §3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(E) is effective Oct. 11, 1996.
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
(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)
(4)
(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 August 23, 1994; or
(3) any other existing fee not in dispute as of August 23, 1994.
(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 August 23, 1994.
(g)
(Added Pub. L. 103–305, title I, §113(a)(2), Aug. 23, 1994, 108 Stat. 1577; amended Pub. L. 104–264, title I, §149(d), Oct. 9, 1996, 110 Stat. 3227; Pub. L. 104–287, §5(85), Oct. 11, 1996, 110 Stat. 3397.)
This amends 49:47129(a)(1) to conform to the style of title 49.
These set out the date of enactment of 49:47129.
A prior section 47129 was renumbered section 47131 of this title.
1996—Subsec. (a)(1). Pub. L. 104–287, §5(85)(A), substituted “of this title” for “of this subtitle” in introductory provisions.
Subsec. (a)(4). Pub. L. 104–264 added par. (4).
Subsecs. (b), (e)(2). Pub. L. 104–287, §5(85)(B), substituted “August 23, 1994” for “the date of the enactment of this section”.
Subsec. (e)(3). Pub. L. 104–287, §5(85)(C), substituted “August 23, 1994” for “such date of enactment”.
Subsec. (f)(2). Pub. L. 104–287, §5(85)(B), substituted “August 23, 1994” for “the date of the enactment of this section”.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.
Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration may award a contract, using sole source or limited source authority, or enter into a cooperative agreement with, or provide a grant from amounts made available under section 48103 to, a private company or entity for the collection of airport safety data. In the event that a grant is provided under this section, the United States Government's share of the cost of the data collection shall be 100 percent.
(Added Pub. L. 103–305, title I, §118(a), Aug. 23, 1994, 108 Stat. 1580; amended Pub. L. 108–176, title I, §154, Dec. 12, 2003, 117 Stat. 2507.)
2003—Pub. L. 108–176 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “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.”
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
(a)
(1) a detailed statement of airport development completed;
(2) the status of each project undertaken;
(3) the allocation of appropriations;
(4) an itemized statement of expenditures and receipts; and
(5) a detailed statement listing airports that the Secretary believes are not in compliance with grant assurances or other requirements with respect to airport lands and including the circumstances of such noncompliance, the timelines for corrective action, and the corrective action the Secretary intends to take to bring the airport sponsor into compliance.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1278, §47129; renumbered §47131, Pub. L. 103–305, title I, §113(a)(1), Aug. 23, 1994, 108 Stat. 1577; amended Pub. L. 106–181, title VII, §722, Apr. 5, 2000, 114 Stat. 165.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47129 | 49 App.:2220. | Sept. 3, 1982, Pub. L. 97–248, §521, 96 Stat. 694. |
In this section, before clause (1), the words “on activities carried out” are substituted for “describing his operations” for clarity.
2000—Pub. L. 106–181 designated existing provisions as subsec. (a), inserted heading, added par. (5) of subsec. (a), and added subsec. (b).
1994—Pub. L. 103–305 renumbered section 47129 of this title as this section.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Section, added Pub. L. 104–264, title I, §142(a), Oct. 9, 1996, 110 Stat. 3221, temporarily directed the Administrator of the Federal Aviation Administration to issue guidelines to carry out not more than 10 pavement maintenance pilot projects.
Repeal applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
(a)
(1) the airport;
(2) the local airport system; or
(3) any other local facility that is owned or operated by the person or entity that owns or operates the airport that is directly and substantially related to the air transportation of passengers or property.
(b)
(c)
(Added Pub. L. 104–264, title VIII, §804(a), Oct. 9, 1996, 110 Stat. 3271.)
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
(a)
(b)
(1)
(A)
(i) in the case of a primary airport, by at least 65 percent of the scheduled air carriers serving the airport and by scheduled and nonscheduled air carriers whose aircraft landing at the airport during the preceding calendar year, had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year; or
(ii) in the case of a nonprimary airport, by the Secretary after the airport has consulted with at least 65 percent of the owners of aircraft based at that airport, as determined by the Secretary.
(B)
(C)
(2)
(3)
(c)
(1) The airport will continue to be available for public use on reasonable terms and conditions and without unjust discrimination.
(2) The operation of the airport will not be interrupted in the event that the purchaser or lessee becomes insolvent or seeks or becomes subject to any State or Federal bankruptcy, reorganization, insolvency, liquidation, or dissolution proceeding or any petition or similar law seeking the dissolution or reorganization of the purchaser or lessee or the appointment of a receiver, trustee, custodian, or liquidator for the purchaser or lessee or a substantial part of the purchaser or lessee's property, assets, or business.
(3) The purchaser or lessee will maintain, improve, and modernize the facilities of the airport through capital investments and will submit to the Secretary a plan for carrying out such maintenance, improvements, and modernization.
(4) Every fee of the airport imposed on an air carrier on the day before the date of the lease of the airport will not increase faster than the rate of inflation unless a higher amount is approved—
(A) by at least 65 percent of the air carriers serving the airport; and
(B) by air carriers whose aircraft landing at the airport during the preceding calendar year had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year.
(5) The percentage increase in fees imposed on general aviation aircraft at the airport will not exceed the percentage increase in fees imposed on air carriers at the airport.
(6) Safety and security at the airport will be maintained at the highest possible levels.
(7) The adverse effects of noise from operations at the airport will be mitigated to the same extent as at a public airport.
(8) Any adverse effects on the environment from airport operations will be mitigated to the same extent as at a public airport.
(9) Any collective bargaining agreement that covers employees of the airport and is in effect on the date of the sale or lease of the airport will not be abrogated by the sale or lease.
(d)
(1)
(2)
(e)
(f)
(g)
(1) imposing a passenger facility fee under section 40117 of this title;
(2) receiving apportionments under section 47114 of this title; or
(3) collecting reasonable rental charges, landing fees, and other service charges from aircraft operators under section 40116(e)(2) of this title.
(h)
(i)
(j)
(k)
(l)
(m)
(Added Pub. L. 104–264, title I, §149(a)(1), Oct. 9, 1996, 110 Stat. 3224; amended Pub. L. 108–176, title I, §155(a), Dec. 12, 2003, 117 Stat. 2508.)
The Airport and Airway Improvement Act of 1982, referred to in subsec. (b)(2), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, as amended, which was classified principally to chapter 31 (§2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this subchapter.
2003—Subsec. (b)(1)(A). Pub. L. 108–176, §155(a)(1), added cls. (i) and (ii) and struck out former cls. (i) and (ii) which read as follows:
“(i) by at least 65 percent of the air carriers serving the airport; and
“(ii) by air carriers whose aircraft landing at the airport during the preceding calendar year had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year.”
Subsec. (b)(1)(B), (C). Pub. L. 108–176, §155(a)(2), (3), added subpar. (B) and redesignated former subpar. (B) as (C).
Pub. L. 108–176, title I, §155(b), Dec. 12, 2003, 117 Stat. 2508, provided that: “The amendments made by subsection (a) [amending this section] shall not affect any application submitted before the date of enactment of this Act [Dec. 12, 2003].”
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as an Effective Date of 1996 Amendment note under section 106 of this title.
General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title.
(a)
(b)
(c)
(1)
(2)
(A) payment of interest;
(B) commercial bond insurance and other credit enhancement associated with airport bonds for eligible airport development;
(C) flexible non-Federal matching requirements; and
(D) use of funds apportioned under section 47114 for the payment of principal and interest of terminal development for costs incurred before the date of the enactment of this section.
(Added Pub. L. 106–181, title I, §132(a), Apr. 5, 2000, 114 Stat. 80; amended Pub. L. 108–176, title I, §156, Dec. 12, 2003, 117 Stat. 2508.)
The date of enactment of the Vision 100—Century of Aviation Reauthorization Act, referred to in subsec. (a), is the date of enactment of Pub. L. 108–176, which was approved Dec. 12, 2003.
The date of the enactment of this section, referred to in subsec. (c)(2)(D), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
2003—Subsec. (a). Pub. L. 108–176 inserted “, after the date of enactment of the Vision 100—Century of Aviation Reauthorization Act,” after “approve” in first sentence.
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
(a)
(b)
(1)
(2)
(c)
(d)
(e)
(f)
(1)
(2)
(g)
(h)
(1) an evaluation of the effectiveness of the pilot program;
(2) an identification of other public-use airports that expressed an interest in participating in the pilot program; and
(3) a description of the mechanisms used by the Secretary to ensure that the information and know-how gained by participants in the pilot program is transferred among the participants and to other interested parties, including other public-use airports.
(i)
(1) the construction of infrastructure or modifications at public-use airports to enable the delivery of fuel and services necessary for the use of vehicles that are certified as inherently low-emission vehicles under title 40 of the Code of Federal Regulations and that—
(A) operate exclusively on compressed natural gas, liquefied natural gas, liquefied petroleum gas, electricity, hydrogen, or a blend at least 85 percent of which is methanol;
(B) are labeled in accordance with section 88.312–93(c) of such title; and
(C) are located or primarily used at public-use airports;
(2) the construction of infrastructure or modifications at public-use airports to enable the delivery of fuel and services necessary for the use of nonroad vehicles that—
(A) operate exclusively on compressed natural gas, liquefied natural gas, liquefied petroleum gas, electricity, hydrogen, or a blend at least 85 percent of which is methanol;
(B) meet or exceed the standards set forth in section 86.1708–99 of such title or the standards set forth in section 89.112(a) of such title, and are in compliance with the requirements of section 89.112(b) of such title; and
(C) are located or primarily used at public-use airports;
(3) the payment of that portion of the cost of acquiring vehicles described in this subsection that exceeds the cost of acquiring other vehicles or engines that would be used for the same purpose; or
(4) the acquisition of technological capital equipment to enable the delivery of fuel and services necessary for the use of vehicles described in paragraph (1).
(Added Pub. L. 106–181, title I, §133(a), Apr. 5, 2000, 114 Stat. 81.)
Section 5506 of this title, referred to in subsec. (f)(2), was amended by Pub. L. 109–59 and no longer defines the term “eligible consortium”.
The date of the enactment of this section, referred to in subsec. (h), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
1 See References in text note below.
(a)
(b)
(1) evaluates and tests the benefits of innovative aviation security systems or related technology, including explosives detection systems, for the purpose of improving aviation and aircraft physical security, access control, and passenger and baggage screening; and
(2) provides testing and evaluation of airport security systems and technology in an operational, testbed environment.
(c)
(d)
(e)
(f)
(g)
(Added Pub. L. 106–181, title I, §134(a), Apr. 5, 2000, 114 Stat. 83; amended Pub. L. 108–176, title I, §157, Dec. 12, 2003, 117 Stat. 2508.)
2003—Subsecs. (e) to (g). Pub. L. 108–176 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Section applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as an Effective Date of 2000 Amendments note under section 106 of this title.
(a)
(b)
(1)
(A) to enable the State or political subdivision to purchase development rights in order to ensure that the airport property will continue to be available for use as a public airport; and
(B) subject to a requirement that the State or political subdivision acquire an easement or other appropriate covenant requiring that the airport shall remain a public use airport in perpetuity.
(2)
(c)
(1) grant application and approval procedures; and
(2) requirements for the content of the instrument recording the purchase of the development rights.
(d)
(e)
(Added Pub. L. 108–176, title I, §152(a), Dec. 12, 2003, 117 Stat. 2506.)
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
(a)
(1) The provision of credits is consistent with the Clean Air Act (42 U.S.C. 7402 et seq.).
(2) Credits generated by the emissions reductions are kept by the airport sponsor and may only be used for purposes of any current or future general conformity determination under the Clean Air Act or as offsets under the Environmental Protection Agency's new source review program for projects on the airport or associated with the airport.
(3) Credits are calculated and provided to airports on a consistent basis nationwide.
(4) Credits are provided to airport sponsors in a timely manner.
(5) The establishment of a method to assure the Secretary that, for any specific airport project for which funding is being requested, the appropriate credits will be granted.
(b)
(c)
(d)
(Added Pub. L. 108–176, title I, §158(a), Dec. 12, 2003, 117 Stat. 2508.)
The Clean Air Act, referred to in subsec. (a)(1), (2), is act July 14, 1955, ch. 360, 69 Stat. 322, as amended, which is classified generally to chapter 85 (§7401 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 7401 of Title 42 and Tables.
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
(a)
(b)
(c)
(d)
(e)
(f)
(Added Pub. L. 108–176, title I, §159(a)(1), Dec. 12, 2003, 117 Stat. 2509.)
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
(a)
(1) the airport operator has not submitted a noise compatibility program to the Secretary under section 47504 or has not updated such program within the preceding 10 years; and
(2) the land use plan or project meets the requirements of this section.
(b)
(1) have the authority to plan and adopt land use control measures, including zoning, in the planning area in and around a large or medium hub airport;
(2) enter into an agreement with the airport owner or operator that the development of the land use compatibility plan will be done cooperatively; and
(3) provide written assurance to the Secretary that it will achieve, to the maximum extent possible, compatible land uses consistent with Federal land use compatibility criteria under section 47502(3) and that those compatible land uses will be maintained.
(c)
(1) assurances satisfactory to the Secretary that the plan—
(A) is reasonably consistent with the goal of reducing existing noncompatible land uses and preventing the introduction of additional noncompatible land uses;
(B) addresses ways to achieve and maintain compatible land uses, including zoning, building codes, and any other land use compatibility measures under section 47504(a)(2) that are within the authority of the State or unit of local government to implement;
(C) uses noise contours provided by the airport operator that are consistent with the airport operation and planning, including any noise abatement measures adopted by the airport operator as part of its own noise mitigation efforts;
(D) does not duplicate, and is not inconsistent with, the airport operator's noise compatibility measures for the same area; and
(E) has been approved jointly by the airport owner or operator and the State or unit of local government; and
(2) such other assurances as the Secretary determines to be necessary to carry out this section.
(d)
(e)
(f)
(Added Pub. L. 108–176, title I, §160(a), Dec. 12, 2003, 117 Stat. 2511; amended Pub. L. 110–253, §3(c)(2), June 30, 2008, 122 Stat. 2417; Pub. L. 110–330, §5(g), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, §5(f), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, §5(g), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, §5(f), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, §5(f), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, §5(f), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, §5(f), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, §104(f), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, §5(g), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, §5(f), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, §5(f), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, §5(f), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, §5(f), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, §5(f), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, §205(g), Sept. 16, 2011, 125 Stat. 358.)
2011—Subsec. (f). Pub. L. 112–30 substituted “January 31, 2012.” for “September 16, 2011.”
Pub. L. 112–27 substituted “September 16, 2011.” for “July 22, 2011.”
Pub. L. 112–21 substituted “July 22, 2011.” for “June 30, 2011.”
Pub. L. 112–16 substituted “June 30, 2011.” for “May 31, 2011.”
Pub. L. 112–7 substituted “May 31, 2011.” for “March 31, 2011.”
2010—Subsec. (f). Pub. L. 111–329 substituted “March 31, 2011.” for “December 31, 2010.”
Pub. L. 111–249 substituted “December 31, 2010.” for “September 30, 2010.”
Pub. L. 111–216 substituted “September 30, 2010.” for “August 1, 2010.”
Pub. L. 111–197 substituted “August 1, 2010.” for “July 3, 2010.”
Pub. L. 111–161 substituted “July 3, 2010.” for “April 30, 2010.”
Pub. L. 111–153 substituted “April 30, 2010.” for “March 31, 2010.”
2009—Subsec. (f). Pub. L. 111–116 substituted “March 31, 2010.” for “December 31, 2009.”
Pub. L. 111–69 substituted “December 31, 2009.” for “September 30, 2009.”
Pub. L. 111–12 substituted “September 30, 2009.” for “March 31, 2009.”
2008—Subsec. (f). Pub. L. 110–330 substituted “March 31, 2009” for “September 30, 2008”.
Pub. L. 110–253 substituted “September 30, 2008” for “September 30, 2007”.
Amendment by Pub. L. 112–27 effective July 23, 2011, see section 5(j) of Pub. L. 112–27, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–21 effective July 1, 2011, see section 5(j) of Pub. L. 112–21, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–16 effective June 1, 2011, see section 5(j) of Pub. L. 112–16, set out as a note under section 40117 of this title.
Amendment by Pub. L. 112–7 effective Apr. 1, 2011, see section 5(j) of Pub. L. 112–7, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–329 effective Jan. 1, 2011, see section 5(j) of Pub. L. 111–329, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–249 effective Oct. 1, 2010, see section 5(l) of Pub. L. 111–249, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–216 effective Aug. 2, 2010, see section 104(j) of Pub. L. 111–216, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–197 effective July 4, 2010, see section 5(j) of Pub. L. 111–197, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–161 effective May 1, 2010, see section 5(j) of Pub. L. 111–161, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–153 effective Apr. 1, 2010, see section 5(j) of Pub. L. 111–153, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–116 effective Jan. 1, 2010, see section 5(j) of Pub. L. 111–116, set out as a note under section 40117 of this title.
Amendment by Pub. L. 111–12 effective Apr. 1, 2009, see section 5(j) of Pub. L. 111–12, set out as a note under section 40117 of this title.
Amendment by Pub. L. 110–330 effective Oct. 1, 2008, see section 5(l) of Pub. L. 110–330, set out as a note under section 40117 of this title.
Amendment by Pub. L. 110–253 effective July 1, 2008, see section 3(d) of Pub. L. 110–253, set out as a note under section 9502 of Title 26, Internal Revenue Code.
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
(a)
(1) the Administrator approves the application using criteria established by the Administrator;
(2) the design-build contract is in a form that is approved by the Administrator;
(3) the Administrator is satisfied that the contract will be executed pursuant to competitive procedures and contains a schematic design adequate for the Administrator to approve the grant;
(4) use of a design-build contract will be cost effective and expedite the project;
(5) the Administrator is satisfied that there will be no conflict of interest; and
(6) the Administrator is satisfied that the selection process will be as open, fair, and objective as the competitive bid system and that at least 3 or more bids will be submitted for each project under the selection process.
(b)
(c)
(Added Pub. L. 108–176, title I, §181(a), Dec. 12, 2003, 117 Stat. 2515.)
Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.
(a)
(1) that the Secretary of Transportation decides is—
(A) desirable for developing, improving, operating, or maintaining a public airport (as defined in section 47102 of this title);
(B) reasonably necessary to fulfill the immediate and foreseeable future requirements for developing, improving, operating, or maintaining a public airport; or
(C) needed for developing sources of revenue from nonaviation businesses at a public airport; and
(2) if the Administrator of General Services approves the conveyance and decides the interest is not best suited for industrial use.
(b)
(c)
(d)
(e)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1278; Pub. L. 106–181, title I, §§125(c), 135(d)(1), 136, Apr. 5, 2000, 114 Stat. 75, 84, 85.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47151(a) | 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
| 50 App.:1622(g)(1). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(1); added July 30, 1947, ch. 404, §2, 61 Stat. 678; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807; May 21, 1970, Pub. L. 91–258, §52(b)(6), 84 Stat. 235; Sept. 3, 1982, Pub. L. 97–248, §524(c), 96 Stat. 696. | |
| 47151(b) | 49 App.:1655(c)(1). | |
| 50 App.:1622b. | Oct. 1, 1949, ch. 589, §3, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. | |
| 47151(c) | 50 App.:1622(g)(5), (6). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(5), (6); added July 30, 1947, ch. 404, §2, 61 Stat. 680. |
In subsection (a), before clause (1), the words “Notwithstanding any other provision of this Act” are omitted as surplus. The words “Subject to sections 47152 and 47153 of this title” are substituted for “but subject to the terms, conditions, reservations, and restrictions hereinafter provided for” to eliminate unnecessary words. The words “a department, agency, or instrumentality of the executive branch of the United States Government or a wholly owned Government corporation” are substituted for “any disposal agency designated pursuant to this Act” for clarity because disposal agencies were Government agencies designated under 50 App.:1619(a), that was repealed by section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399), and Government agencies were all departments, agencies, and instrumentalities of the executive branch of the United States Government and wholly owned Government corporations. The word “give” is substituted for “convey or dispose of . . . without monetary consideration to the United States”, to eliminate unnecessary words. The word “municipality” is omitted as being included in “political subdivision”. The words “of a State” are added for clarity and consistency in the revised title and with other titles of the United States Code. The word “organization” is substituted for “institution” for consistency in the revised title. The words “all of the right, title, and . . . of the United States . . . and to . . . real or personal” are omitted as surplus. In clause (1)(A), the words “essential, suitable, or” are omitted as surplus. In clause (1)(B), the words “of the grantee” are omitted as surplus. In clause (2), the words “Administrator of General Services” are substituted for “[War Assets] Administrator” in section 13(g)(1) of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) because of section 105 of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 381). The words “and decides the interest is not best suited for industrial use” are substituted for “(exclusive of property the highest and best use of which is determined by the Administrator of General Services to be industrial and which shall be so classified for disposal without regard to the provisions of this subsection)” to eliminate unnecessary words.
Subsection (b) is substituted for 50 App.:1622b to eliminate unnecessary words.
In subsection (c), the text of 50 App.:1622(g)(5) is omitted as obsolete because 50 App.:1621, 1622(f), and 1627(e) were repealed by section 602(a)(1) of the Federal Property and Administrative Services Act of 1949 (ch. 288, 63 Stat. 399). The words “An interest in surplus property that could be used at a public airport” are substituted for “All surplus property within the purview of this subsection” for clarity. The words “elsewhere in this Act or other applicable” are omitted as surplus. The word “law” is substituted for “Federal Statute” for consistency in the revised title and with other titles of the Code.
Section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (e), is section 201 of Pub. L. 100–526, which is set out in a note under section 2687 of Title 10, Armed Forces.
Section 2905 of the Defense Base Closure and Realignment Act of 1990, referred to in subsec. (e), is section 2905 of Pub. L. 101–510, which is set out in a note under section 2687 of Title 10, Armed Forces.
2000—Subsec. (a). Pub. L. 106–181, §135(d)(1)(A)(i), substituted “convey to” for “give” in introductory provisions.
Subsec. (a)(2). Pub. L. 106–181, §135(d)(1)(A)(ii), substituted “conveyance” for “gift”.
Subsec. (b). Pub. L. 106–181, §135(d)(1)(B), substituted “conveying” for “giving” and “conveyance” for “gift”.
Subsec. (c). Pub. L. 106–181, §135(d)(1)(C), substituted “Conveyed” for “Given” in heading and “conveyed” for “given” in text.
Subsec. (d). Pub. L. 106–181, §125(c), added subsec. (d).
Subsec. (e). Pub. L. 106–181, §136, added subsec. (e).
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Nothing in amendment by section 125(c) of Pub. L. 106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title.
Except as provided in section 47153 of this title, the following terms apply to a conveyance of an interest in surplus property under this subchapter:
(1) A State, political subdivision of a State, or tax-supported organization receiving the interest may use, lease, salvage, or dispose of the interest for other than airport purposes only after the Secretary of Transportation gives written consent that the interest can be used, leased, salvaged, or disposed of without materially and adversely affecting the development, improvement, operation, or maintenance of the airport at which the property is located.
(2) The interest shall be used and maintained for public use and benefit without unreasonable discrimination.
(3) A right may not be vested in a person, excluding others in the same class from using the airport at which the property is located—
(A) to conduct an aeronautical activity requiring the operation of aircraft; or
(B) to engage in selling or supplying aircraft, aircraft accessories, equipment, or supplies (except gasoline and oil), or aircraft services necessary to operate aircraft (including maintaining and repairing aircraft, aircraft engines, propellers, and appliances).
(4) The State, political subdivision, or tax-supported organization accepting the interest shall clear and protect the aerial approaches to the airport by mitigating existing, and preventing future, airport hazards.
(5) During a national emergency declared by the President or Congress, the United States Government is entitled to use, control, or possess, without charge, any part of the public airport at which the property is located. However, the Government shall—
(A) pay the entire cost of maintaining the part of the airport it exclusively uses, controls, or possesses during the emergency;
(B) contribute a reasonable share, consistent with the Government's use, of the cost of maintaining the property it uses nonexclusively, or over which the Government has nonexclusive control or possession, during the emergency; and
(C) pay a fair rental for use, control, or possession of improvements to the airport made without Government assistance.
(6) The Government is entitled to the nonexclusive use, without charge, of the landing area of an airport at which the property is located. The Secretary may limit the use of the landing area if necessary to prevent unreasonable interference with use by other authorized aircraft. However, the Government shall—
(A) contribute a reasonable share, consistent with the Government's use, of the cost of maintaining and operating the landing area; and
(B) pay for damages caused by its use of the landing area if its use of the landing area is substantial.
(7) The State, political subdivision, or tax-supported organization accepting the interest shall release the Government from all liability for damages arising under an agreement that provides for Government use of any part of an airport owned, controlled, or operated by the State, political subdivision, or tax-supported organization on which, adjacent to which, or in connection with which, the property is located.
(8) When a term under this section is not satisfied, any part of the interest in the property reverts to the Government, at the option of the Government, as the property then exists.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1279; Pub. L. 106–181, title I, §135(d)(2), Apr. 5, 2000, 114 Stat. 85.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47152 | 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
| 50 App.:1622(g)(2). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(2); added July 30, 1947, ch. 404, §2, 61 Stat. 678; Oct. 1, 1949, ch. 589, §1, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. |
In this section, before paragraph (1), the words “conditions, reservations, and restrictions” and “the authority of” are omitted as surplus. In paragraph (1), the words “A State, political subdivision of a State, or tax-supported organization receiving the interest” are substituted for “grantee or transferee” for clarity. The words “sold” and “disposed of under the authority of this subsection” are omitted as surplus. In paragraph (2), the words “transferred for airport purposes” are omitted as surplus. In paragraph (3), before clause (A), the words “For the purpose of this condition, an exclusive right is defined to mean” and “any exclusive right to” are omitted because of the restatement. The words “exclusive” and “(either directly or indirectly)” are omitted as surplus. The words “or persons” are omitted because of 1:1. The words “disposed of” are omitted as surplus. In clause (A), the word “particular” is omitted as surplus. In paragraph (4), the words “removing, lowering, relocating, marking, or lighting or otherwise” and “the establishment or creation of” are omitted as surplus. In paragraphs (5)–(7), the words “or used” are omitted as surplus. In paragraph (5), before clause (A), the words “exclusive or nonexclusive” and “as it may desire” are omitted as surplus. In clause (A), the word “pay” is substituted for “be responsible for” to eliminate unnecessary words. The words “during the emergency” are substituted for “during the period of such use, possession, or control” to eliminate unnecessary words and for clarity. In clause (B), the words “be obligated to” are omitted as surplus. The words “during the emergency” are added for clarity. In clause (C), the words “exclusively or nonexclusively” are omitted as surplus. In paragraph (6), before clause (A), the words “as may be determined at any time” are omitted as surplus. In clause (B), the words “be obligated to” are omitted as surplus. In paragraph (7), the words “The State, political subdivision, or tax-supported organization accepting the interest” are substituted for “Any public agency accepting a conveyance or transfer of surplus property under the provisions of this subsection” to eliminate unnecessary words and for consistency in this section. The words “any and . . . it may be under for restoration or other . . lease or other” are omitted as surplus. The text of 50 App.:1622(g)(2)(G) (proviso) is omitted because 49 App.:1116 was repealed by section 52(a) of the Airport and Airway Development Act of 1970 (Public Law 91–258, 84 Stat. 235). Paragraph (8) is substituted for 50 App.:1622(g)(2)(H) to eliminate unnecessary words.
2000—Pub. L. 106–181 substituted “conveyances” for “gifts” in section catchline and “conveyance” for “gift” in introductory provisions.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
(a)
(A) the property no longer serves the purpose for which it was conveyed; or
(B) the waiver will not prevent carrying out the purpose for which the conveyance was made and is necessary to advance the civil aviation interests of the United States.
(2) The Secretary of Transportation shall waive a term under paragraph (1) of this subsection on terms the Secretary considers necessary to protect or advance the civil aviation interests of the United States.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1280; Pub. L. 106–181, title I, §§125(d), 135(d)(3), Apr. 5, 2000, 114 Stat. 76, 85.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47153(a) | 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
| 50 App.:1622c. | Oct. 1, 1949, ch. 589, §4, 63 Stat. 700; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. | |
| 47153(b) | 49 App.:1655(c)(1). | |
| 50 App.:1622(g)(3). | Oct. 3, 1944, ch. 479, 58 Stat. 765, §13(g)(3); added July 30, 1947, ch. 404, §2, 61 Stat. 680; Aug. 23, 1958, Pub. L. 85–726, §1402(c), 72 Stat. 807. |
In subsection (a), before clause (1), the words “Notwithstanding any other provision of law” and “further” are omitted as surplus. The word “waive” is substituted for “grant releases from” and “and to convey, quitclaim, or release any right or interest reserved to the United States by” to eliminate unnecessary words. The words “a term of a gift of an interest in property under this subchapter” are substituted for “any of the terms, conditions, reservations, and restrictions contained in . . . any such instrument of disposal” for clarity and consistency. In clause (1), the words “transferred by such instrument” are omitted as surplus. In clause (2), the text of 50 App.:1622c (last proviso) is omitted as executed. The words “protect or” are omitted as surplus.
In subsection (b), the words “In making any disposition of surplus property under this subsection” are omitted as surplus. The words “Secretary of a military department” are substituted for “the Secretary of the Army, or the Secretary of the Navy” for consistency with other titles of the United States Code and to eliminate unnecessary words. The words “Secretary of the Army” are substituted for “Secretary of War” in section 13(g)(3) of the Surplus Property Act of 1944 (ch. 479, 58 Stat. 765) because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501). The Secretary of the Air Force is included in “Secretary of a military department” because of section 207(a) and (f) of the National Security Act of 1947 (ch. 343, 61 Stat. 502, 503). The word “waive” is substituted for “omit from the instrument of disposal” to eliminate unnecessary words and for consistency in this subchapter. The words “conditions, reservations, and restrictions” are omitted as surplus.
2000—Subsec. (a)(1). Pub. L. 106–181, §135(d)(3), substituted “conveyance” for “gift” in introductory provisions and subpar. (B) and “conveyed” for “given” in subpar. (A).
Subsec. (c). Pub. L. 106–181, §125(d), added subsec. (c).
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Nothing in amendment by section 125(d) of Pub. L. 106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub. L. 106–181, set out as a note under section 47107 of this title.
(a)
(1) provides for better coordination among the Federal, regional, State, and local agencies concerned with the preparation of environmental impact statements or environmental assessments under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(2) provides that all environmental reviews, analyses, opinions, permits, licenses, and approvals that must be issued or made by a Federal agency or airport sponsor for such a project will be conducted concurrently, to the maximum extent practicable; and
(3) provides that any environmental review, analysis, opinion, permit, license, or approval that must be issued or made by a Federal agency or airport sponsor for such a project will be completed within a time period established by the Secretary, in cooperation with the agencies identified under subsection (d) with respect to the project.
(b)
(1)
(2)
(A)
(B)
(i) the importance or urgency of the project;
(ii) the potential for undertaking the environmental review under existing emergency procedures under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
(iii) the need for cooperation and concurrent reviews by other Federal or State agencies;
(iv) the prospect for undue delay if the project is not designated for priority review; and
(v) for aviation security projects, the views of the Department of Homeland Security.
(c)
(1)
(2)
(d)
(e)
(f)
(g)
(1)
(2)
(h)
(i)
(1)
(2)
(j)
(k)
(l)
(m)
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2534.)
The National Environmental Policy Act of 1969, referred to in subsecs. (a)(1), (b)(2)(B)(ii), and (l), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, as amended, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Executive Order No. 13274, referred to in subsec. (m), is set out as a note under section 301 of this title.
Subchapter applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out an Effective Date of 2003 Amendment note under section 106 of this title.
Pub. L. 108–176, title III, §302, Dec. 12, 2003, 117 Stat. 2533, provided that: “Congress finds that—
“(1) airports play a major role in interstate and foreign commerce;
“(2) congestion and delays at our Nation's major airports have a significant negative impact on our Nation's economy;
“(3) airport capacity enhancement projects at congested airports are a national priority and should be constructed on an expedited basis;
“(4) airport capacity enhancement projects must include an environmental review process that provides local citizenry an opportunity for consideration of and appropriate action to address environmental concerns; and
“(5) the Federal Aviation Administration, airport authorities, communities, and other Federal, State, and local government agencies must work together to develop a plan, set and honor milestones and deadlines, and work to protect the environment while sustaining the economic vitality that will result from the continued growth of aviation.”
Pub. L. 108–176, title III, §308, Dec. 12, 2003, 117 Stat. 2539, provided that: “Nothing in this subtitle [subtitle A (§§301–309) of title III of Pub. L. 108–176, enacting this subchapter, amending sections 40104, 47106, and 47504 of this title, and enacting provisions set out as notes under this section], including any amendment made by this title [enacting this subchapter and amending sections 40104, 40128, 47106, 47503, and 47504 of this title], shall preempt or interfere with—
“(1) any practice of seeking public comment;
“(2) any power, jurisdiction, or authority that a State agency or an airport sponsor has with respect to carrying out an airport capacity enhancement project; and
“(3) any obligation to comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4371 [4321] et seq.) and the regulations issued by the Council on Environmental Quality to carry out such Act.”
Pub. L. 108–176, title III, §309, Dec. 12, 2003, 117 Stat. 2540, provided that: “The coordinated review process required under the amendments made by this subtitle [enacting this subchapter and amending sections 40104, 47106, and 47504 of this title] shall apply to an airport capacity enhancement project at a congested airport whether or not the project is designated by the Secretary of Transportation as a high-priority transportation infrastructure project under Executive Order 13274 [49 U.S.C. 301 note] (67 Fed. Reg. 59449; relating to environmental stewardship and transportation infrastructure project reviews).”
1 So in original. Probably should be “4321”.
(a)
(b)
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2537.)
(a)
(b)
(c)
(1) shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted;
(2) shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and
(3) shall remain available until expended.
(d)
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2537.)
Section 337 of the Department of Transportation and Related Agencies Appropriations Act, 2002, referred to in subsec. (d), is section 337 of Pub. L. 107–87, Dec. 18, 2001, 115 Stat. 862, which is not classified to the Code.
In addition to the amounts authorized to be appropriated under section 106(k), there is authorized to be appropriated to the Secretary of Transportation, out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502), $4,200,000 for fiscal year 2004 and for each fiscal year thereafter to facilitate the timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports.
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2538.)
In this subchapter, the following definitions apply:
(1)
(2)
(3)
(A) a project for construction or extension of a runway, including any land acquisition, taxiway, or safety area associated with the runway or runway extension; and
(B) such other airport development projects as the Secretary may designate as facilitating a reduction in air traffic congestion and delays.
(4)
(A) has as its primary purpose reducing the risk of injury to persons or damage to aircraft and property, as determined by the Administrator; and
(B)(i) is needed to respond to a recommendation from the National Transportation Safety Board, as determined by the Administrator; or
(ii) is necessary for an airport to comply with part 139 of title 14, Code of Federal Regulations (relating to airport certification).
(5)
(6)
(Added Pub. L. 108–176, title III, §304(a), Dec. 12, 2003, 117 Stat. 2538.)
In this chapter—
(1) “airport property” means an interest in property used or useful in operating and maintaining an airport.
(2) “airway property” means an interest in property used or useful in operating and maintaining a ground installation, facility, or equipment desirable for the orderly and safe operation of air traffic, including air navigation, air traffic control, airway communication, and meteorological facilities.
(3) “foreign territory” means an area—
(A) over which no government or a government of a foreign country has sovereignty;
(B) temporarily under military occupation by the United States Government; or
(C) occupied or administered by the Government or a government of a foreign country under an international agreement.
(4) “territory outside the continental United States” means territory outside the 48 contiguous States and the District of Columbia.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1280.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47301(1)–(3) | 49 App.:1151. | June 16, 1948, ch. 473, §2, 62 Stat. 450; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808. |
| 47301(4) | (no source). |
In this section, the words “the purposes of” and “The term” are omitted as surplus.
In clauses (1) and (2), the words “real or personal”, “directly or indirectly”, “administration”, and “(including parts and components thereof)” are omitted as surplus.
In clause (1), the words “including . . . (1) land; (2) runways, strips, taxiways, and parking aprons; (3) buildings, structures, improvements, and facilities, whether or not used in connection with the landing and take-off of aircraft; and (4) equipment . . . furniture, vehicles, and supplies” are omitted as being included in “an interest in property”.
In clause (2), the words “necessary or” are omitted as surplus.
In clause (3), before subclause (A), the words “of land or water” are omitted as surplus. In subclause (A), the words “no government or a government of a foreign country” are substituted for “no nation or a nation other than the United States” for consistency in the revised title and with other titles of the United States Code. The words “(including territory of undetermined sovereignty and the high seas)” are omitted as surplus. In subclause (C), the words “government of a foreign country” are substituted for “other nation” for consistency in the revised title and with other titles of the Code.
Clause (4) is derived from the source provisions of the chapter and is included to avoid repeating the phrase “territory (including Alaska) outside the continental limits of the United States”.
(a)
(1) the Secretary of Transportation may acquire, establish, and construct airport property and airway property (except meteorological facilities) in foreign territory; and
(2) the Secretary of Commerce may acquire, establish, and construct meteorological facilities in foreign territory.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1281.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47302(a), (b) | 49 App.:1152. | June 16, 1948, ch. 473, §3, 62 Stat. 451; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 47302(c) | 49 App.:1154. | June 16, 1948, ch. 473, §5, 62 Stat. 451. |
| 49 App.:1655(c)(1). |
In this chapter, the words “government of a foreign country” are substituted for “foreign government” for consistency in the revised title and with other titles of the United States Code.
In this section, the title “Secretary of Commerce” is substituted for “Chief of the Weather Bureau of the Department of Commerce” in section 3, and “Chief of the Weather Bureau” in section 5, of the International Aviation Facilities Act (ch. 473, 62 Stat. 451) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).
In subsection (a), the words “by contract or otherwise” are omitted as surplus. The words “airport property and airway property (except meteorological facilities)” and “meteorological facilities” are substituted for “within their respective fields” for clarity.
In subsection (b), the words “for the airport” are substituted for “for such purpose” for clarity. The words “by the Congress” are omitted as surplus.
In subsection (c), the words “on behalf of the United States” are omitted as surplus. The words “sold or provided” are substituted for “supplied or . . . performed” for consistency in this chapter. The words “by the Secretary of Transportation or the Secretary of Commerce, either directly or indirectly” and “the authority of” are omitted as surplus. The words “or the Civil Aeronautics Act of 1938, as amended” are omitted as obsolete because the Act was repealed by section 1401(b) of the Federal Aviation Act of 1958 (Public Law 85–726, 72 Stat. 806). The words “including the operation of airport property and airway property in such countries, the training of foreign nationals, the rendering of technical assistance and advice to such countries, and the performance of other similar services” are omitted as being included in “facilities or services sold or provided”. The words “or both” are substituted for “or (C) in part as provided under clause (A) and in part as provided under clause (B)” to eliminate unnecessary words.
Subject to the concurrence of the Secretary of State, the Secretary of Transportation or Commerce, as appropriate, may train a foreign citizen in a subject related to aeronautics and essential to the orderly and safe operation of civil aircraft. The training may be provided—
(1) directly by the appropriate Secretary or jointly with another department, agency, or instrumentality of the United States Government;
(2) through a public or private agency of the United States (including a State or municipal educational institution); or
(3) through an international organization.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1281.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47303 | 49 App.:1153. | June 16, 1948, ch. 473, §4, 62 Stat. 451. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
In this section, before clause (1), the title “Secretary of Commerce” is substituted for “Chief of the Weather Bureau” in section 4 of the International Aviation Facilities Act (ch. 473, 62 Stat. 451) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318). The words “within or outside the United States” are omitted as surplus. The word “citizen” is substituted for “nationals” as being more appropriate. In clause (1), the word “jointly” is substituted for “or in conjunction” to eliminate unnecessary words. The words “department, agency, or instrumentality of the United States Government” are substituted for “United States Government agency” for consistency in the revised title and with other titles of the United States Code.
(a)
(b)
(1) the Secretary of the military department finds that the property or facility is no longer required exclusively for military purposes; and
(2) the Secretary of Transportation or Commerce, as appropriate, decides that the transfer is or may be necessary to carry out this chapter.
(c)
(A) the approval of the Secretary of Defense; and
(B) each obligation assumed by the United States Government under an agreement between the Government and the Republic of Panama.
(2) The Secretary of a military department may transfer without charge to the Secretary of Transportation property located in the Republic of Panama when the Secretary of Transportation decides that the transfer may be useful in carrying out this chapter.
(3) Subsection (b) of this section (related to the Secretary of Transportation) and section 47302(a) and (b) of this title do not apply in carrying out this subsection.
(d)
(2) On the recommendation of the Secretary of Transportation or Commerce, as appropriate, the Secretary of a military department may decide not to act under paragraph (1) of this subsection.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1281.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47304(a) | 49 App.:1155. | June 16, 1948, ch. 473, §§6, 8(a), (b), 62 Stat. 452; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 47304(b) | 49 App.:1157(a), (b). | |
| 49 App.:1655(c)(1). | ||
| 47304(c)(1) | 49 App.:1156(a), (b). 49 App.:1655(c)(1). |
June 16, 1948, ch. 473, §§7, 9, 62 Stat. 452, 453. |
| 47304(c)(2) | 49 App.:1156(c). | |
| 49 App.:1655(c)(1). | ||
| 47304(c)(3) | 49 App.:1156(d). | |
| 47304(d) | 49 App.:1158. | |
| 49 App.:1655(c)(1). |
In this section, the title “Secretary of Commerce” is substituted for “Chief of the Weather Bureau” in sections 6, 8, and 9 of the International Aviation Facilities Act (ch. 473, 62 Stat. 452) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).
In subsection (a), the words “including consideration agreed on” are substituted for “including provision for receiving, on behalf of the United States, such payment or other consideration for the property so transferred as may be agreed upon” to eliminate unnecessary words.
In subsections (b) and (c), the words “Secretary of a military department” are substituted for “National Military Establishment” (subsequently changed to “department of the Department of Defense” because of section 12(a) of the National Security Act Amendments of 1949 (ch. 412, 63 Stat. 591)) because of 5:102 and 10:101.
In subsection (b), before clause (1), the words “if any, as may be . . . in specific cases”, “at its discretion”, and “therefor” are omitted as surplus. The word “except” is substituted for “exclusive of” for consistency in this chapter. The word “controls” is substituted for “in the possession of” for clarity. The word “considered” is omitted as surplus. In clause (2), the words “the purposes of” are omitted as surplus.
In subsection (c), reference to the Canal Zone is omitted because of the Panama Canal Treaty of 1977.
In subsection (c)(1), before clause (A), the words “and to do all things necessary in connection with the” are omitted as surplus. The word “airway” is added for consistency in this chapter. In clause (B), the words “treaty, convention, or” are omitted as surplus.
In subsection (c)(2), the words “in its discretion”, “therefor”, “airport property or airway property or other real or personal”, and “the purposes of” are omitted as surplus.
In subsection (d)(1), the words “as determined by the Secretary of the department which made the transfer” are omitted as surplus. The words “(with any improvements to it)” are substituted for “together with any improvements or additions made thereto” to eliminate unnecessary words. The words “or persons” are omitted because of 1:1.
In subsection (d)(2), the words “decide not to act” are substituted for “in any case . . . waive any right or privilege conferred or reserved” to eliminate unnecessary words.
(a)
(1) adapt the property or facility to the needs of civil aeronautics;
(2) lease the property or facility for not more than 20 years;
(3) make a contract, or provide directly, for facilities and services;
(4) make reasonable charges for aeronautical services; and
(5) acquire an interest in property.
(b)
(c)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1282; Pub. L. 111–350, §5(o)(9), Jan. 4, 2011, 124 Stat. 3854.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47305(a) | 49 App.:1159(a) (1st sentence), (b). | June 16, 1948, ch. 473, §10(a) (1st sentence), (b)–(d), 62 Stat. 453, 454. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. | |
| 47305(b) | 49 App.:1159(c). | |
| 49 App.:1655(c)(1). | ||
| 47305(c) | 49 App.:1160. | June 16, 1948, ch. 473, §12, 62 Stat. 454; Aug. 23, 1958, Pub. L. 85–726, §1403, 72 Stat. 808; Jan. 3, 1975, Pub. L. 93–623, §3, 88 Stat. 2103. |
| 49 App.:1655(c)(1). | ||
| 47305(d) | 49 App.:1159(d). | |
| 49 App.:1655(c)(1). |
In this section, the title “Secretary of Commerce” is substituted for “Chief of the Weather Bureau” in section 10(b)–(d), and for “Chief of the Weather Bureau” and “Weather Bureau” in section 12, of the International Aviation Facilities Act (ch. 473, 62 Stat. 454) because of sections 1 and 2 of Reorganization Plan No. 2 of 1965 (eff. July 13, 1965, 79 Stat. 1318).
In subsection (a), before clause (1), the words “do and perform, by contract or otherwise, all acts and things necessary or incident to” and “pursuant to this chapter or any other provision of law” are omitted as surplus. In clause (1), the words “from time to time” and “by construction, installation, reengineering, relocation, or otherwise” are omitted as surplus. The text of 49 App.:1159(a)(2) is omitted as surplus because of 49:322(a). In clause (2), the words “under such conditions as he may deem proper” and “space or” are omitted as surplus. The words “for not more than 20 years” are substituted for “and for such periods as may be desirable (not to exceed twenty years)” to eliminate unnecessary words. The words “for purposes essential or appropriate to their consolidation, operation, protection, and administration under this chapter” are omitted as surplus. In clause (3), the words “the sale of fuel, oil, equipment, food and supplies, hotel accommodations, and other” and “necessary or desirable for the operation and administration of such properties” are omitted as surplus. In clause (4), the word “reasonable” is substituted for “just and reasonable” for consistency in the revised title and with other titles of the United States Code. The words “(including but not limited to landing fees and fees for the use of communication services)” are omitted as surplus. In clause (5), the words “by purchase or otherwise, real or personal” and “which he may consider necessary for the purposes of this section” are omitted as surplus.
In subsection (b), the words “including handling charges” are omitted as surplus. The words “facilities and services sold or provided” are substituted for “of the fuel, oil, equipment, food, supplies, services, shelter, or other assistance or services sold or furnished” for consistency and to eliminate unnecessary words. The words “under subsection (a)(3) and (4) of this section” are added for clarity. The words “if any” are omitted as surplus. The words “deposited in the Treasury as” are substituted for “credited to” for clarity and consistency in the revised title and with other titles of the Code.
In subsection (c), the words “use personnel and facilities of the United States Government most advantageously and without unnecessary duplication” are substituted for “to the end that personnel and facilities of existing United States Government agencies shall be utilized to the fullest possible advantage and not be unnecessarily duplicated” to eliminate unnecessary words. The word “request” is substituted for “arrange for” for clarity. The words “department, agency, or instrumentality of the Government” are substituted for “other United States Government agencies” for consistency in the revised title and with other titles of the Code. The words “on a reimbursable basis” are substituted for “and to reimburse any such agency for such service out of funds appropriated to the Department of Transportation or the Department of Commerce, as the case may be” to eliminate unnecessary words.
2011—Subsec. (d). Pub. L. 111–350 substituted “Section 6101(b) to (d) of title 41” for “Section 3709 of the Revised Statutes (41 U.S.C. 5)”.
Act May 9, 1956, ch. 241, 70 Stat. 146, provided: “That the Congress of the United States hereby approves the extension, from year to year, until June 30, 1999, of a lease of certain land comprising part of Annette Island, Alaska, for use by the Civil Aeronautics Administration [now the Federal Aviation Administration] as an airport, entered into by the United States of America and the Council of the Annette Island Reserve on December 13, 1948, section 5 of which lease provides that no renewal thereof shall extend beyond June 30, 1959, unless approved by Congress.”
A person that knowingly and willfully violates a regulation prescribed by the Secretary of Transportation to carry out this chapter shall be fined under title 18, imprisoned for not more than 6 months, or both.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1283.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47306 | 49 App.:1159(a) (last sentence). | June 16, 1948, ch. 473, §10(a) (last sentence), 62 Stat. 454. |
| 49 App.:1655(c)(1). | Oct. 15, 1966, Pub. L. 89–670, §6(c)(1), 80 Stat. 938; Jan. 12, 1983, Pub. L. 97–449, §7(b), 96 Stat. 2444. |
The word “prescribed” is substituted for “issued” for consistency in the revised title and with other titles of the United States Code. The words “if such violation is committed in any area under the civil jurisdiction of the United States” are omitted as surplus. The words “fined under title 18” are substituted for “a fine of not more than $500”, and the words “be deemed guilty of a misdemeanor” are omitted, for consistency with title 18.
1994—Pub. L. 103–429, §6(72)(B), Oct. 31, 1994, 108 Stat. 4388, added item 47510.
Pub. L. 103–305, title III, §308(b), Aug. 23, 1994, 108 Stat. 1594, added item 47509.
In this subchapter—
(1) “airport” means a public-use airport as defined in section 47102 of this title.
(2) “airport operator” means—
(A) for an airport serving air carriers that have certificates from the Secretary of Transportation, any person holding an airport operating certificate issued under section 44706 of this title; and
(B) for any other airport, the person operating the airport.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1284.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47501(1) | 49 App.:2101(1). | Feb. 18, 1980, Pub. L. 96–193, §101(1), 94 Stat. 50; restated Sept. 3, 1982, Pub. L. 97–248, §524(b)(1), 96 Stat. 696; Dec. 30, 1987, Pub. L. 100–223, §103(f), 101 Stat. 1489. |
| 49 App.:2101(3). | Feb. 18, 1980, Pub. L. 96–193, §101(3), 94 Stat. 50. | |
| 47501(2) | 49 App.:2101(2). | Feb. 18, 1980, Pub. L. 96–193, §101(2), 94 Stat. 50; restated Sept. 3, 1982, Pub. L. 97–248, §524(b)(2), 96 Stat. 696. |
| 49 App.:1551(b)(1)(E). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §1601(b)(1)(E); added Oct. 4, 1984, Pub. L. 98–443, §3(e), 98 Stat. 1704. |
In this section, the words “the term” are omitted as surplus.
In clause (1), the text of 49 App.:2101(3) 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 clause (2), the word “valid” is omitted as surplus.
Pub. L. 106–181, title VII, §745, Apr. 5, 2000, 114 Stat. 178, as amended by Pub. L. 106–528, §7(a), Nov. 22, 2000, 114 Stat. 2521, provided that:
“(a)
“(b)
“(1) the threshold of noise at which health begins to be affected;
“(2) the effectiveness of noise abatement programs at airports located in the United States;
“(3) the impacts of aircraft noise on communities, including schools; and
“(4) the noise assessment practices of the Federal Aviation Administration and whether such practices fairly and accurately reflect the burden of noise on communities.
“(c)
“(d)
Pub. L. 106–181, title VII, §747, Apr. 5, 2000, 114 Stat. 179, provided that:
“(a)
“(1) on the effects of nonmilitary helicopter noise on individuals in densely populated areas in the continental United States; and
“(2) to develop recommendations for the reduction of the effects of nonmilitary helicopter noise.
“(b)
“(c)
“(d)
After consultation with the Administrator of the Environmental Protection Agency and United States Government, State, and interstate agencies that the Secretary of Transportation considers appropriate, the Secretary shall by regulation—
(1) establish a single system of measuring noise that—
(A) has a highly reliable relationship between projected noise exposure and surveyed reactions of individuals to noise; and
(B) is applied uniformly in measuring noise at airports and the surrounding area;
(2) establish a single system for determining the exposure of individuals to noise resulting from airport operations, including noise intensity, duration, frequency, and time of occurrence; and
(3) identify land uses normally compatible with various exposures of individuals to noise.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1284.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47502 | 49 App.:2102. | Feb. 18, 1980, Pub. L. 96–193, §102, 94 Stat. 50. |
In this section, before clause (1), the words “Not later than the last day of the twelfth month which begins after February 18, 1980” are omitted as obsolete.
(a)
(1) be prepared in consultation with public agencies and planning authorities in the area surrounding the airport; and
(2) comply with regulations prescribed under section 47502 of this title.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1284; Pub. L. 108–176, title III, §324, Dec. 12, 2003, 117 Stat. 2542.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47503(a) | 49 App.:2103(a)(1). | Feb. 18, 1980, Pub. L. 96–193, §103(a), 94 Stat. 50. |
| 47503(b) | 49 App.:2103(a)(2). |
In subsection (a), before clause (1), the words “After the effective date of the regulations promulgated in accordance with section 2102 of this Appendix” are omitted as executed. The words “of an airport” and “at such airport” are omitted as surplus. The word “how” is substituted for “the ways, if any, in which” to eliminate unnecessary words. In clause (1), the words “planning authorities” are substituted for “planning agencies” for consistency.
In subsection (b), the words “to the Secretary” are added for clarity. The words “after the submission to the Secretary of a noise exposure map under paragraph (1)” are omitted as surplus.
2003—Subsec. (a). Pub. L. 108–176, §324(1), substituted “a forecast period that is at least 5 years in the future” for “1985,” in introductory provisions.
Subsec. (b). Pub. L. 108–176, §324(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “If a change in the operation of an airport will establish a substantial new noncompatible use in an area surrounding the airport, the airport operator shall submit a revised noise exposure map to the Secretary showing the new noncompatible use.”
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Pub. L. 108–176, title III, §322, Dec. 12, 2003, 117 Stat. 2540, provided that:
“(a)
“(b)
“(c)
(a)
(A) consulting with public agencies and planning authorities in the area surrounding the airport, United States Government officials having local responsibility for the airport, and air carriers using the airport; and
(B) notice and an opportunity for a public hearing.
(2) A program submitted under paragraph (1) of this subsection shall state the measures the operator has taken or proposes to take to reduce existing noncompatible uses and prevent introducing additional noncompatible uses in the area covered by the map. The measures may include—
(A) establishing a preferential runway system;
(B) restricting the use of the airport by a type or class of aircraft because of the noise characteristics of the aircraft;
(C) constructing barriers and acoustical shielding and soundproofing public buildings;
(D) using flight procedures to control the operation of aircraft to reduce exposure of individuals to noise in the area surrounding the airport; and
(E) acquiring land, air rights, easements, development rights, and other interests to ensure that the property will be used in ways compatible with airport operations.
(b)
(A) does not place an unreasonable burden on interstate or foreign commerce;
(B) is reasonably consistent with achieving the goal of reducing noncompatible uses and preventing the introduction of additional noncompatible uses; and
(C) provides for necessary revisions because of a revised map submitted under section 47503(b) of this title.
(2) A program (except as the program is related to flight procedures referred to in subsection (a)(2)(D) of this section) is deemed to be approved if the Secretary does not act within the 180-day period.
(3) The Secretary shall submit any part of a program related to flight procedures referred to in subsection (a)(2)(D) of this section to the Administrator of the Federal Aviation Administration. The Administrator shall approve or disapprove that part of the program.
(4) The Secretary shall not approve in fiscal years 2004 through 2007 a program submitted under subsection (a) if the program requires the expenditure of funds made available under section 48103 for mitigation of aircraft noise less than 65 DNL.
(c)
(A) an airport operator submitting the program; and
(B) a unit of local government in the area surrounding the airport, if the Secretary decides the unit is able to carry out the project.
(2)
(A) for projects to soundproof residential buildings—
(i) if the airport operator received approval for a grant for a project to soundproof residential buildings pursuant to section 301(d)(4)(B) of the Airport and Airway Safety and Capacity Expansion Act of 1987;
(ii) if the airport operator submits updated noise exposure contours, as required by the Secretary; and
(iii) if the Secretary determines that the proposed projects are compatible with the purposes of this chapter;
(B) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to soundproof residential buildings located on residential properties, and to acquire residential properties, at which noise levels are not compatible with normal operations of an airport—
(i) if the airport operator amended an existing local aircraft noise regulation during calendar year 1993 to increase the maximum permitted noise levels for scheduled air carrier aircraft as a direct result of implementation of revised aircraft noise departure procedures mandated for aircraft safety purposes by the Administrator of the Federal Aviation Administration for standardized application at airports served by scheduled air carriers;
(ii) if the airport operator submits updated noise exposure contours, as required by the Secretary; and
(iii) if the Secretary determines that the proposed projects are compatible with the purposes of this chapter;
(C) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to carry out any part of a program developed before February 18, 1980, or before implementing regulations were prescribed, if the Secretary decides the program is substantially consistent with reducing existing noncompatible uses and preventing the introduction of additional noncompatible uses and the purposes of this chapter will be furthered by promptly carrying out the program;
(D) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to soundproof a building in the noise impact area surrounding the airport that is used primarily for educational or medical purposes and that the Secretary decides is adversely affected by airport noise; and
(E) to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) of this subsection to carry out a project to mitigate noise in the area surrounding the airport if the project is included as a commitment in a record of decision of the Federal Aviation Administration for an airport capacity enhancement project (as defined in section 47175) even if that airport has not met the requirements of part 150 of title 14, Code of Federal Regulations.
(3) An airport operator may agree to make a grant made under paragraph (1)(A) of this subsection available to a public agency in the area surrounding the airport if the Secretary decides the agency is able to carry out the project.
(4) The Government's share of a project for which a grant is made under this subsection is the greater of—
(A) 80 percent of the cost of the project; or
(B) the Government's share that would apply if the amounts available for the project were made available under subchapter I of chapter 471 of this title for a project at the airport.
(5) The provisions of subchapter I of chapter 471 of this title related to grants apply to a grant made under this chapter, except—
(A) section 47109(a) and (b) of this title; and
(B) any provision that the Secretary decides is inconsistent with, or unnecessary to carry out, this chapter.
(6)
(d)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1285; Pub. L. 103–305, title I, §119, Aug. 23, 1994, 108 Stat. 1580; Pub. L. 103–429, §6(71), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 106–181, title I, §154, Apr. 5, 2000, 114 Stat. 88; Pub. L. 108–176, title I, §189, title III, §306, Dec. 12, 2003, 117 Stat. 2519, 2539.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47504(a) | 49 App.:2104(a). | Feb. 18, 1980, Pub. L. 96–193, §104(a), 94 Stat. 51; Dec. 30, 1987, Pub. L. 100–223, §301(a), 101 Stat. 1523. |
| 47504(b) | 49 App.:2104(b). | Feb. 18, 1980, Pub. L. 96–193, §104(b), (d), 94 Stat. 52, 53. |
| 47504(c) | 49 App.:2104(c). | Feb. 18, 1980, Pub. L. 96–193, §104(c), 94 Stat. 52; Sept. 3, 1982, Pub. L. 97–248, §524(b)(4), 96 Stat. 696; Dec. 30, 1987, Pub. L. 100–223, §301(b), (c), 101 Stat. 1523; Oct. 28, 1991, Pub. L. 102–143, §336, 105 Stat. 947. |
| 47504(d) | 49 App.:2104(d). |
In subsection (a)(1)(A), the words “the officials of” are omitted as surplus. The words “planning authorities” are substituted for “planning agencies” for consistency.
In subsection (a)(2)(A), the word “establishing” is substituted for “the implementation of” for consistency.
In subsection (a)(2)(B), the words “the implementation of” are omitted as surplus.
In subsection (b)(1), before clause (A), the words “to him” and “the measures to be undertaken in carrying out” are omitted as surplus. In clause (B), the word “achieving” is substituted for “obtaining” for clarity. The word “existing” is omitted as surplus.
Subsection (b)(2) is substituted for 49 App.:2104(b) (3d sentence) to eliminate unnecessary words.
In subsection (c)(1)(B) and (2), the words “for which grant applications are made in accordance with such noise compatibility programs” are omitted as surplus.
In subsection (c)(1), before clause (A), the words “incur obligations to” and “further . . . under this section” are omitted as surplus. In clause (C), the words “to carry out any part of a program” are substituted for “any project to carry out a noise compatibility program”, and the words “or before implementing regulations were prescribed” are substituted for “or the promulgation of its implementing regulations”, for clarity and consistency. The words “the purposes of” before “reducing” are omitted as surplus. The word “noncompatible” is added after “existing” for clarity and consistency. In clause (D), the words “for any project” and “determined to be” are omitted as surplus.
In subsection (c)(2), the words “in turn” are omitted as surplus.
In subsection (c)(4), before clause (A), the words “All of” and “made under section 505 of that Act” are omitted as surplus. The word “except” is substituted for “unless” for clarity. In clause (1), the words “relating to United States share of project costs” are omitted as surplus. In clause (2), the words “the purposes of” are omitted as surplus.
In subsection (d), the words “by the Secretary or the Administrator of the Federal Aviation Administration” are omitted as surplus.
This redesignates 49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and (D) because the subject matter is similar to that of 49:47504(c)(2)(A) and (B) that was added by section 119(2) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1580).
Section 301(d)(4)(B) of the Airport and Airway Safety and Capacity Expansion Act of 1987, referred to in subsec. (c)(2)(A)(i), is section 301(d)(4)(B) of Pub. L. 100–223, which was set out as a note under section 2104 of former Title 49, Transportation, prior to repeal by Pub. L. 103–272, §7(b), July 5, 1994, 108 Stat. 1379.
2003—Subsec. (b)(4). Pub. L. 108–176, §189, added par. (4).
Subsec. (c)(2)(C)–(E). Pub. L. 108–176, §306, realigned margins of subpars. (C) and (D) and added subpar. (E).
2000—Subsec. (c)(6). Pub. L. 106–181 added par. (6).
1994—Subsec. (c)(1)(A). Pub. L. 103–429, §6(71)(A), inserted “and” after semicolon at end.
Subsec. (c)(1)(B). Pub. L. 103–429, §6(71)(B), substituted a period for semicolon at end.
Subsec. (c)(1)(C), (D). Pub. L. 103–429, §6(71)(C), redesignated par. (1)(C) as (2)(C) and (1)(D) as (2)(D).
Subsec. (c)(2). Pub. L. 103–305, §119(2), added par. (2). Former par. (2) redesignated (3).
Subsec. (c)(2)(A)(iii). Pub. L. 103–429, §6(71)(D), struck out “and” after semicolon at end.
Subsec. (c)(2)(B)(iii). Pub. L. 103–429, §6(71)(E), substituted a semicolon for period at end.
Subsec. (c)(2)(C), (D). Pub. L. 103–429, §6(71)(F), substituted “to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection” for “an airport operator or unit of local government referred to in clause (A) or (B) of this paragraph”.
Pub. L. 103–429, §6(71)(C), redesignated par. (1)(C) as (2)(C) and (1)(D) as (2)(D).
Subsec. (c)(3). Pub. L. 103–305, §119(1), redesignated par. (2) as (3). Former par. (3) redesignated (4).
Subsec. (c)(4). Pub. L. 103–305, §119(3), struck out “paragraph (1) of” before “this subsection” in introductory provisions.
Pub. L. 103–305, §119(1), redesignated par. (3) as (4). Former par. (4) redesignated (5).
Subsec. (c)(5). Pub. L. 103–305, §119(1), redesignated par. (4) as (5).
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
(a)
(1) a noise exposure map and related information under section 47503 of this title, including the cost of obtaining the information; or
(2) a noise compatibility program under section 47504 of this title.
(b)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1286.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47505 | 49 App.:2103(b). | Feb. 18, 1980, Pub. L. 96–193, §103(b), 94 Stat. 51; restated Sept. 3, 1982, Pub. L. 97–248, §524(b)(3), 96 Stat. 696. |
In subsection (a), before clause (1), the words “incur obligations to” are omitted as surplus.
(a)
(1) after acquiring the interest, there was a significant—
(A) change in the type or frequency of aircraft operations at the airport;
(B) change in the airport layout;
(C) change in flight patterns; or
(D) increase in nighttime operations; and
(2) the damages resulted from the change or increase.
(b)
(1) before the person acquired the interest, notice of the existence of the map was published at least 3 times in a newspaper of general circulation in the county in which the property is located; or
(2) the person is given a copy of the map when acquiring the interest.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1286.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47506 | 49 App.:2107. | Feb. 18, 1980, Pub. L. 96–193, §107, 94 Stat. 53. |
In subsection (a)(2), the words “for which recovery is sought have” are omitted as surplus.
No part of a noise exposure map or related information described in section 47503 of this title that is submitted to, or prepared by, the Secretary of Transportation and no part of a list of land uses the Secretary identifies as normally compatible with various exposures of individuals to noise may be admitted into evidence or used for any other purpose in a civil action asking for relief for noise resulting from the operation of an airport.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1287.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47507 | 49 App.:2106. | Feb. 18, 1980, Pub. L. 96–193, §106, 94 Stat. 53. |
The words “land uses which are” are omitted as surplus. The words “civil action” are substituted for “suit or action” for consistency in the revised title and with other titles of the United States Code. The words “damages or other” are omitted as surplus.
(a)
(1) the Secretary prescribed for new subsonic aircraft in regulations of the Secretary in effect on January 1, 1977; or
(2) of the International Civil Aviation Organization that are substantially compatible with standards of the Secretary for new subsonic aircraft in regulations of the Secretary at parts 36 and 91 of title 14, Code of Federal Regulations, prescribed between January 2, 1977, and January 1, 1982.
(b)
(c)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1287.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47508(a) | 49 App.:2122(a) (1st sentence words before last comma, last sentence). | Feb. 18, 1980, Pub. L. 96–193, §302(a), 94 Stat. 56. |
| 47508(b) | 49 App.:2122(a) (1st sentence words after last comma). | |
| 47508(c) | 49 App.:2122(a) (2d sentence). |
In this section, the word “providing” is substituted for “engaging in” for consistency in the revised title.
In subsection (a), the words “acting through the Administrator” and “acting through the Administrator of the Federal Aviation Administration (14 CFR part 36)” are omitted for consistency. Section 6(c)(1) of the Department of Transportation Act (Public Law 89–670, 80 Stat. 938) transferred all duties and powers of the Federal Aviation Agency and the Administrator to the Secretary of Transportation. However, the Secretary was to carry out certain provisions through the Administrator. In addition, various laws enacted since then have vested duties and powers in the Administrator. All provisions of law the Secretary is required to carry out through the Administrator are included in 49:106(g). Before clause (1), the words “If, by January 1, 1980, the International Civil Aviation Organization (hereafter referred to as ‘ICAO’) does not reach an agreement” and “commence a rulemaking to” and 49 App.:2122(a) (last sentence) are omitted as executed. In clause (1), the words “as such regulations were” are omitted as surplus. In clause (2), the words “on noise standards and an international schedule” and “(annex 16)” are omitted as surplus. The words “of the Secretary for new subsonic aircraft in regulations of the Secretary at parts 36 and 91 of title 14, Code of Federal Regulations, prescribed between January 2, 1977, and January 1, 1982” are substituted for “set forth in such regulations issued by the Secretary (14 CFR parts 36 and 91) during the 5-year period thereafter” for clarity and consistency.
In subsection (b), the words “in effect” are omitted as surplus.
Pub. L. 108–176, title III, §325, Dec. 12, 2003, 117 Stat. 2542, provided that: “Not later than April 1, 2005, the Secretary of Transportation shall issue final regulations to implement Chapter 4 noise standards, consistent with the recommendations adopted by the International Civil Aviation Organization.”
Pub. L. 106–181, title VII, §726, Apr. 5, 2000, 114 Stat. 167, provided that:
“(a)
“(b)
“(1) are performance based and can be achieved by use of a full range of certifiable noise reduction technologies;
“(2) protect the useful economic value of existing Stage 3 aircraft in the United States fleet;
“(3) ensure that United States air carriers and aircraft engine and hushkit manufacturers are not competitively disadvantaged;
“(4) use dynamic economic modeling capable of determining impacts on all aircraft in service in the United States fleet; and
“(5) continue the use of a balanced approach to address aircraft environmental issues, taking into account aircraft technology, land use planning, economic feasibility, and airspace operational improvements.
“(c)
Pub. L. 102–581, title III, §304, Oct. 31, 1992, 106 Stat. 4896, as amended by Pub. L. 109–155, title VII, §706(b), Dec. 30, 2005, 119 Stat. 2937, provided that:
“(a)
“(b)
“(c)
“(d)
(a)
(b)
(c)
(d)
(e)
(Added Pub. L. 103–305, title III, §308(a), Aug. 23, 1994, 108 Stat. 1593; amended Pub. L. 104–287, §5(86), Oct. 11, 1996, 110 Stat. 3398.)
1996—Subsec. (d). Pub. L. 104–287 substituted “August 23, 1994” for “the date of the enactment of this section”.
Notwithstanding another law or a regulation prescribed or order issued under that law, the tradeoff provisions contained in appendix C of part 36 of title 14, Code of Federal Regulations, apply in deciding whether an aircraft complies with subpart I of part 91 of title 14.
(Added Pub. L. 103–429, §6(72)(A), Oct. 31, 1994, 108 Stat. 4387.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47510 | 49 App.:2125. | Feb. 18, 1980, Pub. L. 96–193, §305, 94 Stat. 57. |
The word “prescribed” is added for consistency in the revised title and with other titles of the United States Code. The words “subpart I of part 91” are substituted for “subpart E of part 91” because of the restatement of part 91. See 54 Fed. Reg. 34321 (Aug. 18, 1989).
Congress finds that—
(1) aviation noise management is crucial to the continued increase in airport capacity;
(2) community noise concerns have led to uncoordinated and inconsistent restrictions on aviation that could impede the national air transportation system;
(3) a noise policy must be carried out at the national level;
(4) local interest in aviation noise management shall be considered in determining the national interest;
(5) community concerns can be alleviated through the use of new technology aircraft and the use of revenues, including those available from passenger facility fees, for noise management;
(6) revenues controlled by the United States Government can help resolve noise problems and carry with them a responsibility to the national airport system;
(7) revenues derived from a passenger facility fee may be applied to noise management and increased airport capacity; and
(8) a precondition to the establishment and collection of a passenger facility fee is the prescribing by the Secretary of Transportation of a regulation establishing procedures for reviewing airport noise and access restrictions on operations of stage 2 and stage 3 aircraft.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1287.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47521 | 49 App.:2151. | Nov. 5, 1990, Pub. L. 101–508, §9302, 104 Stat. 1388–378. |
In this subchapter—
(1) “air carrier”, “air transportation”, and “United States” have the same meanings given those terms in section 40102(a) of this title.
(2) “stage 3 noise levels” means the stage 3 noise levels in part 36 of title 14, Code of Federal Regulations, in effect on November 5, 1990.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47522 | 49 App.:2157(h). | Nov. 5, 1990, Pub. L. 101–508, §9308(h), 104 Stat. 1388–384. |
The definitions are made applicable to all of subchapter II, rather than only to those provisions based on 49 App.:2157 as in the source provisions, because the defined terms appear in several sections of subchapter II and it is assumed they are intended to have the same meaning in each of those sections.
(a)
(b)
(1) the ability of air carriers to achieve capacity growth consistent with the projected rate of growth for the airline industry;
(2) the impact of competition in the airline and air cargo industries;
(3) the impact on nonhub and small community air service; and
(4) the impact on new entry into the airline industry.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47523 | 49 App.:2152. | Nov. 5, 1990, Pub. L. 101–508, §9303, 104 Stat. 1388–378. |
In this section, the text of 49 App.:2152(c) is omitted as executed.
In subsection (a), the words “(hereinafter in this chapter referred to as the ‘Secretary’)” are omitted because of the restatement. The words “this subchapter” (the first time they appear) are substituted for “the findings, determinations, and provisions of this chapter” to eliminate unnecessary words.
Subsection (b) is tabulated for clarity.
(a)
(b)
(1) an analysis of the anticipated or actual costs and benefits of the existing or proposed restriction;
(2) a description of alternative restrictions;
(3) a description of the alternative measures considered that do not involve aircraft restrictions; and
(4) a comparison of the costs and benefits of the alternative measures to the costs and benefits of the proposed restriction.
(c)
(A) a restriction on noise levels generated on either a single event or cumulative basis;
(B) a restriction on the total number of stage 3 aircraft operations;
(C) a noise budget or noise allocation program that would include stage 3 aircraft;
(D) a restriction on hours of operations; and
(E) any other restriction on stage 3 aircraft.
(2) Not later than 180 days after the Secretary receives an airport or aircraft operator's request for approval of an airport noise or access restriction on the operation of a stage 3 aircraft, the Secretary shall approve or disapprove the restriction. The Secretary may approve the restriction only if the Secretary finds on the basis of substantial evidence that—
(A) the restriction is reasonable, nonarbitrary, and nondiscriminatory;
(B) the restriction does not create an unreasonable burden on interstate or foreign commerce;
(C) the restriction is not inconsistent with maintaining the safe and efficient use of the navigable airspace;
(D) the restriction does not conflict with a law or regulation of the United States;
(E) an adequate opportunity has been provided for public comment on the restriction; and
(F) the restriction does not create an unreasonable burden on the national aviation system.
(3) Paragraphs (1) and (2) of this subsection do not apply if the Administrator of the Federal Aviation Administration, before November 5, 1990, has formed a working group (outside the process established by part 150 of title 14, Code of Federal Regulations) with a local airport operator to examine the noise impact of air traffic control procedure changes at the airport. However, if an agreement on noise reductions at that airport is made between the airport proprietor and one or more air carriers or foreign air carriers that constitute a majority of the carrier use of the airport, this paragraph applies only to a local action to enforce the agreement.
(4) The Secretary may reevaluate an airport noise or access restriction previously agreed to or approved under this subsection on request of an aircraft operator able to demonstrate to the satisfaction of the Secretary that there has been a change in the noise environment of the affected airport that justifies a reevaluation. The Secretary shall establish by regulation procedures for conducting a reevaluation. A reevaluation—
(A) shall be based on the criteria in paragraph (2) of this subsection; and
(B) may be conducted only after 2 years after a decision under paragraph (2) of this subsection has been made.
(d)
(1) a local action to enforce a negotiated or executed airport noise or access agreement between the airport operator and the aircraft operators in effect on November 5, 1990;
(2) a local action to enforce a negotiated or executed airport noise or access restriction agreed to by the airport operator and the aircraft operators before November 5, 1990;
(3) an intergovernmental agreement including an airport noise or access restriction in effect on November 5, 1990;
(4) a subsequent amendment to an airport noise or access agreement or restriction in effect on November 5, 1990, that does not reduce or limit aircraft operations or affect aircraft safety;
(5)(A) an airport noise or access restriction adopted by an airport operator not later than October 1, 1990, and stayed as of October 1, 1990, by a court order or as a result of litigation, if any part of the restriction is subsequently allowed by a court to take effect; or
(B) a new restriction imposed by an airport operator to replace any part of a restriction described in subclause (A) of this clause that is disallowed by a court, if the new restriction would not prohibit aircraft operations in effect on November 5, 1990; or
(6) a local action that represents the adoption of the final part of a program of a staged airport noise or access restriction if the initial part of the program was adopted during 1988 and was in effect on November 5, 1990.
(e)
(1) agreed to by the airport proprietor and aircraft operators;
(2) approved by the Secretary as required by subsection (c)(1) of this section; or
(3) rescinded.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1288.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47524(a) | 49 App.:2153(a)(1). | Nov. 5, 1990, Pub. L. 101–508, §9304(a)(1)– (2)(C), (3)–(g), 104 Stat. 1388–379. |
| 47524(b) | 49 App.:2153(a)(2)(A), (c). | |
| 47524(c)(1) | 49 App.:2153(a)(2)(B), (b). | |
| 47524(c)(2) | 49 App.:2153(d). | |
| 47524(c)(3) | 49 App.:2153(a)(2)(D). | Nov. 5, 1990, Pub. L. 101–508, §9304(a)(2)(D), 104 Stat. 1388–380; Oct. 31, 1992, Pub. L. 102–581, §136(a), 106 Stat. 4889. |
| 47524(c)(4) | 49 App.:2153(f), (g). | |
| 47524(d) | 49 App.:2153(a)(2)(C). | |
| 47524(e) | 49 App.:2153(e). |
In subsection (a), the words “shall provide for establishing” are substituted for “shall require the establishment . . . of” as being more appropriate. The words “in accordance with the provisions of this section” are omitted as surplus.
In subsection (b), the words “proposed after October 1, 1990” are substituted for 49 App.:2153(a)(2)(A) to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words “not in effect on October 1, 1990” are substituted for 49 App.:2153(a)(2)(B) to eliminate unnecessary words. In clause (B), the words “direct or indirect” are omitted as surplus.
In subsection (c)(2)(A)–(D) and (F), the word “proposed” is omitted as surplus. In clause (D), the word “existing” is omitted as surplus.
In subsection (c)(4), the words “that justifies a reevaluation” are substituted for “and that a review and reevaluation . . . of the previously approved or agreed to noise restriction is therefore justified” to eliminate unnecessary words.
In subsection (d)(6), the words “calendar year” are omitted as surplus.
The Secretary of Transportation shall conduct a study and decide on the application of section 47524(a)–(d) of this title to airport noise and access restrictions on the operation of stage 2 aircraft with a maximum weight of not more than 75,000 pounds. In making the decision, the Secretary shall consider—
(1) noise levels produced by those aircraft relative to other aircraft;
(2) the benefits to general aviation and the need for efficiency in the national air transportation system;
(3) the differences in the nature of operations at airports and the areas immediately surrounding the airports;
(4) international standards and agreements on aircraft noise; and
(5) other factors the Secretary considers necessary.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47525 | 49 App.:2154. | Nov. 5, 1990, Pub. L. 101–508, §9305, 104 Stat. 1388–382. |
In this section, before clause (1), the words “conduct a study and decide on” are substituted for “determine by a study” for clarity. The words “with a maximum weight of not more than” are substituted for “weighing less than” for consistency with sections 47528 and 47529 of the revised title.
Unless the Secretary of Transportation is satisfied that an airport is not imposing an airport noise or access restriction not in compliance with this subchapter, the airport may not—
(1) receive money under subchapter I of chapter 471 of this title; or
(2) impose a passenger facility fee under section 40117 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47526 | 49 App.:2156. | Nov. 5, 1990, Pub. L. 101–508, §9307, 104 Stat. 1388–382. |
In this section, before clause (1), the words “Under no conditions” are omitted as surplus. In clause (2), the words “or collect” are omitted as surplus.
When a proposed airport noise or access restriction is disapproved under this subchapter, the United States Government shall assume liability for noise damages only to the extent that a taking has occurred as a direct result of the disapproval. The United States Court of Federal Claims has exclusive jurisdiction of a civil action under this section.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47527 | 49 App.:2155. | Nov. 5, 1990, Pub. L. 101–508, §9306, 104 Stat. 1388–382. |
The words “under this subchapter” are added for clarity. The words “has exclusive jurisdiction of a civil action under this section” are substituted for “Action for the resolution of such a case shall be brought solely in” for clarity and consistency. The words “Court of Federal Claims” are substituted for “Claims Court” to reflect the change of name of the Court by section 902(b) of the Federal Courts Administration Act of 1992 (Public Law 102–572, 106 Stat. 4516).
(a)
(b)
(2) The Secretary may grant a waiver under this subsection if the Secretary finds it would be in the public interest. In making the finding, the Secretary shall consider the effect of granting the waiver on competition in the air carrier industry and on small community air service.
(3) A waiver granted under this subsection may not permit the operation of stage 2 aircraft in the United States after December 31, 2003.
(c)
(1) a detailed economic analysis of the impact of the phaseout date for stage 2 aircraft on competition in the airline industry, including—
(A) the ability of air carriers to achieve capacity growth consistent with the projected rate of growth for the airline industry;
(B) the impact of competition in the airline and air cargo industries;
(C) the impact on nonhub and small community air service; and
(D) the impact on new entry into the airline industry; and
(2) an analysis of the impact of aircraft noise on individuals residing near airports.
(d)
(1) each air carrier shall submit to the Secretary an annual report on the progress the carrier is making toward complying with the requirements of this section and regulations prescribed under this section; and
(2) the Secretary shall submit to Congress an annual report on the progress being made toward that compliance.
(e)
(2)(A) An air carrier or foreign air carrier may not operate in Hawaii, or between a place in Hawaii and a place outside the 48 contiguous States, a greater number of stage 2 aircraft with a maximum weight of more than 75,000 pounds than it operated in Hawaii, or between a place in Hawaii and a place outside the 48 contiguous States, on November 5, 1990.
(B) An air carrier that provided turnaround service in Hawaii on November 5, 1990, using stage 2 aircraft with a maximum weight of more than 75,000 pounds may include in the number of aircraft authorized under subparagraph (A) of this paragraph all stage 2 aircraft with a maximum weight of more than 75,000 pounds that were owned or leased by that carrier on that date, whether or not the aircraft were operated by the carrier on that date.
(3) An air carrier may provide turnaround service in Hawaii using stage 2 aircraft with a maximum weight of more than 75,000 pounds only if the carrier provided the service on November 5, 1990.
(4) An air carrier operating stage 2 aircraft under this subsection may transport stage 2 aircraft to or from the 48 contiguous States on a nonrevenue basis in order—
(A) to perform maintenance (including major alterations) or preventative maintenance on aircraft operated, or to be operated, within the limitations of paragraph (2)(B); or
(B) conduct operations within the limitations of paragraph (2)(B).
(f)
(1)
(A) sell, lease, or use the aircraft outside the contiguous 48 States;
(B) scrap the aircraft;
(C) obtain modifications to the aircraft to meet stage 3 noise levels;
(D) perform scheduled heavy maintenance or significant modifications on the aircraft at a maintenance facility located in the contiguous 48 States;
(E) deliver the aircraft to an operator leasing the aircraft from the owner or return the aircraft to the lessor;
(F) prepare or park or store the aircraft in anticipation of any of the activities described in subparagraphs (A) through (E); or
(G) divert the aircraft to an alternative airport in the contiguous 48 States on account of weather, mechanical, fuel, air traffic control, or other safety reasons while conducting a flight in order to perform any of the activities described in subparagraphs (A) through (F).
(2)
(g)
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1291; Pub. L. 106–113, div. B, §1000(a)(5) [title II, §231(a), (b)(1)], Nov. 29, 1999, 113 Stat. 1536, 1501A–300, 1501A–301; Pub. L. 106–181, title VII, §721(a)–(c)(1), (d), Apr. 5, 2000, 114 Stat. 164, 165.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47528(a) | 49 App.:2157(a). | Nov. 5, 1990, Pub. L. 101–508, §9308(a)–(c), (g), 104 Stat. 1388–382, 1388–383. |
| 47528(b) | 49 App.:2157(b). | |
| 47528(c) | 49 App.:2157(c). | |
| 47528(d) | 49 App.:2157(g). | |
| 47528(e) | 49 App.:2157(i). | Nov. 5, 1990, Pub. L. 101–508, 104 Stat. 1388–382, §9308(i); added Oct. 28, 1991, Pub. L. 102–143, §349(b), 105 Stat. 949. |
In subsection (e), the words “the State of” are omitted as surplus. The words “place” and “places” are substituted for “point” and “points” for consistency in title the revised title.
In subsection (e)(1), the words “the operation of” are omitted as surplus. The words “places only in Hawaii” are substituted for “two or more points, all of which are within the State of Hawaii” to eliminate unnecessary words.
The date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century, referred to in subsec. (b)(1), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
The date of the enactment of this subsection, referred to in subsec. (f)(2), is the date of enactment of Pub. L. 106–181, which was approved Apr. 5, 2000.
2000—Pub. L. 106–181, §721(a), repealed Pub. L. 106–113, §1000(a)(5) [title II, §231]. See 1999 Amendment notes and Construction of 2000 Amendment note below.
Subsec. (a). Pub. L. 106–181, §721(b)(1), (c)(1), substituted “subsection (b) or (f)” for “subsection (b)” and inserted “(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)” after “civil subsonic turbojet”.
Subsec. (b)(1). Pub. L. 106–181, §721(d), in first sentence, inserted “or foreign air carrier” after “air carrier”, and, in last sentence, inserted “or, in the case of a foreign air carrier, the 15th day following the date of the enactment of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century” after “January 1, 1999,”.
Subsec. (e)(4). Pub. L. 106–181, §721(b)(2), added par. (4).
Subsecs. (f), (g). Pub. L. 106–181, §721(b)(3), added subsecs. (f) and (g).
1999—Pub. L. 106–113, §1000(a)(5) [title II, §231(a)], which directed the amendment of section 47528 by substituting “subsection (b) or (f)” for “subsection (b)” in subsec. (a), adding a par. (4) to subsec. (e), and adding subsec. (f) at the end, without specifying the Code title to be amended, was repealed by Pub. L. 106–181, §721(a). See Construction of 2000 Amendment note below.
Subsec. (a). Pub. L. 106–113, §1000(a)(5) [title II, §231(b)(1)], which inserted “(for which an airworthiness certificate other than an experimental certificate has been issued by the Administrator)” after “civil subsonic turbojet”, was repealed by Pub. L. 106–181, §721(a). See Construction of 2000 Amendment note below.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Pub. L. 106–181, title VII, §721(c)(2), Apr. 5, 2000, 114 Stat. 165, provided that: “Regulations contained in title 14, Code of Federal Regulations, that implement section 47528 of title 49, United States Code, and related provisions shall be deemed to incorporate the amendment made by paragraph (1) [amending this section] on the date of the enactment of this Act [Apr. 5, 2000].”
Pub. L. 106–181, title VII, §721(a), Apr. 5, 2000, 114 Stat. 164, provided that: “Section 231 of H.R. 3425 of the 106th Congress, as enacted into law by section 1000(a)(5) of Public Law 106–113 [amending this section], is repealed and the provisions of law amended by such section shall be read as if such section had not been enacted into law.”
For termination, effective May 15, 2000, of provisions in subsec. (d)(2) of this section relating to the requirement that the Secretary submit an annual report to Congress, see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and the 7th item on page 132 of House Document No. 103–7.
(a)
(1) complies with the stage 3 noise levels; or
(2) was purchased by the person importing the aircraft into the United States under a legally binding contract made before November 5, 1990.
(b)
(c)
(1) was owned on November 5, 1990, by—
(A) a corporation, trust, or partnership organized under the laws of the United States or a State (including the District of Columbia);
(B) an individual who is a citizen of the United States; or
(C) an entity that is owned or controlled by a corporation, trust, partnership, or individual described in subclause (A) or (B) of this clause; and
(2) enters the United States not later than 6 months after the expiration of a lease agreement (including any extension) between an owner described in clause (1) of this subsection and a foreign carrier.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1292.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47529 | 49 App.:2158. | Nov. 5, 1990, Pub. L. 101–508, §9309, 104 Stat. 1388–384; Oct. 31, 1992, Pub. L. 102–581, §136(b), 106 Stat. 4889. |
Sections 47528(a)–(d) and 47529 of this title do not apply to aircraft used only to provide air transportation outside the 48 contiguous States. A civil subsonic turbojet aircraft with a maximum weight of more than 75,000 pounds that is imported into a noncontiguous State or a territory or possession of the United States after November 4, 1990, may be used to provide air transportation in the 48 contiguous States only if the aircraft complies with the stage 3 noise levels.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47530 | 49 App.:2157(d). | Nov. 5, 1990, Pub. L. 101–508, §9308(d), 104 Stat. 1388–383; Oct. 28, 1991, Pub. L. 102–143, §349(a), 105 Stat. 949. |
A person violating section 47528, 47529, or 47530 of this title or a regulation prescribed under any of those sections is subject to the same civil penalties and procedures under chapter 463 of this title as a person violating section 44701(a) or (b) or any of sections 44702–44716 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293; Pub. L. 103–429, §6(73), Oct. 31, 1994, 108 Stat. 4388.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47531 | 49 App.:2157(e). | Nov. 5, 1990, Pub. L. 101–508, §9308(e), 104 Stat. 1388–383. |
This amends 49:47531 to correct a grammatical error and erroneous cross-references.
1994—Pub. L. 103–429 substituted “section 47528” for “sections 47528” and inserted “any of” before “those” and “any of sections” before “44702–44716”.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
An action taken by the Secretary of Transportation under any of sections 47528–47531 of this title is subject to judicial review as provided under section 46110 of this title.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293; Pub. L. 103–429, §6(74), Oct. 31, 1994, 108 Stat. 4388.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47532 | 49 App.:2157(f). | Nov. 5, 1990, Pub. L. 101–508, §9308(f), 104 Stat. 1388–383. |
This amends 49:47532 to correct an erroneous cross-reference.
1994—Pub. L. 103–429 inserted “any of” before “sections”.
Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Except as provided by section 47524 of this title, this subchapter does not affect—
(1) law in effect on November 5, 1990, on airport noise or access restrictions by local authorities;
(2) any proposed airport noise or access restriction at a general aviation airport if the airport proprietor has formally initiated a regulatory or legislative process before October 2, 1990; or
(3) the authority of the Secretary of Transportation to seek and obtain legal remedies the Secretary considers appropriate, including injunctive relief.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1293.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47533 | 49 App.:2153(h). | Nov. 5, 1990, Pub. L. 101–508, §9304(h), 104 Stat. 1388–382. |