From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 3, 2006]
[CITE: 49USC47107]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART B--AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471--AIRPORT DEVELOPMENT
SUBCHAPTER I--AIRPORT IMPROVEMENT
Sec. 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
airport (including operations at established minimum flight
altitudes) will be cleared and protected by mitigating existing, and
preventing future, airport hazards;
(10) appropriate action, including the adoption of zoning laws,
has been or will be taken to the extent reasonable to restrict the
use of land next to or near the airport to uses that are compatible
with normal airport operations;
(11) each of the airport's facilities developed with financial
assistance from the United States Government and each of the
airport's facilities usable for the landing and taking off of
aircraft always will be available without charge for use by
Government aircraft in common with other aircraft, except that if
the use is substantial, the Government may be charged a reasonable
share, proportionate to the use, of the cost of operating and
maintaining the facility used;
(12) the airport owner or operator will provide, without charge
to the Government, property interests of the sponsor in land or
water areas or buildings that the Secretary decides are desirable
for, and that will be used for, constructing at Government expense,
facilities for carrying out activities related to air traffic
control or navigation;
(13) the airport owner or operator will maintain a schedule of
charges for use of facilities and services at the airport--
(A) that will make the airport as self-sustaining as
possible under the circumstances existing at the airport,
including volume of traffic and economy of collection; and
(B) without including in the rate base used for the charges
the Government's share of costs for any project for which a
grant is made under this subchapter or was made under the
Federal Airport Act or the Airport and Airway Development Act of
1970;
(14) the project accounts and records will be kept using a
standard system of accounting that the Secretary, after consulting
with appropriate public agencies, prescribes;
(15) the airport owner or operator will submit any annual or
special airport financial and operations reports to the Secretary
that the Secretary reasonably requests and make such reports
available to the public;
(16) the airport owner or operator will maintain a current
layout plan of the airport that meets the following requirements:
(A) the plan will be in a form the Secretary prescribes;
(B) the Secretary will approve the plan and any revision or
modification before the plan, revision, or modification takes
effect;
(C) the owner or operator will not make or allow any
alteration in the airport or any of its facilities if the
alteration does not comply with the plan the Secretary approves,
and the Secretary is of the opinion that the alteration may
affect adversely the safety, utility, or efficiency of the
airport; and
(D) when an alteration in the airport or its facility is
made that does not conform to the approved plan and that the
Secretary decides adversely affects the safety, utility, or
efficiency of any property on or off the airport that is owned,
leased, or financed by the Government, the owner or operator, if
requested by the Secretary, will--
(i) eliminate the adverse effect in a way the Secretary
approves; or
(ii) bear all cost of relocating the property or its
replacement to a site acceptable to the Secretary and of
restoring the property or its replacement to the level of
safety, utility, efficiency, and cost of operation that
existed before the alteration was made;
(17) each contract and subcontract for program management,
construction management, planning studies, feasibility studies,
architectural services, preliminary engineering, design,
engineering, surveying, mapping, and related services will be
awarded in the same way that a contract for architectural and
engineering services is negotiated under chapter 11 of title 40 or
an equivalent qualifications-based requirement prescribed for or by
the sponsor;
(18) the airport and each airport record will be available for
inspection by the Secretary on reasonable request, and a report of
the airport budget will be available to the public at reasonable
times and places;
(19) the airport owner or operator will submit to the Secretary
and make available to the public an annual report listing in
detail--
(A) all amounts paid by the airport to any other unit of
government and the purposes for which each such payment was
made; and
(B) all services and property provided to other units of
government and the amount of compensation received for provision
of each such service and property;
(20) the airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation
to have access to the airport, but the sponsor does not have any
obligation under this paragraph, or because of it, to fund special
facilities for intercity bus service or for other modes of
transportation; and
(21) if the airport owner or operator and a person who owns an
aircraft agree that a hangar is to be constructed at the airport for
the aircraft at the aircraft owner's expense, the airport owner or
operator will grant to the aircraft owner for the hangar a long-term
lease that is subject to such terms and conditions on the hangar as
the airport owner or operator may impose.
(b) Written Assurances on Use of Revenue.--(1) The Secretary of
Transportation may approve a project grant application under this
subchapter for an airport development project only if the Secretary
receives written assurances, satisfactory to the Secretary, that local
taxes on aviation fuel (except taxes in effect on December 30, 1987) and
the revenues generated by a public airport will be expended for the
capital or operating costs of--
(A) the airport;
(B) the local airport system; or
(C) other local facilities owned or operated by the airport
owner or operator and directly and substantially related to the air
transportation of passengers or property.
(2) Paragraph (1) of this subsection does not apply if a provision
enacted not later than September 2, 1982, in a law controlling financing
by the airport owner or operator, or a covenant or assurance in a debt
obligation issued not later than September 2, 1982, by the owner or
operator, provides that the revenues, including local taxes on aviation
fuel at public airports, from any of the facilities of the owner or
operator, including the airport, be used to support not only the airport
but also the general debt obligations or other facilities of the owner
or operator.
(3) This subsection does not prevent the use of a State tax on
aviation fuel to support a State aviation program or the use of airport
revenue on or off the airport for a noise mitigation purpose.
(c) Written Assurances on Acquiring Land.--(1) In this subsection,
land is needed for an airport purpose (except a noise compatibility
purpose) if--
(A)(i) the land may be needed for an aeronautical purpose
(including runway protection zone) or serves as noise buffer land;
and
(ii) revenue from interim uses of the land contributes to the
financial self-sufficiency of the airport; and
(B) for land purchased with a grant the owner or operator
received not later than December 30, 1987, the Secretary of
Transportation or the department, agency, or instrumentality of the
Government that made the grant was notified by the owner or operator
of the use of the land and did not object to the use and the land is
still being used for that purpose.
(2) The Secretary of Transportation may approve an application under
this subchapter for an airport development project grant only if the
Secretary receives written assurances, satisfactory to the Secretary,
that if an airport owner or operator has received or will receive a
grant for acquiring land and--
(A) if the land was or will be acquired for a noise
compatibility purpose--
(i) the owner or operator will dispose of the land at fair
market value at the earliest practicable time after the land no
longer is needed for a noise compatibility purpose;
(ii) the disposition will be subject to retaining or
reserving an interest in the land necessary to ensure that the
land will be used in a way that is compatible with noise levels
associated with operating the airport; and
(iii) the part of the proceeds from disposing of the land
that is proportional to the Government's share of the cost of
acquiring the land will be paid to the Secretary for deposit in
the Airport and Airway Trust Fund established under section 9502
of the Internal Revenue Code of 1986 (26 U.S.C. 9502) or, as the
Secretary prescribes, reinvested in an approved noise
compatibility project, including the purchase of nonresidential
buildings or property in the vicinity of residential buildings
or property previously purchased by the airport as part of a
noise compatibility program; or
(B) if the land was or will be acquired for an airport purpose
(except a noise compatibility purpose)--
(i) the owner or operator, when the land no longer is needed
for an airport purpose, will dispose of the land at fair market
value or make available to the Secretary an amount equal to the
Government's proportional share of the fair market value;
(ii) the disposition will be subject to retaining or
reserving an interest in the land necessary to ensure that the
land will be used in a way that is compatible with noise levels
associated with operating the airport; and
(iii) the part of the proceeds from disposing of the land
that is proportional to the Government's share of the cost of
acquiring the land will be reinvested, on application to the
Secretary, in another eligible airport development project the
Secretary approves under this subchapter or paid to the
Secretary for deposit in the Fund if another eligible project
does not exist.
(3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii) of
this subsection and deposited in the Airport and Airway Trust Fund are
available as provided in subsection (f) of this section.
(d) Assurances of Continuation as Public-Use Airport.--The Secretary
of Transportation may approve an application under this subchapter for
an airport development project grant for a privately owned public-use
airport only if the Secretary receives appropriate assurances that the
airport will continue to function as a public-use airport during the
economic life (that must be at least 10 years) of any facility at the
airport that was developed with Government financial assistance under
this subchapter.
(e) Written Assurances of Opportunities for Small Business
Concerns.--(1) The Secretary of Transportation may approve a project
grant application under this subchapter for an airport development
project only if the Secretary receives written assurances, satisfactory
to the Secretary, that the airport owner or operator will take necessary
action to ensure, to the maximum extent practicable, that at least 10
percent of all businesses at the airport selling consumer products or
providing consumer services to the public are small business concerns
(as defined by regulations of the Secretary) owned and controlled by a
socially and economically disadvantaged individual (as defined in
section 47113(a) of this title) or qualified HUBZone small business
concerns (as defined in section 3(p) of the Small Business Act).
(2) An airport owner or operator may meet the percentage goal of
paragraph (1) of this subsection by including any business operated
through a management contract or subcontract. The dollar amount of a
management contract or subcontract with a disadvantaged business
enterprise shall be added to the total participation by disadvantaged
business enterprises in airport concessions and to the base from which
the airport's percentage goal is calculated. The dollar amount of a
management contract or subcontract with a non-disadvantaged business
enterprise and the gross revenue of business activities to which the
management contract or subcontract pertains may not be added to this
base.
(3) Except as provided in paragraph (4) of this subsection, an
airport owner or operator may meet the percentage goal of paragraph (1)
of this subsection by including the purchase from disadvantaged business
enterprises of goods and services used in businesses conducted at the
airport, but the owner or operator and the businesses conducted at the
airport shall make good faith efforts to explore all available options
to achieve, to the maximum extent practicable, compliance with the goal
through direct ownership arrangements, including joint ventures and
franchises.
(4)(A) In complying with paragraph (1) of this subsection, an
airport owner or operator shall include the revenues of car rental firms
at the airport in the base from which the percentage goal in paragraph
(1) is calculated.
(B) An airport owner or operator may require a car rental firm to
meet a requirement under paragraph (1) of this subsection by purchasing
or leasing goods or services from a disadvantaged business enterprise.
If an owner or operator requires such a purchase or lease, a car rental
firm shall be permitted to meet the requirement by including purchases
or leases of vehicles from any vendor that qualifies as a small business
concern owned and controlled by a socially and economically
disadvantaged individual or as a qualified HUBZone small business
concern (as defined in section 3(p) of the Small Business Act).
(C) This subsection does not require a car rental firm to change its
corporate structure to provide for direct ownership arrangements to meet
the requirements of this subsection.
(5) This subsection does not preempt--
(A) a State or local law, regulation, or policy enacted by the
governing body of an airport owner or operator; or
(B) the authority of a State or local government or airport
owner or operator to adopt or enforce a law, regulation, or policy
related to disadvantaged business enterprises.
(6) An airport owner or operator may provide opportunities for a
small business concern owned and controlled by a socially and
economically disadvantaged individual or a qualified HUBZone small
business concern (as defined in section 3(p) of the Small Business Act)
to participate through direct contractual agreement with that concern.
(7) An air carrier that provides passenger or property-carrying
services or another business that conducts aeronautical activities at an
airport may not be included in the percentage goal of paragraph (1) of
this subsection for participation of small business concerns at the
airport.
(8) Not later than April 29, 1993, the Secretary of Transportation
shall prescribe regulations to carry out this subsection.
(f) Availability of Amounts.--An amount deposited in the Airport and
Airway Trust Fund under--
(1) subsection (c)(2)(A)(iii) of this section is available to
the Secretary of Transportation to make a grant for airport
development or airport planning under section 47104 of this title;
(2) subsection (c)(2)(B)(iii) of this section is available to
the Secretary--
(A) to make a grant for a purpose described in section
47115(b) of this title; and
(B) for use under section 47114(d)(2) of this title at
another airport in the State in which the land was disposed of
under subsection (c)(2)(B)(ii) of this section; and
(3) subsection (c)(2)(B)(iii) of this section is in addition to
an amount made available to the Secretary under section 48103 of
this title and not subject to apportionment under section 47114 of
this title.
(g) Ensuring Compliance.--(1) To ensure compliance with this
section, the Secretary of Transportation--
(A) shall prescribe requirements for sponsors that the Secretary
considers necessary; and
(B) may make a contract with a public agency.
(2) The Secretary of Transportation may approve an application for a
project grant only if the Secretary is satisfied that the requirements
prescribed under paragraph (1)(A) of this subsection have been or will
be met.
(h) Modifying Assurances and Requiring Compliance With Additional
Assurances.--
(1) In general.--Subject to paragraph (2), before modifying an
assurance required of a person receiving a grant under this
subchapter and in effect after December 29, 1987, or to require
compliance with an additional assurance from the person, the
Secretary of Transportation must--
(A) publish notice of the proposed modification in the
Federal Register; and
(B) provide an opportunity for comment on the proposal.
(2) Public notice before waiver of aeronautical land-use
assurance.--Before modifying an assurance under subsection (c)(2)(B)
that requires any property to be used for an aeronautical purpose,
the Secretary must provide notice to the public not less than 30
days before making such modification.
(i) Relief From Obligation To Provide Free Space.--When a sponsor
provides a property interest in a land or water area or a building that
the Secretary of Transportation uses to construct a facility at
Government expense, the Secretary may relieve the sponsor from an
obligation in a contract made under this chapter, the Airport and Airway
Development Act of 1970, or the Federal Airport Act to provide free
space to the Government in an airport building, to the extent the
Secretary finds that the free space no longer is needed to carry out
activities related to air traffic control or navigation.
(j) Use of Revenue in Hawaii.--(1) In this subsection--
(A) ``duty-free merchandise'' and ``duty-free sales enterprise''
have the same meanings given those terms in section 555(b)(8) of the
Tariff Act of 1930 (19 U.S.C. 1555(b)(8)).
(B) ``highway'' and ``Federal-aid system'' have the same
meanings given those terms in section 101(a) of title 23.
(2) Notwithstanding subsection (b)(1) of this section, Hawaii may
use, for a project for construction or reconstruction of a highway on a
Federal-aid system that is not more than 10 miles by road from an
airport and that will facilitate access to the airport, revenue from the
sales at off-airport locations in Hawaii of duty-free merchandise under
a contract between Hawaii and a duty-free sales enterprise. However, the
revenue resulting during a Hawaiian fiscal year may be used only if the
amount of the revenue, plus amounts Hawaii receives in the fiscal year
from all other sources for costs Hawaii incurs for operating all
airports it operates and for debt service related to capital projects
for the airports (including interest and amortization of principal
costs), is more than 150 percent of the projected costs for the fiscal
year.
(3)(A) Revenue from sales referred to in paragraph (2) of this
subsection in a Hawaiian fiscal year that Hawaii may use may not be more
than the amount that is greater than 150 percent as determined under
paragraph (2).
(B) The maximum amount of revenue Hawaii may use under paragraph (2)
of this subsection is $250,000,000.
(4) If a fee imposed or collected for rent, landing, or service from
an aircraft operator by an airport operated by Hawaii is increased
during the period from May 4, 1990, through December 31, 1994, by more
than the percentage change in the Consumer Price Index of All Urban
Consumers for Honolulu, Hawaii, that the Secretary of Labor publishes
during that period and if revenue derived from the fee increases because
the fee increased, the amount under paragraph (3)(B) of this subsection
shall be reduced by the amount of the projected revenue increase in the
period less the part of the increase attributable to changes in the
Index in the period.
(5) Hawaii shall determine costs, revenue, and projected revenue
increases referred to in this subsection and shall submit the
determinations to the Secretary of Transportation. A determination is
approved unless the Secretary disapproves it not later than 30 days
after it is submitted.
(6) Hawaii is not eligible for a grant under section 47115 of this
title in a fiscal year in which Hawaii uses under paragraph (2) of this
subsection revenue from sales referred to in paragraph (2). Hawaii shall
repay amounts it receives in a fiscal year under a grant it is not
eligible to receive because of this paragraph to the Secretary of
Transportation for deposit in the discretionary fund established under
section 47115.
(7)(A) This subsection applies only to revenue from sales referred
to in paragraph (2) of this subsection from May 5, 1990, through
December 30, 1994, and to amounts in the Airport Revenue Fund of Hawaii
that are attributable to revenue before May 4, 1990, on sales referred
to in paragraph (2).
(B) Revenue from sales referred to in paragraph (2) of this
subsection from May 5, 1990, through December 30, 1994, may be used
under paragraph (2) in any Hawaiian fiscal year, including a Hawaiian
fiscal year beginning after December 31, 1994.
(k) Annual Summaries of Financial Reports.--The Secretary shall
provide to the Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure of the
House of Representatives an annual summary of the reports submitted to
the Secretary under subsection (a)(19) of this section and under section
111(b) of the Federal Aviation Administration Authorization Act of 1994.
(l) Policies and Procedures To Ensure Enforcement Against Illegal
Diversion of Airport Revenue.--
(1) In general.--Not later than 90 days after August 23, 1994,
the Secretary of Transportation shall establish policies and
procedures that will assure the prompt and effective enforcement of
subsections (a)(13) and (b) of this section and grant assurances
made under such subsections. Such policies and procedures shall
recognize the exemption provision in subsection (b)(2) of this
section and shall respond to the information contained in the
reports of the Inspector General of the Department of Transportation
on airport revenue diversion and such other relevant information as
the Secretary may by law consider.
(2) Revenue diversion.--Policies and procedures to be
established pursuant to paragraph (1) of this subsection shall
prohibit, at a minimum, the diversion of airport revenues (except as
authorized under subsection (b) of this section) through--
(A) direct payments or indirect payments, other than
payments reflecting the value of services and facilities
provided to the airport;
(B) use of airport revenues for general economic
development, marketing, and promotional activities unrelated to
airports or airport systems;
(C) payments in lieu of taxes or other assessments that
exceed the value of services provided; or
(D) payments to compensate nonsponsoring governmental bodies
for lost tax revenues exceeding stated tax rates.
(3) Efforts to be self-sustaining.--With respect to subsection
(a)(13) of this section, policies and procedures to be established
pursuant to paragraph (1) of this subsection shall take into
account, at a minimum, whether owners and operators of airports,
when entering into new or revised agreements or otherwise
establishing rates, charges, and fees, have undertaken reasonable
efforts to make their particular airports as self-sustaining as
possible under the circumstances existing at such airports.
(4) Administrative safeguards.--Policies and procedures to be
established pursuant to paragraph (1) shall mandate internal
controls, auditing requirements, and increased levels of Department
of Transportation personnel sufficient to respond fully and promptly
to complaints received regarding possible violations of subsections
(a)(13) and (b) of this section and grant assurances made under such
subsections and to alert the Secretary to such possible violations.
(5) Statute of limitations.--In addition to the statute of
limitations specified in subsection (n)(7), with respect to project
grants made under this chapter--
(A) any request by a sponsor or any other governmental
entity to any airport for additional payments for services
conducted off of the airport or for reimbursement for capital
contributions or operating expenses shall be filed not later
than 6 years after the date on which the expense is incurred;
and
(B) any amount of airport funds that are used to make a
payment or reimbursement as described in subparagraph (A) after
the date specified in that subparagraph shall be considered to
be an illegal diversion of airport revenues that is subject to
subsection (n).
(m) 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).
(n) Recovery of Illegally Diverted Funds.--
(1) In general.--Not later than 180 days after the issuance of
an audit or any other report that identifies an illegal diversion of
airport revenues (as determined under subsections (b) and (l) and
section 47133), the Secretary, acting through the Administrator,
shall--
(A) review the audit or report;
(B) perform appropriate factfinding; and
(C) conduct a hearing and render a final determination
concerning whether the illegal diversion of airport revenues
asserted in the audit or report occurred.
(2) Notification.--Upon making such a finding, the Secretary,
acting through the Administrator, shall provide written notification
to the sponsor and the airport of--
(A) the finding; and
(B) the obligations of the sponsor to reimburse the airport
involved under this paragraph.
(3) Administrative action.--The Secretary may withhold any
amount from funds that would otherwise be made available to the
sponsor, including funds that would otherwise be made available to a
State, municipality, or political subdivision thereof (including any
multimodal transportation agency or transit authority of which the
sponsor is a member entity) as part of an apportionment or grant
made available pursuant to this title, if the sponsor--
(A) receives notification that the sponsor is required to
reimburse an airport; and
(B) has had an opportunity to reimburse the airport, but has
failed to do so.
(4) Civil action.--If a sponsor fails to pay an amount specified
under paragraph (3) during the 180-day period beginning on the date
of notification and the Secretary is unable to withhold a sufficient
amount under paragraph (3), the Secretary, acting through the
Administrator, may initiate a civil action under which the sponsor
shall be liable for civil penalty in an amount equal to the illegal
diversion in question plus interest (as determined under subsection
(o)).
(5) Disposition of penalties.--
(A) Amounts withheld.--The Secretary or the Administrator
shall transfer any amounts withheld under paragraph (3) to the
Airport and Airway Trust Fund.
(B) Civil penalties.--With respect to any amount collected
by a court in a civil action under paragraph (4), the court
shall cause to be transferred to the Airport and Airway Trust
Fund any amount collected as a civil penalty under paragraph
(4).
(6) Reimbursement.--The Secretary, acting through the
Administrator, shall, as soon as practicable after any amount is
collected from a sponsor under paragraph (4), cause to be
transferred from the Airport and Airway Trust Fund to an airport
affected by a diversion that is the subject of a civil action under
paragraph (4), reimbursement in an amount equal to the amount that
has been collected from the sponsor under paragraph (4) (including
any amount of interest calculated under subsection (o)).
(7) Statute of limitations.--No person may bring an action for
the recovery of funds illegally diverted in violation of this
section (as determined under subsections (b) and (l)) or section
47133 after the date that is 6 years after the date on which the
diversion occurred.
(o) Interest.--
(1) In general.--Except as provided in paragraph (2), the
Secretary, acting through the Administrator, shall charge a minimum
annual rate of interest on the amount of any illegal diversion of
revenues referred to in subsection (n) in an amount equal to the
average investment interest rate for tax and loan accounts of the
Department of the Treasury (as determined by the Secretary of the
Treasury) for the applicable calendar year, rounded to the nearest
whole percentage point.
(2) Adjustment of interest rates.--If, with respect to a
calendar quarter, the average investment interest rate for tax and
loan accounts of the Department of the Treasury exceeds the average
investment interest rate for the immediately preceding calendar
quarter, rounded to the nearest whole percentage point, the
Secretary of the Treasury may adjust the interest rate charged under
this subsection in a manner that reflects that change.
(3) Accrual.--Interest assessed under subsection (n) shall
accrue from the date of the actual illegal diversion of revenues
referred to in subsection (n).
(4) Determination of applicable rate.--The applicable rate of
interest charged under paragraph (1) shall--
(A) be the rate in effect on the date on which interest
begins to accrue under paragraph (3); and
(B) remain at a rate fixed under subparagraph (A) during the
duration of the indebtedness.
(p) Payment by Airport to Sponsor.--If, in the course of an audit or
other review conducted under this section, the Secretary or the
Administrator determines that an airport owes a sponsor funds as a
result of activities conducted by the sponsor or expenditures by the
sponsor for the benefit of the airport, interest on that amount shall be
determined in the same manner as provided in paragraphs (1) through (4)
of subsection (o), except that the amount of any interest assessed under
this subsection shall be determined from the date on which the Secretary
or the Administrator makes that determination.
(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 October 1, 2008.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1256; Pub. L. 103-
305, title I, Secs. 111(a), (c), 112(a), Aug. 23, 1994, 108 Stat. 1573,
1574; Pub. L. 104-264, title I, Sec. 143, title VIII, Sec. 805(a),
(b)(2), Oct. 9, 1996, 110 Stat. 3221, 3271, 3274; Pub. L. 104-287,
Sec. 5(9), (80), Oct. 11, 1996, 110 Stat. 3389, 3397; Pub. L. 105-135,
title VI, Sec. 604(h)(1), Dec. 2, 1997, 111 Stat. 2634; Pub. L. 106-181,
title I, Sec. 125(a), Apr. 5, 2000, 114 Stat. 75; Pub. L. 107-217,
Sec. 3(n)(7), Aug. 21, 2002, 116 Stat. 1303; Pub. L. 108-7, div. I,
title III, Sec. 321(a), Feb. 20, 2003, 117 Stat. 411; Pub. L. 108-11,
title II, Sec. 2702, Apr. 16, 2003, 117 Stat. 600; Pub. L. 108-176,
title I, Secs. 144, 164, 165, title IV, Sec. 424, Dec. 12, 2003, 117
Stat. 2503, 2513, 2514, 2554.)
Historical and Revision Notes
----------------------------------------------------------------------------------------------------------------
Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
47107(a).............................. 49 App.:2202(a)(6). Sept. 3, 1982, Pub. L. 97-248, Secs.
503(a)(6), 505(b)(2), 509(b)(1)(E),
511(a)(1)(B), (C), (2), (5)-(10), (b),
96 Stat. 673, 677, 683, 686, 687.
49 App.:2208(b)(1)(E) (related
to 49 App.:2210(a) (1)-(11),
(15), (16)).
49 App.:2210(a)(1)(A). Sept. 3, 1982, Pub. L. 97-248, Sec.
511(a)(1)(A), 96 Stat. 686; Dec. 30,
1987, Pub. L. 100-223, Sec. 109(a),
101 Stat. 1499.
49 App.:2210(a)(1)(B), (C),
(2).
49 App.:2210(a)(3). Sept. 3, 1982, Pub. L. 97-248, Sec.
511(a)(3), 96 Stat. 686; Dec. 30,
1987, Pub. L. 100-223, Sec. 109(b),
101 Stat. 1499.
49 App.:2210(a)(4). Sept. 3, 1982, Pub. L. 97-248, Sec.
511(a)(4), 96 Stat. 686; restated Dec.
30, 1987, Pub. L. 100-223, Sec.
109(c), 101 Stat. 1499.
49 App.:2210(a) (5)-(10).
49 App.:2210(a)(11). Sept. 3, 1982, Pub. L. 97-248, Sec.
511(a)(11), 96 Stat. 687; Oct. 31,
1992, Pub. L. 102-581, Sec. 113(a),
106 Stat. 4881.
49 App.:2210(a)(15). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 511(a)(15); added Dec. 30,
1987, Pub. L. 100-223, Sec. 109(f),
101 Stat. 1500.
49 App.:2210(a)(16). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 511(a)(16); added Dec. 30,
1987, Pub. L. 100-223, Sec. 109(g),
101 Stat. 1501.
47107(b)(1), (2)...................... 49 App.:2208(b)(1)(E) (related
to 49 App.:2210(a)(12)).
49 App.:2210(a)(12). Sept. 3, 1982, Pub. L. 97-248, Sec.
511(a)(12), 96 Stat. 687; restated
Dec. 30, 1987, Pub. L. 100-223, Sec.
109(d), 101 Stat. 1499.
47107(b)(3)........................... 49 App.:2210(d). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 511(d); added Dec. 30,
1987, Pub. L. 100-223, Sec. 109(i),
101 Stat. 1501.
47107(c)(1), (2)...................... 49 App.:2202(a)(24). Sept. 3, 1982, Pub. L. 97-248, Sec.
503(a)(24), 96 Stat. 674; Dec. 30,
1987, Pub. L. 100-223, Sec.
103(c)(1), 101 Stat. 1488.
49 App.:2208(b)(1)(E) (related
to 49 App.:2210(a)(13), (14)).
49 App.:2210(a)(13). Sept. 3, 1982, Pub. L. 97-248, Sec.
511(a)(13), 96 Stat. 688; restated
Dec. 30, 1987, Pub. L. 100-223, Sec.
109(e), 101 Stat. 1499.
49 App.:2210(a)(14). Sept. 3, 1982, Pub. L. 97-248, Sec.
511(a)(14), 96 Stat. 688; Dec. 30,
1987, Pub. L. 100-223, Sec. 109(e),
101 Stat. 1499; restated Dec. 15,
1989, Pub. L. 101-236, Sec. 4, 103
Stat. 2061.
47107(c)(3)........................... (no source).
47107(d).............................. 49 App.:2204(b)(2).
49 App.:2208(b)(1)(E) (related
to 49 App.:2204(b)(2)).
47107(e).............................. 49 App.:2208(b)(1)(E) (related
to 49 App.:2210(a)(17)).
49 App.:2210(a)(17). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 511(a)(17); added Dec. 30,
1987, Pub. L. 100-223, Sec. 109(h),
101 Stat. 1501; Oct. 31, 1992, Pub. L.
102-581, Sec. 117(a), 106 Stat. 4882.
49 App.:2210(h). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 511(h); added Oct. 31,
1992, Pub. L. 102-581, Sec. 117(b),
106 Stat. 4882.
49 App.:2210 (note). Oct. 31, 1992, Pub. L. 102-581, Sec.
117(d), 106 Stat. 4883.
47107(f).............................. 49 App.:2210(e). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 511(e); added Dec. 30,
1987, Pub. L. 100-223, Sec. 109(j),
101 Stat. 1501.
47107(g)(1)........................... 49 App.:2210(b) (1st, 2d
sentences).
47107(g)(2)........................... 49 App.:2208(b)(1)(E) (related
to 49 App.:2210(b)).
47107(h).............................. 49 App.:2210(f). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 511(f); added Dec. 30,
1987, Pub. L. 100-223, Sec. 109(k),
101 Stat. 1502.
47107(i).............................. 49 App.:2210(b) (last
sentence).
47107(j)(1)........................... 49 App.:2210(g)(4)(B), (D). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 511(g); added May 4, 1990,
Pub. L. 101-281, Sec. 2, 104 Stat.
164.
47107(j)(2)........................... 49 App.:2210(g)(1), (2)(B),
(4)(A), (C).
47107(j)(3)........................... 49 App.:2210(g)(2)(C), (D).
47107(j)(4)........................... 49 App.:2210(g)(2)(E).
47107(j)(5)........................... 49 App.:2210(g)(2)(F).
47107(j)(6)........................... 49 App.:2210(g)(2)(G).
47107(j) (7)(A)....................... 49 App.:2210(g)(2)(A).
47107(j) (7)(B)....................... 49 App.:2210(g)(3).
----------------------------------------------------------------------------------------------------------------
In subsection (a), before clause (1), the words ``may approve a
project grant application under this subchapter for an airport
development project only if'' are substituted for 49 App.:2208(b)(1)(E)
(related to 49 App.:2210(a)) and the words ``As a condition precedent to
approval of an airport development project contained in a project grant
application submitted under this chapter . . . shall'' in 49
App.:2210(a) for clarity and to eliminate unnecessary words. In clause
(1), the words ``to which the project relates'' and ``fair and'' are
omitted as surplus. In clause (2), before subclause (A), the words
``including the requirement that'' are omitted as unnecessary because of
the restatement. The words ``air carriers making similar use of the
airport'' are substituted for ``each air carrier using such airport
(whether as a tenant, nontenant, or subtenant of another air carrier
tenant) . . . all such air carriers which make similar use of such
airport'' to eliminate unnecessary words. The words ``and which utilize
similar facilities'' are omitted because of the definition of
``airport'' in section 47102 of the revised title. The words
``nondiscriminatory and'' and ``rates, fees, rentals, and other'' are
omitted as surplus. In subclause (B), before subclause (i), the words
``except for differences based on'' are substituted for ``subject to''
for clarity. In clause (3), the words ``airport operator'' are
substituted for ``airport'' for clarity and consistency in this chapter.
In clause (4), before subclause (A), the words ``a right given to only
one fixed-base operator to provide services at an airport'' are
substituted for ``the providing of services at an airport by a single
fixed-based operator'' for clarity. In subclause (B), the words ``the
airport operator or owner'' are substituted for ``such airport'' for
clarity and consistency in this subchapter. Clause (5) is substituted
for 49 App.:2210(a)(1)(B) for consistency and to eliminate unnecessary
words. In clause (6), the words ``allowed by the airport operator'' are
substituted for ``authorized by the airport or permitted by the
airport'' for clarity and consistency in this chapter and to eliminate
unnecessary words. In clause (9), the words ``operations at'' are added
for clarity. The words ``adequately'', ``removing, lowering, relocating,
marking, or lighting or otherwise'', and ``the establishment or creation
of'' are omitted as surplus. In clause (10), the word ``near'' is
substituted for ``in the immediate vicinity of'', and the word ``uses''
is substituted for ``activities and purposes'', to eliminate unnecessary
words. The words ``including landing and takeoff of aircraft'' are
omitted as surplus. In clause (12), the words ``property interests of
the sponsor in land or water areas or buildings'' are substituted for
``any areas of land or water, or estate therein, or rights in buildings
of the sponsor'' for consistency in the revised title and to eliminate
unnecessary words. The words ``necessary or'' are omitted as surplus.
The words ``for, and that will be used for, constructing . . .
facilities for carrying out activities related to air traffic control or
navigation'' are substituted for ``for use in connection with any air
traffic control or navigation activities, or weather-reporting and
communication activities related to air traffic control . . . for
construction . . . of space or facilities for such purposes'' to
eliminate unnecessary words. In clause (13), before subclause (A), the
words ``schedule of charges'' are substituted for ``fee and rental
structure'' for clarity and consistency in this chapter. In subclause
(A), the word ``particular'' is omitted as surplus. The word
``including'' is substituted for ``taking into account such factors as''
to eliminate unnecessary words. In subclause (B), the words ``fees,
rates, and'' are omitted as surplus. The words ``airport development or
airport planning'' are omitted because of the definition of ``project''
in section 47102 of the revised title. In clause (16), before subclause
(A), the words ``maintain . . . current'' are substituted for ``keep up
to date at all times'' to eliminate unnecessary words. In subclause (B),
the words ``be submitted to, and'' and ``amendment'' are omitted as
surplus. In subclauses (C) and (D), the words ``changes or'' and
``change or'', respectively, are omitted as surplus. In subclause
(D)(ii), the words ``was made'' are added for clarity. In clause (17),
the words ``with respect to the project'' are omitted as surplus. In
clause (18), the words ``duly authorized agent of'' are omitted because
of 49:322(b).
In subsection (b)(1), before clause (A), the words ``may approve a
project grant application under this subchapter for an airport
development project only if'' are substituted for 49 App.:2208(b)(1)(E)
(related to 49 App.:2210(a)(12)) and ``As a condition precedent to
approval of an airport development project contained in a project grant
application submitted under this chapter . . . shall'' in 49
App.:2210(a) for clarity and to eliminate unnecessary words. In clause
(C) the word ``actual'' is omitted as surplus.
In subsection (b)(2), the words ``Paragraph (1) of this subsection
does not apply'' are substituted for ``except that . . . then this
limitation on the use of all other revenues generated by the airport . .
. shall not apply'' to eliminate unnecessary words. The word ``law'' is
substituted for ``provisions . . . in governing statutes'' for
consistency in the revised title and to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words ``considered to
be'' are omitted as surplus. In clause (B), the words ``department,
agency, or instrumentality of the Government'' are substituted for
``Federal agency'' for consistency in the revised title and with other
titles of the United States Code.
In subsection (c)(2), before clause (A), the words ``may approve an
application under this subchapter for an airport development project
grant only if'' are substituted for 49 App.:2208(b)(1)(E) (related to 49
App.:2210(a)(13), (14)) and ``As a condition precedent to approval of an
airport development project contained in a project grant application
submitted under this chapter'' in 49 App.:2210(a) for clarity and to
eliminate unnecessary words. The words ``has received or will receive''
are substituted for ``before, on, or after December 30, 1987'' and
``before, on, or after December 31, 1987'' because of the restatement.
In clauses (A)(ii) and (B)(ii), the words ``or right'' and ``only'' are
omitted as surplus. In clause (A)(iii), the words ``at the discretion of
the Secretary'' in 49 App.:2210(a)(13)(C) are omitted as surplus. In
clause (B)(iii), the words ``under this subchapter'' are substituted for
``at that airport or within the national airport system'' for clarity
and to eliminate unnecessary words.
Subsection (c)(3) is added for clarity.
In subsection (d), the words ``may approve an application under this
subchapter for an airport development project grant . . . only if'' are
substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2204(b)(2))
and ``No obligation shall be incurred by the Secretary for airport
development . . . unless'' in 49 App.:2204(b) for clarity and to
eliminate unnecessary words.
In subsection (e)(1), the words ``may approve a project grant
application under this subchapter for an airport development project
only if'' are substituted for 49 App.:2208(b)(1)(E) (related to 49
App.:2210(a)(17)) and ``As a condition precedent to approval of an
airport development project contained in a project grant application
submitted under this chapter . . . shall'' for clarity and to eliminate
unnecessary words. The words ``food, beverages, printed materials, or
other'' and ``ground transportation, baggage carts, automobile rentals,
or other'' are omitted as surplus.
In subsection (e)(2)-(5), the words ``disadvantaged business
enterprise'' are substituted for ``DBE'' for clarity.
In subsection (e)(4), the words ``(as defined by the Secretary by
regulation)'' and ``(as defined under section 2204(d)(2)(B) of this
title)'' are omitted as unnecessary because of paragraph (1) of this
subsection.
In subsection (f)(2)(A), the words ``at the discretion of the
Secretary'' are omitted as surplus. The words ``at primary airports and
reliever airports'' are omitted as surplus because 49 App.:2206(c)(2),
restated in section 47115(c) of the revised title, involves only primary
and reliever airports.
In subsection (g)(1)(A), the words ``consistent with the terms of
this chapter'' are omitted as surplus.
In subsection (g)(1)(B), the words ``Among other steps to insure
such compliance'' and ``on behalf of the United States'' are omitted as
surplus.
In subsection (g)(2), the words ``by or . . . the authority of'' are
omitted as surplus.
In subsection (h), before clause (1), the words ``proposes to'' are
omitted as surplus. The word ``subchapter'' is substituted for ``Act''
in section 511(f) of the Airport and Airway Improvement Act of 1982, as
added by section 109(k) of the Airport and Airway Safety and Capacity
Expansion Act of 1987 (Public Law 100-223, 101 Stat. 1502), to correct a
mistake.
In subsection (i), the words ``a property interest in a land or
water area or a building that the Secretary of Transportation uses to
construct a facility'' are substituted for ``any area of land or water,
or estate therein, or rights in buildings of the sponsor and constructs
space or facilities thereon'' for consistency in this section.
In subsection (j)(2), the words ``the limitation on the use of
revenues generated by airports contained in'', ``located'', ``of
funds'', and ``(including revenues generated by such airports from other
sources, unrestricted cash on hand, and Federal funds made available
under this chapter for expenditure at such airports)'' are omitted as
surplus.
In subsection (j)(3)(A), the words ``amount that is greater than 150
percent as determined'' are substituted for ``amount of the excess
determined'' for clarity.
In subsection (j)(3)(B), the words ``in the aggregate'' are omitted
as surplus.
In subsection (j)(4), the word ``imposed'' is substituted for
``levied'' for consistency in the revised title and with other titles of
the Code. The words ``for the use of airport facilities'' and ``a
percentage which is'' are omitted as surplus. The words ``Secretary of
Labor'' are substituted for ``Bureau of Labor Statistics of the
Department of Labor'' because of 29:551 and 557.
In subsection (j)(5), the words ``from fee increases'' and ``for
approval'' are omitted as surplus.
References in Text
The Federal Airport Act, referred to in subsecs. (a)(13)(B) and (i),
is act May 13, 1946, ch. 251, 60 Stat. 170, as amended, which was
classified to chapter 14 (Sec. 1101 et seq.) of former Title 49,
Transportation, prior to repeal by Pub. L. 91-258, title I, Sec. 52(a),
May 21, 1970, 84 Stat. 235.
The Airport and Airway Development Act of 1970, referred to in
subsecs. (a)(13)(B) and (i), is title I of Pub. L. 91-258, May 21, 1970,
84 Stat. 219, as amended, which was classified principally to chapter 25
(Sec. 1701 et seq.) of former Title 49, Transportation. Sections 1
through 30 of title I of Pub. L. 91-258, which enacted sections 1701 to
1703, 1711 to 1713, and 1714 to 1730 of former Title 49, and a provision
set out as a note under section 1701 of former Title 49, were repealed
by Pub. L. 97-248, title V, Sec. 523(a), Sept. 3, 1982, 96 Stat. 695.
Sections 31, 51, 52(a), (b)(4), (6), (c), (d), and 53 of title I of Pub.
L. 91-258 were repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108
Stat. 1379, the first section of which enacted subtitles II, III, and V
to X of Title 49, Transportation. For complete classification of this
Act tot he Code, see Tables. For disposition of sections of former Title
49, see table at the beginning of Title 49.
Section 3(p) of the Small Business Act, referred to in subsec.
(e)(1), (4)(B), (6), is classified to section 632(p) of Title 15,
Commerce and Trade.
Section 111(b) of the Federal Aviation Administration Authorization
Act of 1994, referred to in subsec. (k), is section 111(b) of Pub. L.
103-305, which is set out below.
Amendments
2003--Subsec. (a)(21). Pub. L. 108-176, Sec. 165, added par. (21).
Subsec. (c)(2)(A)(iii). Pub. L. 108-176, Sec. 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, Sec. 144(a), inserted ``or any
other governmental entity'' after ``sponsor''.
Subsec. (m)(1). Pub. L. 108-176, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 604(h)(1)(A), inserted
before period at end ``or qualified HUBZone small business concerns (as
defined in section 3(p) of the Small Business Act)''.
Subsec. (e)(4)(B). Pub. L. 105-135, Sec. 604(h)(1)(B), which
directed the amendment of subpar. (B) by inserting before the period
``or as a qualified HUBZone small business concern (as defined in
section 3(p) of the Small Business Act)'', was executed by inserting the
material before period at end of last sentence to reflect the probable
intent of Congress.
Subsec. (e)(6). Pub. L. 105-135, Sec. 604(h)(1)(C), inserted ``or a
qualified HUBZone small business concern (as defined in section 3(p) of
the Small Business Act)'' after ``disadvantaged individual''.
1996--Subsec. (a)(20). Pub. L. 104-264, Sec. 143, added par. (20).
Subsec. (k). Pub. L. 104-287, Sec. 5(9), substituted
``Transportation and Infrastructure'' for ``Public Works and
Transportation''.
Subsec. (l)(1). Pub. L. 104-287, Sec. 5(80), substituted ``August
23, 1994'' for ``the date of the enactment of this subsection''.
Subsec. (l)(5). Pub. L. 104-264, Sec. 805(b)(2), added par. (5).
Subsecs. (m) to (p). Pub. L. 104-264, Sec. 805(a), added subsecs.
(m) to (p).
1994--Subsec. (a)(15). Pub. L. 103-305, Sec. 111(a)(1), inserted
before semicolon at end ``and make such reports available to the
public''.
Subsec. (a)(19). Pub. L. 103-305, Sec. 111(a)(2)-(4), added par.
(19).
Subsec. (k). Pub. L. 103-305, Sec. 111(c), added subsec. (k).
Subsec. (l). Pub. L. 103-305, Sec. 112(a), added subsec. (l).
Effective Date of 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, Sec. 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.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-135 effective Oct. 1, 1997, see section 3
of Pub. L. 105-135, set out as a note under section 631 of Title 15,
Commerce and Trade.
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by Pub. L. 104-
264 applicable only to fiscal years beginning after Sept. 30, 1996, and
not to be construed as affecting funds made available for a fiscal year
ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264, set out as
a note under section 106 of this title.
Construction of 2000 Amendment
Pub. L. 106-181, title I, Sec. 125(e), Apr. 5, 2000, 114 Stat. 76,
provided that: ``Nothing in any amendment made by this section [amending
this section and sections 47125, 47151, and 47153 of this title] shall
be construed to authorize the Secretary [of Transportation] to issue a
waiver or make a modification referred to in such amendment.''
Diversion of Airport Revenues for Claims Related to Certain Ceded Lands
Pub. L. 105-66, title III, Sec. 340, Oct. 27, 1997, 111 Stat. 1448,
provided that:
``(a) Findings.--The Congress finds that--
``(1) Congress has the authority under article I, section 8 of
the Constitution to regulate the air commerce of the United States;
``(2) section 47107 of title 49, United States Code, prohibits
the diversion of certain revenue generated by a public airport as a
condition of receiving a project grant;
``(3) a grant recipient that uses airport revenues for purposes
that are not airport-related in a manner inconsistent with chapter
471 of title 49, United States Code, illegally diverts airport
revenues;
``(4) illegal diversion of airport revenues undermines the
interest of the United States in promoting a strong national air
transportation system;
``(5) the policy of the United States that airports should be as
self-sustaining as possible and that revenues generated at airports
should not be diverted from airport purposes was stated by Congress
in 1982 and reaffirmed and strengthened in 1987, 1994, and 1996;
``(6) certain airports are constructed on lands that may have
belonged, at one time, to Native Americans, Native Hawaiians, or
Alaska Natives;
``(7) contrary to the prohibition against diverting airport
revenues from airport purposes under section 47107 of title 49,
United States Code, certain payments from airport revenues may have
been made for the betterment of Native Americans, Native Hawaiians,
or Alaska Natives based upon the claims related to lands ceded to
the United States;
``(8) Federal law prohibits diversions of airport revenues
obtained from any source whatsoever to occur in the future whether
related to claims for periods of time prior to or after the date of
enactment of this Act [Oct. 27, 1997]; and
``(9) because of the special circumstances surrounding such past
diversions of airport revenues for the betterment of Native
Americans, Native Hawaiians, or Alaska Natives, it is in the
national interest that amounts from airport revenues previously
received by any entity for the betterment of Native Americans,
Native Hawaiians, or Alaska Natives, as specified in subsection (b)
of this section, should not be subject to repayment.
``(b) Termination of Repayment Responsibility.--Notwithstanding the
provisions of [section] 47107 of title 49, United States Code, or any
other provision of law, monies paid for claims related to ceded lands
and diverted from airport revenues and received prior to April 1, 1996,
by any entity for the betterment of Native Americans, Native Hawaiians,
or Alaska Natives, shall not be subject to repayment.
``(c) Prohibition on Further Diversion.--There shall be no further
payment of airport revenues for claims related to ceded lands, whether
characterized as operating expenses, rent, or otherwise, and whether
related to claims for periods of time prior to or after the date of
enactment of this Act [Oct. 27, 1997].
``(d) Clarification.--Nothing in this Act [see Tables for
classification] shall be construed to affect any existing Federal
statutes, enactments, or trust obligations created thereunder, or any
statute of the several States that define the obligations of such States
to Native Americans, Native Hawaiians, or Alaska Natives in connection
with ceded lands, except to make clear that airport revenues may not be
used to satisfy such obligations.''
Findings and Purpose
Section 802 of title VIII of Pub. L. 104-264 provided that:
``(a) In General.--Congress finds that--
``(1) section 47107 of title 49, United States Code, prohibits
the diversion of certain revenue generated by a public airport as a
condition of receiving a project grant;
``(2) a grant recipient that uses airport revenue for purposes
that are not airport related in a manner inconsistent with chapter
471 of title 49, United States Code, illegally diverts airport
revenues;
``(3) any diversion of airport revenues in violation of the
condition referred to in paragraph (1) undermines the interest of
the United States in promoting a strong national air transportation
system that is responsive to the needs of airport users;
``(4) the Secretary and the Administrator have not enforced
airport revenue diversion rules adequately and must have additional
regulatory tools to increase enforcement efforts; and
``(5) sponsors who have been found to have illegally diverted
airport revenues--
``(A) have not reimbursed or made restitution to airports in
a timely manner; and
``(B) must be encouraged to do so.
``(b) Purpose.--The purpose of this title [see Short Title of 1996
Amendment note set out under section 40101 of this title] is to ensure
that airport users are not burdened with hidden taxation for unrelated
municipal services and activities by--
``(1) eliminating the ability of any State or political
subdivision thereof that is a recipient of a project grant to divert
airport revenues for purposes that are not related to an airport, in
violation of section 47107 of title 49, United States Code;
``(2) imposing financial reporting requirements that are
designed to identify instances of illegal diversions referred to in
paragraph (1);
``(3) establishing a statute of limitations for airport revenue
diversion actions;
``(4) clarifying limitations on revenue diversion that are
permitted under chapter 471 of title 49, United States Code; and
``(5) establishing clear penalties and enforcement mechanisms
for identifying and prosecuting airport revenue diversion.''
Definitions
Section 803 of title VIII of Pub. L. 104-264 provided that: ``For
purposes of this title [see Short Title of 1996 Amendment note set out
under section 40101 of this title], the following definitions apply:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Federal Aviation Administration.
``(2) Airport.--The term `airport' has the meaning provided that
term in section 47102(2) of title 49, United States Code.
``(3) Project grant.--The term `project grant' has the meaning
provided that term in section 47102(14) of title 49, United States
Code.
``(4) Secretary.--The term `Secretary' means the Secretary of
Transportation.
``(5) Sponsor.--The term `sponsor' has the meaning provided that
term in section 47102(19) of title 49, United States Code.''
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.''