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[109th Congress Public Law 87]
[From the U.S. Government Printing Office]

[DOCID: f:publ087.109]

[[Page 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. <<NOTE: Oct. 7, 2005 -  [S. 1786]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. <<NOTE: State listing.>> 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,

[[Page 119 STAT. 2060]]

        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.

LEGISLATIVE HISTORY--S. 1786:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 151 (2005):
            Sept. 28, considered and passed Senate.
            Oct. 6, considered and passed House.

                                  <all>
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