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‘‘(1) IN
GENERAL.—Notwithstanding section 
3302 of title 31, any fee authorized to be collected 
under this section shall— 
‘‘(A) be credited as offsetting collections to 
the account that finances the activities and 
services for which the fee is imposed; 
‘‘(B) be available for expenditure only to 
pay the costs of activities and services for which 
the fee is imposed; and 
‘‘(C) remain available until expended. 
‘‘(2) CONTINUING APPROPRIATIONS.—The Ad-
ministrator may continue to assess, collect, and 
spend fees established under this section during any 
period in which the funding for the Federal Aviation 
Administration is provided under an Act providing 
continuing appropriations in lieu of the Administra-
tion’s regular appropriations. 
‘‘(3) ADJUSTMENTS.—The Administrator shall 
periodically adjust the fees established by subsection 
(a) when cost data from the cost accounting system 
developed pursuant to section 45303(e) reveal that 
the cost of providing the service is higher or lower 
than the cost data that were used to establish the 
fee then in effect.’’. 
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(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 453 is amended by adding at the end the following: 
‘‘45305. Registration, certification, and related fees.’’. 
(c) FEES INVOLVING AIRCRAFT NOT PROVIDING AIR 
TRANSPORTATION.—Section 45302(e) is amended— 
(1) by striking ‘‘A fee’’ and inserting the fol-
lowing: 
‘‘(1) IN GENERAL.—A fee’’; and 
(2) by adding at the end the following: 
‘‘(2) EFFECT
OF
IMPOSITION
OF
OTHER 
FEES.—A fee may not be imposed for a service or 
activity under this section during any period in 
which a fee for the same service or activity is im-
posed under section 45305.’’. 
Subtitle D—AIP Modifications 
SEC. 131. AMENDMENTS TO AIP DEFINITIONS. 
(a) AIRPORT DEVELOPMENT.—Section 47102(3) is 
amended— 
(1) in subparagraph (B)(iv) by striking ‘‘20’’ 
and inserting ‘‘9’’; and 
(2) by adding at the end the following: 
‘‘(M) construction of mobile refueler park-
ing within a fuel farm at a nonprimary airport 
meeting the requirements of section 112.8 of 
title 40, Code of Federal Regulations. 
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‘‘(N) terminal development under section 
47119(a). 
‘‘(O) acquiring and installing facilities and 
equipment to provide air conditioning, heating, 
or electric power from terminal-based, non-ex-
clusive use facilities to aircraft parked at a pub-
lic use airport for the purpose of reducing en-
ergy use or harmful emissions as compared to 
the provision of such air conditioning, heating, 
or electric power from aircraft-based systems.’’. 
(b) AIRPORT
PLANNING.—Section 47102(5) is 
amended by inserting before the period at the end the fol-
lowing: ‘‘, developing an environmental management sys-
tem’’. 
(c) GENERAL AVIATION AIRPORT.—Section 47102 is 
amended— 
(1) by redesignating paragraphs (23) through 
(25) as paragraphs (25) through (27), respectively; 
(2) by redesignating paragraphs (8) through 
(22) as paragraphs (9) through (23), respectively; 
and 
(3) by inserting after paragraph (7) the fol-
lowing: 
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‘‘(8) ‘general aviation airport’ means a public 
airport that is located in a State and that, as deter-
mined by the Secretary— 
‘‘(A) does not have scheduled service; or 
‘‘(B) has scheduled service with less that 
2,500 passenger boardings each year.’’. 
(d) REVENUE PRODUCING AERONAUTICAL SUPPORT 
FACILITIES.—Section 47102 is amended by inserting 
after paragraph (23) (as redesignated by subsection (c)(2) 
of this section) the following: 
‘‘(24) ‘revenue producing aeronautical support 
facilities’ means fuel farms, hangar buildings, self- 
service credit card aeronautical fueling systems, air-
plane wash racks, major rehabilitation of a hangar 
owned by a sponsor, or other aeronautical support 
facilities that the Secretary determines will increase 
the revenue producing ability of the airport.’’. 
(e) TERMINAL DEVELOPMENT.—Section 47102 is 
further amended by adding at the end the following: 
‘‘(28) ‘terminal development’ means— 
‘‘(A) development of— 
‘‘(i) an airport passenger terminal 
building, including terminal gates; 
‘‘(ii) access roads servicing exclusively 
airport traffic that leads directly to or 
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from an airport passenger terminal build-
ing; and 
‘‘(iii) walkways that lead directly to or 
from an airport passenger terminal build-
ing; and 
‘‘(B) the cost of a vehicle described in sec-
tion 47119(a)(1)(B).’’. 
SEC. 132. SOLID WASTE RECYCLING PLANS. 
(a) AIRPORT
PLANNING.—Section 47102(5) (as 
amended by section 131(b) of this Act) is amended by in-
serting before the period at the end the following: ‘‘, and 
planning to minimize the generation of, and to recycle, air-
port solid waste in a manner that is consistent with appli-
cable State and local recycling laws’’. 
(b) MASTER PLAN.—Section 47106(a) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(4); 
(2) by striking the period at the end of para-
graph (5) and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(6) in any case in which the project is for an 
airport that has an airport master plan, the master 
plan addresses the feasibility of solid waste recycling 
at the airport and minimizing the generation of solid 
waste at the airport.’’. 
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SEC. 133. AMENDMENTS TO GRANT ASSURANCES. 
(a) 
GENERAL
WRITTEN
ASSURANCES.—Section 
47107(a)(16)(D)(ii) is amended by inserting before the 
semicolon at the end the following: ‘‘, except in the case 
of a relocation or replacement of an existing airport facil-
ity that meets the conditions of section 47110(d)’’. 
(b) WRITTEN ASSURANCES ON ACQUIRING LAND.— 
(1) 
USE
OF
PROCEEDS.—Section 
47107(c)(2)(A)(iii) is amended by striking ‘‘paid to 
the Secretary’’ and all that follows before the semi-
colon and inserting ‘‘reinvested in another project at 
the airport or transferred to another airport as the 
Secretary prescribes under paragraph (4)’’. 
(2) ELIGIBLE PROJECTS.—Section 47107(c) is 
amended by adding at the end the following: 
‘‘(4) PRIORITIES FOR REINVESTMENT.—In ap-
proving the reinvestment or transfer of proceeds 
under subsection (c)(2)(A)(iii), the Secretary shall 
give preference, in descending order, to the following 
actions: 
‘‘(A) Reinvestment in an approved noise 
compatibility project. 
‘‘(B) Reinvestment in an approved project 
that is eligible for funding under section 
47117(e). 
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‘‘(C) Reinvestment in an approved airport 
development project that is eligible for funding 
under section 47114, 47115, or 47117. 
‘‘(D) Transfer to a sponsor of another 
public airport to be reinvested in an approved 
noise compatibility project at such airport. 
‘‘(E) Payment to the Secretary for deposit 
in the Airport and Airway Trust Fund.’’. 
(c) 
CLERICAL
AMENDMENT.—Section 
47107(c)(2)(B)(iii) is amended by striking ‘‘the Fund’’ 
and inserting ‘‘the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code 
of 1986 (26 U.S.C. 9502)’’. 
SEC. 134. GOVERNMENT SHARE OF PROJECT COSTS. 
Section 47109 is amended— 
(1) in subsection (a) by striking ‘‘provided in 
subsection (b) or subsection (c) of this section’’ and 
inserting ‘‘otherwise specifically provided in this sec-
tion’’; and 
(2) by adding at the end the following: 
‘‘(e) SPECIAL RULE FOR TRANSITION FROM SMALL 
HUB TO MEDIUM HUB STATUS.—If the status of a small 
hub airport changes to a medium hub airport, the Govern-
ment’s share of allowable project costs for the airport may 
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not exceed 90 percent for the first 2 fiscal years following 
such change in hub status. 
‘‘(f) SPECIAL RULE FOR ECONOMICALLY DEPRESSED 
COMMUNITIES.—The Government’s share of allowable 
project costs shall be 95 percent for a project at an airport 
that— 
‘‘(1) is receiving subsidized air service under 
subchapter II of chapter 417; and 
‘‘(2) is located in an area that meets one or 
more of the criteria established in section 301(a) of 
the Public Works and Economic Development Act of 
1965 (42 U.S.C. 3161(a)), as determined by the 
Secretary of Commerce.’’. 
SEC. 135. AMENDMENTS TO ALLOWABLE COSTS. 
(a) 
ALLOWABLE
PROJECT
COSTS.—Section 
47110(b)(2)(D) is amended to read as follows: 
‘‘(D) if the cost is for airport development and 
is incurred before execution of the grant agreement, 
but in the same fiscal year as execution of the grant 
agreement, and if— 
‘‘(i) the cost was incurred before execution 
of the grant agreement due to the short con-
struction season in the vicinity of the airport; 
‘‘(ii) the cost is in accordance with an air-
port layout plan approved by the Secretary and 
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with all statutory and administrative require-
ments that would have been applicable to the 
project if the project had been carried out after 
execution of the grant agreement; 
‘‘(iii) the sponsor notifies the Secretary be-
fore authorizing work to commence on the 
project; and 
‘‘(iv) the sponsor’s decision to proceed with 
the project in advance of execution of the grant 
agreement does not affect the priority assigned 
to the project by the Secretary for the alloca-
tion of discretionary funds;’’. 
(b) RELOCATION OF AIRPORT-OWNED FACILITIES.— 
Section 47110(d) is amended to read as follows: 
‘‘(d) RELOCATION
OF
AIRPORT-OWNED
FACILI-
TIES.—The Secretary may determine that the costs of re-
locating or replacing an airport-owned facility are allow-
able for an airport development project at an airport only 
if— 
‘‘(1) the Government’s share of such costs will 
be paid with funds apportioned to the airport spon-
sor under section 47114(c)(1) or 47114(d); 
‘‘(2) the Secretary determines that the reloca-
tion or replacement is required due to a change in 
the Secretary’s design standards; and 
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‘‘(3) the Secretary determines that the change 
is beyond the control of the airport sponsor.’’. 
(c) NONPRIMARY AIRPORTS.—Section 47110(h) is 
amended— 
(1) by inserting ‘‘construction of’’ before ‘‘rev-
enue producing’’; and 
(2) by striking ‘‘, including fuel farms and 
hangars,’’. 
SEC. 136. PREFERENCE FOR SMALL BUSINESS CONCERNS 
OWNED AND CONTROLLED BY DISABLED 
VETERANS. 
Section 47112(c) is amended by adding at the end 
the following: 
‘‘(3) A contract involving labor for carrying out an 
airport development project under a grant agreement 
under this subchapter must require that a preference be 
given to the use of small business concerns (as defined 
in section 3 of the Small Business Act (15 U.S.C. 632)) 
owned and controlled by disabled veterans.’’. 
SEC. 137. AIRPORT DISADVANTAGED BUSINESS ENTER-
PRISE PROGRAM. 
(a) PURPOSE.—It is the purpose of the airport dis-
advantaged business program to ensure that minority- and 
women-owned businesses have a full and fair opportunity 
to compete in federally assisted airport contracts and con-
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(C) research compiling anecdotal reports of 
discrimination by individual minority and 
women business owners; 
(D) individual reports of discrimination by 
minority and women business owners and the 
organizations and individuals who represent mi-
nority and women business owners; 
(E) analyses demonstrating significant re-
ductions in the participation of minority and 
women businesses in jurisdictions that have re-
duced or eliminated their minority- and women- 
owned business programs; 
(F) statistical analyses showing significant 
disparities in the credit available to minority- 
and women-owned businesses; 
(G) research and statistical analyses dem-
onstrating how discrimination negatively im-
pacts firm formation, growth, and success; 
(H) experience of airports and other local-
ities demonstrating that race- and gender-neu-
tral efforts alone are insufficient to remedy dis-
crimination; and 
(I) other qualitative and quantitative evi-
dence of discrimination against minority- and 
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