Authority

§ 46507

TITLE 49—TRANSPORTATION

In clause (1), the words ‘‘fined under title 18, imprisoned under that section or chapter, or both’’ are substituted for ‘‘punished as provided therein’’ for consistency with title 18.
In clause (2), the words ‘‘fined under title 18, imprisoned under section 9 of the Act, or both’’ are substituted for ‘‘punished as provided therein’’ for consistency with title 18.
REFERENCES IN TEXT
Section 9 of the Act of July 29, 1892, referred to in
par. (2), is section 9 of act July 29, 1892, ch. 320, 27 Stat.
324, as amended, which is not classified to the Code.

§ 46507. False information and threats
An individual shall be fined under title 18, imprisoned for not more than 5 years, or both, if
the individual—
(1) knowing the information to be false, willfully and maliciously or with reckless disregard for the safety of human life, gives, or
causes to be given, under circumstances in
which the information reasonably may be believed, false information about an alleged attempt being made or to be made to do an act
that would violate section 46502(a), 46504, 46505,
or 46506 of this title; or
(2)(A) threatens to violate section 46502(a),
46504, 46505, or 46506 of this title, or causes a
threat to violate any of those sections to be
made; and
(B) has the apparent determination and will
to carry out the threat.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1245.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

46507 ..........

49 App.:1472(m).

Source (Statutes at Large)
Aug. 23, 1958, Pub. L. 85–726,
72 Stat. 731, § 902(m);
added Sept. 5, 1961, Pub.
L. 87–197, § 1, 75 Stat. 467;
restated Oct. 12, 1984, Pub.
L. 98–473, § 2014(d)(1), 98
Stat. 2190.

In this section, before clause (1), the words ‘‘fined
under title 18’’ are substituted for ‘‘fined not more than
$25,000’’ for consistency with title 18. In clauses (1) and
(2), the words ‘‘a felony’’ are omitted as surplus. In
clause (1), the words ‘‘gives, or causes to be given’’ are
substituted for ‘‘imparts or conveys or causes to be imparted or conveyed’’ to eliminate unnecessary words.
The words ‘‘attempt or’’ are omitted as surplus. In
clause (2), the words ‘‘threatens . . . or causes a threat
. . . to be made’’ are substituted for ‘‘imparts or conveys or causes to be imparted or conveyed any threat’’
to eliminate unnecessary words.

PART B—AIRPORT DEVELOPMENT AND
NOISE

Page 1034

Sec.

47108.
47109.

Project grant agreements.
United States Government’s share of project
costs.
47110.
Allowable project costs.
47111.
Payments under project grant agreements.
47112.
Carrying out airport development projects.
47113.
Minority and disadvantaged business participation.
47114.
Apportionments.
47115.
Discretionary fund.
47116.
Small airport fund.
47117.
Use of apportioned amounts.
47118.
Designating current and former military airports.
47119.
Terminal development costs.
47120.
Grant priority.
47121.
Records and audits.
47122.
Administrative.
47123.
Nondiscrimination.
47124.
Agreements for State and local operation of
airport facilities.
47125.
Conveyances of United States Government
land.
47126.
Criminal penalties for false statements.
47127.
Ground transportation demonstration projects.
47128.
State block grant program.
47129.
Resolution of airport-air carrier disputes concerning airport fees.
47130.
Airport safety data collection.
47131.
Annual report.
[47132.
Repealed.]
47133.
Restriction on use of revenues.
47134.
Pilot program on private ownership of airports.
47135.
Innovative financing techniques.
47136.
Inherently low-emission airport vehicle pilot
program.
47137.
Airport security program.
47138.
Pilot program for purchase of airport development rights.
47139.
Emission credits for air quality projects.
47140.
Airport ground support equipment emissions
retrofit pilot program.
47141.
Compatible land use planning and projects by
State and local governments.
47142.
Design-build contracting.
SUBCHAPTER II—SURPLUS PROPERTY FOR
PUBLIC AIRPORTS
47151.

Authority to transfer an interest in surplus
property.
47152.
Terms of conveyances.
47153.
Waiving and adding terms.
SUBCHAPTER III—AVIATION DEVELOPMENT
STREAMLINING
47171.
47172.
47173.
47174.
47175.

Expedited, coordinated environmental review
process.
Air traffic procedures for airport capacity enhancement projects at congested airports.
Airport funding of FAA staff.
Authorization of appropriations.
Definitions.
AMENDMENTS

CHAPTER 471—AIRPORT DEVELOPMENT
SUBCHAPTER I—AIRPORT IMPROVEMENT
Sec.

47101.
47102.
47103.
47104.
47105.
47106.
47107.

Policies.
Definitions.
National plan of integrated airport systems.
Project grant authority.
Project grant applications.
Project grant application approval conditioned on satisfaction of project requirements.
Project grant application approval conditioned on assurances about airport operations.

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.

Page 1035

TITLE 49—TRANSPORTATION

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.

SUBCHAPTER I—AIRPORT IMPROVEMENT
§ 47101. Policies
(a) GENERAL.—It is the policy of the United
States—
(1) that the safe operation of the airport and
airway system is the highest aviation priority;
(2) that aviation facilities be constructed
and operated to minimize current and projected noise impact on nearby communities;
(3) to give special emphasis to developing reliever airports;
(4) that appropriate provisions should be
made to make the development and enhancement of cargo hub airports easier;
(5) to encourage the development of intermodal connections on airport property between aeronautical and other transportation
modes and systems to serve air transportation
passengers and cargo efficiently and effectively and promote economic development;
(6) that airport development projects under
this subchapter provide for the protection and
enhancement of natural resources and the
quality of the environment of the United
States;
(7) that airport construction and improvement projects that increase the capacity of facilities to accommodate passenger and cargo
traffic be undertaken to the maximum feasible
extent so that safety and efficiency increase
and delays decrease;
(8) to ensure that nonaviation usage of the
navigable airspace be accommodated but not
allowed to decrease the safety and capacity of
the airspace and airport system;
(9) that artificial restrictions on airport capacity—
(A) are not in the public interest;
(B) should be imposed to alleviate air traffic delays only after other reasonably available and less burdensome alternatives have
been tried; and
(C) should not discriminate unjustly between categories and classes of aircraft;
(10) that special emphasis should be placed
on converting appropriate former military air
bases to civil use and identifying and improving additional joint-use facilities;
(11) that the airport improvement program
should be administered to encourage projects
that employ innovative technology (including
integrated in-pavement lighting systems for
runways and taxiways and other runway and
taxiway incursion prevention devices), concepts, and approaches that will promote safety, capacity, and efficiency improvements in
the construction of airports and in the air
transportation system (including the development and use of innovative concrete and other
materials in the construction of airport facilities to minimize initial laydown costs, minimize time out of service, and maximize
lifecycle durability) and to encourage and solicit innovative technology proposals and activities in the expenditure of funding pursuant
to this subchapter;

§ 47101

(12) that airport fees, rates, and charges
must be reasonable and may only be used for
purposes not prohibited by this subchapter;
and
(13) that airports should be as self-sustaining
as possible under the circumstances existing
at each particular airport and in establishing
new fees, rates, and charges, and generating
revenues from all sources, airport owners and
operators should not seek to create revenue
surpluses that exceed the amounts to be used
for airport system purposes and for other purposes for which airport revenues may be spent
under section 47107(b)(1) of this title, including
reasonable reserves and other funds to facilitate financing and cover contingencies.
(b) NATIONAL TRANSPORTATION POLICY.—(1) It
is a goal of the United States to develop a national intermodal transportation system that
transports passengers and property in an efficient manner. The future economic direction of
the United States depends on its ability to confront directly the enormous challenges of the
global economy, declining productivity growth,
energy vulnerability, air pollution, and the need
to rebuild the infrastructure of the United
States.
(2) United States leadership in the world economy, the expanding wealth of the United States,
the competitiveness of the industry of the
United States, the standard of living, and the
quality of life are at stake.
(3) A national intermodal transportation system is a coordinated, flexible network of diverse
but complementary forms of transportation that
transports passengers and property in the most
efficient manner. By reducing transportation
costs, these intermodal systems will enhance
the ability of the industry of the United States
to compete in the global marketplace.
(4) All forms of transportation, including aviation and other transportation systems of the future, will be full partners in the effort to reduce
energy consumption and air pollution while promoting economic development.
(5) An intermodal transportation system consists of transportation hubs that connect different forms of appropriate transportation and
provides users with the most efficient means of
transportation and with access to commercial
centers, business locations, population centers,
and the vast rural areas of the United States, as
well as providing links to other forms of transportation and to intercity connections.
(6) Intermodality and flexibility are paramount issues in the process of developing an integrated system that will obtain the optimum
yield of United States resources.
(7) The United States transportation infrastructure must be reshaped to provide the economic underpinnings for the United States to
compete in the 21st century global economy.
The United States can no longer rely on the
sheer size of its economy to dominate international economic rivals and must recognize
fully that its economy is no longer a separate
entity but is part of the global marketplace. The
future economic prosperity of the United States
depends on its ability to compete in an international marketplace that is teeming with competitors but in which a full one-quarter of the

§ 47101

TITLE 49—TRANSPORTATION

economic activity of the United States takes
place.
(8) The United States must make a national
commitment to rebuild its infrastructure
through development of a national intermodal
transportation system. The United States must
provide the foundation for its industries to improve productivity and their ability to compete
in the global economy with a system that will
transport passengers and property in an efficient manner.
(c) CAPACITY EXPANSION AND NOISE ABATEMENT.—It is in the public interest to recognize
the effects of airport capacity expansion
projects on aircraft noise. Efforts to increase capacity through any means can have an impact
on surrounding communities. Noncompatible
land uses around airports must be reduced and
efforts to mitigate noise must be given a high
priority.
(d) CONSISTENCY WITH AIR COMMERCE AND
SAFETY POLICIES.—Each airport and airway program should be carried out consistently with
section 40101(a), (b), (d), and (f) of this title to
foster competition, prevent unfair methods of
competition in air transportation, maintain essential air transportation, and prevent unjust
and discriminatory practices, including as the
practices may be applied between categories and
classes of aircraft.
(e) ADEQUACY OF NAVIGATION AIDS AND AIRPORT
FACILITIES.—This subchapter should be carried
out to provide adequate navigation aids and airport facilities for places at which scheduled
commercial air service is provided. The facilities provided may include—
(1) reliever airports; and
(2) heliports designated by the Secretary of
Transportation to relieve congestion at commercial service airports by diverting aircraft
passengers from fixed-wing aircraft to helicopter carriers.
(f) MAXIMUM USE OF SAFETY FACILITIES.—This
subchapter should be carried out consistently
with a comprehensive airspace system plan, giving highest priority to commercial service airports, to maximize the use of safety facilities,
including installing, operating, and maintaining, to the extent possible with available money
and considering other safety needs—
(1) electronic or visual vertical guidance on
each runway;
(2) grooving or friction treatment of each
primary and secondary runway;
(3) distance-to-go signs for each primary and
secondary runway;
(4) a precision approach system, a vertical
visual guidance system, and a full approach
light system for each primary runway;
(5) a nonprecision instrument approach for
each secondary runway;
(6) runway end identifier lights on each runway that does not have an approach light system;
(7) a surface movement radar system at each
category III airport;
(8) a taxiway lighting and sign system;
(9) runway edge lighting and marking;
(10) radar approach coverage for each airport
terminal area; and

Page 1036

(11) runway and taxiway incursion prevention devices, including integrated in-pavement
lighting systems for runways and taxiways.
(g) INTERMODAL PLANNING.—To carry out the
policy of subsection (a)(5) of this section, the
Secretary of Transportation shall take each of
the following actions:
(1) COORDINATION IN DEVELOPMENT OF AIRPORT PLANS AND PROGRAMS.—Cooperate with
State and local officials in developing airport
plans and programs that are based on overall
transportation needs. The airport plans and
programs shall be developed in coordination
with other transportation planning and considering comprehensive long-range land-use
plans and overall social, economic, environmental, system performance, and energy conservation objectives. The process of developing
airport plans and programs shall be continuing, cooperative, and comprehensive to the degree appropriate to the complexity of the
transportation problems.
(2) GOALS FOR AIRPORT MASTER AND SYSTEM
PLANS.—Encourage airport sponsors and State
and local officials to develop airport master
plans and airport system plans that—
(A) foster effective coordination between
aviation planning and metropolitan planning;
(B) include an evaluation of aviation needs
within the context of multimodal planning;
and
(C) are integrated with metropolitan plans
to ensure that airport development proposals include adequate consideration of land
use and ground transportation access.
(3) REPRESENTATION OF AIRPORT OPERATORS
ON MPO’S.—Encourage metropolitan planning
organizations, particularly in areas with populations greater than 200,000, to establish membership positions for airport operators.
(h) CONSULTATION.—To carry out the policy of
subsection (a)(6) of this section, the Secretary of
Transportation shall consult with the Secretary
of the Interior and the Administrator of the Environmental Protection Agency about any
project included in a project grant application
involving the location of an airport or runway,
or a major runway extension, that may have a
significant effect on—
(1) natural resources, including fish and
wildlife;
(2) natural, scenic, and recreation assets;
(3) water and air quality; or
(4) another factor affecting the environment.
(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.)

Page 1037

HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
47101(a)(1) ..

Source (U.S. Code)
49 App.:2201(a)(1),
(2).

49 App.:2201(a)(9).

49 App.:2201(a)(10).

47101(a)(2) ..

49 App.:2201(a)(8).

47101(a)(3) ..
47101(a)(4) ..

49 App.:2201(a)(6).
49 App.:2201(a)(7).

47101(a)(5) ..

47101(a)(7) ..

49 App.:2201(b) (1st
sentence).
49 App.:2208(b)(5)
(1st sentence).
49 App.:2201(a)(11).

47101(a)(8) ..

49 App.:2201(a)(12).

47101(a)(6) ..

47101(a)(9) ..

49 App.:2201(a)(13).

47101(a)(10)

49 App.:2201(a)(14).

47101(b) ......

49 App.:2201(c).

47101(c) ......
47101(d) ......

49 App.:2201(d).
49 App.:2201(a)(5).

47101(e) ......

49 App.:2201(a)(3).
49 App.:2202(a)(20).

47101(f) .......

49 App.:2201(a)(4).

47101(g) ......

49 App.:2201(b) (2d,
last sentences).
49 App.:2208(b)(5)
(last sentence
words before 11th
comma).

47101(h) ......

§ 47101

TITLE 49—TRANSPORTATION

Source (Statutes at Large)
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.
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.
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.
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.
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.

with other titles of the United States Code. In clause
(1), the word ‘‘is’’ is substituted for ‘‘will continue to
be’’ to eliminate unnecessary words. In clause (2), the
words ‘‘with due regard’’ are omitted as surplus. In
clause (3), the words ‘‘reliever airports make an important contribution to the efficient operation of the airport and airway system’’ are omitted as executed. In
clause (4), the words ‘‘cargo hub airports play a critical
role in the movement of commerce through the airport
and airway system’’ are omitted as executed. In clause
(5), the words ‘‘and promote’’ are omitted as surplus.
In subsection (d), the word ‘‘to’’ is substituted for
‘‘with due regard for the goals expressed therein of’’ to
eliminate unnecessary words.
In subsection (e), before clause (1), the words ‘‘The facilities provided may include’’ are substituted for ‘‘including’’ because of the restatement. Clause (2) is substituted for ‘‘reliever heliports’’ to incorporate the definition of that term from 49 App.:2202(a)(19) into this
subsection.
In subsection (f), before clause (1), the words ‘‘the
goal of’’ are omitted as surplus.
In subsection (g), the words ‘‘formulated’’ and ‘‘due’’
are omitted as surplus. The words ‘‘process of developing airport plans and programs’’ are substituted for
‘‘process’’ for clarity.
PUB. L. 103–429

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.
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.
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.
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.
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.
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.
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.
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.

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

This amends 49:47101(a)(12) to translate a cross-reference to the Airport and Airway Improvement Act of
1982 (Public Law 97–248, 96 Stat. 671) to the corresponding cross-reference of title 49, United States Code.
AMENDMENTS
2000—Subsec. (a)(5). Pub. L. 106–181, § 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 ‘‘INTERMODAL PLANNING’’ for ‘‘COOPERATION’’ in heading and
amended text generally. Prior to amendment, text read
as follows: ‘‘To carry out the policy of subsection (a)(5)
of this section, the Secretary of Transportation shall
cooperate with State and local officials in developing
airport plans and programs that are based on overall
transportation needs. The airport plans and programs
shall be developed in coordination with other transportation planning and considering comprehensive longrange land-use plans and overall social, economic, environmental, system performance, and energy conservation objectives. The process of developing airport plans
and programs shall be continuing, cooperative, and
comprehensive to the degree appropriate to the complexity of the transportation problems.’’
1994—Subsec. (a)(11). Pub. L. 103–305, § 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).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years
beginning after Sept. 30, 1996, and not to be construed

§ 47102

TITLE 49—TRANSPORTATION

as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264,
set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.
AVAILABILITY OF GATES AND OTHER ESSENTIAL
SERVICES
Pub. L. 106–181, title I, § 155(d), Apr. 5, 2000, 114 Stat.
89, provided that: ‘‘The Secretary [of Transportation]
shall ensure that gates and other facilities are made
available at costs that are fair and reasonable to air
carriers at covered airports (as defined in section
47106(f)(4) [47106(f)(3)] of title 49, United States Code)
where a ‘majority-in-interest clause’ of a contract or
other agreement or arrangement inhibits the ability of
the local airport authority to provide or build new
gates or other facilities.’’
CONSTRUCTION OF RUNWAYS
Pub. L. 106–181, title I, § 158, Apr. 5, 2000, 114 Stat. 90,
provided that: ‘‘Notwithstanding any provision of law
that specifically restricts the number of runways at a
single international airport, the Secretary [of Transportation] may obligate funds made available under
chapters 471 and 481 of title 49, United States Code, for
any project to construct a new runway at such airport,
unless this section is expressly repealed.’’
INNOVATIVE FINANCING TECHNIQUES
Pub. L. 104–264, title I, § 148, Oct. 9, 1996, 110 Stat. 3223,
authorized the Secretary of Transportation until Sept.
30, 1998, to carry out a demonstration program to provide information on the use of innovative financing
techniques for airport development projects to Congress and the National Civil Aviation Review Commission. See section 47135 of this title.
AUTHORITY TO CLOSE AIRPORT LOCATED NEAR CLOSED
OR REALIGNED MILITARY BASE
Section 1203 of Pub. L. 104–264 provided that: ‘‘Notwithstanding any other provision of a law, rule, or
grant assurance, an airport that is not a commercial
service airport may be closed by its sponsor without
any obligation to repay grants made under chapter 471
of title 49, United States Code, the Airport and Airway
Improvement Act of 1982 [see References in Text note
set out under section 47108 of this title], or any other
law if the airport is located within 2 miles of a United
States Army depot which has been closed or realigned;
except that in the case of disposal of the land associated with the airport, the part of the proceeds from the
disposal that is proportional to the Government’s share
of the cost of acquiring the land shall be paid to the
Secretary of Transportation for deposit in the Airport
and Airway Trust Fund established under section 9502
of the Internal Revenue Code of 1986 (26 U.S.C. 9502).’’
STUDY ON INNOVATIVE FINANCING
Section 520 of Pub. L. 103–305 provided that:
‘‘(a) STUDY.—The Secretary shall conduct a study on
innovative approaches for using Federal funds to finance airport development as a means of supplementing financing available under the Airport Improvement Program.
‘‘(b) MATTERS TO BE CONSIDERED.—In conducting the
study under subsection (a), the Secretary shall consider, at a minimum, the following:
‘‘(1) Mechanisms that will produce greater investments in airport development per dollar of Federal
expenditure.
‘‘(2) Approaches that would permit entering into
agreements with non-Federal entities, such as airport
sponsors, for the loan of Federal funds, guarantee of
loan repayment, or purchase of insurance or other

Page 1038

forms of enhancement for borrower debt, including
the use of unobligated Airport Improvement Program
contract authority and unobligated balances in the
Airport and Airway Trust Fund.
‘‘(3) Means to lower the cost of financing airport development.
‘‘(c) CONSULTATION.—In considering innovative financing pursuant to this section, the Secretary may
consult with airport owners and operators and public
and private sector experts.
‘‘(d) REPORT TO CONGRESS.—Not later than 12 months
after the date of the enactment of this Act [Aug. 23,
1994], the Secretary shall transmit to Congress a report
on the results of the study conducted under subsection
(a).’’

§ 47102. Definitions
In this subchapter—
(1) ‘‘air carrier airport’’ means a public airport regularly served by—
(A) an air carrier certificated by the Secretary of Transportation under 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 publicuse 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

Page 1039

TITLE 49—TRANSPORTATION

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 air-

§ 47102

craft 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).
1 So in original. There probably should be a second closing parenthesis.

§ 47102

TITLE 49—TRANSPORTATION

(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.

Page 1040

(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.)
HISTORICAL AND REVISION NOTES
Revised
Section
47102(1) ......
47102(2) ......

Source (U.S. Code)
(no source).
49 App.:2202(a)(1).

49 App.:2202(a)(21).

Source (Statutes at Large)

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.
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.

Page 1041

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)

47102(3) ......

49 App.:2202(a)(2).

47102(4) ......

49 App.:2202(a)(3).

47102(5)
47102(6)
47102(7)
47102(8)
47102(9)

49
49
49
49
49

......
......
......
......
......

§ 47102

TITLE 49—TRANSPORTATION

App.:2202(a)(4).
App.:2202(b).
App.:2202(a)(5).
App.:2202(a)(7).
App.:2202(a)(9).

47102(10) .....

49 App.:2202(a)(10).

47102(11) .....

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

47102(12)
47102(13)
47102(14)
47102(15)
47102(16)

.....
.....
.....
.....
.....

49
49
49
49
49

47102(17)
47102(18)
47102(19)
47102(20)

.....
.....
.....
.....

Source (Statutes at Large)
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.
Sept. 3, 1982, Pub. L. 97–248,
§ 503(a)(3)–(5), (7), (8), (b),
96 Stat. 673, 674.

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.
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.
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.

App.:2202(a)(13).
App.:2202(a)(14).
App.:2202(a)(15).
App.:2202(a)(16).
App.:2202(a)(8),
(17).
49 App.:2202(a)(18).
49 App.:2202(a)(19).
49 App.:2202(a)(22).
49 App.:2202(a)(23).

In this section, before clause (1), the words ‘‘In this
subchapter’’ are substituted for ‘‘As used in this chapter’’ and ‘‘Whenever in this chapter reference is made
to . . . such reference shall mean’’ for consistency in
the revised title and with other titles of the United
States Code and to eliminate unnecessary words.
Clause (1) restates the definition of ‘‘air carrier airport’’ that was contained in section 11(1) of the Airport
and Airway Development Act of 1970 as in effect both
on February 18, 1980, and immediately before September 3, 1982. The clause is added to this section to eliminate the cross-references to definitions in section 11 of
the Airport and Airway Development Act of 1970 that
are contained in the source provisions restated in sections 47106(d) and 47119(a) of the revised title. Because
some of the terms used in the definition of ‘‘air carrier
airport’’ were themselves defined in section 11, the definitions of those terms are incorporated in the definition added in clause (1) to the extent they differ from
the definitions of those terms restated in this section.
The words ‘‘Secretary of Transportation’’ and ‘‘Secretary’’ are substituted for ‘‘Civil Aeronautics Board’’
because of the transfer of authority under 49
App.:1551(b)(1)(E).
In clause (2), before subclause (A), the text of 49
App.:2202(a)(21) is omitted as surplus because the complete name of the Secretary of Transportation is used
the first time the term appears in a section. In subclause (A)(iii), the words ‘‘those areas’’ are substituted
for ‘‘thereon’’ for clarity.
In clause (3)(A), before subclause (i), the words ‘‘any
work involved in’’ and ‘‘or portion thereof’’ are eliminated as unnecessary. The word ‘‘reconstructing’’ is
omitted as being included in ‘‘constructing’’. In subclause (ii), the words ‘‘carrying out a field investigation’’ are substituted for ‘‘field investigations incidental thereto’’ for clarity.
In clause (3)(B), before subclause (i), the word ‘‘for’’ is
substituted for ‘‘by’’ for clarity. In subclause (i), the
words ‘‘required by the acquisition or installation’’ are
substituted for ‘‘thereby required’’ for clarity. In subclause (ii), the word ‘‘individuals’’ is substituted for

‘‘persons’’ for clarity and consistency in the revised
title and with other titles of the Code.
In clause (3)(C), before subclause (i), the words ‘‘interest in land or airspace’’ are substituted for ‘‘land or of
any interest therein, or of any easement through or
other interest in airspace’’ to eliminate unnecessary
words. In subclause (ii), the words ‘‘existing airport
hazard . . . the creation of a new airport hazard’’ are
added for clarity and consistency in this chapter.
In clause (3)(D), the words ‘‘any . . . work involved
to’’ are omitted as surplus. The word ‘‘Secretary’’ is
substituted for ‘‘Department of Transportation’’ because of 49:102(b). The words ‘‘Administrator of the’’
are added because of 49:106(b).
In clause (4), the word ‘‘near’’ is substituted for ‘‘in
the vicinity of’’ to eliminate unnecessary words. The
words ‘‘obstructs or otherwise is hazardous to the landing or taking off’’ are substituted for ‘‘obstructs the
airspace required for the flight of aircraft in landing or
taking off . . . or is otherwise hazardous to such landing or taking off’’ for clarity and to eliminate unnecessary words.
In clause (6), the words ‘‘for a fiscal year . . . for that
fiscal year’’ are omitted as surplus. The words ‘‘authorized for grants’’ are substituted for ‘‘made available for
obligation’’ for clarity and consistency. The word
‘‘law’’ is substituted for ‘‘Act of Congress’’ for consistency in the revised title and with other titles of the
Code. The words ‘‘or limited’’ are omitted as surplus.
In clause (8), before subclause (A), the words ‘‘the initial as well as continuing’’ and ‘‘nature’’ are omitted as
surplus. In subclause (C), the words ‘‘needed to decide
which aeronautical needs should be met’’ are substituted for ‘‘as may be necessary to determine the
short-, intermediate-, and long-range aeronautical demands required to be met’’ for clarity and to eliminate
unnecessary words. The word ‘‘particular’’ is eliminated as unnecessary. In subclause (D), the word ‘‘prescribed’’ is substituted for ‘‘the establishment . . . of’’
for consistency in the revised title and with other titles
of the Code.
In clause (9), the words ‘‘scheduled and nonscheduled’’ are omitted as surplus. The word ‘‘cargo’’ is
substituted for ‘‘property (including mail)’’ for consistency in the revised title.
In clause (10), before subclause (A), the words ‘‘passenger boardings’’ are substituted for ‘‘passengers enplaned’’ for clarity. In subclause (A), the words ‘‘domestic, territorial, and international’’, ‘‘in the States’’,
‘‘scheduled and nonscheduled’’, and ‘‘intrastate, interstate, and foreign’’ are omitted as surplus. In subclause
(B), the words ‘‘who continue on an aircraft in’’ are
substituted for ‘‘on board’’ for clarity. (See Cong. Rec.,
pp. S15296, 15297, Oct. 28, 1987, daily ed.). The words
‘‘that stops’’ are substituted for ‘‘which transit’’ for
clarity. The word ‘‘located’’ is omitted as surplus.
In clause (12), the words ‘‘included in one project
grant application’’ are substituted for ‘‘submitted together’’, and the words ‘‘or all projects to be undertaken’’ are substituted for ‘‘including the combined
submission of all projects’’, for clarity and consistency
in this chapter.
In clause (15)(A), the words ‘‘or any agency of a State,
a municipality . . . other’’ are omitted as surplus.
In clause (19)(A), the words ‘‘either individually or
jointly with one or more other public agencies’’ are
omitted as surplus.
In clause (20), the words ‘‘the Commonwealth of’’ and
‘‘the Government of’’ are omitted as surplus.
REFERENCES IN TEXT
The Americans with Disabilities Act of 1990, referred
to in par. (3)(F), is 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

§ 47103

TITLE 49—TRANSPORTATION

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.
AMENDMENTS
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.

Page 1042

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’’.
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years
beginning after Sept. 30, 1996, and not to be construed
as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264,
set out as a note under section 106 of this title.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.
GUIDANCE
Pub. L. 108–176, title I, § 159(b)(2), Dec. 12, 2003, 117
Stat. 2510, provided that:
‘‘(A) ELIGIBLE LOW-EMISSION MODIFICATIONS AND IMPROVEMENTS.—The Secretary of Transportation, in consultation with the Administrator of the Environmental
Protection Agency, shall issue guidance describing eligible low-emission modifications and improvements,
and stating how airport sponsors will demonstrate benefits, under section 47102(3)(K) of title 49, United States
Code, as added by this subsection.
‘‘(B) ELIGIBLE LOW-EMISSION VEHICLE TECHNOLOGY.—
The Secretary, in consultation with the Administrator,
shall issue guidance describing eligible low-emission
vehicle technology, and stating how airport sponsors
will demonstrate benefits, under section 47102(3)(L) of
title 49, United States Code, as added by this subsection.’’

§ 47103. National plan of integrated airport systems
(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—The Secretary of Transportation shall

Page 1043

TITLE 49—TRANSPORTATION

maintain the plan for developing public-use airports in the United States, named ‘‘the national
plan of integrated airport systems’’. The plan
shall include the kind and estimated cost of eligible airport development the Secretary of
Transportation considers necessary to provide a
safe, efficient, and integrated system of publicuse airports adequate to anticipate and meet the
needs of civil aeronautics, to meet the national
defense requirements of the Secretary of Defense, and to meet identified needs of the United
States Postal Service. Airport development included in the plan may not be limited to meeting the needs of any particular classes or categories of public-use airports. In maintaining
the plan, the Secretary of Transportation shall
consider the needs of each segment of civil aviation and the relationship of each airport to—
(1) the rest of the transportation system in
the particular area;
(2) forecasted technological developments in
aeronautics; and
(3) forecasted developments in other modes
of intercity transportation.
(b) SPECIFIC REQUIREMENTS.—In maintaining
the plan, the Secretary of Transportation
shall—
(1) to the extent possible and as appropriate,
consult with departments, agencies, and instrumentalities of the United States Government, with public agencies, and with the aviation community;
(2) consider tall structures that reduce safety or airport capacity; and
(3) make every reasonable effort to address
the needs of air cargo operations, Short Takeoff and Landing/Very Short Takeoff and Landing aircraft operations, and rotary wing aircraft operations.
(c) AVAILABILITY OF DOMESTIC MILITARY AIRPORTS AND AIRPORT FACILITIES.—To the extent
possible, the Secretary of Defense shall make
domestic military airports and airport facilities
available for civil use. In advising the Secretary
of Transportation under subsection (a) of this
section, the Secretary of Defense shall indicate
the extent to which domestic military airports
and airport facilities are available for civil use.
(d) PUBLICATION.—The Secretary of Transportation shall publish the status of the plan every
2 years.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1251.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47103(a) ......

49 App.:2203(a)(1)
(2d–last sentences).

47103(b) ......

49 App.:2203(a)(2).

47103(c) ......

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

47103(d) ......

49 App.:2203(a)(1)
(1st sentence).

49 App.:2203(c).

Source (Statutes at Large)
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.
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.
Sept. 3, 1982, Pub. L. 97–248,
§ 504(c), 96 Stat. 676.
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.

§ 47104

In subsection (a), before clause (1), the words ‘‘shall
maintain’’ and ‘‘In maintaining’’ are substituted for
‘‘In reviewing and revising’’ for clarity and consistency
in the revised title. The word ‘‘named’’ is substituted
for ‘‘After September 3, 1982, the revised national airport system plan shall be known as’’, and the words
‘‘the national defense requirements of the Secretary of
Defense’’ are substituted for ‘‘requirements in support
of the national defense as determined by the Secretary
of Defense’’, to eliminate unnecessary words. The words
‘‘included in the plan may not be limited to meeting
the needs of any particular’’ are substituted for ‘‘identified by this plan shall not be limited to the requirements of any’’ for clarity and consistency in this section. The words ‘‘among other things’’ are omitted as
surplus.
In subsection (b), before clause (1), the words ‘‘In
maintaining’’ are substituted for ‘‘In reviewing and revising’’ for consistency in this section. In clause (1), the
words ‘‘departments, agencies, and instrumentalities of
the United States Government’’ are substituted for
‘‘Federal . . . agencies’’ for consistency in the revised
title and with other titles of the United States Code. In
clauses (2) and (3), the words ‘‘As soon as feasible following December 30, 1987’’ are omitted as obsolete. In
clause (3), the word ‘‘legitimate’’ is omitted as surplus.
In subsection (c), the words ‘‘Secretary of Defense’’
are substituted for ‘‘Department of Defense’’ because of
10:133.
In subsection (d), the words ‘‘Not later than two
years after September 3, 1982’’ are omitted as executed.

§ 47104. Project grant authority
(a) GENERAL AUTHORITY.—To maintain a safe
and efficient nationwide system of public-use
airports that meets the present and future needs
of civil aeronautics, the Secretary of Transportation may make project grants under this subchapter from the Airport and Airway Trust
Fund.
(b) INCURRING OBLIGATIONS.—The Secretary
may incur obligations to make grants from
amounts made available under section 48103 of
this title as soon as the amounts are apportioned under section 47114(c) and (d)(2) of this
title.
(c) EXPIRATION OF AUTHORITY.—After January
31, 2012, the Secretary may not incur obligations
under subsection (b) of this section, except for
obligations of amounts—
(1) remaining available after that date under
section 47117(b) of this title; or
(2) recovered by the United States Government from grants made under this chapter if
the amounts are obligated only for increases
under section 47108(b)(2) and (3) of this title in
the maximum amount of obligations of the
Government for any other grant made under
this title.
(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,

§ 47104

TITLE 49—TRANSPORTATION

§ 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.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
47104(a) ......

Source (U.S. Code)
49 App.:2202(a)(24).

49 App.:2204(a) (1st
sentence).
47104(b) ......

49 App.:2204(b)(1)
(1st sentence).

47104(c) ......

49 App.:2204(b)(1)
(last sentence).

Source (Statutes at Large)
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.
Sept. 3, 1982, Pub. L. 97–248,
§ 505(a) (1st sentence), 96
Stat. 676.
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.

In subsection (a), the words ‘‘project grants’’ are substituted for ‘‘grants . . . for airport development and
airport planning by project grants’’ in 49 App.:2204(a) to
eliminate unnecessary words and because of the definitions of ‘‘project’’ and ‘‘project grant’’ in section 47102
of the revised title.
In subsection (b), the words ‘‘and such authority shall
exist with respect to funds available for the making of
grants for any fiscal year or part thereof pursuant to
subsection (a) of this section’’ are omitted as surplus.
In subsection (c), the words ‘‘except for obligations of
amounts’’ are substituted for ‘‘except that nothing in
this section shall preclude the obligation by grant
agreement of apportioned funds’’ to eliminate unnecessary words.
PUB. L. 103–429
Revised
Section
47104(c) ......

Source (U.S. Code)

Page 1044

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’’.

Source (Statutes at Large)

EFFECTIVE DATE OF 2008 AMENDMENT
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.
AMENDMENTS
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.

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.’’
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years
beginning after Sept. 30, 1996, and not to be construed
as affecting funds made available for a fiscal year end-

Page 1045

TITLE 49—TRANSPORTATION

ing before Oct. 1, 1996, see section 3 of Pub. L. 104–264,
set out as a note under section 106 of this title.
DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF
TITLE 51
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.
DESIGN-BUILD CONTRACTING
Pub. L. 106–181, title I, § 139, Apr. 5, 2000, 114 Stat. 85,
provided that:
‘‘(a) PILOT PROGRAM.—The Administrator [of the Federal Aviation Administration] may establish a pilot
program under which design-build contracts may be
used to carry out up to 7 projects at airports in the
United States with a grant awarded under section 47104
of title 49, United States Code. A sponsor of an airport
may submit an application to the Administrator to
carry out a project otherwise eligible for assistance
under chapter 471 of such title under the pilot program.
‘‘(b) USE OF DESIGN-BUILD CONTRACTS.—Under the
pilot program, the Administrator may approve an application of an airport sponsor under this section to authorize the airport sponsor to award a design-build contract using a selection process permitted under applicable State or local law if—
‘‘(1) the Administrator approves the application
using criteria established by the Administrator;
‘‘(2) the design-build contract is in a form that is
approved by the Administrator;
‘‘(3) the Administrator is satisfied that the contract
will be executed pursuant to competitive procedures
and contains a schematic design adequate for the Administrator to approve the grant;
‘‘(4) use of a design-build contract will be cost effective and expedite the project;
‘‘(5) the Administrator is satisfied that there will
be no conflict of interest; and
‘‘(6) the Administrator is satisfied that the selection process will be as open, fair, and objective as the
competitive bid system and that at least three or
more bids will be submitted for each project under
the selection process.
‘‘(c) REIMBURSEMENT OF COSTS.—The Administrator
may reimburse an airport sponsor for design and construction costs incurred before a grant is made pursuant to this section if the project is approved by the Administrator in advance and is carried out in accordance
with all administrative and statutory requirements
that would have been applicable under chapter 471 of
title 49, United States Code, if the project were carried
out after a grant agreement had been executed.
‘‘(d) DESIGN-BUILD CONTRACT DEFINED.—In this section, the term ‘design-build contract’ means an agreement that provides for both design and construction of
a project by a contractor.
‘‘(e) EXPIRATION OF AUTHORITY.—The authority of the
Administrator to carry out the pilot program under
this section shall expire on September 30, 2003.’’

§ 47105. Project grant applications
(a) SUBMISSION AND CONSULTATION.—(1) An application for a project grant under this subchapter may be submitted to the Secretary of
Transportation by—
(A) a sponsor; or
(B) a State, as the only sponsor, for an airport development project benefitting 1 or more
airports in the State or for airport planning
for projects for 1 or more airports in the State
if—
(i) the sponsor of each airport gives written consent that the State be the applicant;
(ii) the Secretary is satisfied there is administrative merit and aeronautical benefit
in the State being the sponsor; and

§ 47105

(iii) an acceptable agreement exists that
ensures that the State will comply with appropriate grant conditions and other assurances the Secretary requires.
(2) Before deciding to undertake an airport development project at an airport under this subchapter, a sponsor shall consult with the airport
users that will be affected by the project.
(3) This subsection does not authorize a public
agency that is subject to the laws of a State to
apply for a project grant in violation of a law of
the State.
(b) CONTENTS AND FORM.—An application for a
project grant under this subchapter—
(1) shall describe the project proposed to be
undertaken;
(2) may propose a project only for a publicuse airport included in the current national
plan of integrated airport systems;
(3) may propose airport development only if
the development complies with standards the
Secretary prescribes or approves, including
standards for site location, airport layout, site
preparation, paving, lighting, and safety of approaches; and
(4) shall be in the form and contain other information the Secretary prescribes.
(c) STATE
MENT.—The

STANDARDS FOR AIRPORT DEVELOPSecretary may approve standards
(except standards for safety of approaches) that
a State prescribes for airport development at
nonprimary public-use airports in the State. On
approval under this subsection, a State’s standards apply to the nonprimary public-use airports
in the State instead of the comparable standards
prescribed by the Secretary under subsection
(b)(3) of this section. The Secretary, or the State
with the approval of the Secretary, may revise
standards approved under this subsection.
(d) CERTIFICATION OF COMPLIANCE.—The Secretary may require a sponsor to certify that the
sponsor will comply with this subchapter in carrying out the project. The Secretary may rescind the acceptance of a certification at any
time. This subsection does not affect an obligation or responsibility of the Secretary under another law of the United States.
(e) PREVENTIVE MAINTENANCE.—After January
1, 1995, the Secretary may approve an application under this subchapter for the replacement
or reconstruction of pavement at an airport
only if the sponsor has provided such assurances
or certifications as the Secretary may determine appropriate that such airport has implemented an effective airport pavement maintenance-management program. The Secretary
may require such reports on pavement condition
and pavement management programs as the
Secretary determines may be useful.
(f) NOTIFICATION.—The sponsor of an airport
for which an amount is apportioned under section 47114(c) of this title shall notify the Secretary of the fiscal year in which the sponsor intends to submit a project grant application for
the apportioned amount. The notification shall
be given by the time and contain the information the Secretary prescribes.
(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.)

§ 47106

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section
47105(a)
(1)(A).

47105(a)
(1)(B).

47105(a)(2) ..
47105(a)(3) ..
47105(b) ......

47105(c) ......
47105(d) ......
47105(e) ......

Source (U.S. Code)

Source (Statutes at Large)

49 App.:2208(a)(1)
(1st sentence related to authority
to submit applications).
49 App.:2208(a)(3).

Sept. 3, 1982, Pub. L. 97–248,
§§ 509(a)(1), (c), (d), 511(c),
96 Stat. 682, 685, 688.

49 App.:2210(c).
49 App.:2208(a)(1) (3d
sentence).
49 App.:2208(a)(1)
(1st sentence related to form and
contents, 2d, last
sentences).
49 App.:2208(c).
49 App.:2208(d).
49 App.:2208(e).

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.

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.
AMENDMENTS
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).

Page 1046

§ 47106. Project grant application approval conditioned on satisfaction of project requirements
(a) PROJECT GRANT APPLICATION APPROVAL.—
The Secretary of Transportation may approve
an application under this subchapter for a
project grant only if the Secretary is satisfied
that—
(1) the project is consistent with plans (existing at the time the project is approved) of
public agencies authorized by the State in
which the airport is located to plan for the development of the area surrounding the airport;
(2) the project will contribute to carrying
out this subchapter;
(3) enough money is available to pay the
project costs that will not be paid by the
United States Government under this subchapter;
(4) the project will be completed without unreasonable delay; and
(5) the sponsor has authority to carry out
the project as proposed.
(b) AIRPORT DEVELOPMENT
PLICATION APPROVAL.—The

PROJECT GRANT APSecretary may approve an application under this subchapter for
an airport development project grant for an airport only if the Secretary is satisfied that—
(1) the sponsor, a public agency, or the Government holds good title to the areas of the
airport used or intended to be used for the
landing, taking off, or surface maneuvering of
aircraft, or that good title will be acquired;
(2) the interests of the community in or near
which the project may be located have been
given fair consideration; and
(3) the application provides touchdown zone
and centerline runway lighting, high intensity
runway lighting, or land necessary for installing approach light systems that the Secretary,
considering the category of the airport and
the kind and volume of traffic using it, decides
is necessary for safe and efficient use of the
airport by aircraft.
(c) ENVIRONMENTAL REQUIREMENTS.—(1) The
Secretary may approve an application under
this subchapter for an airport development
project involving the location of an airport or
runway or a major runway extension—
(A) only if the sponsor certifies to the Secretary that—
(i) an opportunity for a public hearing was
given to consider the economic, social, and
environmental effects of the location and
the location’s consistency with the objectives of any planning that the community
has carried out;
(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

Page 1047

TITLE 49—TRANSPORTATION

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) WITHHOLDING APPROVAL.—(1) The Secretary
may withhold approval of an application under
this subchapter for amounts apportioned under
section 47114(c) and (e) of this title for violating
an assurance or requirement of this subchapter
only if—
(A) the Secretary provides the sponsor an
opportunity for a hearing; and
(B) not later than 180 days after the later of
the date of the application or the date the Secretary discovers the noncompliance, the Secretary finds that a violation has occurred.
(2) The 180-day period may be extended by—
(A) agreement between the Secretary and
the sponsor; or
(B) the hearing officer if the officer decides
an extension is necessary because the sponsor
did not follow the schedule the officer established.
(3) A person adversely affected by an order of
the Secretary withholding approval may obtain
review of the order by filing a petition in the
United States Court of Appeals for the District
of Columbia Circuit or in the court of appeals of
the United States for the circuit in which the
project is located. The action must be brought
not later than 60 days after the order is served
on the petitioner.
(e) REPORTS RELATING TO CONSTRUCTION OF
CERTAIN NEW HUB AIRPORTS.—At least 90 days
prior to the approval under this subchapter of a

§ 47106

project grant application for construction of a
new hub airport that is expected to have 0.25
percent or more of the total annual enplanements in the United States, the Secretary shall
submit to Congress a report analyzing the anticipated impact of such proposed new airport
on—
(1) the fees charged to air carriers (including
landing fees), and other costs that will be incurred by air carriers, for using the proposed
airport;
(2) air transportation that will be provided
in the geographic region of the proposed airport; and
(3) the availability and cost of providing air
transportation to rural areas in such geographic region.
(f) COMPETITION PLANS.—
(1) PROHIBITION.—Beginning in fiscal year
2001, no passenger facility fee may be approved
for a covered airport under section 40117 and
no grant may be made under this subchapter
for a covered airport unless the airport has
submitted to the Secretary a written competition plan in accordance with this subsection.
(2) CONTENTS.—A competition plan under
this subsection shall include information on
the availability of airport gates and related facilities, leasing and sub-leasing arrangements,
gate-use requirements, patterns of air service,
gate-assignment policy, financial constraints,
airport controls over air- and ground-side capacity, whether the airport intends to build or
acquire gates that would be used as common
facilities, and airfare levels (as compiled by
the Department of Transportation) compared
to other large airports.
(3) SPECIAL RULE FOR FISCAL YEAR 2002.—This
subsection does not apply to any passenger facility fee approved, or grant made, in fiscal
year 2002 if the fee or grant is to be used to improve security at a covered airport.
(4) COVERED AIRPORT DEFINED.—In this subsection, the term ‘‘covered airport’’ means a
commercial service airport—
(A) that has more than .25 percent of the
total number of passenger boardings each
year at all such airports; and
(B) at which one or two air carriers control
more than 50 percent of the passenger boardings.
(g) CONSULTATION WITH SECRETARY OF HOMESECURITY.—The Secretary shall consult
with the Secretary of Homeland Security before
approving an application under this subchapter
for an airport development project grant for activities described in section 47102(3)(B)(ii) only
as they relate to security equipment or section
47102(3)(B)(x) only as they relate to installation
of bulk explosive detection system.
LAND

(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.)

§ 47106

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section

Source (U.S. Code)

47106(a) ......

49 App.:2208(b)
(1)(A)–(D).

47106(b) ......

49 App.:2202(a)(8).
49 App.:2208(b)
(2)–(4).
49 App.:2208(b)(6)(A).

47106(c)
(1)(A).

47106(c)
(1)(B).
47106(c)
(1)(C).

47106(c)(2) ..
47106(c)(3) ..
47106(c)(4) ..
47106(c)(5) ..

47106(d) ......

47106(e) ......

49 App.:2208(b)(7)(A)
(1st, 2d sentences).
49 App.:2208(b)(5)
(last sentence
words between
11th and 12th commas and after last
comma).
49 App.:2208(b)(8).
49 App.:2208(b)(6)(B).
49 App.:2208(b)(7)(A)
(last sentence),
(B).
49 App.:2208(b)(5)
(last sentence
words between
12th and last commas).
49 App.:1731.

49 App.:2218(b) (related to application).

Source (Statutes at Large)
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.

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.

Page 1048

plus because of the requirement that the decision be a
matter of public record.
In subsection (d)(1), the words ‘‘(as defined by section
1711(8) of this Appendix, as in effect on February 18,
1980)’’ are omitted because of the definition of ‘‘air carrier airport’’ in section 47102 of the revised title.
In subsection (d)(2), the words ‘‘Notwithstanding any
other provision of the Airport and Airway Improvement Act of 1982 [49 App. U.S.C. 2201 et seq.]’’ and ‘‘single’’ are omitted as surplus.
In subsection (e)(1) and (2), the word ‘‘sponsor’’ is substituted for ‘‘applicant’’ for consistency.
In subsection (e)(1), before clause (A), the words
‘‘under this subchapter’’ are added for consistency in
this section. The word ‘‘other’’ is omitted as surplus.
In subsection (e)(2)(A), the word ‘‘mutual’’ is omitted
as surplus.
In subsection (e)(3), the words ‘‘adversely affected’’
are substituted for ‘‘aggrieved’’ for consistency in the
revised title and with other titles of the United States
Code. The words ‘‘the date on which’’ are omitted as
surplus.
AMENDMENTS

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.
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 sur-

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) GENERAL AVIATION AIRPORT PROJECT GRANT APPLICATION APPROVAL.—(1) In this subsection, ‘general
aviation airport’ means a public airport that is not an
air carrier airport.
‘‘(2) The Secretary may approve an application under
this subchapter for an airport development project included in a project grant application involving the construction or extension of a runway at a general aviation airport located on both sides of a boundary line
separating 2 counties within a State only if, before the
application is submitted to the Secretary, the project
is approved by the governing body of each village incorporated under the laws of the State and located entirely within 5 miles of the nearest boundary of the airport.’’

Page 1049

TITLE 49—TRANSPORTATION

EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 2002 AMENDMENT
Amendment by Pub. L. 107–296 effective 60 days after
Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as
an Effective Date note under section 101 of Title 6, Domestic Security.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
ENVIRONMENTAL REVIEW OF AIRPORT IMPROVEMENT
PROJECTS
Pub. L. 106–181, title III, § 310, Apr. 5, 2000, 114 Stat.
128, provided that:
‘‘(a) STUDY.—The Secretary [of Transportation] shall
conduct a study of Federal environmental requirements related to the planning and approval of airport
improvement projects.
‘‘(b) CONTENTS.—In conducting the study, the Secretary, at a minimum, shall assess—
‘‘(1) the current level of coordination among Federal and State agencies in conducting environmental
reviews in the planning and approval of airport improvement projects;
‘‘(2) the role of public involvement in the planning
and approval of airport improvement projects;
‘‘(3) the staffing and other resources associated
with conducting such environmental reviews; and
‘‘(4) the time line for conducting such environmental reviews.
‘‘(c) CONSULTATION.—The Secretary shall conduct the
study in consultation with the Administrator [of the
Federal Aviation Administration], the heads of other
appropriate Federal departments and agencies, airport
sponsors, the heads of State aviation agencies, representatives of the design and construction industry,
representatives of employee organizations, and representatives of public interest groups.
‘‘(d) REPORT.—Not later than 1 year after the date of
the enactment of this Act [Apr. 5, 2000], the Secretary
shall transmit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation
of the Senate a report on the results of the study, together with recommendations for streamlining, if appropriate, the environmental review process in the
planning and approval of airport improvement
projects.’’
GRANTS FOR ENGINEERED MATERIALS ARRESTING
SYSTEMS
Pub. L. 106–181, title V, § 514(c), Apr. 5, 2000, 114 Stat.
144, provided that: ‘‘In making grants under section
47104 of title 49, United States Code, for engineered materials arresting systems, the Secretary [of Transportation] shall require the sponsor to demonstrate that
the effects of jet blasts have been adequately considered.’’
GRANTS FOR RUNWAY REHABILITATION
Pub. L. 106–181, title V, § 514(d), Apr. 5, 2000, 114 Stat.
144, provided that: ‘‘In any case in which an airport’s
runways are constrained by physical conditions, the
Secretary [of Transportation] shall consider alternative means for ensuring runway safety (other than a
safety overrun area) when prescribing conditions for
grants for runway rehabilitation.’’
COMPLIANCE WITH REQUIREMENTS
Pub. L. 106–181, title VII, § 737, Apr. 5, 2000, 114 Stat.
172, provided that: ‘‘Notwithstanding any other provi-

§ 47107

sion 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.’’

§ 47107. Project grant application approval conditioned on assurances about airport operations
(a) GENERAL WRITTEN ASSURANCES.—The Secretary of Transportation may approve a project
grant application under this subchapter for an
airport development project only if the Secretary receives written assurances, satisfactory
to the Secretary, that—
(1) the airport will be available for public
use on reasonable conditions and without unjust discrimination;
(2) air carriers making similar use of the airport will be subject to substantially comparable charges—
(A) for facilities directly and substantially
related to providing air transportation; and
(B) regulations and conditions, except for
differences based on reasonable classifications, such as between—
(i) tenants and nontenants; and
(ii) signatory and nonsignatory carriers;
(3) the airport operator will not withhold unreasonably the classification or status of tenant or signatory from an air carrier that assumes obligations substantially similar to
those already imposed on air carriers of that
classification or status;
(4) a person providing, or intending to provide, aeronautical services to the public will
not be given an exclusive right to use the airport, with a right given to only one fixed-base
operator to provide services at an airport
deemed not to be an exclusive right if—
(A) the right would be unreasonably costly, burdensome, or impractical for more
than one fixed-base operator to provide the
services; and
(B) allowing more than one fixed-base operator to provide the services would require
reducing the space leased under an existing
agreement between the one fixed-base operator and the airport owner or operator;
(5) fixed-base operators similarly using the
airport will be subject to the same charges;
(6) an air carrier using the airport may service itself or use any fixed-base operator allowed by the airport operator to service any
carrier at the airport;
(7) the airport and facilities on or connected
with the airport will be operated and maintained suitably, with consideration given to
climatic and flood conditions;
(8) a proposal to close the airport temporarily for a nonaeronautical purpose must
first be approved by the Secretary;
(9) appropriate action will be taken to ensure that terminal airspace required to protect instrument and visual operations to the

§ 47107

TITLE 49—TRANSPORTATION

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 air-

Page 1050

port 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) WRITTEN ASSURANCES ON USE OF REVENUE.—(1) The Secretary of Transportation may
approve a project grant application under this
subchapter for an airport development project
only if the Secretary receives written assurances, satisfactory to the Secretary, that local
taxes on aviation fuel (except taxes in effect on
December 30, 1987) and the revenues generated
by a public airport will be expended for the capital or operating costs of—
(A) the airport;
(B) the local airport system; or
(C) other local facilities owned or operated
by the airport owner or operator and directly
and substantially related to the air transportation of passengers or property.

Page 1051

TITLE 49—TRANSPORTATION

(2) Paragraph (1) of this subsection does not
apply if a provision enacted not later than September 2, 1982, in a law controlling financing by
the airport owner or operator, or a covenant or
assurance in a debt obligation issued not later
than September 2, 1982, by the owner or operator, provides that the revenues, including local
taxes on aviation fuel at public airports, from
any of the facilities of the owner or operator, including the airport, be used to support not only
the airport but also the general debt obligations
or other facilities of the owner or operator.
(3) This subsection does not prevent the use of
a State tax on aviation fuel to support a State
aviation program or the use of airport revenue
on or off the airport for a noise mitigation purpose.
(c) WRITTEN ASSURANCES ON ACQUIRING LAND.—
(1) In this subsection, land is needed for an airport purpose (except a noise compatibility purpose) if—
(A)(i) the land may be needed for an aeronautical purpose (including runway protection
zone) or serves as noise buffer land; and
(ii) revenue from interim uses of the land
contributes to the financial self-sufficiency of
the airport; and
(B) for land purchased with a grant the
owner or operator received not later than December 30, 1987, the Secretary of Transportation or the department, agency, or instrumentality of the Government that made the
grant was notified by the owner or operator of
the use of the land and did not object to the
use and the land is still being used for that
purpose.
(2) The Secretary of Transportation may approve an application under this subchapter for
an airport development project grant only if the
Secretary receives written assurances, satisfactory to the Secretary, that if an airport owner
or operator has received or will receive a grant
for acquiring land and—
(A) if the land was or will be acquired for a
noise compatibility purpose—
(i) the owner or operator will dispose of
the land at fair market value at the earliest
practicable time after the land no longer is
needed for a noise compatibility purpose;
(ii) the disposition will be subject to retaining or reserving an interest in the land
necessary to ensure that the land will be
used in a way that is compatible with noise
levels associated with operating the airport;
and
(iii) the part of the proceeds from disposing of the land that is proportional to the
Government’s share of the cost of acquiring
the land will be paid to the Secretary for deposit in the Airport and Airway Trust Fund
established under section 9502 of the Internal
Revenue Code of 1986 (26 U.S.C. 9502) or, as
the Secretary prescribes, reinvested in an
approved noise compatibility project, 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

§ 47107

(B) if the land was or will be acquired for an
airport purpose (except a noise compatibility
purpose)—
(i) the owner or operator, when the land no
longer is needed for an airport purpose, will
dispose of the land at fair market value or
make available to the Secretary an amount
equal to the Government’s proportional
share of the fair market value;
(ii) the disposition will be subject to retaining or reserving an interest in the land
necessary to ensure that the land will be
used in a way that is compatible with noise
levels associated with operating the airport;
and
(iii) the part of the proceeds from disposing of the land that is proportional to the
Government’s share of the cost of acquiring
the land will be reinvested, on application to
the Secretary, in another eligible airport development project the Secretary approves
under this subchapter or paid to the Secretary for deposit in the Fund if another eligible project does not exist.
(3) Proceeds referred to in paragraph (2)(A)(iii)
and (B)(iii) of this subsection and deposited in
the Airport and Airway Trust Fund are available as provided in subsection (f) of this section.
(d) ASSURANCES OF CONTINUATION AS PUBLICUSE AIRPORT.—The Secretary of Transportation
may approve an application under this subchapter for an airport development project
grant for a privately owned public-use airport
only if the Secretary receives appropriate assurances that the airport will continue to function
as a public-use airport during the economic life
(that must be at least 10 years) of any facility at
the airport that was developed with Government
financial assistance under this subchapter.
(e) WRITTEN ASSURANCES OF OPPORTUNITIES
FOR SMALL BUSINESS CONCERNS.—(1) The Secretary of Transportation may approve a project
grant application under this subchapter for an
airport development project only if the Secretary receives written assurances, satisfactory
to the Secretary, that the airport owner or operator will take necessary action to ensure, to the
maximum extent practicable, that at least 10
percent of all businesses at the airport selling
consumer products or providing consumer services to the public are small business concerns
(as defined by regulations of the Secretary)
owned and controlled by a socially and economically disadvantaged individual (as defined in
section 47113(a) of this title) or qualified HUBZone small business concerns (as defined in section 3(p) of the Small Business Act).
(2) An airport owner or operator may meet the
percentage goal of paragraph (1) of this subsection by including any business operated
through a management contract or subcontract.
The dollar amount of a management contract or
subcontract with a disadvantaged business enterprise shall be added to the total participation
by disadvantaged business enterprises in airport
concessions and to the base from which the airport’s percentage goal is calculated. The dollar
amount of a management contract or subcontract with a non-disadvantaged business enterprise and the gross revenue of business activities to which the management contract or subcontract pertains may not be added to this base.

§ 47107

TITLE 49—TRANSPORTATION

(3) Except as provided in paragraph (4) of this
subsection, an airport owner or operator may
meet the percentage goal of paragraph (1) of this
subsection by including the purchase from disadvantaged business enterprises of goods and
services used in businesses conducted at the airport, but the owner or operator and the businesses conducted at the airport shall make good
faith efforts to explore all available options to
achieve, to the maximum extent practicable,
compliance with the goal through direct ownership arrangements, including joint ventures and
franchises.
(4)(A) In complying with paragraph (1) of this
subsection, an airport owner or operator shall
include the revenues of car rental firms at the
airport in the base from which the percentage
goal in paragraph (1) is calculated.
(B) An airport owner or operator may require
a car rental firm to meet a requirement under
paragraph (1) of this subsection by purchasing or
leasing goods or services from a disadvantaged
business enterprise. If an owner or operator requires such a purchase or lease, a car rental firm
shall be permitted to meet the requirement by
including purchases or leases of vehicles from
any vendor that qualifies as a small business
concern owned and controlled by a socially and
economically disadvantaged individual or as a
qualified HUBZone small business concern (as
defined in section 3(p) of the Small Business
Act).
(C) This subsection does not require a car
rental firm to change its corporate structure to
provide for direct ownership arrangements to
meet the requirements of this subsection.
(5) This subsection does not preempt—
(A) a State or local law, regulation, or policy enacted by the governing body of an airport owner or operator; or
(B) the authority of a State or local government or airport owner or operator to adopt or
enforce a law, regulation, or policy related to
disadvantaged business enterprises.
(6) An airport owner or operator may provide
opportunities for a small business concern
owned and controlled by a socially and economically disadvantaged individual or a qualified
HUBZone small business concern (as defined in
section 3(p) of the Small Business Act) to participate through direct contractual agreement
with that concern.
(7) An air carrier that provides passenger or
property-carrying services or another business
that conducts aeronautical activities at an airport may not be included in the percentage goal
of paragraph (1) of this subsection for participation of small business concerns at the airport.
(8) Not later than April 29, 1993, the Secretary
of Transportation shall prescribe regulations to
carry out this subsection.
(f) AVAILABILITY OF AMOUNTS.—An amount deposited in the Airport and Airway Trust Fund
under—
(1) subsection (c)(2)(A)(iii) of this section is
available to the Secretary of Transportation
to make a grant for airport development or
airport planning under section 47104 of this
title;
(2) subsection (c)(2)(B)(iii) of this section is
available to the Secretary—

Page 1052

(A) to make a grant for a purpose described in section 47115(b) of this title; and
(B) for use under section 47114(d)(2) of this
title at another airport in the State in which
the land was disposed of under subsection
(c)(2)(B)(ii) of this section; and
(3) subsection (c)(2)(B)(iii) of this section is
in addition to an amount made available to
the Secretary under section 48103 of this title
and not subject to apportionment under section 47114 of this title.
(g) ENSURING COMPLIANCE.—(1) To ensure compliance with this section, the Secretary of
Transportation—
(A) shall prescribe requirements for sponsors
that the Secretary considers necessary; and
(B) may make a contract with a public agency.
(2) The Secretary of Transportation may approve an application for a project grant only if
the Secretary is satisfied that the requirements
prescribed under paragraph (1)(A) of this subsection have been or will be met.
(h) MODIFYING ASSURANCES AND REQUIRING
COMPLIANCE WITH ADDITIONAL ASSURANCES.—
(1) IN GENERAL.—Subject to paragraph (2),
before modifying an assurance required of a
person receiving a grant under this subchapter
and in effect after December 29, 1987, or to require compliance with an additional assurance
from the person, the Secretary of Transportation must—
(A) publish notice of the proposed modification in the Federal Register; and
(B) provide an opportunity for comment on
the proposal.
(2) PUBLIC NOTICE BEFORE WAIVER OF AERONAUTICAL LAND-USE ASSURANCE.—Before modifying an assurance under subsection (c)(2)(B)
that requires any property to be used for an
aeronautical purpose, the Secretary must provide notice to the public not less than 30 days
before making such modification.
(i) RELIEF FROM OBLIGATION TO PROVIDE FREE
SPACE.—When a sponsor provides a property interest in a land or water area or a building that
the Secretary of Transportation uses to construct a facility at Government expense, the
Secretary may relieve the sponsor from an obligation in a contract made under this chapter,
the Airport and Airway Development Act of
1970, or the Federal Airport Act to provide free
space to the Government in an airport building,
to the extent the Secretary finds that the free
space no longer is needed to carry out activities
related to air traffic control or navigation.
(j) USE OF REVENUE IN HAWAII.—(1) In this subsection—
(A) ‘‘duty-free merchandise’’ and ‘‘duty-free
sales enterprise’’ have the same meanings
given those terms in section 555(b)(8) of the
Tariff Act of 1930 (19 U.S.C. 1555(b)(8)).
(B) ‘‘highway’’ and ‘‘Federal-aid system’’
have the same meanings given those terms in
section 101(a) of title 23.
(2) Notwithstanding subsection (b)(1) of this
section, Hawaii may use, for a project for construction or reconstruction of a highway on a

Page 1053

TITLE 49—TRANSPORTATION

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 dutyfree merchandise under a contract between Hawaii and a duty-free sales enterprise. However,
the revenue resulting during a Hawaiian fiscal
year may be used only if the amount of the revenue, plus amounts Hawaii receives in the fiscal
year from all other sources for costs Hawaii incurs for operating all airports it operates and
for debt service related to capital projects for
the airports (including interest and amortization of principal costs), is more than 150 percent
of the projected costs for the fiscal year.
(3)(A) Revenue from sales referred to in paragraph (2) of this subsection in a Hawaiian fiscal
year that Hawaii may use may not be more than
the amount that is greater than 150 percent as
determined under paragraph (2).
(B) The maximum amount of revenue Hawaii
may use under paragraph (2) of this subsection is
$250,000,000.
(4) If a fee imposed or collected for rent, landing, or service from an aircraft operator by an
airport operated by Hawaii is increased during
the period from May 4, 1990, through December
31, 1994, by more than the percentage change in
the Consumer Price Index of All Urban Consumers for Honolulu, Hawaii, that the Secretary of
Labor publishes during that period and if revenue derived from the fee increases because the
fee increased, the amount under paragraph (3)(B)
of this subsection shall be reduced by the
amount of the projected revenue increase in the
period less the part of the increase attributable
to changes in the Index in the period.
(5) Hawaii shall determine costs, revenue, and
projected revenue increases referred to in this
subsection and shall submit the determinations
to the Secretary of Transportation. A determination is approved unless the Secretary disapproves it not later than 30 days after it is submitted.
(6) Hawaii is not eligible for a grant under section 47115 of this title in a fiscal year in which
Hawaii uses under paragraph (2) of this subsection revenue from sales referred to in paragraph (2). Hawaii shall repay amounts it receives in a fiscal year under a grant it is not eligible to receive because of this paragraph to the
Secretary of Transportation for deposit in the
discretionary fund established under section
47115.
(7)(A) This subsection applies only to revenue
from sales referred to in paragraph (2) of this
subsection from May 5, 1990, through December
30, 1994, and to amounts in the Airport Revenue
Fund of Hawaii that are attributable to revenue
before May 4, 1990, on sales referred to in paragraph (2).
(B) Revenue from sales referred to in paragraph (2) of this subsection from May 5, 1990,
through December 30, 1994, may be used under
paragraph (2) in any Hawaiian fiscal year, including a Hawaiian fiscal year beginning after
December 31, 1994.
(k) ANNUAL SUMMARIES OF FINANCIAL REPORTS.—The Secretary shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on

§ 47107

Transportation and Infrastructure of the House
of Representatives an annual summary of the
reports submitted to the Secretary under subsection (a)(19) of this section and under section
111(b) of the Federal Aviation Administration
Authorization Act of 1994.
(l) POLICIES AND PROCEDURES TO ENSURE ENFORCEMENT AGAINST ILLEGAL DIVERSION OF AIRPORT REVENUE.—
(1) IN GENERAL.—Not later than 90 days after
August 23, 1994, the Secretary of Transportation shall establish policies and procedures
that will assure the prompt and effective enforcement of subsections (a)(13) and (b) of this
section and grant assurances made under such
subsections. Such policies and procedures
shall recognize the exemption provision in
subsection (b)(2) of this section and shall respond to the information contained in the reports of the Inspector General of the Department of Transportation on airport revenue diversion and such other relevant information
as the Secretary may by law consider.
(2) REVENUE DIVERSION.—Policies and procedures to be established pursuant to paragraph
(1) of this subsection shall prohibit, at a minimum, the diversion of airport revenues (except
as authorized under subsection (b) of this section) through—
(A) direct payments or indirect payments,
other than payments reflecting the value of
services and facilities provided to the airport;
(B) use of airport revenues for general economic development, marketing, and promotional activities unrelated to airports or
airport systems;
(C) payments in lieu of taxes or other assessments that exceed the value of services
provided; or
(D) payments to compensate nonsponsoring governmental bodies for lost tax revenues exceeding stated tax rates.
(3) EFFORTS TO BE SELF-SUSTAINING.—With
respect to subsection (a)(13) of this section,
policies and procedures to be established pursuant to paragraph (1) of this subsection shall
take into account, at a minimum, whether
owners and operators of airports, when entering into new or revised agreements or otherwise establishing rates, charges, and fees, have
undertaken reasonable efforts to make their
particular airports as self-sustaining as possible under the circumstances existing at such
airports.
(4) ADMINISTRATIVE SAFEGUARDS.—Policies
and procedures to be established pursuant to
paragraph (1) shall mandate internal controls,
auditing requirements, and increased levels of
Department of Transportation personnel sufficient to respond fully and promptly to complaints received regarding possible violations
of subsections (a)(13) and (b) of this section
and grant assurances made under such subsections and to alert the Secretary to such
possible violations.
(5) STATUTE OF LIMITATIONS.—In addition to
the statute of limitations specified in subsection (n)(7), with respect to project grants
made under this chapter—
(A) any request by a sponsor or any other
governmental entity to any airport for addi-

§ 47107

TITLE 49—TRANSPORTATION

tional payments for services conducted off of
the airport or for reimbursement for capital
contributions or operating expenses shall be
filed not later than 6 years after the date on
which the expense is incurred; and
(B) any amount of airport funds that are
used to make a payment or reimbursement
as described in subparagraph (A) after the
date specified in that subparagraph shall be
considered to be an illegal diversion of airport revenues that is subject to subsection
(n).
(m) AUDIT CERTIFICATION.—
(1) IN GENERAL.—The Secretary of Transportation, acting through the Administrator of
the Federal Aviation Administration, shall include a provision in the compliance supplement provisions to require a recipient of a
project grant (or any other recipient of Federal financial assistance that is provided for
an airport) to include as part of an annual
audit conducted under sections 7501 through
7505 of title 31, a review concerning the funding activities with respect to an airport that is
the subject of the project grant (or other Federal financial assistance) and the sponsors,
owners, or operators (or other recipients) involved.
(2) CONTENT OF REVIEW.—A review conducted
under paragraph (1) shall provide reasonable
assurances that funds paid or transferred to
sponsors are paid or transferred in a manner
consistent with the applicable requirements of
this chapter and any other applicable provision of law (including regulations promulgated
by the Secretary or the Administrator).
OF
ILLEGALLY
DIVERTED
(n)
RECOVERY
FUNDS.—
(1) IN GENERAL.—Not later than 180 days
after the issuance of an audit or any other report that identifies an illegal diversion of airport revenues (as determined under subsections (b) and (l) and section 47133), the Secretary, acting through the Administrator,
shall—
(A) review the audit or report;
(B) perform appropriate factfinding; and
(C) conduct a hearing and render a final
determination concerning whether the illegal diversion of airport revenues asserted in
the audit or report occurred.

(2) NOTIFICATION.—Upon making such a finding, the Secretary, acting through the Administrator, shall provide written notification to
the sponsor and the airport of—
(A) the finding; and
(B) the obligations of the sponsor to reimburse the airport involved under this paragraph.
(3) ADMINISTRATIVE ACTION.—The Secretary
may withhold any amount from funds that
would otherwise be made available to the
sponsor, including funds that would otherwise
be made available to a State, municipality, or
political subdivision thereof (including any
multimodal transportation agency or transit
authority of which the sponsor is a member
entity) as part of an apportionment or grant
made available pursuant to this title, if the
sponsor—

Page 1054

(A) receives notification that the sponsor
is required to reimburse an airport; and
(B) has had an opportunity to reimburse
the airport, but has failed to do so.
(4) CIVIL ACTION.—If a sponsor fails to pay an
amount specified under paragraph (3) during
the 180-day period beginning on the date of notification and the Secretary is unable to withhold a sufficient amount under paragraph (3),
the Secretary, acting through the Administrator, may initiate a civil action under which
the sponsor shall be liable for civil penalty in
an amount equal to the illegal diversion in
question plus interest (as determined under
subsection (o)).
(5) DISPOSITION OF PENALTIES.—
(A) AMOUNTS WITHHELD.—The Secretary or
the Administrator shall transfer any
amounts withheld under paragraph (3) to the
Airport and Airway Trust Fund.
(B) CIVIL PENALTIES.—With respect to any
amount collected by a court in a civil action
under paragraph (4), the court shall cause to
be transferred to the Airport and Airway
Trust Fund any amount collected as a civil
penalty under paragraph (4).
(6) REIMBURSEMENT.—The Secretary, acting
through the Administrator, shall, as soon as
practicable after any amount is collected from
a sponsor under paragraph (4), cause to be
transferred from the Airport and Airway Trust
Fund to an airport affected by a diversion that
is the subject of a civil action under paragraph
(4), reimbursement in an amount equal to the
amount that has been collected from the sponsor under paragraph (4) (including any amount
of interest calculated under subsection (o)).
(7) STATUTE OF LIMITATIONS.—No person may
bring an action for the recovery of funds illegally diverted in violation of this section (as
determined under subsections (b) and (l)) or
section 47133 after the date that is 6 years
after the date on which the diversion occurred.
(o) INTEREST.—
(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary, acting through the
Administrator, shall charge a minimum annual rate of interest on the amount of any illegal diversion of revenues referred to in subsection (n) in an amount equal to the average
investment interest rate for tax and loan accounts of the Department of the Treasury (as
determined by the Secretary of the Treasury)
for the applicable calendar year, rounded to
the nearest whole percentage point.
(2) ADJUSTMENT OF INTEREST RATES.—If, with
respect to a calendar quarter, the average investment interest rate for tax and loan accounts of the Department of the Treasury exceeds the average investment interest rate for
the immediately preceding calendar quarter,
rounded to the nearest whole percentage
point, the Secretary of the Treasury may adjust the interest rate charged under this subsection in a manner that reflects that change.
(3) ACCRUAL.—Interest assessed under subsection (n) shall accrue from the date of the
actual illegal diversion of revenues referred to
in subsection (n).

Page 1055

§ 47107

TITLE 49—TRANSPORTATION

(4) DETERMINATION OF APPLICABLE RATE.—
The applicable rate of interest charged under
paragraph (1) shall—
(A) be the rate in effect on the date on
which interest begins to accrue under paragraph (3); and
(B) remain at a rate fixed under subparagraph (A) during the duration of the indebtedness.
(p) PAYMENT BY AIRPORT TO SPONSOR.—If, in
the course of an audit or other review conducted
under this section, the Secretary or the Administrator determines that an airport owes a sponsor funds as a result of activities conducted by
the sponsor or expenditures by the sponsor for
the benefit of the airport, interest on that
amount shall be determined in the same manner
as provided in paragraphs (1) through (4) of subsection (o), except that the amount of any interest assessed under this subsection shall be determined from the date on which the Secretary or
the Administrator makes that determination.
(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) COMPETITION DISCLOSURE REQUIREMENT.—
(1) IN GENERAL.—The Secretary of Transportation may approve an application under this
subchapter for an airport development project
grant for a large hub airport or a medium hub
airport only if the Secretary receives assurances that the airport sponsor will provide the
information required by paragraph (2) at such
time and in such form as the Secretary may
require.
(2) COMPETITIVE ACCESS.—On February 1 and
August 1 of each year, an airport that during
the previous 6-month period has been unable
to accommodate one or more requests by an
air carrier for access to gates or other facilities at that airport in order to provide service
to the airport or to expand service at the airport shall transmit a report to the Secretary
that—
(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) SUNSET PROVISION.—This subsection shall
cease to be effective beginning February 1,
2012.
(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.)
HISTORICAL AND REVISION NOTES
Revised
Section
47107(a) ......

Source (U.S. Code)
49 App.:2202(a)(6).

49 App.:2208(b)(1)(E)
(related to 49
App.:2210(a)
(1)–(11), (15), (16)).
49 App.:2210(a)(1)(A).

49 App.:2210(a)(1)(B),
(C), (2).
49 App.:2210(a)(3).

49 App.:2210(a)(4).

49 App.:2210(a)
(5)–(10).
49 App.:2210(a)(11).

49 App.:2210(a)(15).

49 App.:2210(a)(16).

47107(b)(1),
(2).

49 App.:2208(b)(1)(E)
(related to 49
App.:2210(a)(12)).

Source (Statutes at Large)
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.

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.
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.
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.
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.
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.
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

TITLE 49—TRANSPORTATION

HISTORICAL AND REVISION NOTES—CONTINUED
Revised
Section

Source (U.S. Code)
49 App.:2210(a)(12).

47107(b)(3) ..

49 App.:2210(d).

47107(c)(1),
(2).

49 App.:2202(a)(24).

49 App.:2208(b)(1)(E)
(related to 49
App.:2210(a)(13),
(14)).
49 App.:2210(a)(13).

49 App.:2210(a)(14).

47107(c)(3) ..
47107(d) ......

47107(e) ......

(no source).
49 App.:2204(b)(2).
49 App.:2208(b)(1)(E)
(related to 49
App.:2204(b)(2)).
49 App.:2208(b)(1)(E)
(related to 49
App.:2210(a)(17)).
49 App.:2210(a)(17).

49 App.:2210(h).

49 App.:2210 (note).
47107(f) .......

49 App.:2210(e).

47107(g)(1) ..

49 App.:2210(b) (1st,
2d sentences).
49 App.:2208(b)(1)(E)
(related to 49
App.:2210(b)).
49 App.:2210(f).

47107(g)(2) ..
47107(h) ......

47107(i) .......
47107(j)(1) ...

47107(j)(2) ...
47107(j)(3) ...
47107(j)(4) ...
47107(j)(5) ...
47107(j)(6) ...
47107(j)
(7)(A).
47107(j)
(7)(B).

49 App.:2210(b) (last
sentence).
49 App.:2210(g)(4)(B),
(D).

Source (Statutes at Large)
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.
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.
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.

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.
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.

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.
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.
Oct. 31, 1992, Pub. L. 102–581,
§ 117(d), 106 Stat. 4883.
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.

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.
Sept. 3, 1982, Pub. L. 97–248,
96 Stat. 324, § 511(g); added
May 4, 1990, Pub. L.
101–281, § 2, 104 Stat. 164.

49 App.:2210(g)(1),
(2)(B), (4)(A), (C).
49 App.:2210(g)(2)(C),
(D).
49 App.:2210(g)(2)(E).
49 App.:2210(g)(2)(F).
49 App.:2210(g)(2)(G).
49 App.:2210(g)(2)(A).
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

Page 1056

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 chap-

Page 1057

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TITLE 49—TRANSPORTATION

ter . . . 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 Safe-

ty 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.
REFERENCES IN TEXT
The Federal Airport Act, referred to in subsecs.
(a)(13)(B) and (i), is act May 13, 1946, ch. 251, 60 Stat. 170,
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.
AMENDMENTS
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.’’

§ 47107

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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).

Page 1058

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).
EFFECTIVE DATE OF 2011 AMENDMENT
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.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–329 effective Jan.
see section 5(j) of Pub. L. 111–329, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–249 effective Oct.
see section 5(l) of Pub. L. 111–249, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–216 effective Aug.
see section 104(j) of Pub. L. 111–216, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–197 effective July
see section 5(j) of Pub. L. 111–197, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–161 effective May
see section 5(j) of Pub. L. 111–161, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–153 effective Apr.
see section 5(j) of Pub. L. 111–153, set out as
under section 40117 of this title.

1, 2011,
a note
1, 2010,
a note
2, 2010,
a note
4, 2010,
a note
1, 2010,
a note
1, 2010,
a note

EFFECTIVE DATE OF 2009 AMENDMENT
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.
EFFECTIVE DATE OF 2008 AMENDMENT
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.
EFFECTIVE DATE OF 2003 AMENDMENTS
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.’’
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

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EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–135 effective Oct. 1, 1997,
see section 3 of Pub. L. 105–135, set out as a note under
section 631 of Title 15, Commerce and Trade.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years
beginning after Sept. 30, 1996, and not to be construed
as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264,
set out as a note under section 106 of this title.
CONSTRUCTION OF 2000 AMENDMENT
Pub. L. 106–181, title I, § 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.’’
DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF
TITLE 51
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.
DIVERSION OF AIRPORT REVENUES FOR CLAIMS
RELATED TO CERTAIN CEDED LANDS
Pub. L. 105–66, title III, § 340, Oct. 27, 1997, 111 Stat.
1448, provided that:
‘‘(a) FINDINGS.—The Congress finds that—
‘‘(1) Congress has the authority under article I, section 8 of the Constitution to regulate the air commerce of the United States;
‘‘(2) section 47107 of title 49, United States Code,
prohibits the diversion of certain revenue generated
by a public airport as a condition of receiving a
project grant;
‘‘(3) a grant recipient that uses airport revenues for
purposes that are not airport-related in a manner inconsistent with chapter 471 of title 49, United States
Code, illegally diverts airport revenues;
‘‘(4) illegal diversion of airport revenues undermines the interest of the United States in promoting
a strong national air transportation system;
‘‘(5) the policy of the United States that airports
should be as self-sustaining as possible and that revenues generated at airports should not be diverted
from airport purposes was stated by Congress in 1982
and reaffirmed and strengthened in 1987, 1994, and
1996;
‘‘(6) certain airports are constructed on lands that
may have belonged, at one time, to Native Americans, Native Hawaiians, or Alaska Natives;
‘‘(7) contrary to the prohibition against diverting
airport revenues from airport purposes under section
47107 of title 49, United States Code, certain payments from airport revenues may have been made for
the betterment of Native Americans, Native Hawaiians, or Alaska Natives based upon the claims related
to lands ceded to the United States;
‘‘(8) Federal law prohibits diversions of airport revenues obtained from any source whatsoever to occur
in the future whether related to claims for periods of
time prior to or after the date of enactment of this
Act [Oct. 27, 1997]; and
‘‘(9) because of the special circumstances surrounding such past diversions of airport revenues for the
betterment of Native Americans, Native Hawaiians,
or Alaska Natives, it is in the national interest that
amounts from airport revenues previously received
by any entity for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, as specified in subsection (b) of this section, should not be
subject to repayment.

‘‘(b) TERMINATION OF REPAYMENT RESPONSIBILITY.—
Notwithstanding the provisions of [section] 47107 of
title 49, United States Code, or any other provision of
law, monies paid for claims related to ceded lands and
diverted from airport revenues and received prior to
April 1, 1996, by any entity for the betterment of Native
Americans, Native Hawaiians, or Alaska Natives, shall
not be subject to repayment.
‘‘(c) PROHIBITION ON FURTHER DIVERSION.—There shall
be no further payment of airport revenues for claims
related to ceded lands, whether characterized as operating expenses, rent, or otherwise, and whether related
to claims for periods of time prior to or after the date
of enactment of this Act [Oct. 27, 1997].
‘‘(d) CLARIFICATION.—Nothing in this Act [see Tables
for classification] shall be construed to affect any existing Federal statutes, enactments, or trust obligations created thereunder, or any statute of the several
States that define the obligations of such States to Native Americans, Native Hawaiians, or Alaska Natives in
connection with ceded lands, except to make clear that
airport revenues may not be used to satisfy such obligations.’’
FINDINGS AND PURPOSE
Section 802 of title VIII of Pub. L. 104–264 provided
that:
‘‘(a) IN GENERAL.—Congress finds that—
‘‘(1) section 47107 of title 49, United States Code,
prohibits the diversion of certain revenue generated
by a public airport as a condition of receiving a
project grant;
‘‘(2) a grant recipient that uses airport revenue for
purposes that are not airport related in a manner inconsistent with chapter 471 of title 49, United States
Code, illegally diverts airport revenues;
‘‘(3) any diversion of airport revenues in violation
of the condition referred to in paragraph (1) undermines the interest of the United States in promoting
a strong national air transportation system that is
responsive to the needs of airport users;
‘‘(4) the Secretary and the Administrator have not
enforced airport revenue diversion rules adequately
and must have additional regulatory tools to increase
enforcement efforts; and
‘‘(5) sponsors who have been found to have illegally
diverted airport revenues—
‘‘(A) have not reimbursed or made restitution to
airports in a timely manner; and
‘‘(B) must be encouraged to do so.
‘‘(b) PURPOSE.—The purpose of this title [see Short
Title of 1996 Amendment note set out under section
40101 of this title] is to ensure that airport users are
not burdened with hidden taxation for unrelated municipal services and activities by—
‘‘(1) eliminating the ability of any State or political subdivision thereof that is a recipient of a project
grant to divert airport revenues for purposes that are
not related to an airport, in violation of section 47107
of title 49, United States Code;
‘‘(2) imposing financial reporting requirements that
are designed to identify instances of illegal diversions
referred to in paragraph (1);
‘‘(3) establishing a statute of limitations for airport
revenue diversion actions;
‘‘(4) clarifying limitations on revenue diversion
that are permitted under chapter 471 of title 49,
United States Code; and
‘‘(5) establishing clear penalties and enforcement
mechanisms for identifying and prosecuting airport
revenue diversion.’’
DEFINITIONS
Section 803 of title VIII of Pub. L. 104–264 provided
that: ‘‘For purposes of this title [see Short Title of 1996
Amendment note set out under section 40101 of this
title], the following definitions apply:
‘‘(1) ADMINISTRATOR.—The term ‘Administrator’
means the Administrator of the Federal Aviation Administration.

§ 47108

TITLE 49—TRANSPORTATION

‘‘(2) AIRPORT.—The term ‘airport’ has the meaning
provided that term in section 47102(2) of title 49,
United States Code.
‘‘(3) PROJECT GRANT.—The term ‘project grant’ has
the meaning provided that term in section 47102(14) of
title 49, United States Code.
‘‘(4) SECRETARY.—The term ‘Secretary’ means the
Secretary of Transportation.
‘‘(5) SPONSOR.—The term ‘sponsor’ has the meaning
provided that term in section 47102(19) of title 49,
United States Code.’’
REVISION OF POLICIES AND PROCEDURES; DEADLINES
Section 805(b)(1) of title VIII of Pub. L. 104–264 provided that: ‘‘Not later than 90 days after the date of the
enactment of this Act [Oct. 9, 1996], the Secretary, acting through the Administrator, shall revise the policies
and procedures established under section 47107(l) of
title 49, United States Code, to take into account the
amendments made to that section by this title.’’
FORMAT FOR REPORTING
Section 111(b) of Pub. L. 103–305 provided that: ‘‘Within 180 days after the date of the enactment of this Act
[Aug. 23, 1994], the Secretary [of Transportation] shall
prescribe a uniform simplified format for reporting
that is applicable to airports. Such format shall be designed to enable the public to understand readily how
funds are collected and spent at airports, and to provide sufficient information relating to total revenues,
operating expenditures, capital expenditures, debt service payments, contributions to restricted funds, accounts, or reserves required by financing agreements or
covenants or airport lease or use agreements or covenants. Such format shall require each commercial
service airport to report the amount of any revenue
surplus, the amount of concession-generated revenue,
and other information as required by the Secretary.’’

§ 47108. Project grant agreements
(a) OFFER AND ACCEPTANCE.—On approving a
project grant application under this subchapter,
the Secretary of Transportation shall offer the
sponsor a grant to pay the United States Government’s share of the project costs allowable
under section 47110 of this title. The Secretary
may impose terms on the offer that the Secretary considers necessary to carry out this subchapter and regulations prescribed under this
subchapter. An offer shall state the obligations
to be assumed by the sponsor and the maximum
amount the Government will pay for the project
from the amounts authorized under chapter 481
of this title (except sections 48102(e), 48106, 48107,
and 48110). At the request of the sponsor, an
offer of a grant for a project that will not be
completed in one fiscal year shall provide for
the obligation of amounts apportioned or to be
apportioned to a sponsor under section 47114(c)
or 47114(d)(3)(A) of this title for the fiscal years
necessary to pay the Government’s share of the
cost of the project. An offer that is accepted in
writing by the sponsor is an agreement binding
on the Government and the sponsor. The Government may pay or be obligated to pay a
project cost only after a grant agreement for the
project is signed.
(b) INCREASING GOVERNMENT’S SHARE UNDER
THIS SUBCHAPTER OR CHAPTER 475.—(1) When an
offer has been accepted in writing, the amount
stated in the offer as the maximum amount the
Government will pay may be increased only as
provided in paragraphs (2) and (3) of this subsection.

Page 1060

(2)(A) For a project receiving assistance under
a grant approved under the Airport and Airway
Improvement Act of 1982 before October 1, 1987,
the amount may be increased by not more
than—
(i) 10 percent for an airport development
project, except a project for acquiring an interest in land; and
(ii) 50 percent of the total increase in allowable project costs attributable to acquiring an
interest in land, based on current creditable
appraisals.
(B) An increase under subparagraph (A) of this
paragraph may be paid only from amounts the
Government recovers from other grants made
under this subchapter.
(3) For a project receiving assistance under a
grant approved under the Act, this subchapter,
or chapter 475 of this title after September 30,
1987, the amount may be increased—
(A) for an airport development project, by
not more than 15 percent; and
(B) for a grant after September 30, 1992, to
acquire an interest in land for an airport (except a primary airport), by not more than the
greater of the following, based on current
creditable appraisals or a court award in a
condemnation proceeding:
(i) 15 percent; or
(ii) 25 percent of the total increase in allowable project costs attributable to acquiring an interest in land.
(c) INCREASING GOVERNMENT’S SHARE UNDER
AIRPORT AND AIRWAY DEVELOPMENT ACT OF
1970.—For a project receiving assistance under a
grant made under the Airport and Airway Development Act of 1970, the maximum amount the
Government will pay may be increased by not
more than 10 percent. An increase under this
subsection may be paid only from amounts the
Government recovers from other grants made
under the Act.
(d) CHANGING WORKSCOPE.—With the consent of
the sponsor, the Secretary may amend a grant
agreement made under this subchapter to
change the workscope of a project financed
under the grant if the amendment does not result in an increase in the maximum amount the
Government may pay under subsection (b) of
this section.
(e) CHANGE IN AIRPORT STATUS.—
(1)
CHANGES
TO
NONPRIMARY
AIRPORT
STATUS.—If the status of a primary airport
changes to a nonprimary airport at a time
when a development project under a multiyear
agreement under subsection (a) is not yet
completed, the project shall remain eligible
for funding from discretionary funds under
section 47115 at the funding level and under
the terms provided by the agreement, subject
to the availability of funds.
(2) CHANGES TO NONCOMMERCIAL SERVICE AIRPORT STATUS.—If the status of a commercial
service airport changes to a noncommercial
service airport at a time when a terminal development project under a phased-funding arrangement is not yet completed, the project
shall remain eligible for funding from discretionary funds under section 47115 at the funding level and under the terms provided by the

Page 1061

arrangement subject to the availability of
funds.
(3) CHANGES TO NONHUB PRIMARY STATUS.—If
the status of a nonhub primary airport
changes to a small hub primary airport at a
time when the airport has received discretionary funds under this chapter for a terminal development project in accordance with
section 47110(d)(2), and the project is not yet
completed, the project shall remain eligible
for funding from the discretionary fund and
the small airport fund to pay costs allowable
under section 47110(d). Such project shall remain eligible for such funds for three fiscal
years after the start of construction of the
project, or if the Secretary determines that a
further extension of eligibility is justified,
until the project is completed.
(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.)
HISTORICAL AND REVISION NOTES
Revised
Section

§ 47109

TITLE 49—TRANSPORTATION

Source (U.S. Code)

47108(a) ......

49 App.:2211(a).

47108(b) ......

49 App.:2211(b).

47108(c) ......
47108(d) ......

49 App.:2211(c).
49 App.:2211(d).

Source (Statutes at Large)
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.
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.
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.
REFERENCES IN TEXT
The Airport and Airway Improvement Act of 1982, referred to in subsec. (b)(2)(A), (3), is title V of Pub. L.
97–248, Sept. 3, 1982, 96 Stat. 671, as amended, which was
classified principally to chapter 31 (§ 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.
AMENDMENTS
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).
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
LAND ACQUISITION COSTS
Pub. L. 107–71, title I, § 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.]

§ 47109. United States Government’s share of
project costs
(a) GENERAL.—Except as provided in subsection (b) or subsection (c) of this section, the
United States Government’s share of allowable
project costs is—
(1) 75 percent for a project at a primary airport having at least .25 percent of the total
number of passenger boardings each year at
all commercial service airports;

§ 47109

TITLE 49—TRANSPORTATION

(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) INCREASED GOVERNMENT SHARE.—If, under
subsection (a) of this section, the Government’s
share of allowable costs of a project in a State
containing unappropriated and unreserved public lands and nontaxable Indian lands (individual
and tribal) of more than 5 percent of the total
area of all lands in the State, is less than the
share applied on June 30, 1975, under section
17(b) of the Airport and Airway Development
Act of 1970, the Government’s share under subsection (a) of this section shall be increased by
the lesser of—
(1) 25 percent;
(2) one-half of the percentage that the area
of unappropriated and unreserved public lands
and nontaxable Indian lands in the State is of
the total area of the State; or
(3) the percentage necessary to increase the
Government’s share to the percentage that applied on June 30, 1975, under section 17(b) of
the Act.
(c) GRANDFATHER RULE.—
(1) IN GENERAL.—In the case of any project
approved after September 30, 2003, at a small
hub airport or nonhub airport that is located
in a State containing unappropriated and unreserved public lands and nontaxable Indian
lands (individual and tribal) of more than 5
percent of the total area of all lands in the
State, the Government’s share of allowable
costs of the project shall be increased by the
same ratio as the basic share of allowable
costs of a project divided into the increased
(Public Lands States) share of allowable costs
of a project as shown on documents of the Federal Aviation Administration dated August 3,
1979, at airports for which the general share
was 80 percent on August 3, 1979. This subsection shall apply only if—
(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) LIMITATION.—The Government’s share of
allowable project costs determined under this
subsection shall not exceed the lesser of 93.75
percent or the highest percentage Government
share applicable to any project in any State
under subsection (b).
(d) SPECIAL RULE FOR PRIVATELY OWNED REAIRPORTS.—If a privately owned reliever

LIEVER
1 See

References in Text note below.

Page 1062

airport contributes any lands, easements, or
rights-of-way to carry out a project under this
subchapter, the current fair market value of
such lands, easements, or rights-of-way shall be
credited toward the non-Federal share of allowable project costs.
(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.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47109(a) ......

49 App.:2209(a), (b).

47109(b) ......
47109(c) ......

49 App.:2209(c).
49 App.:2212(b)(5).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 510, 96 Stat. 685.
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.
REFERENCES IN TEXT
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.

Page 1063

TITLE 49—TRANSPORTATION
AMENDMENTS

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) LIMITATION.—Notwithstanding subsections (a) and (b) of this section, the
Government’s share of project costs allowable under
section 47110(d) of this title may not be more than 75
percent, except that the Government’s share shall be 85
percent for a project at a commercial service airport
that does not have more than .05 percent of the total
annual passenger boardings in the United States.’’
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years
beginning after Sept. 30, 1996, and not to be construed
as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264,
set out as a note under section 106 of this title.
TEMPORARY INCREASE IN GOVERNMENT SHARE OF
CERTAIN AIP PROJECT COSTS
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

§ 47110

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.]

§ 47110. Allowable project costs
(a) GENERAL AUTHORITY.—Except as provided
in section 47111 of this title, the United States
Government may pay or be obligated to pay,
from amounts appropriated to carry out this
subchapter, a cost incurred in carrying out a
project under this subchapter only if the Secretary of Transportation decides the cost is allowable.
(b) ALLOWABLE COST STANDARDS.—A project
cost is allowable—
(1) if the cost necessarily is incurred in carrying out the project in compliance with the
grant agreement made for the project under
this subchapter, including any cost a sponsor
incurs related to an audit the Secretary requires under section 47121(b) or (d) of this title
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
1 So

in original. Probably should be ‘‘compatibility’’.
References in Text note below.

2 See

§ 47110

TITLE 49—TRANSPORTATION

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) CERTAIN PRIOR COSTS AS ALLOWABLE
COSTS.—The Secretary may decide that a
project cost under subsection (b)(2)(A) of this
section incurred after May 13, 1946, and before
the date the grant agreement is executed is allowable if it is—
(1) necessarily incurred in formulating an
airport development project, including costs
incurred for field surveys, plans and specifications, property interests in land or airspace,
and administration or other incidental items
that would not have been incurred except for
the project; or
(2) necessarily and directly incurred in developing the work scope of an airport planning
project.
(d) TERMINAL DEVELOPMENT COSTS.—(1) The
Secretary may decide that the cost of terminal
development (including multi-modal terminal
development) in a nonrevenue-producing publicuse area of a commercial service airport is allowable for an airport development project at
the airport—
(A) if the sponsor certifies that the airport,
on the date the grant application is submitted
to the Secretary, has—
(i) all the safety equipment required for
certification of the airport under section
44706 of this title;
(ii) all the security equipment required by
regulation; and
(iii) provided for access, to the area of the
airport for passengers for boarding or exiting aircraft, to those passengers boarding or
exiting aircraft, except air carrier aircraft;
(B) if the cost is directly related to moving
passengers and baggage in air commerce within the airport, including vehicles for moving
passengers between terminal facilities and between terminal facilities and aircraft; and
(C) under terms necessary to protect the interests of the Government.
(2) In making a decision under paragraph (1) of
this subsection, the Secretary may approve as
allowable costs the expenses of terminal development in a revenue-producing area and construction, reconstruction, repair, and improvement in a nonrevenue-producing parking lot if—
(A) 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) LETTERS OF INTENT.—(1) The Secretary
may issue a letter of intent to the sponsor stating an intention to obligate from future budget
authority an amount, not more than the Government’s share of allowable project costs, for
an airport development project (including costs
of formulating the project) at a primary or re-

Page 1064

liever airport. The letter shall establish a schedule under which the Secretary will reimburse
the sponsor for the Government’s share of allowable project costs, as amounts become available,
if the sponsor, after the Secretary issues the letter, carries out the project without receiving
amounts under this subchapter.
(2) Paragraph (1) of this subsection applies to
a project—
(A) about which the sponsor notifies the Secretary, before the project begins, of the sponsor’s intent to carry out the project;
(B) that will comply with all statutory and
administrative requirements that would apply
to the project if it were carried out with
amounts made available under this subchapter; and
(C) that meets the criteria of section 47115(d)
and, if for a project at a commercial service
airport having at least 0.25 percent of the
boardings each year at all such airports, the
Secretary decides will enhance system-wide
airport capacity significantly.
(3) A letter of intent issued under paragraph
(1) of this subsection is not an obligation of the
Government under section 1501 of title 31, and
the letter is not deemed to be an administrative
commitment for financing. An obligation or administrative commitment may be made only as
amounts are provided in authorization and appropriation laws.
(4) The total estimated amount of future Government obligations covered by all outstanding
letters of intent under paragraph (1) of this subsection may not be more than the amount authorized to carry out section 48103 of this title,
less an amount reasonably estimated by the
Secretary to be needed for grants under section
48103 that are not covered by a letter.
(5) LETTERS OF INTENT.—The Secretary may
not require an eligible agency to impose a passenger facility fee under section 40117 in order to
obtain a letter of intent under this section.
(6) LIMITATION ON STATUTORY CONSTRUCTION.—
Nothing in this section shall be construed to
prohibit the obligation of amounts pursuant to a
letter of intent under this subsection in the
same fiscal year as the letter of intent is issued.
(f) NONALLOWABLE COSTS.—Except as provided
in subsection (d) of this section and section
47118(f) of this title, a cost is not an allowable
airport development project cost if it is for—
(1) constructing a public parking facility for
passenger automobiles;
(2) constructing, altering, or repairing part
of an airport building, except to the extent the
building will be used for facilities or activities
directly related to the safety of individuals at
the airport;
(3) decorative landscaping; or
(4) providing or installing sculpture or art
works.
(g) USE OF DISCRETIONARY FUNDS.—A project
for which cost reimbursement is provided under
subsection (b)(2)(C) shall not receive priority
consideration with respect to the use of discretionary funds made available under section 47115
of this title even if the amounts made available
under paragraphs (1) and (2) of section 47114(c) or
section 47114(d)(3)(A) are not sufficient to cover

Page 1065

the Government’s share of the cost of the
project.
(h) NONPRIMARY AIRPORTS.—The Secretary
may decide that the costs of revenue producing
aeronautical support facilities, including fuel
farms and hangars, are allowable for an airport
development project at a nonprimary airport if
the Government’s share of such costs is paid
only with funds apportioned to the airport sponsor under section 47114(d)(3)(A) and if the Secretary determines that the sponsor has made
adequate provision for financing airside needs of
the airport.
(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.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47110(a) ......

49 App.:2212(a) (1st,
last sentences).

47110(b) ......

49 App.:2212(a) (2d
sentence cls. (1),
(2) (words before
period), (3), (4)).
49 App.:2212(a) (2d
sentence cl. (2)
(words after period)).
49 App.:2212(b)(1),
(6).

47110(c) ......

47110(d) ......

§ 47110

TITLE 49—TRANSPORTATION

47110(e) ......

49 App.:2212(d).

47110(f) .......

49 App.:2212(c).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 513(a), 96 Stat. 689; Aug.
4, 1989, Pub. L. 101–71, § 3,
103 Stat. 181.

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.
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.
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 allow-

able project cost only so much of such project cost as
the Secretary determines to be reasonable’’ to eliminate unnecessary words.
Subsection (b)(5) is substituted for ‘‘except that in no
event may the Secretary allow project costs in excess
of the definite amount stated in the grant agreement
except to the extent authorized by section 2211(b) of
this Appendix’’ for consistency in this section.
In subsection (c), before clause (1), the words ‘‘The
Secretary may decide that a project cost . . . is allowable’’ are substituted for ‘‘However, the allowable costs
of a project . . . may include . . . and the allowable
costs of a project . . . may include’’ for clarity and consistency in the revised title. The words ‘‘incurred after
May 13, 1946, and before the date the grant agreement
is executed’’ are substituted for ‘‘which were incurred
prior to the execution of the grant agreement and subsequent to May 13, 1946’’ and ‘‘which were incurred subsequent to May 13, 1946’’ to eliminate unnecessary
words. In clause (1), the words ‘‘preparation of’’, ‘‘acquisition of’’, ‘‘by the sponsor specifically in connection with the accomplishment of the project for airport
development’’ are omitted as surplus. The words ‘‘property interests in land or airspace’’ are substituted for
‘‘land or interests therein or easements through or
other interests in airspace’’ to eliminate unnecessary
words.
In subsection (d)(1), before clause (A), the words ‘‘The
Secretary may decide that the cost . . . is allowable’’
are substituted for ‘‘the Secretary may approve, as allowable project costs’’ and ‘‘The Secretary shall approve project costs allowable under paragraph (1) of
this subsection’’ for clarity and consistency in this section. In clause (B), the words ‘‘the boundaries of’’ are
omitted as surplus. In clause (C), the words ‘‘and conditions’’ are omitted as being included in ‘‘terms’’.
In subsection (d)(2), the words ‘‘In making a decision
under paragraph (1) of this subsection, the Secretary
may approve as allowable costs’’ are substituted for ‘‘In
the case of a commercial service airport . . . the Secretary may approve, under the preceding sentence as
allowable project costs’’ for consistency in this subsection.
In subsection (e)(1), the word ‘‘sponsor’’ is substituted
for ‘‘applicant’’ for consistency. The words ‘‘stipulated
as’’ and ‘‘Subject to the provisions of this paragraph’’
are omitted as surplus. The word ‘‘reimburse’’ is substituted for ‘‘make payments under paragraph (2) of
this subsection’’ and ‘‘pay’’ for clarity. The words ‘‘payable on account of such project in accordance with such
letter of intent’’ are omitted as surplus.
In subsection (e)(2), before clause (A), the text of 49
App.:2212(d)(1)(C) (last sentence) is omitted as obsolete.
In subsection (e)(3), the words ‘‘A letter of intent issued’’ are substituted for ‘‘action’’ for clarity. The
word ‘‘deemed’’ before ‘‘an obligation’’ is omitted as
surplus.
In subsection (f)(2), the words ‘‘of a hangar or’’ are
omitted as being included in ‘‘airport building’’.
PUB. L. 103–429
The source credits for all of subsection (b) are included for clarity though only subsection (b)(2) is affected by the amendment. The source credits for
49:47110(c) are included to correct a mistake on p. 405 of
H. R. Rept. 103–180 (103d Cong., 1st Sess., July 15, 1993).
Revised
Section
47110(b) ......

47110(c) ......

Source (U.S. Code)

Source (Statutes at Large)

49 App.:2212(a) (2d
sentence cls. (1),
(2)(A) (words before period), (B),
(3), (4)).
49 App.:2212(a) (2d
sentence cl. (2)(A)
(words after period).

Sept. 3, 1982, Pub. L. 97–248,
§ 513(a) (2d sentence), as
amended May 26, 1994,
Pub. L. 103–260, § 106, 108
Stat. 699.

In subsection (b)(2)(C)(ii), the words ‘‘before the cost
is incurred’’ are added for clarity.

§ 47110

TITLE 49—TRANSPORTATION
REFERENCES IN TEXT

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.
AMENDMENTS
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).
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of

Page 1066

Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years
beginning after Sept. 30, 1996, and not to be construed
as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264,
set out as a note under section 106 of this title.
LETTERS OF INTENT FOR AIRPORT SECURITY
IMPROVEMENT PROJECTS
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.’’
LETTERS OF INTENT; DURATION OF AUTHORITY AND
APPROVAL BY CONGRESS
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]:

Page 1067

§ 47111

TITLE 49—TRANSPORTATION

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.

§ 47111. Payments under project grant agreements
(a) GENERAL AUTHORITY.—After making a
project grant agreement under this subchapter
and consulting with the sponsor, the Secretary
of Transportation may decide when and in what
amounts payments under the agreement will be
made. Payments totaling not more than 90 percent of the United States Government’s share of
the project’s estimated allowable costs may be
made before the project is completed if the sponsor certifies to the Secretary that the total
amount expended from the advance payments at
any time will not be more than the cost of the
airport development work completed on the
project at that time.
(b) RECOVERING PAYMENTS.—If the Secretary
determines that the total amount of payments
made under a grant agreement under this subchapter is more than the Government’s share of
the total allowable project costs, the Government may recover the excess amount. If the Secretary finds that a project for which an advance
payment was made has not been completed
within a reasonable time, the Government may
recover any part of the advance payment for
which the Government received no benefit.
(c) PAYMENT DEPOSITS.—A payment under a
project grant agreement under this subchapter
may be made only to an official or depository
designated by the sponsor and authorized by law
to receive public money.
(d) WITHHOLDING PAYMENTS.—(1) The Secretary may withhold a payment under a grant
agreement under this subchapter for more than
180 days after the payment is due only if the
Secretary—
(A) notifies the sponsor and provides an opportunity for a hearing; and
(B) finds that the sponsor has violated the
agreement.
(2) The 180-day period may be extended by—
(A) agreement of the Secretary and the
sponsor; or
(B) the hearing officer if the officer decides
an extension is necessary because the sponsor
did not follow the schedule the officer established.
(3) A person adversely affected by an order of
the Secretary withholding a payment may apply
for review of the order by filing a petition in the
United States Court of Appeals for the District
of Columbia Circuit or in the court of appeals of

the United States for the circuit in which the
project is located. The petition must be filed not
later than 60 days after the order is served on
the petitioner.
(e) ACTION ON GRANT ASSURANCES CONCERNING
AIRPORT REVENUES.—If, after notice and opportunity for a hearing, the Secretary finds a violation of section 47107(b) of this title, as further
defined by the Secretary under section 47107(l) of
this title, or a violation of an assurance made
under section 47107(b) of this title, and the Secretary has provided an opportunity for the airport sponsor to take corrective action to cure
such violation, and such corrective action has
not been taken within the period of time set by
the Secretary, the Secretary shall withhold approval of any new grant application for funds
under this chapter, or any proposed modification to an existing grant that would increase the
amount of funds made available under this chapter to the airport sponsor, and withhold approval of any new application to impose a fee
under section 40117 of this title. Such applications may thereafter be approved only upon a
finding by the Secretary that such corrective
action as the Secretary requires has been taken
to address the violation and that the violation
no longer exists.
(f) JUDICIAL ENFORCEMENT.—For any violation
of this chapter or any grant assurance made
under this chapter, the Secretary may apply to
the district court of the United States for any
district in which the violation occurred for enforcement. Such court shall have jurisdiction to
enforce obedience thereto by a writ of injunction or other process, mandatory or otherwise,
restraining any person from further violation.
(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.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

Source (Statutes at Large)

47111(a) ......

49 App.:2213 (1st, 2d
sentences).
49 App.:2213 (3d, 4th
sentences).
49 App.:2213 (last
sentence).
49 App.:2218(b) (related to payment).

Sept. 3, 1982, Pub. L. 97–248,
§ 514, 96 Stat. 691.

47111(b) ......
47111(c) ......
47111(d) ......

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.

§ 47112

TITLE 49—TRANSPORTATION

In subsection (d)(2)(A), the word ‘‘mutual’’ is omitted
as surplus.
In subsection (d)(3), the words ‘‘adversely affected’’
are substituted for ‘‘aggrieved’’ for consistency in the
revised title and with other titles of the United States
Code. The words ‘‘the date on which’’ are omitted as
surplus.
AMENDMENTS
1994—Subsecs. (e), (f). Pub. L. 103–305 added subsecs.
(e) and (f).

§ 47112. Carrying
projects

out

airport

development

(a) CONSTRUCTION WORK.—The Secretary of
Transportation may inspect and approve construction work for an airport development
project carried out under a grant agreement
under this subchapter. The construction work
must be carried out in compliance with regulations the Secretary prescribes. The regulations
shall require the sponsor to make necessary cost
and progress reports on the project. The regulations may amend or modify a contract related
to the project only if the contract was made
with actual notice of the regulations.
(b) PREVAILING WAGES.—A contract for more
than $2,000 involving labor for an airport development project carried out under a grant agreement under this subchapter must require contractors to pay labor minimum wage rates as determined by the Secretary of Labor under sections 3141–3144, 3146, and 3147 of title 40. The
minimum rates must be included in the bids for
the work and in the invitation for those bids.
(c) VETERANS’ PREFERENCE.—(1) In this subsection—
(A) ‘‘disabled veteran’’ has the same meaning given that term in section 2108 of title 5.
(B) ‘‘Vietnam-era veteran’’ means an individual who served on active duty (as defined in
section 101 of title 38) in the armed forces for
more than 180 consecutive days, any part of
which occurred after August 4, 1964, and before
May 8, 1975, and who was separated from the
armed forces under honorable conditions.
(2) A contract involving labor for carrying out
an airport development project under a grant
agreement under this subchapter must require
that preference in the employment of labor (except in executive, administrative, and supervisory positions) be given to Vietnam-era veterans and disabled veterans when they are available and qualified for the employment.
(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.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47112(a) ......

49 App.:2214(a).

47112(b) ......
47112(c) ......

49 App.:2214(b).
49 App.:2214(c).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 515, 96 Stat. 691.

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

Page 1068

for airport development approved under this chapter’’
in 49 App.:2214(b), and ‘‘under project grants for airport
development approved under this chapter’’ in 49
App.:2214(c) for clarity and consistency in this section.
See H.R. Rept. No. 97–760, 97th Cong., 2d Sess., p. 715
(1982).
In subsection (a), the words ‘‘or sponsors’’ are omitted because of 1:1.
In subsection (b), the words ‘‘must require contractors to pay labor minimum wage rates’’ are substituted
for ‘‘shall contain provisions establishing minimum
rates of wages . . . which contractors shall pay to
skilled and unskilled labor’’ to eliminate unnecessary
words. The word ‘‘proposals’’ is omitted as included in
‘‘bids’’.
Subsection (c)(1)(A) is substituted for ‘‘a disabled veteran is an individual described in section 2108(2) of title
5’’ for consistency in the revised title and with other
titles of the Code.
In subsection (c)(1)(B), the words ‘‘after August 4,
1964, and before May 8, 1975’’ are substituted for ‘‘during
the period beginning August 5, 1964, and ending May 7,
1975’’ for consistency in the revised title and with other
titles of the United States Code and to eliminate unnecessary words.
In subsection (c)(2), the words ‘‘must require that’’
are substituted for ‘‘shall contain such provisions as
are necessary to insure that’’, and the words ‘‘when
they are available and qualified for the employment’’
are substituted for ‘‘However, this preference shall
apply only where the individuals are available and
qualified to perform the work to which the employment relates’’, to eliminate unnecessary words.
AMENDMENTS
2002—Subsec. (b). Pub. L. 107–217 substituted ‘‘sections 3141–3144, 3146, and 3147 of title 40’’ for ‘‘the Act of
March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C.
276a—276a–5)’’.

§ 47113. Minority and disadvantaged business
participation
(a) DEFINITIONS.—In this section—
(1) ‘‘small business concern’’—
(A) has the same meaning given that term
in section 3 of the Small Business Act (15
U.S.C. 632); but
(B) does not include a concern, or group of
concerns controlled by the same socially and
economically disadvantaged individual, that
has average annual gross receipts over the
prior 3 fiscal years of more than $16,015,000,
as adjusted by the Secretary of Transportation for inflation;
(2) ‘‘socially and economically disadvantaged individual’’ has the same meaning given
that term in section 8(d) of the Act (15 U.S.C.
637(d)) and relevant subcontracting regulations prescribed under section 8(d), except that
women are presumed to be socially and economically disadvantaged; and
(3) the term ‘‘qualified HUBZone small business concern’’ has the meaning given that
term in section 3(p) of the Small Business Act
(15 U.S.C. 632(o) 1).
(b) GENERAL REQUIREMENT.—Except to the extent the Secretary decides otherwise, at least 10
percent of amounts available in a fiscal year
under section 48103 of this title shall be expended with small business concerns owned and
controlled by socially and economically disadvantaged individuals or qualified HUBZone
small business concerns.
1 So

in original. Probably should be ‘‘632(p)’’.

Page 1069

TITLE 49—TRANSPORTATION

(c) UNIFORM CRITERIA.—The Secretary shall establish minimum uniform criteria for State governments and airport sponsors to use in certifying whether a small business concern qualifies
under this section. The criteria shall include onsite visits, personal interviews, licenses, analyses of stock ownership and bonding capacity,
listings of equipment and work completed, resumes of principal owners, financial capacity,
and type of work preferred.
(d) SURVEYS AND LISTS.—Each State or airport
sponsor annually shall survey and compile a list
of small business concerns referred to in subsection (b) of this section and the location of
each concern in the State.
(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.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47113(a) ......

47113(b) ......
47113(c) ......
47113(d) ......

49 App.:2204(d)(2).

Source (Statutes at Large)
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.

49 App.:2204(d)(1).
49 App.:2204(d)(4).
49 App.:2204(d)(3).

In subsection (a)(1)(B), the words ‘‘or individuals’’ are
omitted because of 1:1.
In subsection (a)(2), the reference is to section 8(c) of
the Act because 15:637(d) was redesignated as 15:637(c)
by section 3 of the Women’s Business Development Act
of 1991 (Public Law 102–191, 105 Stat. 1591).
In subsection (b), the words ‘‘beginning after September 30, 1987’’ are omitted as obsolete.
PUB. L. 103–429
This amends 49:47113(a)(2) to correct erroneous crossreferences.
AMENDMENTS
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))’’.
EFFECTIVE DATE OF 1997 AMENDMENT
Amendment by Pub. L. 105–135 effective Oct. 1, 1997,
see section 3 of Pub. L. 105–135, set out as a note under
section 631 of Title 15, Commerce and Trade.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.

§ 47114. Apportionments
(a) DEFINITION.—In this section, ‘‘amount subject to apportionment’’ means the amount
newly made available under section 48103 of this
title for a fiscal year.
(b) APPORTIONMENT DATE.—On the first day of
each fiscal year, the Secretary of Transpor-

§ 47114

tation shall apportion the amount subject to apportionment for that fiscal year as provided in
this section.
(c) AMOUNTS APPORTIONED TO SPONSORS.—
(1) PRIMARY AIRPORTS.—
(A) APPORTIONMENT.—The Secretary shall
apportion to the sponsor of each primary
airport for each fiscal year an amount equal
to—
(i) $7.80 for each of the first 50,000 passenger boardings at the airport during the
prior calendar year;
(ii) $5.20 for each of the next 50,000 passenger boardings at the airport during the
prior calendar year;
(iii) $2.60 for each of the next 400,000 passenger boardings at the airport during the
prior calendar year;
(iv) $.65 for each of the next 500,000 passenger boardings at the airport during the
prior calendar year; and
(v) $.50 for each additional passenger
boarding at the airport during the prior
calendar year.
(B) MINIMUM AND MAXIMUM APPORTIONMENTS.—Not less than $650,000 nor more than
$22,000,000 may be apportioned under subparagraph (A) of this paragraph to an airport
sponsor for a primary airport for each fiscal
year.
(C) SPECIAL RULE.—In any fiscal year in
which the total amount made available
under section 48103 is $3,200,000,000 or more—
(i) the amount to be apportioned to a
sponsor under subparagraph (A) shall be
increased by doubling the amount that
would otherwise be apportioned;
(ii) the minimum apportionment to a
sponsor under subparagraph (B) shall be
$1,000,000 rather than $650,000; and
(iii) the maximum apportionment to a
sponsor under subparagraph (B) shall be
$26,000,000 rather than $22,000,000.
(D) NEW AIRPORTS.—Notwithstanding subparagraph (A), the Secretary shall apportion
on the first day of the first fiscal year following the official opening of a new airport
with scheduled passenger air transportation
an amount equal to the minimum amount
set forth in subparagraph (B) or (C), as appropriate, to the sponsor of such airport.
(E) USE OF PREVIOUS FISCAL YEAR’S APPORTIONMENT.—Notwithstanding
subparagraph
(A), the Secretary may apportion to an airport sponsor in a fiscal year an amount
equal to the amount apportioned to that
sponsor in the previous fiscal year if the
Secretary finds that—
(i) passenger boardings at the airport fell
below 10,000 in the calendar year used to
calculate the apportionment;
(ii) the airport had at least 10,000 passenger boardings in the calendar year prior
to the calendar year used to calculate apportionments to airport sponsors in a fiscal year; and
(iii) the cause of the shortfall in passenger boardings was a temporary but significant interruption in service by an air
carrier to that airport due to an employ-

§ 47114

TITLE 49—TRANSPORTATION

ment action, natural disaster, or other
event unrelated to the demand for air
transportation at the affected airport.
(F) SPECIAL RULE FOR FISCAL YEARS 2004 AND
2005.—Notwithstanding subparagraph (A) and
the absence of scheduled passenger aircraft
service at an airport, the Secretary may apportion in fiscal years 2004 and 2005 to the
sponsor of the airport an amount equal to
the amount apportioned to that sponsor in
fiscal year 2002 or 2003, whichever amount is
greater, if the Secretary finds that—
(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) SPECIAL RULE FOR FISCAL YEAR 2006.—
Notwithstanding subparagraph (A) and the
absence of scheduled passenger aircraft service at an airport, the Secretary may apportion in fiscal year 2006 to the sponsor of the
airport an amount equal to $500,000, if the
Secretary finds that—
(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) CARGO AIRPORTS.—
(A) APPORTIONMENT.—Subject to subparagraph (D), the Secretary shall apportion an
amount equal to 3.5 percent of the amount
subject to apportionment each fiscal year to
the sponsors of airports served by aircraft providing air transportation of only cargo with a
total annual landed weight of more than
100,000,000 pounds.
(B) SUBALLOCATION FORMULA.—Any funds apportioned under subparagraph (A) to sponsors
of airports described in subparagraph (A) shall
be allocated among those airports in the proportion that the total annual landed weight of
aircraft described in subparagraph (A) landing
at each of those airports bears to the total annual landed weight of those aircraft landing at
all those airports.
(C) LIMITATION.—In any fiscal year in which
the total amount made available under section
48103 is less than $3,200,000,000, not more than
8 percent of the amount apportioned under
subparagraph (A) may be apportioned for any
one airport.
(D) DISTRIBUTION TO OTHER AIRPORTS.—Before apportioning amounts to the sponsors of
airports under subparagraph (A) for a fiscal
year, the Secretary may set-aside a portion of
such amounts for distribution to the sponsors
of other airports, selected by the Secretary,

Page 1070

that the Secretary finds will be served primarily by aircraft providing air transportation of only cargo.
(E) DETERMINATION OF LANDED WEIGHT.—
Landed weight under this paragraph is the
landed weight of aircraft landing at each airport described in subparagraph (A) during the
prior calendar year.
(d) AMOUNTS APPORTIONED FOR GENERAL AVIAAIRPORTS.—
(1) DEFINITIONS.—In this subsection, the following definitions apply:
(A) AREA.—The term ‘‘area’’ includes land
and water.
(B) POPULATION.—The term ‘‘population’’
means the population stated in the latest decennial census of the United States.

TION

(2) APPORTIONMENT.—Except as provided in
paragraph (3), the Secretary shall apportion to
the States 18.5 percent of the amount subject
to apportionment for each fiscal year as follows:
(A) 0.66 percent of the apportioned amount
to Guam, American Samoa, the Northern
Mariana Islands, and the Virgin Islands.
(B) Except as provided in paragraph (4),
49.67 percent of the apportioned amount for
airports, excluding primary airports but including reliever and nonprimary commercial
service airports, in States not named in subparagraph (A) in the proportion that the
population of each of those States bears to
the total population of all of those States.
(C) Except as provided in paragraph (4),
49.67 percent of the apportioned amount for
airports, excluding primary airports but including reliever and nonprimary commercial
service airports, in States not named in subparagraph (A) in the proportion that the
area of each of those States bears to the
total area of all of those States.
(3) SPECIAL RULE.—In any fiscal year in
which the total amount made available under
section 48103 is $3,200,000,000 or more, rather
than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the amount subject to apportionment
for each fiscal year as follows:
(A) To each airport, excluding primary airports but including reliever and nonprimary
commercial service airports, in States the
lesser of—
(i) $150,000; or
(ii) 1⁄5 of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the
national plan of integrated airport systems developed by the Federal Aviation
Administration under section 47103.
(B) Any remaining amount to States as
follows:
(i) 0.62 percent of the remaining amount
to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands,
and the Virgin Islands.
(ii) Except as provided in paragraph (4),
49.69 percent of the remaining amount for
airports, excluding primary airports but
including reliever and nonprimary com-

Page 1071

§ 47114

TITLE 49—TRANSPORTATION

mercial service airports, in States not
named in clause (i) in the proportion that
the population of each of those States
bears to the total population of all of those
States.
(iii) Except as provided in paragraph (4),
49.69 percent of the remaining amount for
airports, excluding primary airports but
including reliever and nonprimary commercial service airports, in States not
named in clause (i) in the proportion that
the area of each of those States bears to
the total area of all of those States.
(4) AIRPORTS IN ALASKA, PUERTO RICO, AND
HAWAII.—An amount apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or Hawaii for airports in such State may be made
available by the Secretary for any public airport in those respective jurisdictions.
(5) USE OF STATE HIGHWAY SPECIFICATIONS.—
(A) IN GENERAL.—The Secretary may permit the use of State highway specifications
for airfield pavement construction using
funds made available under this subsection
at nonprimary airports with runways of 5,000
feet or shorter serving aircraft that do not
exceed 60,000 pounds gross weight if the Secretary determines that—
(i) safety will not be negatively affected;
and
(ii) the life of the pavement will not be
shorter than it would be if constructed
using Administration standards.
(B) LIMITATION.—An airport may not seek
funds under this subchapter for runway rehabilitation or reconstruction of any such
airfield pavement constructed using State
highway specifications for a period of 10
years after construction is completed unless
the Secretary determines that the rehabilitation or reconstruction is required for safety reasons.
(6) INTEGRATED AIRPORT SYSTEM PLANNING.—
Notwithstanding any other provision of this
subsection, funds made available under this
subsection may be used for integrated airport
system planning that encompasses one or
more primary airports.
(e) SUPPLEMENTAL APPORTIONMENT FOR ALASKA.—

(1)
IN
GENERAL.—Notwithstanding
subsections (c) and (d) of this section, the Secretary may apportion amounts for airports in
Alaska in the way in which amounts were apportioned in the fiscal year ending September
30, 1980, under section 15(a) of the Act. However, in apportioning amounts for a fiscal year
under this subsection, the Secretary shall apportion—
(A) for each primary airport at least as
much as would be apportioned for the airport under subsection (c)(1) of this section;
and
(B) a total amount at least equal to the
minimum amount required to be apportioned to airports in Alaska in the fiscal
year ending September 30, 1980, under section 15(a)(3)(A) of the Act.
(2) AUTHORITY FOR DISCRETIONARY GRANTS.—
This subsection does not prohibit the Sec-

retary from making project grants for airports
in Alaska from the discretionary fund under
section 47115 of this title.
(3) AIRPORTS ELIGIBLE FOR FUNDS.—An
amount apportioned under this subsection
may be used for any public airport in Alaska.
(4) SPECIAL RULE.—In any fiscal year in
which the total amount made available under
section 48103 is $3,200,000,000 or more, the
amount that may be apportioned for airports
in Alaska under paragraph (1) shall be increased by doubling the amount that would
otherwise be apportioned.
(f) REDUCING APPORTIONMENTS.—
(1) IN GENERAL.—Subject to paragraph (3), an
amount that would be apportioned under this
section (except subsection (c)(2)) in a fiscal
year to the sponsor of an airport having at
least .25 percent of the total number of boardings each year in the United States and for
which a fee is imposed in the fiscal year under
section 40117 of this title shall be reduced by
an amount equal to—
(A) in the case of a fee of $3.00 or less, 50
percent of the projected revenues from the
fee in the fiscal year but not by more than
50 percent of the amount that otherwise
would be apportioned under this section; and
(B) in the case of a fee of more than $3.00,
75 percent of the projected revenues from the
fee in the fiscal year but not by more than
75 percent of the amount that otherwise
would be apportioned under this section.
(2) EFFECTIVE DATE OF REDUCTION.—A reduction in an apportionment required by paragraph (1) shall not take effect until the first
fiscal year following the year in which the collection of the fee imposed under section 40117
is begun.
(3) SPECIAL
PORTS.—

RULE

FOR

TRANSITIONING

AIR-

(A) IN GENERAL.—Beginning with the fiscal
year following the first calendar year in
which the sponsor of an airport has more
than .25 percent of the total number of
boardings in the United States, the sum of
the amount that would be apportioned under
this section after application of paragraph
(1) in a fiscal year to such sponsor and the
projected revenues to be derived from the fee
in such fiscal year shall not be less than the
sum of the apportionment to such airport for
the preceding fiscal year and the revenues
derived from such fee in the preceding fiscal
year.
(B) EFFECTIVE PERIOD.—Subparagraph (A)
shall be in effect for fiscal year 2004.
(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.)

§ 47114

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES
PUB. L. 103–272

Revised
Section
47114(a), (b)

47114(c)
(1)(A).

Source (U.S. Code)
49 App.:2206(a)
(words before cl.
(1)).

47114(c)
(1)(B).

49 App.:2206(b)(1).

47114(c)(2) ..

49 App.:2206(a)(2),
(b)(4), (e)(2).
49 App.:2206(b)(2),
(3).
49 App.:2206(f).
49 App.:2206(a)(3).
49 App.:2206(b)(6).
49 App.:2206(b)
(5)(A)–(C), (E), (F).
49 App.:2206(b)(7).

47114(d)(1) ..
47114(d)(2) ..
47114(d)(3) ..
47114(e) ......
47114(f) .......

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.

49 App.:2206(a)(1).
49 App.:2206(e)(1).

47114(c)(3) ..

Source (Statutes at Large)

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.
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.

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 sub-

Page 1072

stituted for ‘‘The maximum reduction in an apportionment to a sponsor of an airport as a result of this paragraph in a fiscal year shall be’’ to eliminate unnecessary words.
PUB. L. 103–429
Revision notes for 49:47114(c)(3)(A) are included to reflect changes made for clarity and to correct an error
in the codification enacted by section 1 of the Act of
July 5, 1994 (Public Law 103–272, 108 Stat. 1269).
Revised
Section

Source (U.S. Code)

47114(c)
(1)(B).

49 App.:2206(b)(1).

47114(c)
(3)(B).

49 App.:2206(b)(3).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 507(b)(1),
as
amended
May 26, 1994, Pub. L.
103–260, § 103, 108 Stat. 698.
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.
REFERENCES IN TEXT
Section 15(a) of the Airport and Airway Development
Act of 1970, referred to in subsec. (e)(1), is section 15(a)
of Pub. L. 91–258, which was classified to section 1715(a)
of former Title 49, Transportation, prior to repeal by
Pub. L. 97–248, title V, § 523(a), Sept. 3, 1982, 96 Stat. 695.
AMENDMENTS
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
‘‘ONLY’’ after ‘‘CARGO’’ in heading.
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
‘‘AIRPORTS’’ for ‘‘AIRORTS’’ in heading.
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

Page 1073

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TITLE 49—TRANSPORTATION

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).
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years
beginning after Sept. 30, 1996, and not to be construed
as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264,
set out as a note under section 106 of this title.
Section 125 of title I of Pub. L. 104–264, which provided that the amendments made by subtitle B
(§§ 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.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 6(66)(B) of Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set
out as a note under section 321 of this title.
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.
APPORTIONED FUNDS
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.]

§ 47115. Discretionary fund
(a) EXISTENCE AND AMOUNTS IN FUND.—The
Secretary of Transportation has a discretionary
fund. The fund consists of—
(1) amounts subject to apportionment for a
fiscal year that are not apportioned under section 47114(c)–(e) of this title; and

§ 47115

TITLE 49—TRANSPORTATION

(2) 12.5 percent of amounts not apportioned
under section 47114 of this title because of section 47114(f).
(b) AVAILABILITY OF AMOUNTS.—Subject to subsection (c) of this section and section 47117(e) of
this title, the fund is available for making
grants for any purpose for which amounts are
made available under section 48103 of this title
that the Secretary considers most appropriate
to carry out this subchapter.
(c) MINIMUM PERCENTAGE FOR PRIMARY AND
RELIEVER AIRPORTS.—At least 75 percent of the
amount in the fund and distributed by the Secretary in a fiscal year shall be used for making
grants—
(1) to preserve and enhance capacity, safety,
and security at primary and reliever airports;
and
(2) to carry out airport noise compatibility
planning and programs at primary and reliever airports.
(d) CONSIDERATIONS.—
(1) FOR CAPACITY ENHANCEMENT PROJECTS.—
In selecting a project for a grant to preserve
and improve capacity funded in whole or in
part from the fund, the Secretary shall consider—
(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 nonUnited 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) FOR ALL PROJECTS.—In selecting a project
for a grant under this section, the Secretary
shall consider among other factors whether—
(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) WAIVING PERCENTAGE REQUIREMENT.—If the
Secretary decides the Secretary cannot comply
with the percentage requirement of subsection

Page 1074

(c) of this section in a fiscal year because there
are insufficient qualified grant applications to
meet that percentage, the amount the Secretary
determines will not be distributed as required by
subsection (c) is available for obligation during
the fiscal year without regard to the requirement.
(f) CONSIDERATION OF DIVERSION OF REVENUES
IN AWARDING DISCRETIONARY GRANTS.—
(1) GENERAL RULE.—Subject to paragraph (2),
in deciding whether or not to distribute funds
to an airport from the discretionary funds established by subsection (a) of this section and
section 47116 of this title, the Secretary shall
consider as a factor militating against the distribution of such funds to the airport the fact
that the airport is using revenues generated
by the airport or by local taxes on aviation
fuel for purposes other than capital or operating costs of the airport or the local airports
system or other local facilities which are
owned or operated by the owner or operator of
the airport and directly and substantially related to the actual air transportation of passengers or property.
(2) REQUIRED FINDING.—Paragraph (1) shall
apply only when the Secretary finds that the
amount of revenues used by the airport for
purposes other than capital or operating costs
in the airport’s fiscal year preceding the date
of the application for discretionary funds exceeds the amount of such revenues in the airport’s first fiscal year ending after August 23,
1994, adjusted by the Secretary for changes in
the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.
(g) MINIMUM AMOUNT TO BE CREDITED.—
(1) GENERAL RULE.—In a fiscal year, there
shall be credited to the fund, out of amounts
made available under section 48103 of this
title, an amount that is at least equal to the
sum of—
(A) $148,000,000; plus
(B) the total amount required from the
fund to carry out in the fiscal year letters of
intent issued before January 1, 1996, under
section 47110(e) of this title or the Airport
and Airway Improvement Act of 1982.
The amount credited is exclusive of amounts
that have been apportioned in a prior fiscal
year under section 47114 of this title and that
remain available for obligation.
(2) REDUCTION OF APPORTIONMENTS.—In a fiscal year in which the amount credited under
subsection (a) is less than the minimum
amount to be credited under paragraph (1), the
total amount calculated under paragraph (3)
shall be reduced by an amount that, when
credited to the fund, together with the amount
credited under subsection (a), equals such minimum amount.
(3) AMOUNT OF REDUCTION.—For a fiscal year,
the total amount available to make a reduction to carry out paragraph (2) is the total of
the amounts determined under sections
47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e)
of this title. Each amount shall be reduced by
an equal percentage to achieve the reduction.
(h) PRIORITY FOR LETTERS OF INTENT.—In making grants in a fiscal year with funds made

Page 1075

available under this section, the Secretary shall
fulfill intentions to obligate under section
47110(e).
(i) CONSIDERATIONS FOR PROJECT UNDER EXPANDED SECURITY ELIGIBILITY.—In order to assure that funding under this subchapter is provided to the greatest needs, the Secretary, in selecting a project described in section 47102(3)(J) 1
for a grant, shall consider the non-federal 2 resources available to sponsor, the use of such
non-federal 2 resources, and the degree to which
the sponsor is providing increased funding for
the project.
(j) MARSHALL ISLANDS, MICRONESIA, AND
PALAU.—For fiscal years 2004 through 2011, and
for the portion of fiscal year 2012 ending before
February 1, 2012, the sponsors of airports located
in the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of
Palau shall be eligible for grants under this section and section 47116.
(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.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47115(a) ......

49 App.:2206(c)(1)
(1st, 2d sentences).

47115(b) ......

49 App.:2206(c)(1)
(3d, last sentences).
49 App.:2206(c)(2).
49 App.:2206(c)(3).
49 App.:2206(c)(4).

47115(c) ......
47115(d) ......
47115(e) ......

Source (Statutes at Large)
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.

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
1 See
2 So

§ 47115

TITLE 49—TRANSPORTATION

References in Text note below.
in original. Probably should be ‘‘non-Federal’’.

‘‘which are made available for a fiscal year under section 2204 of this Appendix’’ and ‘‘which have not been
previously apportioned by the Secretary’’ for consistency with section 47114 of the revised title.
In subsection (c), before clause (1), the words ‘‘Subject to section 2207(d) of this Appendix and paragraph
(4) of this subsection’’ and ‘‘pursuant to paragraph (1)
and distributed by the Secretary under this subsection
in a fiscal year beginning after September 30, 1987’’ are
omitted as surplus.
In subsection (d), before clause (1), the words ‘‘at airports’’ are omitted as surplus. In clause (3), the words
‘‘airport operator or other’’ are omitted as surplus.
In subsection (e), the words ‘‘submitted in compliance with this chapter’’ and ‘‘portion of’’ are omitted
as surplus.
PUB. L. 103–429
Revised
Section
47115(f) .......

Source (U.S. Code)
49 App.:2206(c)(5).

49 App.:2206 (note).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 507(c)(5), as added May
26, 1994, Pub. L. 103–260,
§ 104(a), 108 Stat. 698.
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.
PUB. L. 104–287, § 5(81)(A)
This sets out the date of enactment of 49:47115(f), as
enacted by section 112(d) of the Federal Aviation Administration Authorization Act of 1994 (Public Law
103–305, 108 Stat. 1576).
PUB. L. 104–287, § 5(81)(B)
This redesignates 49:47115(f), as enacted by section
6(67) of the Act of October 31, 1994 (Public Law 103–429,
108 Stat. 4386), as 49:47115(g).
REFERENCES IN TEXT
The Airport and Airway Improvement Act of 1982, referred to in subsec. (g)(1)(B), is title V of Pub. L. 97–248,
Sept. 3, 1982, 96 Stat. 671, 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.
AMENDMENTS
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,’’.

§ 47115

TITLE 49—TRANSPORTATION

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) MINIMUM AMOUNT TO BE CREDITED.—(1) In a fiscal
year, at least $325,000,000 of the amount made available
under section 48103 of this title shall be credited to the
fund. The amount credited is exclusive of amounts that
have been apportioned in a prior fiscal year under section 47114 of this title and that remain available for obligation.
‘‘(2) In a fiscal year in which the amount credited
under subsection (a) of this section is less than
$325,000,000, the total amount calculated under paragraph (3) of this subsection shall be reduced by an
amount that, when credited to the fund, together with

Page 1076

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.
EFFECTIVE DATE OF 2011 AMENDMENT
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.
EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–329 effective Jan.
see section 5(j) of Pub. L. 111–329, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–249 effective Oct.
see section 5(l) of Pub. L. 111–249, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–216 effective Aug.
see section 104(j) of Pub. L. 111–216, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–197 effective July
see section 5(j) of Pub. L. 111–197, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–161 effective May
see section 5(j) of Pub. L. 111–161, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–153 effective Apr.
see section 5(j) of Pub. L. 111–153, set out as
under section 40117 of this title.

1, 2011,
a note
1, 2010,
a note
2, 2010,
a note
4, 2010,
a note
1, 2010,
a note
1, 2010,
a note

EFFECTIVE DATE OF 2009 AMENDMENT
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.
EFFECTIVE DATE OF 2008 AMENDMENT
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.
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 5(81)(B) of Pub. L. 104–287 effective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287,
set out as a note under section 47117 of this title.

Page 1077

§ 47117

TITLE 49—TRANSPORTATION

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.

§ 47116. Small airport fund
(a) EXISTENCE AND AMOUNTS IN FUND.—The
Secretary of Transportation has a small airport
fund. The fund consists of 87.5 percent of
amounts not apportioned under section 47114 of
this title because of section 47114(f).
(b) DISTRIBUTION OF AMOUNTS.—The Secretary
may distribute amounts in the fund in each fiscal year for any purpose for which amounts are
made available under section 48103 of this title
as follows:
(1) one-seventh for grants for projects at
small hub airports; and
(2) the remaining amounts based on the following:
(A) one-third for grants to sponsors of public-use airports (except commercial service
airports).
(B) two-thirds for grants to sponsors of
each commercial service airport that each
year has less than .05 percent of the total
boardings in the United States in that year.
(c) AUTHORITY TO RECEIVE GRANT NOT DEPENDENT ON PARTICIPATION IN BLOCK GRANT PILOT
PROGRAM.—An airport in a State participating
in the State block grant pilot program under
section 47128 of this title may receive a grant
under this section to the same extent the airport may receive a grant if the State were not
participating in the program.
(d) PRIORITY CONSIDERATION FOR CERTAIN
PROJECTS.—
(1) CONSTRUCTION OF NEW RUNWAYS.—In making grants to sponsors described in subsection
(b)(2), the Secretary shall give priority consideration to multi-year projects for construction
of new runways that the Secretary finds are
cost beneficial and would increase capacity in
a region of the United States.
(2) AIRPORT DEVELOPMENT FOR TURBINE POWERED AIRCRAFT.—In making grants to sponsors
described in subsection (b)(1), the Secretary
shall give priority consideration to airport development projects to support operations by
turbine powered aircraft if the non-Federal
share of the project is at least 40 percent.
(e) SET-ASIDE FOR MEETING SAFETY TERMS IN
AIRPORT OPERATING CERTIFICATES.—In the first
fiscal year beginning after the effective date of
regulations issued to carry out section 44706(b)
with respect to airports described in section
44706(a)(2), and in each of the next 4 fiscal years,
the lesser of $15,000,000 or 20 percent of the
amounts that would otherwise be distributed to
sponsors of airports under subsection (b)(2) shall
be used to assist the airports in meeting the
terms established by the regulations. If the Secretary publishes in the Federal Register a finding that all the terms established by the regulations have been met, this subsection shall cease
to be effective as of the date of such publication.
(f) NOTIFICATION OF SOURCE OF GRANT.—Whenever the Secretary makes a grant under this sec-

tion, the Secretary shall notify the recipient of
the grant, in writing, that the source of the
grant is from the small airport fund.
(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.)
HISTORICAL AND REVISION NOTES
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).
49 App.:2206(d)(4).

47116(c) ......

In subsection (a), the words ‘‘The Secretary of Transportation has a small airport fund’’ are added for clarity.
In subsection (b), before clause (1), the words ‘‘under
this subsection’’ are omitted as surplus. In clauses (1)
and (2), the words ‘‘used’’ and ‘‘making’’ are omitted as
surplus.
In subsection (c), the word ‘‘pilot’’ is added for consistency with section 47128 of the revised title.
AMENDMENTS
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).
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years
beginning after Sept. 30, 1996, and not to be construed
as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264,
set out as a note under section 106 of this title.

§ 47117. Use of apportioned amounts
(a) GRANT PURPOSE.—Except as provided in
this section, an amount apportioned under section 47114(c)(1) or (d)(2) of this title is available
for making grants for any purpose for which
amounts are made available under section 48103
of this title.

§ 47117

TITLE 49—TRANSPORTATION

(b) PERIOD OF AVAILABILITY.—An amount apportioned under section 47114 of this title is
available to be obligated for grants under the
apportionment only during the fiscal year for
which the amount was apportioned and the 2 fiscal years immediately after that year or the 3
fiscal years immediately following that year in
the case of a nonhub airport or any airport that
is not a commercial service airport. If the
amount is not obligated under the apportionment within that time, it shall be added to the
discretionary fund.
(c) PRIMARY AIRPORTS.—(1) An amount apportioned to a sponsor of a primary airport under
section 47114(c)(1) of this title is available for
grants for any public-use airport of the sponsor
included in the national plan of integrated airport systems.
(2) WAIVER.—A sponsor of an airport may
make an agreement with the Secretary of
Transportation waiving the sponsor’s claim to
any part of the amount apportioned for the airport under sections 47114(c) and 47114(d)(3)(A) if
the Secretary agrees to make the waived
amount available for a grant for another publicuse airport in the same State or geographical
area as the airport, as determined by the Secretary.
(d) STATE USE.—An amount apportioned to a
State under—
(1) section 47114(d)(2)(A) of this title is available for grants for airports located in the
State; and
(2) section 47114(d)(2)(B) or (C) of this title is
available for grants for airports described in
section 47114(d)(2)(B) or (C) and located in the
State.
(e) SPECIAL APPORTIONMENT CATEGORIES.—(1)
The Secretary shall use amounts available to
the discretionary fund under section 47115 of this
title for each fiscal year as follows:
(A) At least 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
1 So

in original. Probably should be capitalized.

Page 1078

such grants to the sponsor of the airport does
not exceed $30,000 in that fiscal year, if the
Secretary determines that the airport is adversely affected by the closure or realignment
of a military base, and if the sponsor of the
airport certifies that the airport would otherwise close if the airport does not receive the
grant.
(C) In any fiscal year in which the total
amount made available under section 48103 is
$3,200,000,000 or more, at least two-thirds of 1
percent for grants to sponsors of reliever airports which have—
(i) more than 75,000 annual operations;
(ii) a runway with a minimum usable landing distance of 5,000 feet;
(iii) a precision instrument landing procedure;
(iv) a minimum number of aircraft, to be
determined by the Secretary, based at the
airport; and
(v) been designated by the Secretary as a
reliever airport to an airport with 20,000
hours of annual delays in commercial passenger aircraft takeoffs and landings.
(2) If the Secretary decides that an amount required to be used for grants under paragraph (1)
of this subsection cannot be used for a fiscal
year because there are insufficient qualified
grant applications, the amount the Secretary
determines cannot be used is available during
the fiscal year for grants for other airports or
for other purposes for which amounts are authorized for grants under section 48103 of this
title.
(3) PRIORITY.—The Secretary shall give priority in making grants under paragraph (1)(A) to
applications for airport noise compatibility
planning and programs at and around—
(A) Chicago O’Hare International Airport;
(B) LaGuardia Airport;
(C) John F. Kennedy International Airport;
and
(D) Ronald Reagan Washington National
Airport.
(f) DISCRETIONARY USE OF APPORTIONMENTS.—
(1) IN GENERAL.—Subject to paragraph (2), if
the Secretary finds that all or part of an
amount of an apportionment under section
47114 is not required during a fiscal year to
fund a grant for which the apportionment may
be used, the Secretary may use during such
fiscal year the amount not so required to
make grants for any purpose for which grants
may be made under section 48103. The finding
may be based on the notifications that the
Secretary receives under section 47105(f) or on
other information received from airport sponsors.
(2) RESTORATION OF APPORTIONMENTS.—
(A) IN GENERAL.—If the fiscal year for
which a finding is made under paragraph (1)
with respect to an apportionment is not the
last fiscal year of availability of the apportionment under subsection (b), the Secretary
shall restore to the apportionment an
amount equal to the amount of the apportionment used under paragraph (1) for a discretionary grant whenever a sufficient
amount is made available under section
48103.

Page 1079

TITLE 49—TRANSPORTATION

(B) PERIOD OF AVAILABILITY.—If restoration under this paragraph is made in the fiscal year for which the finding is made or the
succeeding fiscal year, the amount restored
shall be subject to the original period of
availability of the apportionment under subsection (b). If the restoration is made thereafter, the amount restored shall remain
available in accordance with subsection (b)
for the original period of availability of the
apportionment plus the number of fiscal
years during which a sufficient amount was
not available for the restoration.
(3) NEWLY AVAILABLE AMOUNTS.—
(A) RESTORED AMOUNTS TO BE UNAVAILABLE
FOR DISCRETIONARY GRANTS.—Of an amount
newly available under section 48103 of this
title, an amount equal to the amounts restored under paragraph (2) shall not be available for discretionary grant obligations
under section 47115.
(B) USE OF REMAINING AMOUNTS.—Subparagraph (A) does not impair the Secretary’s
authority under paragraph (1), after a restoration under paragraph (2), to apply all or
part of a restored amount that is not required to fund a grant under an apportionment to fund discretionary grants.
(4) LIMITATIONS ON OBLIGATIONS APPLY.—
Nothing in this subsection shall be construed
to authorize the Secretary to incur grant obligations under section 47104 for a fiscal year in
an amount greater than the amount made
available under section 48103 for such obligations for such fiscal year.
(g) LIMITING AUTHORITY OF SECRETARY.—The
authority of the Secretary to make grants during a fiscal year from amounts that were apportioned for a prior fiscal year and remain available for approved airport development project
grants under subsection (b) of this section may
be impaired only by a law enacted after September 3, 1982, that expressly limits that authority.
(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.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section
47117(a) ......

Source (U.S. Code)
49 App.:2207(b)(1)
(related to purposes for which
funds may be
used).
49 App.:2207(c) (1st
sentence related
to purposes for
which funds are
available).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§§ 506(e)(4), 508(b), 96 Stat.
679, 681.
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

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47117(b) ......

49 App.:2207(a).

47117(c)(1) ..

49 App.:2207(b)(1)
(related to airports at which
funds may be
used).
49 App.:2207(b)(2).
49 App.:2207(c) (1st
sentence related
to airports at
which funds are
available, last
sentence).
49 App.:2202(a)(11).

47117(c)(2) ..
47117(d) ......

47117(e) ......

49 App.:2207(d).

47117(f) .......

49 App.:2206(b)(5)(D).

47117(g) ......

49 App.:2207(e)(1).

49 App.:2207(e)(2).

47117(h) ......

Source (Statutes at Large)
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.

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.
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.
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.
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.
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.

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

§ 47117

TITLE 49—TRANSPORTATION

which amounts are’’ are added for clarity and consistency in this chapter.
Subsection (f) is substituted for 49 App.:2206(b)(5)(D)
for clarity and consistency in the revised title.
In subsection (g)(1), the words ‘‘and (3)’’ are omitted
because 49 App.:2207(e)(3) has expired. The words ‘‘at his
discretion’’ are omitted as surplus.
In subsection (g)(2)(A), the words ‘‘made available’’
are substituted for ‘‘authorized’’ for clarity.
In subsection (h), the words ‘‘to make grants’’ are
substituted for ‘‘to obligate to an airport by grant
agreement’’ for consistency in the revised title and to
eliminate unnecessary words. The words ‘‘the unobligated balance of’’ are omitted as surplus. The words
‘‘limits that authority’’ are substituted for ‘‘limits the
application of this paragraph’’ for clarity. The words
‘‘in addition to the amounts authorized for that fiscal
year by section 2204 of this Appendix’’ are omitted as
surplus.
PUB. L. 103–429
Revised
Section
47117(e) ......

Source (U.S. Code)
49 App.:2207(d).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 508(d), as amended May
26, 1994, Pub. L. 103–260,
§ 105, 108 Stat. 699.

PUB. L. 104–287, § 5(82)(A)
This amends 49:47117(e)(1)(B) because of the redesignation of 49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and
(D) by section 6(71)(C) of the Act of October 31, 1994
(Public Law 103–429, 108 Stat. 4387).
PUB. L. 104–287, § 5(82)(B)
This amends 49:47117(g)(1) because of the redesignation of 49:47105(e) as 49:47105(f) by section 107(a)(1) of the
Federal Aviation Administration Authorization Act of
1994 (Public Law 103–305, 108 Stat. 1572).
REFERENCES IN TEXT
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.
AMENDMENTS
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).

Page 1080

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) DISCRETIONARY USE OF APPORTIONMENTS.—(1)
Subject to paragraph (2) of this subsection, if the Secretary finds, based on the notices the Secretary receives under section 47105(f) of this title or otherwise,
that an amount apportioned under section 47114 of this
title will not be used for grants during a fiscal year, the
Secretary may use an equal amount for grants during
that fiscal year for any of the purposes for which
amounts are authorized for grants under section 48103
of this title.
‘‘(2) The Secretary may make a grant under paragraph (1) of this subsection only if the Secretary decides that—
‘‘(A) the total amount used for grants for the fiscal
year under section 48103 of this title will not be more
than the amount made available under section 48103
for that fiscal year; and
‘‘(B) the amounts authorized for grants under section 48103 of this title for later fiscal years are sufficient for grants of the apportioned amounts that
were not used for grants under the apportionment
during the fiscal year and that remain available
under subsection (b) of this section.’’
Pub. L. 106–181, § 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

Page 1081

TITLE 49—TRANSPORTATION

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’’.
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–102, § 3(c), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(c)(1)(B) is
effective Oct. 9, 1996.
Amendment by Pub. L. 105–102 effective as if included
in the provisions of the Act to which the amendment
relates, see section 3(f) of Pub. L. 105–102, set out as a
note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENTS
Section 8(2) of Pub. L. 104–287, as amended by Pub. L.
105–102, § 3(d)(2)(B), Nov. 20, 1997, 111 Stat. 2215, provided

§ 47118

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.
DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF
TITLE 51
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.

§ 47118. Designating current and former military
airports
(a) GENERAL REQUIREMENTS.—The Secretary of
Transportation shall designate current or
former military airports for which grants may
be made under section 47117(e)(1)(B) of this title.
The maximum number of airports bearing such
designation at any time is 15. The Secretary
may only so designate an airport (other than an
airport so designated before August 24, 1994) if—
(1) the airport is a former military installation closed or realigned under—
(A) section 2687 of title 10;
(B) section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note); or
(C) section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C.
2687 note); or
(2) the airport is a military installation with
both military and civil aircraft operations.
(b) SURVEY.—Not later than September 30,
1991, the Secretary shall complete a survey of
current and former military airports to identify
which airports have the greatest potential to
improve the capacity of the national air transportation system. The survey shall identify the
capital development needs of those airports to
make them part of the system and which of
those qualify for grants under section 47104 of
this title.
(c) CONSIDERATIONS.—In carrying out this section, the Secretary shall consider only current
or former military airports for designation
under this section if a grant under section
47117(e)(1)(B) would—
(1) reduce delays at an airport with more
than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings;
or
(2) enhance airport and air traffic control
system capacity in a metropolitan area or reduce current and projected flight delays.
under
section
(d)
GRANTS.—Grants
47117(e)(1)(B) of this title may be made for an
airport designated under subsection (a) of this
section for the 5 fiscal years following the designation, and for subsequent periods, each not to
exceed 5 fiscal years, if the Secretary determines that the airport satisfies the designation
criteria under subsection (a) at the beginning of
each such subsequent period.

§ 47118

TITLE 49—TRANSPORTATION

(e) TERMINAL BUILDING FACILITIES.—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 to the sponsor of a
current or former military airport the Secretary
designates under this section to construct, improve, or repair a terminal building facility, including terminal gates used for revenue passengers getting on or off aircraft. A gate constructed, improved, or repaired under this subsection—
(1) may not be leased for more than 10 years;
and
(2) is not subject to majority in interest
clauses.
(f) PARKING LOTS, FUEL FARMS, UTILITIES,
HANGARS, AND AIR CARGO TERMINALS.—
(1) CONSTRUCTION.—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 to the sponsor of a current or former military airport the Secretary
designates under this section to construct, improve, or repair airport surface parking lots,
fuel farms, utilities, and hangars and air cargo
terminals of an area that is 50,000 square feet
or less.
(2) REIMBURSEMENT.—Upon approval of the
Secretary, the sponsor of a current or former
military airport the Secretary designates
under this section may use an amount apportioned under section 47114, or made available
under section 47115 or 47117(e)(1)(B), to the airport for reimbursement of costs incurred by
the airport in fiscal years 2003 and 2004 for construction, improvement, or repair described in
paragraph (1).
(g) DESIGNATION OF GENERAL AVIATION AIRPORT.—Notwithstanding any other provision of
this section, one of the airports bearing a designation under subsection (a) may be a general
aviation airport that was a former military installation closed or realigned under a section referred to in subsection (a)(1).
(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.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47118(a) ......

49 App.:2207(f)(1).

47118(b) ......

49 App.:2207(f)(2).

47118(c) ......
47118(d) ......
47118(e) ......

49 App.:2207(f)(3).
49 App.:2207(f)(4).
49 App.:2207(f)(5).

Source (Statutes at Large)
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.
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.

Page 1082

HISTORICAL AND REVISION NOTES—CONTINUED
PUB. L. 103–272
Revised
Section
47118(f) .......

Source (U.S. Code)
49 App.:2207(f)(6).

Source (Statutes at Large)
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.
PUB. L. 104–287, § 5(83)(A)
This sets out the date of enactment of 49:47118(a) (last
sentence).
PUB. L. 104–287, § 5(83)(B)
This makes a clarifying amendment to 49:47118(e) because 49:47109(c) was struck by section 114(b) of the Federal Aviation Administration Authorization Act of 1994
(Public Law 103–305, 108 Stat. 1579).
REFERENCES IN TEXT
Section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act, referred
to in subsec. (a)(1)(B), is section 201 of Pub. L. 100–526,
which is set out in a note under section 2687 of Title 10,
Armed Forces.
Section 2905 of the Defense Base Closure and Realignment Act of 1990, referred to in subsec. (a)(1)(C), is section 2905 of Pub. L. 101–510, which is set out in a note
under section 2687 of Title 10.
AMENDMENTS
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.’’

Page 1083

TITLE 49—TRANSPORTATION

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) GENERAL REQUIREMENTS.—The Secretary of
Transportation shall designate not more than 15 current or former military airports for which grants may
be made under section 47117(e)(1)(E) of this title. The
Secretary may only designate an airport for such
grants (other than an airport designated for such
grants on or before the date of the enactment of this
sentence) if the Secretary finds that grants under such
section for projects at such airport would reduce delays
at an airport with more than 20,000 hours of annual
delays in commercial passenger aircraft takeoffs and
landings.’’
Subsec. (d). Pub. L. 104–264, § 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’’.
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of

§ 47119

Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1996 AMENDMENTS
Amendment by section 5(83)(A) of Pub. L. 104–287 effective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287,
as amended, set out as a note under section 47117 of this
title.
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years
beginning after Sept. 30, 1996, and not to be construed
as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264,
set out as a note under section 106 of this title.

§ 47119. Terminal development costs
(a) REPAYING BORROWED MONEY.—
(1) TERMINAL DEVELOPMENT COSTS INCURRED
AFTER JUNE 30, 1970, AND BEFORE JULY 12, 1976.—
An amount apportioned under section 47114
and made available to the sponsor of a commercial service airport at which terminal development was carried out after June 30, 1970,
and before July 12, 1976, 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) if they had been incurred after September 3, 1982.
(2) TERMINAL DEVELOPMENT COSTS INCURRED
BETWEEN JANUARY 1, 1992, AND OCTOBER 31, 1992.—
An amount apportioned under section 47114
and made available to the sponsor of a nonhub
airport at which terminal development was
carried out between January 1, 1992, and October 31, 1992, is available to repay immediately
money borrowed and to pay the costs for such
terminal development if those costs would be
allowable project costs under section 47110(d).
(3) TERMINAL DEVELOPMENT COSTS AT PRIMARY
AIRPORTS.—An
amount apportioned
under section 47114 or available under subsection (b)(3) to a primary airport—
(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) CONDITIONS FOR GRANT.—An amount is
available for a grant under this subsection
only if—
(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.

§ 47119

TITLE 49—TRANSPORTATION

(5) APPLICABILITY OF CERTAIN LIMITATIONS.—
A grant under this subsection shall be subject
to the limitations in subsection (b)(1) and (2).
(b) AVAILABILITY OF AMOUNTS.—In a fiscal
year, the Secretary may make available—
(1) to a sponsor of a primary airport, any
part of amounts apportioned to the sponsor for
the fiscal year under section 47114(c)(1) of this
title to pay project costs allowable under section 47110(d) of this title;
(2) on approval of the Secretary, not more
than $200,000 of the amount that may be distributed for the fiscal year from the discretionary fund established under section 47115 of
this title—
(A) to a sponsor of a nonprimary commercial service airport to pay project costs allowable under section 47110(d) of this title;
and
(B) to a sponsor of a reliever airport for
the types of project costs allowable under
section 47110(d), including project costs allowable for a commercial service airport
that each year does not have more than .05
percent of the total boardings in the United
States;
(3) for use by a primary airport that each
year does not have more than .05 percent of
the total boardings in the United States, any
part of amounts that may be distributed for
the fiscal year from the discretionary fund and
small airport fund to pay project costs allowable under section 47110(d) of this title;
(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) NONHUB AIRPORTS.—With respect to a
project at a commercial service airport which
annually has less than 0.05 percent of the total
enplanements in the United States, the Secretary may approve the use of the amounts described in subsection (a) notwithstanding the requirements of sections 47107(a)(17), 47112, and
47113.
(d) DETERMINATION OF PASSENGER BOARDING AT
COMMERCIAL SERVICE AIRPORTS.—For the purpose of determining whether an amount may be
distributed for a fiscal year from the discretionary fund in accordance with subsection
(b)(2)(A) to a commercial service airport, the
Secretary shall make the determination of
whether or not a public airport is a commercial
service airport on the basis of the number of
passenger boardings and type of air service at
the public airport in the calendar year that includes the first day of such fiscal year or the
preceding calendar year, whichever is more beneficial to the airport.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1274;
Pub. L. 103–305, title I, § 117, Aug. 23, 1994, 108

Page 1084

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.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47119(a) ......

49 App.:2212(b)(4).

47119(b) ......

49 App.:2212(b)(2).

49 App.:2212(b)(3).

Source (Statutes at Large)
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.
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.
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.
PUB. L. 103–429
Revised
Section
47119(b) ......

Source (U.S. Code)
49 App.:2212(b)(2).

Source (Statutes at Large)
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.
REFERENCES IN TEXT
Section 20(b) of the Airport and Airway Development
Act of 1970, referred to in subsec. (b)(4), is section 20(b)
of Pub. L. 91–258, which was classified to section 1720(b)
of former Title 49, Transportation, prior to repeal by
Pub. L. 97–248, title V, § 523(a), Sept. 3, 1982, 96 Stat. 695.
AMENDMENTS
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

Page 1085

§ 47121

TITLE 49—TRANSPORTATION

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).

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47120 ..........

49 App.:2208(b)(9).

Source (Statutes at Large)
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.
AMENDMENTS
2000—Pub. L. 106–181 designated existing provisions as
subsec. (a), inserted heading, and added subsec. (b).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 47121. Records and audits
(a) RECORDS.—A sponsor shall keep the records
the Secretary of Transportation requires. The
Secretary may require records—
(1) that disclose—
(A) the amount and disposition by the
sponsor of the proceeds of the grant;
(B) the total cost of the plan or program
for which the grant is given or used; and
(C) the amounts and kinds of costs of the
plan or program provided by other sources;
and
(2) that make it easier to carry out an audit.

(a) IN GENERAL.—In making a grant under this
subchapter, the Secretary of Transportation
may give priority to a project that is consistent
with an integrated airport system plan.
(b) DISCRETIONARY FUNDING TO BE USED FOR
HIGHER PRIORITY PROJECTS.—The Administrator
of the Federal Aviation Administration shall
discourage airport sponsors and airports from
using entitlement funds for lower priority
projects by giving lower priority to discretionary projects submitted by airport sponsors
and airports that have used entitlement funds
for projects that have a lower priority than the
projects for which discretionary funds are being
requested.

(b) AUDITS AND EXAMINATIONS.—The Secretary
and the Comptroller General may audit and examine records of a sponsor that are related to a
grant made under this subchapter.
(c) AUTHORITY OF COMPTROLLER GENERAL.—
When an independent audit is made of the accounts of a sponsor under this subchapter related to the disposition of the proceeds of the grant
or related to the plan or program for which the
grant was given or used, the sponsor shall submit a certified copy of the audit to the Secretary not more than 6 months after the end of
the fiscal year for which the audit was made.
The Comptroller General may report to Congress describing the results of each audit conducted or reviewed by the Comptroller General
under this section during the prior fiscal year.
(d) AUDIT REQUIREMENT.—The Secretary may
require a sponsor to conduct an appropriate
audit as a condition for receiving a grant under
this subchapter.
(e) ANNUAL REVIEW.—The Secretary shall review annually the recordkeeping and reporting
requirements under this subchapter to ensure
that they are the minimum necessary to carry
out this subchapter.
(f) WITHHOLDING INFORMATION FROM CONGRESS.—This section does not authorize the Secretary or the Comptroller General to withhold
information from a committee of Congress authorized to have the information.

(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.)

(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.)

EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 47120. Grant priority

§ 47122

TITLE 49—TRANSPORTATION
HISTORICAL AND REVISION NOTES

Revised
Section
47121(a) ......
47121(b) ......
47121(c) ......
47121(d) ......
47121(e) ......
47121(f) .......

Source (U.S. Code)

Source (Statutes at Large)

49 App.:2217(a) (1st
sentence).
49 App.:2217(b) (1st
sentence).
49 App.:2217(c).
49 App.:2217(b) (last
sentence).
49 App.:2217(a) (last
sentence).
49 App.:2217(d).

Sept. 3, 1982, Pub. L. 97–248,
§ 518, 96 Stat. 693.

In subsections (a)–(d), the word ‘‘sponsor’’ is substituted for ‘‘recipient of a grant under this chapter’’
and ‘‘recipient’’ for clarity.
In subsection (a), before clause (1), the words ‘‘The
Secretary may require records’’ are substituted for ‘‘including records’’ for clarity. In clause (1), before subclause (A), the word ‘‘fully’’ is omitted as surplus.
In subsection (b), the words ‘‘or any of their duly authorized representatives’’ are omitted as surplus because of 49:322(b) and 31:711. The words ‘‘may audit and
examine’’ are substituted for ‘‘shall have access for the
purpose of audit and examination’’ to eliminate unnecessary words. The words ‘‘books, documents, papers’’
are omitted as being included in ‘‘records’’.
In subsection (e), the words ‘‘minimum necessary to
carry out’’ are substituted for ‘‘that such requirements
are kept to the minimum level necessary for the proper
administration of’’ to eliminate unnecessary words.
In subsection (f), the words ‘‘or any officer or employee under the control of either of them’’ are omitted
as surplus because of 49:322(b) and 31:711.
AMENDMENTS
1996—Subsec. (c). Pub. L. 104–316, in first sentence,
substituted ‘‘Secretary’’ for ‘‘Comptroller General’’, in
second sentence, substituted ‘‘The Comptroller General
may’’ for ‘‘Not later than April 15 of each year, the
Comptroller General shall’’, and struck out at end ‘‘The
Comptroller General shall prescribe regulations necessary to carry out this subsection.’’

§ 47122. Administrative
(a) GENERAL.—The Secretary of Transportation may take action the Secretary considers
necessary to carry out this subchapter, including conducting investigations and public hearings, prescribing regulations and procedures,
and issuing orders.
(b) CONDUCTING INVESTIGATIONS AND PUBLIC
HEARINGS.—In conducting an investigation or
public hearing under this subchapter, the Secretary has the same authority the Secretary has
under section 46104 of this title. An action of the
Secretary in exercising that authority is governed by the procedures specified in section
46104 and shall be enforced as provided in section
46104.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1275.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47122(a) ......

49 App.:2218(a).

47122(b) ......

49 App.:1354(c) (related to Airport
and Airway Improvement Act of
1982).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 519(a), 96 Stat. 694; Dec.
30, 1987, Pub. L. 100–223,
§ 112(1), 101 Stat. 1504.
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.

Page 1086

§ 47123. Nondiscrimination
The Secretary of Transportation shall take affirmative action to ensure that an individual is
not excluded because of race, creed, color, national origin, or sex from participating in an activity carried out with money received under a
grant under this subchapter. The Secretary shall
prescribe regulations necessary to carry out this
section. The regulations shall be similar to
those in effect under title VI of the Civil Rights
Act of 1964 (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.)
HISTORICAL AND REVISION NOTES
Revised
Section
47123 ..........

Source (U.S. Code)
49 App.:2219.

Source (Statutes at Large)
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.
REFERENCES IN TEXT
The Civil Rights Act of 1964, referred to in text, is
Pub. L. 88–352, July 2, 1964, 78 Stat. 241, as amended.
Title VI of the Act is classified generally to subchapter
V (§ 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.

§ 47124. Agreements for State and local operation
of airport facilities
(a) GOVERNMENT RELIEF FROM LIABILITY.—The
Secretary of Transportation shall ensure that an
agreement under this subchapter with a qualified entity (as determined by the Secretary),
State, or a political subdivision of a State to
allow the entity, State, or subdivision to operate an airport facility relieves the United States
Government from any liability arising out of, or
related to, acts or omissions of employees of the
entity, State, or subdivision in operating the
airport facility.
(b) AIR TRAFFIC CONTROL CONTRACT PROGRAM.—(1) The Secretary shall continue the low
activity (Visual Flight Rules) level I air traffic
control tower contract program established
under subsection (a) of this section for towers
existing on December 30, 1987, and extend the
program to other towers as practicable.
(2) The Secretary may make a contract 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

Page 1087

TITLE 49—TRANSPORTATION

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) CONTRACT AIR TRAFFIC CONTROL TOWER PROGRAM.—
(A) IN GENERAL.—The Secretary shall establish a program to contract for air traffic control services at nonapproach control towers, as
defined by the Secretary, that do not qualify
for the contract tower program established
under subsection (a) and continued under
paragraph (1) (in this paragraph referred to as
the ‘‘Contract Tower Program’’).
(B) PROGRAM COMPONENTS.—In carrying out
the program, the Secretary shall—
(i) utilize for purposes of cost-benefit
analyses, current, actual, site-specific data,
forecast estimates, or airport master plan
data provided by a facility owner or operator
and verified by the Secretary; and
(ii) approve for participation only facilities willing to fund a pro rata share of the
operating costs of the air traffic control
tower to achieve a 1-to-1 benefit-to-cost
ratio using actual site-specific contract
tower operating costs in any case in which
there is an operating air traffic control
tower, as required for eligibility under the
Contract Tower Program.
(C) PRIORITY.—In selecting facilities to participate in the program, the Secretary shall
give priority to the following facilities:
(i) Air traffic control towers that are participating in the Contract Tower Program
but have been notified that they will be terminated from such program because the Secretary has determined that the benefit-tocost ratio for their continuation in such program is less than 1.0.
(ii) Air traffic control towers that the Secretary determines have a benefit-to-cost
ratio of at least .50.
(iii) Air traffic control towers of the Federal Aviation Administration that are closed
as a result of the air traffic controllers
strike in 1981.
(iv) Air traffic control towers located at
airports or points at which an air carrier is
receiving compensation under the essential
air service program under this chapter.
(v) Air traffic control towers located at
airports that are prepared to assume partial
responsibility for maintenance costs.
(vi) Air traffic control towers located at
airports with safety or operational problems
related to topography, weather, runway configuration, or mix of aircraft.
(vii) Air traffic control towers located at
an airport at which the community has been
operating the tower at its own expense.
(D) COSTS EXCEEDING BENEFITS.—If the costs
of operating an air traffic tower under the program exceed the benefits, the airport sponsor
or State or local government having jurisdiction over the airport shall pay the portion of
the costs that exceed such benefit, with the

§ 47124

maximum allowable local cost share capped at
20 percent.
(E) FUNDING.—Of the amounts appropriated
pursuant to section 106(k), not more than
$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 may be used to
carry out this paragraph.
(4) CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS.—

(A) GRANTS.—The Secretary may provide
grants to a sponsor of—
(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) ELIGIBILITY.—An airport sponsor shall be
eligible for a grant under this paragraph only
if—
(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

§ 47124

TITLE 49—TRANSPORTATION

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) LIMITATION ON FEDERAL SHARE.—The Federal share of the cost of construction of a nonapproach control tower under this paragraph
may not exceed $1,500,000.
(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.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47124(a) ......

49 App.:2222.

47124(b)(1) ..

49 App.:2222 (note).

47124(b)(2) ..

49 App.:1344(h).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 526, 96 Stat. 698.
Dec. 30, 1987, Pub. L. 100–223,
§ 306, 101 Stat. 1526.
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.

Page 1088
AMENDMENTS

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 ‘‘PILOT’’ before ‘‘PROGRAM’’ in par. heading, before
‘‘program to contract’’ in subpar. (A), before ‘‘program,
the Secretary’’ in subpars. (B) and (C), and before ‘‘program exceed’’ in subpar. (D).
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).
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
SAVINGS PROVISION
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.’’

Page 1089

§ 47125

TITLE 49—TRANSPORTATION
NONAPPROACH CONTROL TOWERS

Pub. L. 108–7, div. I, title III, § 370(c), Feb. 20, 2003, 117
Stat. 426, provided that:
‘‘(1) IN GENERAL.—The Administrator of the Federal
Aviation Administration may enter into a lease agreement or contract agreement with a private entity to
provide for construction and operation of a nonapproach control tower as defined by the Secretary of
Transportation.
‘‘(2) TERMS AND CONDITIONS.—An agreement entered
into under this section—
‘‘(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.’’
USE OF APPORTIONMENTS TO PAY NON-FEDERAL SHARE
OF OPERATION COSTS
Pub. L. 108–7, div. I, title III, § 370(d), Feb. 20, 2003, 117
Stat. 427, provided that:
‘‘(1) STUDY.—The Secretary of Transportation shall
conduct a study of the feasibility, costs, and benefits of
allowing the sponsor of an airport to use not to exceed
10 percent of amounts apportioned to the sponsor under
section 47114 to pay the non-Federal share of the cost
of operation of an air traffic control tower under section 47124(b) of title 49, United States Code.
‘‘(2) REPORT.—Not later than 1 year after the date of
enactment of this Act [Feb. 20, 2003], the Secretary
shall transmit to Congress a report on the results of
the study.’’
CONTRACT TOWER ASSISTANCE
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.’’

§ 47125. Conveyances of United States Government land
(a) CONVEYANCES TO PUBLIC AGENCIES.—Except
as provided in subsection (b) of this section, the
Secretary of Transportation shall request the
head of the department, agency, or instrumentality of the United States Government owning
or controlling land or airspace to convey a property interest in the land or airspace to the public agency sponsoring the project or owning or
controlling the airport when necessary to carry
out a project under this subchapter at a public
airport, to operate a public airport, or for the
future development of an airport under the na-

tional plan of integrated airport systems. The
head of the department, agency, or instrumentality shall decide whether the requested conveyance is consistent with the needs of the department, agency, or instrumentality and shall
notify the Secretary of that decision not later
than 4 months after receiving the request. If the
head of the department, agency, or instrumentality decides that the requested conveyance is
consistent with its needs, the head of the department, agency, or instrumentality, with the approval of the Attorney General and without cost
to the Government, shall make the conveyance.
A conveyance may be made only on the condition that the property interest conveyed reverts
to the Government, at the option of the Secretary, to the extent it is not developed for an
airport purpose or used consistently with the
conveyance. Before waiving a condition that
property be used for an aeronautical purpose
under the preceding sentence, the Secretary
must provide notice to the public not less than
30 days before waiving such condition.
(b) NONAPPLICATION.—Except as specifically
provided by law, subsection (a) of this section
does not apply to land or airspace owned or controlled by the Government within—
(1) a national park, national monument, national recreation area, or similar area under
the administration of the National Park Service;
(2) a unit of the National Wildlife Refuge
System or similar area under the jurisdiction
of the United States Fish and Wildlife Service;
or
(3) a national forest or Indian reservation.
(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.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47125(a) ......

49 App.:2215(a), (b).

47125(b) ......

49 App.:2215(c).

Source (Statutes at Large)
Sept. 3, 1982, Pub. L. 97–248,
§ 516, 96 Stat. 692.

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

§ 47126

TITLE 49—TRANSPORTATION

United States’’, to eliminate unnecessary words. The
words ‘‘the terms of’’ are omitted as surplus.
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–181 inserted at end ‘‘Before waiving a condition that property be used for an
aeronautical purpose under the preceding sentence, the
Secretary must provide notice to the public not less
than 30 days before waiving such condition.’’
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
CONSTRUCTION OF 2000 AMENDMENT
Nothing in amendment by Pub. L. 106–181 to be construed to authorize Secretary of Transportation to
issue waiver or make a modification referred to in such
amendment, see section 125(e) of Pub. L. 106–181, set out
as a note under section 47107 of this title.

§ 47126. Criminal penalties for false statements
A person (including an officer, agent, or employee of the United States Government or a
public agency) shall be fined under title 18, imprisoned for not more than 5 years, or both, if
the person, with intent to defraud the Government, knowingly makes—
(1) a false statement about the kind, quantity, quality, or cost of the material used or to
be used, or the quantity, quality, or cost of
work performed or to be performed, in connection with the submission of a plan, map, specification, contract, or estimate of project cost
for a project included in a grant application
submitted to the Secretary of Transportation
for approval under this subchapter;
(2) a false statement or claim for work or
material for a project included in a grant application approved by the Secretary under this
subchapter; or
(3) a false statement in a report or certification required under this subchapter.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1277.)
HISTORICAL AND REVISION NOTES
Revised
Section
47126 ..........

Source (U.S. Code)
49 App.:2216.

Source (Statutes at Large)
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.

§ 47127. Ground transportation demonstration
projects
(a) GENERAL AUTHORITY.—To improve the airport and airway system of the United States
consistent with regional airport system plans financed under section 13(b) of the Airport and
Airway Development Act of 1970, the Secretary
of Transportation may carry out ground trans-

Page 1090

portation demonstration projects to improve
ground access to air carrier airport terminals.
The Secretary may carry out a demonstration
project independently or by grant or contract,
including an agreement with another department, agency, or instrumentality of the United
States Government.
(b) PRIORITY.—In carrying out this section, the
Secretary shall give priority to a demonstration
project that—
(1) affects an airport in an area with an operating regional rapid transit system with existing facilities reasonably near the airport;
(2) includes connection of the airport terminal to that system;
(3) is consistent with and supports a regional
airport system plan adopted by the planning
agency for the region and submitted to the
Secretary; and
(4) improves access to air transportation for
individuals residing or working in the region
by encouraging the optimal balance of use of
airports in the region.
(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat.
1277.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47127(a) ......

49 App.:1713a(1).

47127(b) ......

49 App.:1713a(2).

Source (Statutes at Large)
July 12, 1976, Pub. L. 94–353,
§ 23(a), 90 Stat. 884.

In subsection (a), the words ‘‘To improve’’ are substituted for ‘‘which he determines will assist the improvement of’’ to eliminate unnecessary words.
In subsection (b)(2), the word ‘‘facilities’’ is omitted
as surplus.
REFERENCES IN TEXT
Section 13(b) of the Airport and Airway Development
Act of 1970, referred to in subsec. (a), is section 13(b) of
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.

§ 47128. State block grant program
(a) GENERAL REQUIREMENTS.—The Secretary of
Transportation shall prescribe regulations to
carry out a State block grant program. The regulations shall provide that the Secretary may
designate not more than 9 qualified States for
fiscal years 2000 and 2001 and 10 qualified States
for each fiscal year thereafter to assume administrative responsibility for all airport grant
amounts available under this subchapter, except
for amounts designated for use at primary airports.
(b) APPLICATIONS AND SELECTION.—A State
wishing to participate in the program must submit an application to the Secretary. The Secretary shall select a State on the basis of its application only after—
(1) deciding the State has an organization
capable of effectively administering a block
grant made under this section;
(2) deciding the State uses a satisfactory airport system planning process;
(3) deciding the State uses a programming
process acceptable to the Secretary;
(4) finding that the State has agreed to comply with United States Government standard

Page 1091

TITLE 49—TRANSPORTATION

requirements for administering the block
grant; and
(5) finding that the State has agreed to provide the Secretary with program information
the Secretary requires.
(c) SAFETY AND SECURITY NEEDS AND NEEDS OF
SYSTEM.—Before deciding whether a planning
process is satisfactory or a programming process
is acceptable under subsection (b)(2) or (b)(3) of
this section, the Secretary shall ensure that the
process provides for meeting critical safety and
security needs and that the programming process ensures that the needs of the national airport system will be addressed in deciding which
projects will receive money from the Government. In carrying out this subsection, the Secretary shall permit a State to use the priority
system of the State if such system is not inconsistent with the national priority system.
(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.)
HISTORICAL AND REVISION NOTES
PUB. L. 103–272
Revised
Section

Source (U.S. Code)

47128(a) ......

49 App.:2227(a) (1st
sentence), (b) (1st
sentence).

47128(b)(1) ..

49 App.:2227(c) (1st,
2d sentences).
49 App.:2227(b) (last
sentence).
49 App.:2227(c) (last
sentence).
49 App.:2227(a) (last
sentence), (d).

47128(b)(2) ..
47128(c) ......
47128(d) ......

Source (Statutes at Large)
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.

In subsection (a), the words ‘‘Not later than 180 days
after December 30, 1987’’ and ‘‘to become effective on
October 1, 1989’’ are omitted as obsolete.
In subsection (b)(1)(A), the words ‘‘agency or’’ are
omitted as surplus.
In subsection (b)(1)(D), the words ‘‘procedural and
other’’ are omitted as surplus.
In subsection (d), the text of 49 App.:2227(d) is omitted
as executed.
PUB. L. 103–429
This amends 49:47128(c) to correct an error in the
codification enacted by section 1 of the Act of July 5,
1994 (Public Law 103–272, 108 Stat. 1278).
PUB. L. 104–287
This makes a clarifying amendment to the catchline
for 49:47128(d).
AMENDMENTS
2000—Subsec. (a). Pub. L. 106–181 substituted ‘‘9 qualified States for fiscal years 2000 and 2001 and 10 qualified
States for each fiscal year thereafter’’ for ‘‘8 qualified
States for fiscal year 1997 and 9 qualified States for
each fiscal year thereafter’’.
1997—Subsec. (d). Pub. L. 105–102 repealed Pub. L.
104–287, § 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.

§ 47129

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) ENDING EFFECTIVE DATE AND REPORT.—This section is effective only through September 30, 1996.’’
1994—Subsec. (c). Pub. L. 103–429 substituted ‘‘subsection (b)(1)(B) or (C)’’ for ‘‘subsection (b)(2) or (3)’’.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
EFFECTIVE DATE OF 1997 AMENDMENT
Pub. L. 105–102, § 3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(E) is
effective Oct. 11, 1996.
Amendment by Pub. L. 105–102 effective as if included
in the provisions of the Act to which the amendment
relates, see section 3(f) of Pub. L. 105–102, set out as a
note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENT
Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years
beginning after Sept. 30, 1996, and not to be construed
as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264,
set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–429 effective July 5, 1994,
see section 9 of Pub. L. 103–429, set out as a note under
section 321 of this title.

§ 47129. Resolution of airport-air carrier disputes
concerning airport fees
(a) AUTHORITY TO REQUEST SECRETARY’S DETERMINATION.—
(1) IN GENERAL.—The Secretary of Transportation shall issue a determination as to whether a fee imposed upon one or more air carriers
(as defined in section 40102 of this title) by the
owner or operator of an airport is reasonable
if—
(A) a written request for such determination is filed with the Secretary by such
owner or operator; or
(B) a written complaint requesting such
determination is filed with the Secretary by
an affected air carrier within 60 days after
such carrier receives written notice of the
establishment or increase of such fee.
(2) CALCULATION OF FEE.—A fee subject to a
determination of reasonableness under this

§ 47129

TITLE 49—TRANSPORTATION

section may be calculated pursuant to either a
compensatory or residual fee methodology or
any combination thereof.
(3) SECRETARY NOT TO SET FEE.—In determining whether a fee is reasonable under this section, the Secretary may only determine
whether the fee is reasonable or unreasonable
and shall not set the level of the fee.
(4) FEES IMPOSED BY PRIVATELY-OWNED AIRPORTS.—In evaluating the reasonableness of a
fee imposed by an airport receiving an exemption under section 47134 of this title, the Secretary shall consider whether the airport has
complied with section 47134(c)(4).
(b) PROCEDURAL REGULATIONS.—Not later than
90 days after August 23, 1994, the Secretary shall
publish in the Federal Register final regulations, policy statements, or guidelines establishing—
(1) the procedures for acting upon any written request or complaint filed under subsection (a)(1); and
(2) the standards or guidelines that shall be
used by the Secretary in determining under
this section whether an airport fee is reasonable.
(c) DECISIONS BY SECRETARY.—The final regulations, policy statements, or guidelines required in subsection (b) shall provide the following:
(1) Not more than 120 days after an air carrier files with the Secretary a written complaint relating to an airport fee, the Secretary
shall issue a final order determining whether
such fee is reasonable.
(2) Within 30 days after such complaint is
filed with the Secretary, the Secretary shall
dismiss the complaint if no significant dispute
exists or shall assign the matter to an administrative law judge; and thereafter the matter
shall be handled in accordance with part 302 of
title 14, Code of Federal Regulations, or as
modified by the Secretary to ensure an orderly
disposition of the matter within the 120-day
period and any specifically applicable provisions of this section.
(3) The administrative law judge shall issue
a recommended decision within 60 days after
the complaint is assigned or within such
shorter period as the Secretary may specify.
(4) If the Secretary, upon the expiration of
120 days after the filing of the complaint, has
not issued a final order, the decision of the administrative law judge shall be deemed to be
the final order of the Secretary.
(5) Any party to the dispute may seek review
of a final order of the Secretary under this
subsection in the Circuit Court of Appeals for
the District of Columbia Circuit or the court
of appeals in the circuit where the airport
which gives rise to the written complaint is
located.
(6) Any findings of fact in a final order of the
Secretary under this subsection, if supported
by substantial evidence, shall be conclusive if
challenged in a court pursuant to this subsection. No objection to such a final order
shall be considered by the court unless objection was urged before an administrative law
judge or the Secretary at a proceeding under

Page 1092

this subsection or, if not so urged, unless there
were reasonable grounds for failure to do so.
(d) PAYMENT UNDER PROTEST; GUARANTEE OF
AIR CARRIER ACCESS.—
(1) PAYMENT UNDER PROTEST.—
(A) IN GENERAL.—Any fee increase or
newly established fee which is the subject of
a complaint that is not dismissed by the
Secretary shall be paid by the complainant
air carrier to the airport under protest.
(B) REFERRAL OR CREDIT.—Any amounts
paid under this subsection by a complainant
air carrier to the airport under protest shall
be subject to refund or credit to the air carrier in accordance with directions in the
final order of the Secretary within 30 days of
such order.
(C) ASSURANCE OF TIMELY REPAYMENT.—In
order to assure the timely repayment, with
interest, of amounts in dispute determined
not to be reasonable by the Secretary, the
airport shall obtain a letter of credit, or surety bond, or other suitable credit facility,
equal to the amount in dispute that is due
during the 120-day period established by this
section, plus interest, unless the airport and
the complainant air carrier agree otherwise.
(D) DEADLINE.—The letter of credit, or surety bond, or other suitable credit facility
shall be provided to the Secretary within 20
days of the filing of the complaint and shall
remain in effect for 30 days after the earlier
of 120 days or the issuance of a timely final
order by the Secretary determining whether
such fee is reasonable.
(2) GUARANTEE OF AIR CARRIER ACCESS.—Contingent upon an air carrier’s compliance with
the requirements of paragraph (1) and pending
the issuance of a final order by the Secretary
determining the reasonableness of a fee that is
the subject of a complaint filed under subsection (a)(1)(B), an owner or operator of an
airport may not deny an air carrier currently
providing air service at the airport reasonable
access to airport facilities or service, or otherwise interfere with an air carrier’s prices,
routes, or services, as a means of enforcing the
fee.
(e) APPLICABILITY.—This section does not
apply to—
(1) a fee imposed pursuant to a written
agreement with air carriers using the facilities of an airport;
(2) a fee imposed pursuant to a financing
agreement or covenant entered into prior to
August 23, 1994; or
(3) any other existing fee not in dispute as of
August 23, 1994.
(f) EFFECT ON EXISTING AGREEMENTS.—Nothing
in this section shall adversely affect—
(1) the rights of any party under any existing written agreement between an air carrier
and the owner or operator of an airport; or
(2) the ability of an airport to meet its obligations under a financing agreement, or covenant, that is in force as of August 23, 1994.
(g) DEFINITION.—In this section, the term
‘‘fee’’ means any rate, rental charge, landing
fee, or other service charge for the use of airport
facilities.

Page 1093

§ 47133

TITLE 49—TRANSPORTATION

(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.)
HISTORICAL AND REVISION NOTES
PUB. L. 104–287, § 5(85)(A)
This amends 49:47129(a)(1) to conform to the style of
title 49.
PUB. L. 104–287, § 5(85)(B) AND (C)
These set out the date of enactment of 49:47129.
PRIOR PROVISIONS
A prior section 47129 was renumbered section 47131 of
this title.
AMENDMENTS

submit to Congress a report on activities carried
out under this subchapter during the prior fiscal
year. The report shall include—
(1) a detailed statement of airport development completed;
(2) the status of each project undertaken;
(3) the allocation of appropriations;
(4) an itemized statement of expenditures
and receipts; and
(5) a detailed statement listing airports that
the Secretary believes are not in compliance
with grant assurances or other requirements
with respect to airport lands and including the
circumstances of such noncompliance, the
timelines for corrective action, and the corrective action the Secretary intends to take to
bring the airport sponsor into compliance.

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’’.

(b) SPECIAL RULE FOR LISTING NONCOMPLIANT
AIRPORTS.—The Secretary does not have to conduct an audit or make a final determination before including an airport on the list referred to
in subsection (a)(5).

EFFECTIVE DATE OF 1996 AMENDMENT

HISTORICAL AND REVISION NOTES

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.

§ 47130. Airport safety data collection
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.)
AMENDMENTS
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.’’
EFFECTIVE DATE OF 2003 AMENDMENT
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.

§ 47131. Annual report
(a) GENERAL RULE.—Not later than April 1 of
each year, the Secretary of Transportation shall

(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)

47129 ..........

49 App.:2220.

Source (Statutes at Large)
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.
AMENDMENTS
2000—Pub. L. 106–181 designated existing provisions as
subsec. (a), inserted heading, added par. (5) of subsec.
(a), and added subsec. (b).
1994—Pub. L. 103–305 renumbered section 47129 of this
title as this section.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

[§ 47132. Repealed. Pub. L. 106–181,
§ 123(a)(1), Apr. 5, 2000, 114 Stat. 74]

title

I,

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.
EFFECTIVE DATE OF REPEAL
Repeal applicable only to fiscal years beginning after
Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as
an Effective Date of 2000 Amendments note under section 106 of this title.

§ 47133. Restriction on use of revenues
(a) PROHIBITION.—Local taxes on aviation fuel
(except taxes in effect on December 30, 1987) or
the revenues generated by an airport that is the
subject of Federal assistance may not be expended for any purpose other than the capital or
operating costs of—

§ 47134

TITLE 49—TRANSPORTATION

(1) the airport;
(2) the local airport system; or
(3) any other local facility that is owned or
operated by the person or entity that owns or
operates the airport that is directly and substantially related to the air transportation of
passengers or property.
(b) EXCEPTIONS.—Subsection (a) shall not
apply if a provision enacted not later than September 2, 1982, in a law controlling financing by
the airport owner or operator, or a covenant or
assurance in a debt obligation issued not later
than September 2, 1982, by the owner or operator, provides that the revenues, including local
taxes on aviation fuel at public airports, from
any of the facilities of the owner or operator, including the airport, be used to support not only
the airport but also the general debt obligations
or other facilities of the owner or operator.
(c) RULE OF CONSTRUCTION.—Nothing in this
section may be construed to prevent the use of
a State tax on aviation fuel to support a State
aviation program or the use of airport revenue
on or off the airport for a noise mitigation purpose.
(Added Pub. L. 104–264, title VIII, § 804(a), Oct. 9,
1996, 110 Stat. 3271.)
EFFECTIVE DATE
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30,
1996, and not to be construed as affecting funds made
available for a fiscal year ending before Oct. 1, 1996, see
section 3 of Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.

§ 47134. Pilot program on private ownership of
airports
(a) SUBMISSION OF APPLICATIONS.—If a sponsor
intends to sell or lease a general aviation airport or lease any other type of airport for a long
term to a person (other than a public agency),
the sponsor and purchaser or lessee may apply
to the Secretary of Transportation for exemptions under this section.
(b) APPROVAL OF APPLICATIONS.—The Secretary may approve, with respect to not more
than 5 airports, applications submitted under
subsection (a) granting exemptions from the following provisions:
(1) USE OF REVENUES.—
(A) IN GENERAL.—The Secretary may grant
an exemption to a sponsor from the provisions of sections 47107(b) and 47133 of this
title (and any other law, regulation, or grant
assurance) to the extent necessary to permit
the sponsor to recover from the sale or lease
of the airport such amount as may be approved—
(i) 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 con-

Page 1094

sulted with at least 65 percent of the owners of aircraft based at that airport, as determined by the Secretary.
(B) OBJECTION TO EXEMPTION.—An air carrier shall be deemed to have approved a
sponsor’s application for an exemption under
subparagraph (A) unless the air carrier has
submitted an objection, in writing, to the
sponsor within 60 days of the filing of the
sponsor’s application with the Secretary, or
within 60 days of the service of the application upon that air carrier, whichever is
later.
(C) LANDED WEIGHT DEFINED.—In this paragraph, the term ‘‘landed weight’’ means the
weight of aircraft transporting passengers or
cargo, or both, in intrastate, interstate, and
foreign air transportation, as the Secretary
determines under regulations the Secretary
prescribes.
(2) REPAYMENT REQUIREMENTS.—The Secretary may grant an exemption to a sponsor
from the provisions of sections 47107 and 47152
of this title (and any other law, regulation, or
grant assurance) to the extent necessary to
waive any obligation of the sponsor to repay
to the Federal Government any grants, or to
return to the Federal Government any property, received by the airport under this title,
the Airport and Airway Improvement Act of
1982, or any other law.
(3) COMPENSATION FROM AIRPORT OPERATIONS.—The Secretary may grant an exemption to a purchaser or lessee from the provisions of sections 47107(b) and 47133 of this title
(and any other law, regulation, or grant assurance) to the extent necessary to permit the
purchaser or lessee to earn compensation from
the operations of the airport.
(c) TERMS AND CONDITIONS.—The Secretary
may approve an application under subsection (b)
only if the Secretary finds that the sale or lease
agreement includes provisions satisfactory to
the Secretary to ensure the following:
(1) The airport will continue to be available
for public use on reasonable terms and conditions and without unjust discrimination.
(2) The operation of the airport will not be
interrupted in the event that the purchaser or
lessee becomes insolvent or seeks or becomes
subject to any State or Federal bankruptcy,
reorganization, insolvency, liquidation, or dissolution proceeding or any petition or similar
law seeking the dissolution or reorganization
of the purchaser or lessee or the appointment
of a receiver, trustee, custodian, or liquidator
for the purchaser or lessee or a substantial
part of the purchaser or lessee’s property, assets, or business.
(3) The purchaser or lessee will maintain,
improve, and modernize the facilities of the
airport through capital investments and will
submit to the Secretary a plan for carrying
out such maintenance, improvements, and
modernization.
(4) Every fee of the airport imposed on an air
carrier on the day before the date of the lease
of the airport will not increase faster than the
rate of inflation unless a higher amount is approved—

Page 1095

§ 47134

TITLE 49—TRANSPORTATION

(A) by at least 65 percent of the air carriers serving the airport; and
(B) by air carriers whose aircraft landing
at the airport during the preceding calendar
year had a total landed weight during the
preceding calendar year of at least 65 percent of the total landed weight of all aircraft
landing at the airport during such year.
(5) The percentage increase in fees imposed
on general aviation aircraft at the airport will
not exceed the percentage increase in fees imposed on air carriers at the airport.
(6) Safety and security at the airport will be
maintained at the highest possible levels.
(7) The adverse effects of noise from operations at the airport will be mitigated to the
same extent as at a public airport.
(8) Any adverse effects on the environment
from airport operations will be mitigated to
the same extent as at a public airport.
(9) Any collective bargaining agreement that
covers employees of the airport and is in effect
on the date of the sale or lease of the airport
will not be abrogated by the sale or lease.
(d) PARTICIPATION OF CERTAIN AIRPORTS.—
(1) GENERAL AVIATION AIRPORTS.—If the Secretary approves under subsection (b) applications with respect to 5 airports, one of the airports must be a general aviation airport.
(2) LARGE HUB AIRPORTS.—The Secretary
may not approve under subsection (b) more
than 1 application submitted by an airport
that had 1 percent or more of the total passenger boardings (as defined in section 47102)
in the United States in the preceding calendar
year.
(e) REQUIRED FINDING THAT APPROVAL WILL
NOT RESULT IN UNFAIR METHODS OF COMPETITION.—The Secretary may approve an application under subsection (b) only if the Secretary
finds that the approval will not result in unfair
and deceptive practices or unfair methods of
competition.
(f) INTERESTS OF GENERAL AVIATION USERS.—In
approving an application of an airport under
this section, the Secretary shall ensure that the
interests of general aviation users of the airport
are not adversely affected.
(g) PASSENGER FACILITY FEES; APPORTIONMENTS;
SERVICE
CHARGES.—Notwithstanding
that the sponsor of an airport receiving an exemption under subsection (b) is not a public
agency, the sponsor shall not be prohibited
from—
(1) imposing a passenger facility fee under
section 40117 of this title;
(2) receiving apportionments under section
47114 of this title; or
(3) collecting reasonable rental charges,
landing fees, and other service charges from
aircraft operators under section 40116(e)(2) of
this title.
(h) EFFECTIVENESS OF EXEMPTIONS.—An exemption granted under subsection (b) shall continue in effect only so long as the facilities sold
or leased continue to be used for airport purposes.
(i) REVOCATION OF EXEMPTIONS.—The Secretary may revoke an exemption issued to a pur-

chaser or lessee of an airport under subsection
(b)(3) if, after providing the purchaser or lessee
with notice and an opportunity to be heard, the
Secretary determines that the purchaser or lessee has knowingly violated any of the terms
specified in subsection (c) for the sale or lease of
the airport.
(j) NONAPPLICATION OF PROVISIONS TO AIRPORTS
OWNED BY PUBLIC AGENCIES.—The provisions of
this section requiring the approval of air carriers in determinations concerning the use of
revenues, and imposition of fees, at an airport
shall not be extended so as to apply to any airport owned by a public agency that is not participating in the program established by this
section.
(k) AUDITS.—The Secretary may conduct periodic audits of the financial records and operations of an airport receiving an exemption
under this section.
(l) REPORT.—Not later than 2 years after the
date of the initial approval of an application
under this section, the Secretary shall transmit
to the Committee on Transportation and Infrastructure of the House of Representatives and
the Committee on Commerce, Science, and
Transportation of the Senate a report on implementation of the program under this section.
(m) GENERAL AVIATION AIRPORT DEFINED.—In
this section, the term ‘‘general aviation airport’’ means an airport that is not a commercial
service airport.
(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.)
REFERENCES IN TEXT
The Airport and Airway Improvement Act of 1982, referred to in subsec. (b)(2), is title V of Pub. L. 97–248,
Sept. 3, 1982, 96 Stat. 671, as amended, which was classified principally to chapter 31 (§ 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.
AMENDMENTS
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).
EFFECTIVE DATE OF 2003 AMENDMENT
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].’’
EFFECTIVE DATE
Except as otherwise specifically provided, section applicable only to fiscal years beginning after Sept. 30,
1996, and not to be construed as affecting funds made
available for a fiscal year ending before Oct. 1, 1996, see
section 3 of Pub. L. 104–264, set out as an Effective Date
of 1996 Amendment note under section 106 of this title.

§ 47135

TITLE 49—TRANSPORTATION

Page 1096

DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF
TITLE 51

out as an Effective Date of 2000 Amendments 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.

§ 47136. Inherently low-emission airport vehicle
pilot program

§ 47135. Innovative financing techniques
(a) IN GENERAL.—The Secretary of Transportation may approve, after the date of enactment
of the Vision 100—Century of Aviation Reauthorization Act, applications for not more than
20 airport development projects for which grants
received under this subchapter may be used for
innovative financing techniques. Such projects
shall be located at airports that each year have
less than .25 percent of the total number of passenger boardings each year at all commercial
service airports in the most recent calendar
year for which data is available.
(b) PURPOSE.—The purpose of grants made
under this section shall be to provide information on the benefits and difficulties of using innovative financing techniques for airport development projects.
(c) LIMITATIONS.—
(1) NO GUARANTEES.—In no case shall the implementation of an innovative financing technique under this section be used in a manner
giving rise to a direct or indirect guarantee of
any airport debt instrument by the United
States Government.
(2) TYPES OF TECHNIQUES.—In this section,
innovative financing techniques are limited
to—
(A) payment of interest;
(B) commercial bond insurance and other
credit enhancement associated with airport
bonds for eligible airport development;
(C) flexible non-Federal matching requirements; and
(D) use of funds apportioned under section
47114 for the payment of principal and interest of terminal development for costs incurred before the date of the enactment of
this section.
(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.)
REFERENCES IN TEXT
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.
AMENDMENTS
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.
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set

(a) IN GENERAL.—The Secretary of Transportation shall carry out a pilot program at not
more than 10 public-use airports under which
the sponsors of such airports may use funds
made available under section 48103 for use at
such airports to carry out inherently low-emission vehicle activities. Notwithstanding any
other provision of this subchapter, inherently
low-emission vehicle activities shall for purposes of the pilot program be treated as eligible
for assistance under this subchapter.
(b) LOCATION IN AIR QUALITY NONATTAINMENT
AREAS.—
(1) IN GENERAL.—A public-use airport shall
be eligible for participation in the pilot program only if the airport is located in an air
quality nonattainment area (as defined in section 171(2) of the Clean Air Act (42 U.S.C.
7501(2)).
(2) SHORTAGE OF CANDIDATES.—If the Secretary receives an insufficient number of applications from public-use airports located in
such areas, then the Secretary may consider
applications from public-use airports that are
not located in such areas.
(c) SELECTION CRITERIA.—In selecting from
among applicants for participation in the pilot
program, the Secretary shall give priority consideration to applicants that will achieve the
greatest air quality benefits measured by the
amount of emissions reduced per dollar of funds
expended under the pilot program.
(d) UNITED STATES GOVERNMENT’S SHARE.—
Notwithstanding any other provision of this subchapter, the United States Government’s share
of the costs of a project carried out under the
pilot program shall be 50 percent.
(e) MAXIMUM AMOUNT.—Not more than
$2,000,000 may be expended under the pilot program at any single public-use airport.
(f) TECHNICAL ASSISTANCE.—
(1) IN GENERAL.—The sponsor of a public-use
airport carrying out inherently low-emission
vehicle activities under the pilot program may
use not more than 10 percent of the amounts
made available for expenditure at the airport
in a fiscal year under the pilot program to receive technical assistance in carrying out such
activities.
(2) ELIGIBLE CONSORTIUM.—To the maximum
extent practicable, participants in the pilot
program shall use an eligible consortium (as
defined in section 5506 1 of this title) in the region of the airport to receive technical assistance described in paragraph (1).
(g) MATERIALS IDENTIFYING BEST PRACTICES.—
The Administrator may develop and make available materials identifying best practices for carrying out low-emission vehicle activities based
on the projects carried out under the pilot program and other sources.
(h) REPORT TO CONGRESS.—Not later than 18
months after the date of the enactment of this
1 See

References in text note below.

Page 1097

§ 47137

TITLE 49—TRANSPORTATION

section, the Secretary shall transmit to the
Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the Senate a report containing—
(1) an evaluation of the effectiveness of the
pilot program;
(2) an identification of other public-use airports that expressed an interest in participating in the pilot program; and
(3) a description of the mechanisms used by
the Secretary to ensure that the information
and know-how gained by participants in the
pilot program is transferred among the participants and to other interested parties, including other public-use airports.
(i) INHERENTLY LOW-EMISSION VEHICLE ACTIVDEFINED.—In this section, the term ‘‘inherently low-emission vehicle activity’’ means—
(1) the construction of infrastructure or
modifications at public-use airports to enable
the delivery of fuel and services necessary for
the use of vehicles that are certified as inherently low-emission vehicles under title 40 of
the Code of Federal Regulations and that—
(A) operate exclusively on compressed natural gas, liquefied natural gas, liquefied petroleum gas, electricity, hydrogen, or a
blend at least 85 percent of which is methanol;
(B) are labeled in accordance with section
88.312–93(c) of such title; and
(C) are located or primarily used at publicuse airports;
ITY

(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 publicuse 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.)
REFERENCES IN TEXT
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.

EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set
out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 47137. Airport security program
(a) GENERAL AUTHORITY.—To improve security
at public airports in the United States, the Secretary of Transportation shall carry out not less
than one project to test and evaluate innovative
aviation security systems and related technology.
(b) PRIORITY.—In carrying out this section, the
Secretary shall give the highest priority to a request from an eligible sponsor for a grant to undertake a project that—
(1) evaluates and tests the benefits of innovative aviation security systems or related
technology, including explosives detection
systems, for the purpose of improving aviation
and aircraft physical security, access control,
and passenger and baggage screening; and
(2) provides testing and evaluation of airport
security systems and technology in an operational, testbed environment.
(c) MATCHING SHARE.—Notwithstanding section 47109, the United States Government’s
share of allowable project costs for a project
under this section shall be 100 percent.
(d) TERMS AND CONDITIONS.—The Secretary
may establish such terms and conditions as the
Secretary determines appropriate for carrying
out a project under this section, including terms
and conditions relating to the form and content
of a proposal for a project, project assurances,
and schedule of payments.
(e) ADMINISTRATION.—The Secretary, in cooperation with the Secretary of Homeland Security, shall administer the program authorized by
this section.
(f) ELIGIBLE SPONSOR DEFINED.—In this section, the term ‘‘eligible sponsor’’ means a nonprofit corporation composed of a consortium of
public and private persons, including a sponsor
of a primary airport, with the necessary engineering and technical expertise to successfully
conduct the testing and evaluation of airport
and aircraft related security systems.
(g) AUTHORIZATION OF APPROPRIATIONS.—Of the
amounts made available to the Secretary under
section 47115 in a fiscal year, the Secretary shall
make available not less than $5,000,000 for the
purpose of carrying out this section.
(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.)
AMENDMENTS
2003—Subsecs. (e) to (g). Pub. L. 108–176 added subsec.
(e) and redesignated former subsecs. (e) and (f) as (f)
and (g), respectively.
EFFECTIVE DATE OF 2003 AMENDMENT
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.
EFFECTIVE DATE
Section applicable only to fiscal years beginning
after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set

§ 47138

TITLE 49—TRANSPORTATION

out as an Effective Date of 2000 Amendments note
under section 106 of this title.

§ 47138. Pilot program for purchase of airport development rights
(a) IN GENERAL.—The Secretary of Transportation shall establish a pilot program to support
the purchase, by a State or political subdivision
of a State, of development rights associated
with, or directly affecting the use of, privately
owned public use airports located in that State.
Under the program, the Secretary may make a
grant to a State or political subdivision of a
State from funds apportioned under section
47114 for the purchase of such rights.
(b) GRANT REQUIREMENTS.—
(1) IN GENERAL.—The Secretary may not
make a grant under subsection (a) unless the
grant is made—
(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) MATCHING REQUIREMENT.—The amount of
a grant under the program may not exceed 90
percent of the costs of acquiring the development rights.
(c) GRANT STANDARDS.—The Secretary shall
prescribe standards for grants under subsection
(a), including—
(1) grant application and approval procedures; and
(2) requirements for the content of the instrument recording the purchase of the development rights.
(d) RELEASE OF PURCHASED RIGHTS AND COVENANT.—Any
development rights purchased
under the program shall remain the property of
the State or political subdivision unless the Secretary approves the transfer or disposal of the
development rights after making a determination that the transfer or disposal of that right is
in the public interest.
(e) LIMITATION.—The Secretary may not make
a grant under the pilot program for the purchase
of development rights at more than 10 airports.
(Added Pub. L. 108–176, title I, § 152(a), Dec. 12,
2003, 117 Stat. 2506.)
EFFECTIVE DATE
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.

§ 47139. Emission credits for air quality projects
(a) IN GENERAL.—The Administrator of the Environmental Protection Agency, in consultation
with the Secretary of Transportation, shall
issue guidance on how to ensure that airport
sponsors receive appropriate emission reduction
credits for carrying out projects described in

Page 1098

sections 40117(a)(3)(G), 47102(3)(F), 47102(3)(K),
and 47102(3)(L). Such guidance shall include, at a
minimum, the following conditions:
(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) ASSURANCE OF RECEIPT OF CREDITS.—As a
condition for making a grant for a project described in section 47102(3)(F), 47102(3)(K),
47102(3)(L), or 47140 or as a condition for granting approval to collect or use a passenger facility fee for a project described in section
40117(a)(3)(G), 47103(3)(F), 47102(3)(K), 47102(3)(L),
or 47140, the Secretary must receive assurance
from the State in which the project is located,
or from the Administrator of the Environmental
Protection Agency where there is a Federal implementation plan, that the airport sponsor will
receive appropriate emission credits in accordance with the conditions of this section.
(c) PREVIOUSLY APPROVED PROJECTS.—The Administrator of the Environmental Protection
Agency, in consultation with the Secretary,
shall determine how to provide appropriate
emissions credits to airport projects previously
approved under section 47136 consistent with the
guidance and conditions specified in subsection
(a).
(d) STATE AUTHORITY UNDER CAA.—Nothing in
this section shall be construed as overriding existing State law or regulation pursuant to section 116 of the Clean Air Act (42 U.S.C. 7416).
(Added Pub. L. 108–176, title I, § 158(a), Dec. 12,
2003, 117 Stat. 2508.)
REFERENCES IN TEXT
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.
EFFECTIVE DATE
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.

§ 47140. Airport ground support equipment emissions retrofit pilot program
(a) IN GENERAL.—The Secretary of Transportation shall carry out a pilot program at not
more than 10 commercial service airports under
which the sponsors of such airports may use an

Page 1099

TITLE 49—TRANSPORTATION

amount made available under section 48103 to
retrofit existing eligible airport ground support
equipment that burns conventional fuels to
achieve lower emissions utilizing emission control technologies certified or verified by the Environmental Protection Agency.
(b) LOCATION IN AIR QUALITY NONATTAINMENT
OR MAINTENANCE AREAS.—A commercial service
airport shall be eligible for participation in the
pilot program only if the airport is located in an
air quality nonattainment area (as defined in
section 171(2) of the Clean Air Act (42 U.S.C.
7501(2))) or a maintenance area referred to in
section 175A of such Act (42 U.S.C. 7505a).
(c) SELECTION CRITERIA.—In selecting from
among applicants for participation in the pilot
program, the Secretary shall give priority consideration to applicants that will achieve the
greatest air quality benefits measured by the
amount of emissions reduced per dollar of funds
expended under the pilot program.
(d) MAXIMUM AMOUNT.—Not more than $500,000
may be expended under the pilot program at any
single commercial service airport.
(e) GUIDELINES.—The Secretary, in consultation with the Administrator of the Environmental Protection Agency, shall establish
guidelines regarding the types of retrofit
projects eligible under the pilot program by considering remaining equipment useful life,
amounts of emission reduction in relation to the
cost of projects, and other factors necessary to
carry out this section. The Secretary may give
priority to ground support equipment owned by
the airport and used for airport purposes.
(f) ELIGIBLE EQUIPMENT DEFINED.—In this section, the term ‘‘eligible equipment’’ means
ground service or maintenance equipment that
is located at the airport, is used to support aeronautical and related activities at the airport,
and will remain in operation at the airport for
the life or useful life of the equipment, whichever is earlier.
(Added Pub. L. 108–176, title I, § 159(a)(1), Dec. 12,
2003, 117 Stat. 2509.)
EFFECTIVE DATE
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.

§ 47141

(2) the land use plan or project meets the requirements of this section.
(b) ELIGIBILITY.—In order to receive a grant
under this section, a State or unit of local government must—
(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) ASSURANCES.—The Secretary shall require
a State or unit of local government to which a
grant may be made under this section for a land
use plan or a project resulting from such plan to
provide—
(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

§ 47141. Compatible land use planning and
projects by State and local governments

(2) such other assurances as the Secretary
determines to be necessary to carry out this
section.

(a) IN GENERAL.—The Secretary of Transportation may make grants, from amounts set
aside under section 47117(e)(1)(A), to States and
units of local government for development and
implementation of land use compatibility plans
and implementation of land use compatibility
projects resulting from those plans for the purposes of making the use of land areas around
large hub airports and medium hub airports
compatible with aircraft operations. The Secretary may make a grant under this section for
a land use compatibility plan or a project resulting from such plan only if—
(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

(d) GUIDELINES.—The Secretary shall establish
guidelines to administer this section in accordance with the purposes and conditions described
in this section. The Secretary may require a
State or unit of local government to which a
grant may be made under this section to provide
progress reports and other information as the
Secretary determines to be necessary to carry
out this section.
(e) ELIGIBLE PROJECTS.—The Secretary may
approve a grant under this section to a State or
unit of local government for a project resulting
from a land use compatibility plan only if the
Secretary is satisfied that the project is consistent with the guidelines established by the Secretary under this section, the State or unit of
local government has provided the assurances

§ 47142

TITLE 49—TRANSPORTATION

required by this section, the State or unit of
local government has implemented (or has made
provision to implement) those elements of the
plan that are not eligible for Federal financial
assistance, and that the project is not inconsistent with applicable Federal Aviation Administration standards.
(f) SUNSET.—This section shall not be in effect
after January 31, 2012.
(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.)
AMENDMENTS
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’’.
EFFECTIVE DATE OF 2011 AMENDMENT
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.

Page 1100

EFFECTIVE DATE OF 2010 AMENDMENT
Amendment by Pub. L. 111–329 effective Jan.
see section 5(j) of Pub. L. 111–329, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–249 effective Oct.
see section 5(l) of Pub. L. 111–249, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–216 effective Aug.
see section 104(j) of Pub. L. 111–216, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–197 effective July
see section 5(j) of Pub. L. 111–197, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–161 effective May
see section 5(j) of Pub. L. 111–161, set out as
under section 40117 of this title.
Amendment by Pub. L. 111–153 effective Apr.
see section 5(j) of Pub. L. 111–153, set out as
under section 40117 of this title.

1, 2011,
a note
1, 2010,
a note
2, 2010,
a note
4, 2010,
a note
1, 2010,
a note
1, 2010,
a note

EFFECTIVE DATE OF 2009 AMENDMENT
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.
EFFECTIVE DATE OF 2008 AMENDMENT
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.
EFFECTIVE DATE
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.

§ 47142. Design-build contracting
(a) IN GENERAL.—The Administrator of the
Federal Aviation Administration may approve
an application of an airport sponsor under this
section to authorize the airport sponsor to
award a design-build contract using a selection
process permitted under applicable State or
local law if—
(1) the Administrator approves the application using criteria established by the Administrator;
(2) the design-build contract is in a form
that is approved by the Administrator;
(3) the Administrator is satisfied that the
contract will be executed pursuant to competitive procedures and contains a schematic design adequate for the Administrator to approve the grant;
(4) use of a design-build contract will be cost
effective and expedite the project;
(5) the Administrator is satisfied that there
will be no conflict of interest; and
(6) the Administrator is satisfied that the selection process will be as open, fair, and objective as the competitive bid system and that at
least 3 or more bids will be submitted for each
project under the selection process.
(b) REIMBURSEMENT OF COSTS.—The Administrator may reimburse an airport sponsor for design and construction costs incurred before a
grant is made pursuant to this section if the

Page 1101

§ 47151

TITLE 49—TRANSPORTATION

project is approved by the Administrator in advance and is carried out in accordance with all
administrative and statutory requirements that
would have been applicable under this chapter if
the project were carried out after a grant agreement had been executed.
(c) DESIGN-BUILD CONTRACT DEFINED.—In this
section, the term ‘‘design-build contract’’ means
an agreement that provides for both design and
construction of a project by a contractor.
(Added Pub. L. 108–176, title I, § 181(a), Dec. 12,
2003, 117 Stat. 2515.)
EFFECTIVE DATE
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.

SUBCHAPTER II—SURPLUS PROPERTY FOR
PUBLIC AIRPORTS

ecutive branch of the United States Government, such a department, agency, or instrumentality shall give priority consideration to a request made by a public agency (as defined in section 47102) for surplus property described in subsection (a) (other than real property that is subject to section 2687 of title 10, section 201 of the
Defense Authorization Amendments and Base
Closure and Realignment Act (10 U.S.C. 2687
note), or section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687
note)) for use at a public airport.
(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.)
HISTORICAL AND REVISION NOTES
Revised
Section
47151(a) ......

§ 47151. Authority to transfer an interest in surplus property
(a) GENERAL AUTHORITY.—Subject to sections
47152 and 47153 of this title, a department, agency, or instrumentality of the executive branch
of the United States Government or a wholly
owned Government corporation may convey to a
State, political subdivision of a State, or taxsupported organization any interest in surplus
property—
(1) that the Secretary of Transportation decides is—
(A) desirable for developing, improving,
operating, or maintaining a public airport
(as defined in section 47102 of this title);
(B) reasonably necessary to fulfill the immediate and foreseeable future requirements
for developing, improving, operating, or
maintaining a public airport; or
(C) needed for developing sources of revenue from nonaviation businesses at a public
airport; and
(2) if the Administrator of General Services
approves the conveyance and decides the interest is not best suited for industrial use.
(b) ENSURING COMPLIANCE.—Only the Secretary
may ensure compliance with an instrument conveying an interest in surplus property under this
subchapter. The Secretary may amend the instrument to correct the instrument or to make
the conveyance comply with law.
(c) DISPOSING OF INTERESTS NOT CONVEYED
UNDER THIS SUBCHAPTER.—An interest in surplus property that could be used at a public airport but that is not conveyed under this subchapter shall be disposed of under other applicable law.
(d) WAIVER OF CONDITION.—Before the Secretary may waive any condition imposed on an
interest in surplus property conveyed under subsection (a) that such interest be used for an
aeronautical purpose, the Secretary must provide notice to the public not less than 30 days
before waiving such condition.
(e) REQUESTS BY PUBLIC AGENCIES.—Except
with respect to a request made by another department, agency, or instrumentality of the ex-

Source (U.S. Code)
49 App.:1655(c)(1).

50 App.:1622(g)(1).

47151(b) ......

47151(c) ......

49 App.:1655(c)(1).
50 App.:1622b.

50 App.:1622(g)(5),
(6).

Source (Statutes at Large)
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.
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.
Oct. 1, 1949, ch. 589, § 3, 63
Stat. 700; Aug. 23, 1958,
Pub. L. 85–726, § 1402(c), 72
Stat. 807.
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 ‘‘(ex-

§ 47152

TITLE 49—TRANSPORTATION

clusive 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.
REFERENCES IN TEXT
Section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act, referred
to in subsec. (e), is section 201 of Pub. L. 100–526, which
is set out in a note under section 2687 of Title 10, Armed
Forces.
Section 2905 of the Defense Base Closure and Realignment Act of 1990, referred to in subsec. (e), is section
2905 of Pub. L. 101–510, which is set out in a note under
section 2687 of Title 10, Armed Forces.
AMENDMENTS
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).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
CONSTRUCTION OF 2000 AMENDMENT
Nothing in amendment by section 125(c) of Pub. L.
106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub.
L. 106–181, set out as a note under section 47107 of this
title.

§ 47152. Terms of conveyances
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.

Page 1102

(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 taxsupported 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 taxsupported 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.)

Page 1103

HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47152 ..........

§ 47153

TITLE 49—TRANSPORTATION

49 App.:1655(c)(1).

50 App.:1622(g)(2).

Source (Statutes at Large)
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.
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 taxsupported organization receiving the interest’’ are substituted for ‘‘grantee or transferee’’ for clarity. The
words ‘‘sold’’ and ‘‘disposed of under the authority of
this subsection’’ are omitted as surplus. In paragraph
(2), the words ‘‘transferred for airport purposes’’ are
omitted as surplus. In paragraph (3), before clause (A),
the words ‘‘For the purpose of this condition, an exclusive right is defined to mean’’ and ‘‘any exclusive right
to’’ are omitted because of the restatement. The words
‘‘exclusive’’ and ‘‘(either directly or indirectly)’’ are
omitted as surplus. The words ‘‘or persons’’ are omitted
because of 1:1. The words ‘‘disposed of’’ are omitted as
surplus. In clause (A), the word ‘‘particular’’ is omitted
as surplus. In paragraph (4), the words ‘‘removing, lowering, relocating, marking, or lighting or otherwise’’
and ‘‘the establishment or creation of’’ are omitted as
surplus. In paragraphs (5)–(7), the words ‘‘or used’’ are
omitted as surplus. In paragraph (5), before clause (A),
the words ‘‘exclusive or nonexclusive’’ and ‘‘as it may
desire’’ are omitted as surplus. In clause (A), the word
‘‘pay’’ is substituted for ‘‘be responsible for’’ to eliminate unnecessary words. The words ‘‘during the emergency’’ are substituted for ‘‘during the period of such
use, possession, or control’’ to eliminate unnecessary
words and for clarity. In clause (B), the words ‘‘be obligated to’’ are omitted as surplus. The words ‘‘during
the emergency’’ are added for clarity. In clause (C), the
words ‘‘exclusively or nonexclusively’’ are omitted as
surplus. In paragraph (6), before clause (A), the words
‘‘as may be determined at any time’’ are omitted as
surplus. In clause (B), the words ‘‘be obligated to’’ are
omitted as surplus. In paragraph (7), the words ‘‘The
State, political subdivision, or tax-supported organization accepting the interest’’ are substituted for ‘‘Any
public agency accepting a conveyance or transfer of
surplus property under the provisions of this subsection’’ to eliminate unnecessary words and for consistency in this section. The words ‘‘any and . . . it
may be under for restoration or other . . lease or
other’’ are omitted as surplus. The text of 50
App.:1622(g)(2)(G) (proviso) is omitted because 49
App.:1116 was repealed by section 52(a) of the Airport
and Airway Development Act of 1970 (Public Law
91–258, 84 Stat. 235). Paragraph (8) is substituted for 50
App.:1622(g)(2)(H) to eliminate unnecessary words.
AMENDMENTS
2000—Pub. L. 106–181 substituted ‘‘conveyances’’ for
‘‘gifts’’ in section catchline and ‘‘conveyance’’ for
‘‘gift’’ in introductory provisions.
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.

§ 47153. Waiving and adding terms
(a) GENERAL AUTHORITY.—(1) The Secretary of
Transportation may waive, without charge, a
term of a conveyance of an interest in property

under this subchapter if the Secretary decides
that—
(A) the property no longer serves the purpose for which it was conveyed; or
(B) the waiver will not prevent carrying out
the purpose for which the conveyance was
made and is necessary to advance the civil
aviation interests of the United States.
(2) The Secretary of Transportation shall
waive a term under paragraph (1) of this subsection on terms the Secretary considers necessary to protect or advance the civil aviation
interests of the United States.
(b) WAIVERS AND INCLUSION OF ADDITIONAL
TERMS ON REQUEST.—On request of the Secretary of Transportation or the Secretary of a
military department, a department, agency, or
instrumentality of the executive branch of the
United States Government or a wholly owned
Government corporation may waive a term required by section 47152 of this title or add another term if the appropriate Secretary decides
it is necessary to protect or advance the interests of the United States in civil aviation or for
national defense.
(c) PUBLIC NOTICE BEFORE WAIVER.—Notwithstanding subsections (a) and (b), before the Secretary may waive any term imposed under this
section that an interest in land be used for an
aeronautical purpose, the Secretary must provide notice to the public not less than 30 days
before waiving such term.
(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.)
HISTORICAL AND REVISION NOTES
Revised
Section
47153(a) ......

Source (U.S. Code)
49 App.:1655(c)(1).

50 App.:1622c.

47153(b) ......

49 App.:1655(c)(1).
50 App.:1622(g)(3).

Source (Statutes at Large)
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.
Oct. 1, 1949, ch. 589, § 4, 63
Stat. 700; Aug. 23, 1958,
Pub. L. 85–726, § 1402(c), 72
Stat. 807.
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

§ 47171

TITLE 49—TRANSPORTATION

the Army’’ are substituted for ‘‘Secretary of War’’ in
section 13(g)(3) of the Surplus Property Act of 1944 (ch.
479, 58 Stat. 765) because of section 205(a) of the National Security Act of 1947 (ch. 343, 61 Stat. 501). The
Secretary of the Air Force is included in ‘‘Secretary of
a military department’’ because of section 207(a) and (f)
of the National Security Act of 1947 (ch. 343, 61 Stat.
502, 503). The word ‘‘waive’’ is substituted for ‘‘omit
from the instrument of disposal’’ to eliminate unnecessary words and for consistency in this subchapter. The
words ‘‘conditions, reservations, and restrictions’’ are
omitted as surplus.
AMENDMENTS
2000—Subsec. (a)(1). Pub. L. 106–181, § 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).
EFFECTIVE DATE OF 2000 AMENDMENT
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of
Pub. L. 106–181, set out as a note under section 106 of
this title.
CONSTRUCTION OF 2000 AMENDMENT
Nothing in amendment by section 125(d) of Pub. L.
106–181 to be construed to authorize Secretary of Transportation to issue waiver or make a modification referred to in such amendment, see section 125(e) of Pub.
L. 106–181, set out as a note under section 47107 of this
title.

SUBCHAPTER III—AVIATION
DEVELOPMENT STREAMLINING
§ 47171. Expedited, coordinated environmental
review process
(a) AVIATION PROJECT REVIEW PROCESS.—The
Secretary of Transportation shall develop and
implement an expedited and coordinated environmental review process for airport capacity
enhancement projects at congested airports,
aviation safety projects, and aviation security
projects that—
(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) AVIATION PROJECTS SUBJECT TO A STREAMENVIRONMENTAL REVIEW PROCESS.—
(1) AIRPORT CAPACITY ENHANCEMENT PROJECTS
AT CONGESTED AIRPORTS.—An airport capacity
enhancement project at a congested airport
shall be subject to the coordinated and expe-

LINED

Page 1104

dited environmental review process requirements set forth in this section.
(2) AVIATION SAFETY AND AVIATION SECURITY
PROJECTS.—
(A) IN GENERAL.—The Administrator of the
Federal Aviation Administration may designate an aviation safety project or aviation
security project for priority environmental
review. The Administrator may not delegate
this designation authority. A designated
project shall be subject to the coordinated
and expedited environmental review process
requirements set forth in this section.
(B) PROJECT DESIGNATION CRITERIA.—The
Administrator shall establish guidelines for
the designation of an aviation safety project
or aviation security project for priority environmental review. Such guidelines shall
provide for consideration of—
(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) HIGH PRIORITY OF AND AGENCY PARTICIPACOORDINATED REVIEWS.—
(1) HIGH PRIORITY FOR ENVIRONMENTAL REVIEWS.—Each Federal agency with jurisdiction
over an environmental review, analysis, opinion, permit, license, or approval shall accord
any such review, analysis, opinion, permit, license, or approval involving an airport capacity enhancement project at a congested airport or a project designated under subsection
(b)(2) the highest possible priority and conduct
the review, analysis, opinion, permit, license,
or approval expeditiously.
(2) AGENCY PARTICIPATION.—Each Federal
agency described in subsection (d) shall formulate and implement administrative, policy,
and procedural mechanisms to enable the
agency to participate in the coordinated environmental review process under this section
and to ensure completion of environmental reviews, analyses, opinions, permits, licenses,
and approvals described in subsection (a) in a
timely and environmentally responsible manner.

TION IN

(d) IDENTIFICATION OF JURISDICTIONAL AGENCIES.—With respect to each airport capacity enhancement project at a congested airport or a
project designated under subsection (b)(2), the
Secretary shall identify, as soon as practicable,
all Federal and State agencies that may have jurisdiction over environmental-related matters
that may be affected by the project or may be
required by law to conduct an environmental-related review or analysis of the project or determine whether to issue an environmental-related
permit, license, or approval for the project.

Page 1105

§ 47171

TITLE 49—TRANSPORTATION

(e) STATE AUTHORITY.—Under a coordinated review process being implemented under this section by the Secretary with respect to a project
at an airport within the boundaries of a State,
the Governor of the State, consistent with State
law, may choose to participate in such process
and provide that all State agencies that have jurisdiction over environmental-related matters
that may be affected by the project or may be
required by law to conduct an environmental-related review or analysis of the project or determine whether to issue an environmental-related
permit, license, or approval for the project, be
subject to the process.
(f) MEMORANDUM OF UNDERSTANDING.—The
coordinated review process developed under this
section may be incorporated into a memorandum of understanding for a project between the
Secretary and the heads of other Federal and
State agencies identified under subsection (d)
with respect to the project and, if applicable,
the airport sponsor.
(g) USE OF INTERAGENCY ENVIRONMENTAL IMPACT STATEMENT TEAMS.—
(1) IN GENERAL.—The Secretary may utilize
an interagency environmental impact statement team to expedite and coordinate the
coordinated environmental review process for
a project under this section. When utilizing an
interagency environmental impact statement
team, the Secretary shall invite Federal,
State and Tribal agencies with jurisdiction by
law, and may invite such agencies with special
expertise, to participate on an interagency environmental impact statement team.
(2) RESPONSIBILITY OF INTERAGENCY ENVIRONMENTAL IMPACT STATEMENT TEAM.—Under a
coordinated environmental review process
being implemented under this section, the
interagency environmental impact statement
team shall assist the Federal Aviation Administration in the preparation of the environmental impact statement. To facilitate timely
and efficient environmental review, the team
shall agree on agency or Tribal points of contact, protocols for communication among
agencies, and deadlines for necessary actions
by each individual agency (including the review of environmental analyses, the conduct
of required consultation and coordination, and
the issuance of environmental opinions, licenses, permits, and approvals). The members
of the team may formalize their agreement in
a written memorandum.
(h) LEAD AGENCY RESPONSIBILITY.—The Federal Aviation Administration shall be the lead
agency for projects designated under subsection
(b)(2) and airport capacity enhancement projects
at congested airports and shall be responsible
for defining the scope and content of the environmental impact statement, consistent with
regulations issued by the Council on Environmental Quality. Any other Federal agency or
State agency that is participating in a coordinated environmental review process under this
section shall give substantial deference, to the
extent consistent with applicable law and policy, to the aviation expertise of the Federal
Aviation Administration.
(i) EFFECT OF FAILURE TO MEET DEADLINE.—
(1) NOTIFICATION OF CONGRESS AND CEQ.— If
the Secretary determines that a Federal agen-

cy, State agency, or airport sponsor that is
participating in a coordinated review process
under this section with respect to a project
has not met a deadline established under subsection (a)(3) for the project, the Secretary
shall notify, within 30 days of the date of such
determination, the Committee on Commerce,
Science, and Transportation of the Senate, the
Committee on Transportation and Infrastructure of the House of Representatives, the
Council on Environmental Quality, and the
agency or sponsor involved about the failure
to meet the deadline.
(2) AGENCY REPORT.—Not later than 30 days
after date of receipt of a notice under paragraph (1), the agency or sponsor involved shall
submit a report to the Secretary, the Committee on Transportation and Infrastructure of
the House of Representatives, the Committee
on Commerce, Science, and Transportation of
the Senate, and the Council on Environmental
Quality explaining why the agency or sponsor
did not meet the deadline and what actions it
intends to take to complete or issue the required review, analysis, opinion, permit, license, or approval.
(j) PURPOSE AND NEED.—For any environmental review, analysis, opinion, permit, license, or approval that must be issued or made
by a Federal or State agency that is participating in a coordinated review process under this
section and that requires an analysis of purpose
and need for the project, the agency, notwithstanding any other provision of law, shall be
bound by the project purpose and need as defined by the Secretary.
(k) ALTERNATIVES ANALYSIS.—The Secretary
shall determine the reasonable alternatives to
an airport capacity enhancement project at a
congested airport or a project designated under
subsection (b)(2). Any other Federal agency, or
State agency that is participating in a coordinated review process under this section with respect to the project shall consider only those alternatives to the project that the Secretary has
determined are reasonable.
(l) SOLICITATION AND CONSIDERATION OF COMMENTS.—In applying subsections (j) and (k), the
Secretary shall solicit and consider comments
from interested persons and governmental entities in accordance with the National Environmental Policy Act of 1969 (42 U.S.C. 4371 1 et
seq.).
(m) MONITORING BY TASK FORCE.—The Transportation Infrastructure Streamlining Task
Force, established by Executive Order 13274 (67
Fed. Reg. 59449; relating to environmental stewardship
and
transportation
infrastructure
project reviews), may monitor airport projects
that are subject to the coordinated review process under this section.
(Added Pub. L. 108–176, title III, § 304(a), Dec. 12,
2003, 117 Stat. 2534.)
REFERENCES IN TEXT
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
1 So

in original. Probably should be ‘‘4321’’.

§ 47172

TITLE 49—TRANSPORTATION

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.
EFFECTIVE DATE
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.
FINDINGS
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.’’
LIMITATIONS
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.’’
RELATIONSHIP TO OTHER REQUIREMENTS
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).’’

Page 1106

prescribing flight procedures to avoid or minimize potentially significant adverse noise impacts of an airport capacity enhancement
project at a congested airport that involves the
construction of new runways or the reconfiguration of existing runways during the environmental planning process for the project. If the
Administrator determines that noise mitigation
flight procedures are consistent with safe and efficient use of the navigable airspace, the Administrator may commit, at the request of the airport sponsor and in a manner consistent with
applicable Federal law, to prescribing such procedures in any record of decision approving the
project.
(b) MODIFICATION.—Notwithstanding any commitment by the Administrator under subsection
(a), the Administrator may initiate changes to
such procedures if necessary to maintain safety
and efficiency in light of new information or
changed circumstances.
(Added Pub. L. 108–176, title III, § 304(a), Dec. 12,
2003, 117 Stat. 2537.)
§ 47173. Airport funding of FAA staff
OF
SPONSOR-PROVIDED
(a)
ACCEPTANCE
FUNDS.—Notwithstanding any other provision of
law, the Administrator of the Federal Aviation
Administration may accept funds from an airport sponsor, including funds provided to the
sponsor under section 47114(c), to hire additional
staff or obtain the services of consultants in
order to facilitate the timely processing, review,
and completion of environmental activities associated with an airport development project.
(b) ADMINISTRATIVE PROVISION.—Instead of
payment from an airport sponsor from funds apportioned to the sponsor under section 47114, the
Administrator, with agreement of the sponsor,
may transfer funds that would otherwise be apportioned to the sponsor under section 47114 to
the account used by the Administrator for activities described in subsection (a).
(c) RECEIPTS CREDITED AS OFFSETTING COLLECTIONS.—Notwithstanding section 3302 of title 31,
any funds accepted under this section, except
funds transferred pursuant to subsection (b)—
(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) MAINTENANCE OF EFFORT.—No funds may be
accepted pursuant to subsection (a), or transferred pursuant to subsection (b), in any fiscal
year in which the Federal Aviation Administration does not allocate at least the amount it expended in fiscal year 2002 (excluding amounts accepted pursuant to section 337 of the Department of Transportation and Related Agencies
Appropriations Act, 2002 (115 Stat. 862)) for the
activities described in subsection (a).

§ 47172. Air traffic procedures for airport capacity enhancement projects at congested airports

(Added Pub. L. 108–176, title III, § 304(a), Dec. 12,
2003, 117 Stat. 2537.)

(a) IN GENERAL.—The Administrator of the
Federal Aviation Administration may consider

Section 337 of the Department of Transportation and
Related Agencies Appropriations Act, 2002, referred to

REFERENCES IN TEXT

Page 1107

in subsec. (d), is section 337 of Pub. L. 107–87, Dec. 18,
2001, 115 Stat. 862, which is not classified to the Code.

Sec.

§ 47174. Authorization of appropriations

47303.
47304.
47305.
47306.

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.)
§ 47175. Definitions
In this subchapter, the following definitions
apply:
(1) AIRPORT SPONSOR.—The term ‘‘airport
sponsor’’ has the meaning given the term
‘‘sponsor’’ under section 47102.
(2) CONGESTED AIRPORT.—The term ‘‘congested airport’’ means an airport that accounted for at least 1 percent of all delayed
aircraft operations in the United States in the
most recent year for which such data is available and an airport listed in table 1 of the Federal Aviation Administration’s Airport Capacity Benchmark Report 2001.
(3)
AIRPORT
CAPACITY
ENHANCEMENT
PROJECT.—The term ‘‘airport capacity enhancement project’’ means—
(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) AVIATION SAFETY PROJECT.—The term
‘‘aviation safety project’’ means an aviation
project that—
(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) AVIATION SECURITY PROJECT.—The term
‘‘aviation security project’’ means a security
project at an airport required by the Department of Homeland Security.
(6) FEDERAL AGENCY.—The term ‘‘Federal
agency’’ means a department or agency of the
United States Government.
(Added Pub. L. 108–176, title III, § 304(a), Dec. 12,
2003, 117 Stat. 2538.)
CHAPTER 473—INTERNATIONAL AIRPORT
FACILITIES
Sec.

47301.

Definitions.

§ 47301

TITLE 49—TRANSPORTATION
47302.

Providing airport and airway property in foreign territories.
Training foreign citizens.
Transfer of airport and airway property.
Administrative.
Criminal penalty.

§ 47301. Definitions
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.)
HISTORICAL AND REVISION NOTES
Revised
Section

Source (U.S. Code)

47301(1)–(3)

49 App.:1151.

47301(4) ......

(no source).

Source (Statutes at Large)
June 16, 1948, ch. 473, § 2, 62
Stat. 450; Aug. 23, 1958,
Pub. L. 85–726, § 1403, 72
Stat. 808.

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’’.