II 

109TH CONGRESS 

1ST SESSION S. 1786 

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. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 28, 2005 

Mr. LOTT (for himself, Mr. COCHRAN, Mr. VITTER, Ms. LANDRIEU, Mr. 

CORNYN, and Mr. BURNS) introduced the following bill; which was read 

twice, considered, read the third time, and passed 

A BILL 

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, 

3 SECTION 1. EMERGENCY USE OF GRANTS-IN-AID FOR AIR4 PORT IMPROVEMENTS FOR FISCAL YEARS 

5 2005 AND 2006. 

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

7 may make project grants under part B, subtitle VII, of 
2 

•S 1786 CPS 

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

2 unobligated after the date of enactment of this Act for 

3 fiscal years 2005 and 2006— 

4 (1) from apportioned funds under section 

5 47114 of that title apportioned to an airport de6 scribed in subsection (b)(1) or to a State in which 

7 such airport is located; or 

8 (2) from funds available for discretionary 

9 grants to such an airport under section 47115 of 

10 such title. 

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

12 may make grants under subsection (a) for— 

13 (1) emergency capital costs incurred by a public 

14 use airport in Louisiana, Mississippi, Alabama, or 

15 Texas that is listed in the Federal Aviation Adminis16 tration’s National Plan of Integrated Airport Sys17 tems of repairing or replacing public use facilities 

18 that have been damaged as a result of Hurricane 

19 Katrina or Hurricane Rita; and 

20 (2) emergency operating costs incurred by an 

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

22 Hurricane Katrina or Hurricane Rita. 

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

24 subsection (a), the Secretary shall give priority to— 
3 

•S 1786 CPS 

1 (1) airport development within the meaning of 

2 section 47102 of title 49, United States Code; 

3 (2) terminal development within the meaning of 

4 section 47110 of that title; 

5 (3) repair or replacement of other public use 

6 airport facilities; and 

7 (4) emergency operating costs incurred at pub8 lic use airports in Louisiana, Mississippi, Alabama, 

9 and Texas. 

10 (d) MODIFICATION OF CERTAIN OTHERWISE APPLI11 CABLE REQUIREMENTS.—For purposes of any grant au12 thorized by subsection (a)— 

13 (1) the Secretary may waive any otherwise ap14 plicable limitation on, or requirement for, grants 

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

16 47119 of title 49, United States Code, if the Sec17 retary determines that the waiver is necessary to re18 spond, in as timely and efficient a manner as pos19 sible, to the urgent needs of the region damaged by 

20 Hurricane Katrina or Hurricane Rita; 

21 (2) the United States Government’s share of al22 lowable project costs shall be 100 percent, notwith23 standing the provisions of section 47109 of that 

24 title; 
4 

•S 1786 CPS 

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

2 deemed to be an airport development project (within 

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

4 for the purpose of establishing priorities under sub5 section (c) of this section among projects to be fund6 ed by such grants; and 

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

8 considered, for the purpose of any other provision of 

9 law, to be a major Federal action significantly af10 fecting the quality of the human environment. 

Æ