‘‘(ii) the sponsor certifies that it will
pay not less than 10 percent of the cost of
the activities for which the sponsor is receiv-
ing assistance under this paragraph;
‘‘(iii) the Secretary affirmatively ac-
cepts the proposed contract tower into a
contract tower program under this section
and certifies that the Secretary will seek fu-
ture appropriations to pay the Federal
Aviation Administration’s cost of the con-
tract to operate the tower to be constructed
under this paragraph;
‘‘(iv) the sponsor certifies that it will
pay its share of the cost of the contract to
operate the tower to be constructed under
this paragraph; and
‘‘(v) in the case of a tower to be con-
structed 
under 
this 
paragraph 
from
amounts made available under section
47114(d)(2) or 47114(d)(3)(B), the Sec-
retary certifies that—
‘‘(I) the Federal Aviation Admin-
istration has consulted the State with-
in the borders of which the tower is to
be constructed and the State supports
the construction of the tower as part of
its State airport capital plan; and
‘‘(II) the selection of the tower for
funding is based on objective criteria,
giving no weight to any congressional
committee report, joint explanatory
statement of a conference committee, or
statutory designation.
‘‘(C) LIMITATION
ON
FEDERAL
SHARE.—
The Federal share of the cost of construction of
a nonapproach control tower under this para-
graph may not exceed $1,100,000.’’.
(b) CONFORMING AMENDMENTS.—Section 47124(b) of
such title is amended—
(1) in paragraph (3)(A) by striking ‘‘Level I air
traffic control towers, as defined by the Secretary,’’
and inserting ‘‘nonapproach control towers, as de-
fined by the Secretary,’’; and
(2) in paragraph (3)(E) by striking ‘‘Subject to
paragraph (4)(D), of’’ and inserting ‘‘Of’’.
(c) SAVINGS CLAUSE.—Notwithstanding the amend-
ments made by this section, the 2 towers for which assist-
ance is being provided on the day before the date of enact-
ment of this Act under section 47124(b)(4) of title 49,
United States Code, as in effect on such day, may continue
to be provided such assistance under the terms of such sec-
tion.
SEC. 4. NONAPPROACH CONTROL TOWERS.
(a) IN GENERAL.—The Administrator of the Federal
Aviation Administration may enter into a lease agreement
or contract agreement with a private entity to provide for
construction and operation of a nonapproach control tower
as defined by the Secretary of Transportation.
(b) TERMS AND CONDITIONS.—An agreement entered
into under this section—
(1) shall be negotiated under such procedures as
the Administrator considers necessary to ensure the
integrity of the selection process, the safety of air
travel, and to protect the interests of the United
States;
(2) may provide a lease option to the United
States, to be exercised at the discretion of the Admin-
istrator, to occupy any general-purpose space in a fa-
cility covered by the agreement;
(3) shall not require, unless specifically deter-
mined otherwise by the Administrator, Federal own-
ership of a facility covered under the agreement after
the expiration of the agreement;
(4) shall describe the consideration, duties, and
responsibilities for which the United States and the
private entity are responsible;
(5) shall provide that the United Sates will not
be liable for any action, debt, or liability of any enti-
ty created by the agreement;
(6) shall provide that the private entity may not
execute any instrument or document creating or evi-
dencing any indebtedness with respect to a facility
covered by the agreement unless such instrument or
document specifically disclaims any liability of the
United States under the instrument or document; and
(7) shall include such other terms and conditions
as the Administrator considers appropriate.
Union Calendar No. 296
107TH CONGRESS
2D SESSION
H. R. 1979
[Report No. 107–496]
A BILL
To amend title 49, United States Code, to provide
assistance for the construction of certain air traf-
fic control towers.
JUNE 6, 2002
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union,
and ordered to be printed