109TH CONGRESS

1ST SESSION S. 1786

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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S 1786 ES

1 SECTION 1. EMERGENCY USE OF GRANTS-IN-AID FOR AIR2 PORT IMPROVEMENTS FOR FISCAL YEARS

3 2005 AND 2006.

4 (a) IN GENERAL.—The Secretary of Transportation

5 may make project grants under part B, subtitle VII, of

6 title 49, United States Code, from amounts that remain

7 unobligated after the date of enactment of this Act for

8 fiscal years 2005 and 2006—

9 (1) from apportioned funds under section

10 47114 of that title apportioned to an airport de11 scribed in subsection (b)(1) or to a State in which

12 such airport is located; or

13 (2) from funds available for discretionary

14 grants to such an airport under section 47115 of

15 such title.

16 (b) ELIGIBLE AIRPORTS AND USES.—The Secretary

17 may make grants under subsection (a) for—

18 (1) emergency capital costs incurred by a public

19 use airport in Louisiana, Mississippi, Alabama, or

20 Texas that is listed in the Federal Aviation Adminis21 tration’s National Plan of Integrated Airport Sys22 tems of repairing or replacing public use facilities

23 that have been damaged as a result of Hurricane

24 Katrina or Hurricane Rita; and
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1 (2) emergency operating costs incurred by an

2 airport described in paragraph (1) as a result of

3 Hurricane Katrina or Hurricane Rita.

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

5 subsection (a), the Secretary shall give priority to—

6 (1) airport development within the meaning of

7 section 47102 of title 49, United States Code;

8 (2) terminal development within the meaning of

9 section 47110 of that title;

10 (3) repair or replacement of other public use

11 airport facilities; and

12 (4) emergency operating costs incurred at pub13 lic use airports in Louisiana, Mississippi, Alabama,

14 and Texas.

15 (d) MODIFICATION OF CERTAIN OTHERWISE APPLI16 CABLE REQUIREMENTS.—For purposes of any grant au17 thorized by subsection (a)—

18 (1) the Secretary may waive any otherwise ap19 plicable limitation on, or requirement for, grants

20 under section 47102, 47107(a)(17), 47110, or

21 47119 of title 49, United States Code, if the Sec22 retary determines that the waiver is necessary to re23 spond, in as timely and efficient a manner as pos24 sible, to the urgent needs of the region damaged by

25 Hurricane Katrina or Hurricane Rita;
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1 (2) the United States Government’s share of al2 lowable project costs shall be 100 percent, notwith3 standing the provisions of section 47109 of that

4 title;

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

6 deemed to be an airport development project (within

7 the meaning of section 47102 of that title), except

8 for the purpose of establishing priorities under sub9 section (c) of this section among projects to be fund10 ed by such grants; and

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

12 considered, for the purpose of any other provision of

13 law, to be a major Federal action significantly af14 fecting the quality of the human environment.

Passed the Senate September 28, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 1786

AN ACT

To authorize the Secretary of Transportation to

Hurricanes Katrina and Rita.for repairs and costs related to damage fromgrants-in-aid under title 49, United States Code,make emergency airport improvement project