PUBLIC LAW 109–87—OCT. 7, 2005 119 STAT. 2059

Public Law 109–87

109th Congress

An Act

To authorize the Secretary of Transportation to make emergency airport improvement project grants-in-aid under title 49, United States Code, for repairs and

costs related to damage from Hurricanes Katrina and Rita.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. EMERGENCY USE OF GRANTS-IN-AID FOR AIRPORT

IMPROVEMENTS FOR FISCAL YEARS 2005 AND 2006.

(a) IN GENERAL.—The Secretary of Transportation may make

project grants under part B, subtitle VII, of title 49, United States

Code, from amounts that remain unobligated after the date of

enactment of this Act for fiscal years 2005 and 2006—

(1) from apportioned funds under section 47114 of that

title apportioned to an airport described in subsection (b)(1)

or to a State in which such airport is located; or

(2) from funds available for discretionary grants to such

an airport under section 47115 of such title.

(b) ELIGIBLE AIRPORTS AND USES.—The Secretary may make

grants under subsection (a) for—

(1) emergency capital costs incurred by a public use airport

in Louisiana, Mississippi, Alabama, or Texas that is listed

in the Federal Aviation Administration’s National Plan of

Integrated Airport Systems of repairing or replacing public

use facilities that have been damaged as a result of Hurricane

Katrina or Hurricane Rita; and

(2) emergency operating costs incurred by an airport

described in paragraph (1) as a result of Hurricane Katrina

or Hurricane Rita.

(c) PRIORITIES.—In making grants authorized by subsection

(a), the Secretary shall give priority to—

(1) airport development within the meaning of section

47102 of title 49, United States Code;

(2) terminal development within the meaning of section

47110 of that title;

(3) repair or replacement of other public use airport facilities; and

(4) emergency operating costs incurred at public use airports in Louisiana, Mississippi, Alabama, and Texas.

(d) MODIFICATION OF CERTAIN OTHERWISE APPLICABLE

REQUIREMENTS.—For purposes of any grant authorized by subsection (a)—

(1) the Secretary may waive any otherwise applicable

limitation on, or requirement for, grants under section 47102,

47107(a)(17), 47110, or 47119 of title 49, United States Code,

State listing.

Oct. 7, 2005

[S. 1786]

119 STAT. 2060 PUBLIC LAW 109–87—OCT. 7, 2005

LEGISLATIVE HISTORY—S. 1786:

CONGRESSIONAL RECORD, Vol. 151 (2005):

Sept. 28, considered and passed Senate.

Oct. 6, considered and passed House.

Æ

if the Secretary determines that the waiver is necessary to

respond, in as timely and efficient a manner as possible, to

the urgent needs of the region damaged by Hurricane Katrina

or Hurricane Rita;

(2) the United States Government’s share of allowable

project costs shall be 100 percent, notwithstanding the provisions of section 47109 of that title;

(3) any project funded by such a grant shall be deemed

to be an airport development project (within the meaning of

section 47102 of that title), except for the purpose of establishing priorities under subsection (c) of this section among

projects to be funded by such grants; and

(4) no project funded by such a grant may be considered,

for the purpose of any other provision of law, to be a major

Federal action significantly affecting the quality of the human

environment.

Approved October 7, 2005.