H. R. 1000—11
SEC. 105. PASSENGER FACILITY FEES.
(a) AUTHORITY TO IMPOSE HIGHER FEE.—Section 40117(b) is
amended by adding at the end the following:
‘‘(4) In lieu of authorizing a fee under paragraph (1), the Sec-
retary may authorize under this section an eligible agency to impose
a passenger facility fee of $4.00 or $4.50 on each paying passenger
of an air carrier or foreign air carrier boarding an aircraft at
an airport the agency controls to finance an eligible airport-related
project, including making payments for debt service on indebtedness
incurred to carry out the project, if the Secretary finds—
‘‘(A) in the case of an airport that has more than .25
percent of the total number of annual boardings in the United
States, that the project will make a significant contribution
to improving air safety and security, increasing competition
among air carriers, reducing current or anticipated congestion,
or reducing the impact of aviation noise on people living near
the airport; and
‘‘(B) that the project cannot be paid for from funds reason-
ably expected to be available for the programs referred to
in section 48103.’’.
(b) LIMITATION
ON APPROVAL
OF CERTAIN APPLICATIONS.—
Section 40117(d) is amended—
(1) by striking ‘‘and’’ at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(4) in the case of an application to impose a fee of more
than $3.00 for an eligible surface transportation or terminal
project, the agency has made adequate provision for financing
the airside needs of the airport, including runways, taxiways,
aprons, and aircraft gates.’’.
(c) 
REDUCING
APPORTIONMENTS.—Section 
47114(f ) 
is
amended—
(1) by striking ‘‘An amount’’ and inserting ‘‘(1) IN GEN-
ERAL.—Subject to paragraph (3), an amount’’;
(2) by striking ‘‘an amount equal to’’ and all that follows
through the period at the end and inserting the following:
‘‘an amount equal to—
‘‘(A) in the case of a fee of $3.00 or less, 50 percent
of the projected revenues from the fee in the fiscal year
but not by more than 50 percent of the amount that other-
wise would be apportioned under this section; and
‘‘(B) in the case of a fee of more than $3.00, 75 percent
of the projected revenues from the fee in the fiscal year
but not by more than 75 percent of the amount that other-
wise would be apportioned under this section.’’;
(3) by adding at the end the following:
‘‘(2) EFFECTIVE DATE OF REDUCTION.—A reduction in an
apportionment required by paragraph (1) shall not take effect
until the first fiscal year following the year in which the collec-
tion of the fee imposed under section 40117 is begun.
‘‘(3) SPECIAL RULE FOR TRANSITIONING AIRORTS.—
‘‘(A) IN GENERAL.—Beginning with the fiscal year fol-
lowing the first calendar year in which the sponsor of
an airport has more than .25 percent of the total number
of boardings in the United States, the sum of the amount
H. R. 1000—12
that would be apportioned under this section after applica-
tion of paragraph (1) in a fiscal year to such sponsor
and the projected revenues to be derived from the fee
in such fiscal year shall not be less than the sum of the
apportionment to such airport for the preceding fiscal year
and the revenues derived from such fee in the preceding
fiscal year.
‘‘(B) EFFECTIVE
PERIOD.—Subparagraph (A) shall be
in effect for fiscal years 2000 through 2003.’’; and
(4) by aligning paragraph (1) of such section (as designated
by paragraph (1) of this section) with paragraph (2) of such
section (as added by paragraph (3) of this section).
SEC. 106. FUNDING FOR AVIATION PROGRAMS.
(a) AUTHORIZATION OF APPROPRIATIONS.—
(1) AIRPORT AND AIRWAY TRUST FUND GUARANTEE.—
(A) IN
GENERAL.—The total budget resources made
available from the Airport and Airway Trust Fund each
fiscal year through fiscal year 2003 pursuant to sections
48101, 48102, 48103, and 106(k) of title 49, United States
Code, shall be equal to the level of receipts plus interest
credited to the Airport and Airway Trust Fund for that
fiscal year. Such amounts may be used only for aviation
investment programs listed in subsection (b).
(B) GUARANTEE.—No funds may be appropriated or
limited for aviation investment programs listed in sub-
section (b) unless the amount described in subparagraph
(A) has been provided.
(2) ADDITIONAL AUTHORIZATIONS OF APPROPRIATIONS FROM
THE GENERAL FUND.—In any fiscal year through fiscal year
2003, if the amount described in paragraph (1) is appropriated,
there is further authorized to be appropriated from the general
fund of the Treasury such sums as may be necessary for the
Federal Aviation Administration Operations account.
(b) DEFINITIONS.—In this section, the following definitions
apply:
(1) TOTAL
BUDGET
RESOURCES.—The term ‘‘total budget
resources’’ means the total amount made available from the
Airport and Airway Trust Fund for the sum of obligation limita-
tions and budget authority made available for a fiscal year
for the following budget accounts that are subject to the obliga-
tion limitation on contract authority provided in this Act and
for which appropriations are provided pursuant to authoriza-
tions contained in this Act:
(A) 69–8106–0–7–402 (Grants in Aid for Airports).
(B) 69–8107–0–7–402 (Facilities and Equipment).
(C) 69–8108–0–7–402 (Research and Development).
(D) 69–8104–0–7–402 (Trust Fund Share of Oper-
ations).
(2) LEVEL OF RECEIPTS PLUS INTEREST.—The term ‘‘level
of receipts plus interest’’ means the level of excise taxes and
interest credited to the Airport and Airway Trust Fund under
section 9502 of the Internal Revenue Code of 1986 for a fiscal
year as set forth in the President’s budget baseline projection
as defined in section 257 of the Balanced Budget and Emer-
gency Deficit Control Act of 1985 (Public Law 99–177) (Treasury
H. R. 1000—13
identification code 20–8103–0–7–402) for that fiscal year sub-
mitted pursuant to section 1105 of title 31, United States
Code.
(c) ENFORCEMENT OF GUARANTEES.—
(1) TOTAL AIRPORT AND AIRWAY TRUST FUND FUNDING.—
It shall not be in order in the House of Representatives or
the Senate to consider any bill, joint resolution, amendment,
motion, or conference report that would cause total budget
resources in a fiscal year for aviation investment programs
described in subsection (b) to be less than the amount required
by subsection (a)(1)(A) for such fiscal year.
(2) CAPITAL PRIORITY.—It shall not be in order in the House
of Representatives or the Senate to consider any bill, joint
resolution, amendment, motion, or conference report that pro-
vides an appropriation (or any amendment thereto) for any
fiscal year through fiscal year 2003 for Research and Develop-
ment or Operations if the sum of the obligation limitation
for Grants-in-Aid for Airports and the appropriation for Facili-
ties and Equipment for such fiscal year is below the sum
of the authorized levels for Grants-in-Aid for Airports and
for Facilities and Equipment for such fiscal year.
(d) CONFORMING AMENDMENT.—Section 48104 is amended—
(1) by striking ‘‘Except as provided in this section,’’ in
subsection (a); and
(2) by striking subsections (b) and (c).
SEC. 107. ADJUSTMENT TO AIP PROGRAM FUNDING.
(a) IN GENERAL.—Chapter 481 is amended by adding at the
end the following:
‘‘§ 48112. Adjustment to AIP program funding
‘‘On the effective date of a general appropriations Act providing
appropriations for a fiscal year beginning after September 30, 2000,
for the Federal Aviation Administration, the amount made available
for a fiscal year under section 48103 shall be increased by the
amount, if any, by which—
‘‘(1) the amount authorized to be appropriated under section
48101 for such fiscal year; exceeds
‘‘(2) the amounts appropriated for programs funded under
such section for such fiscal year.
Any contract authority made available by this section shall be
subject to an obligation limitation.’’.
(b) CONFORMING AMENDMENT.—The analysis for such chapter
is amended by adding at the end the following:
‘‘48112. Adjustment to AIP program funding.’’.
SEC. 108. REPROGRAMMING NOTIFICATION REQUIREMENT.
(a) IN GENERAL.—Chapter 481 is further amended by adding
at the end the following:
‘‘§ 48113. Reprogramming notification requirement
‘‘Before reprogramming any amounts appropriated under sec-
tion 106(k), 48101(a), or 48103, for which notification of the Commit-
tees on Appropriations of the Senate and the House of Representa-
tives is required, the Secretary of Transportation shall transmit
a written explanation of the proposed reprogramming to the Com-
mittee on Commerce, Science, and Transportation of the Senate
H. R. 1000—14
and the Committee on Transportation and Infrastructure of the
House of Representatives.’’.
(b) CONFORMING AMENDMENT.—The analysis for chapter 481
is amended by adding at the end the following:
‘‘48113. Reprogramming notification requirement.’’.
Subtitle B—Airport Development
SEC. 121. RUNWAY INCURSION PREVENTION DEVICES AND EMER-
GENCY CALL BOXES.
(a) POLICY.—Section 47101(a)(11) is amended by inserting
‘‘(including integrated in-pavement lighting systems for runways
and taxiways and other runway and taxiway incursion prevention
devices)’’ after ‘‘technology’’ the first place it appears.
(b) MAXIMUM USE OF SAFETY FACILITIES.—Section 47101(f ) is
amended—
(1) by striking ‘‘and’’ at the end of paragraph (9);
(2) by striking the period at the end of paragraph (10)
and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(11) runway and taxiway incursion prevention devices,
including integrated in-pavement lighting systems for runways
and taxiways.’’.
(c) INCLUSION OF UNIVERSAL ACCESS SYSTEMS AND EMERGENCY
CALL BOXES
AS AIRPORT DEVELOPMENT.—Section 47102(3)(B) is
amended—
(1) in clause (ii)—
(A) by striking ‘‘and universal access systems,’’ and
inserting ‘‘, universal access systems, and emergency call
boxes,’’; and
(B) by inserting ‘‘and integrated in-pavement lighting
systems for runways and taxiways and other runway and
taxiway incursion prevention devices’’ before the semicolon
at the end; and
(2) by inserting before the semicolon at the end of clause
(iii) the following: ‘‘, including closed circuit weather surveil-
lance equipment if the airport is located in Alaska’’.
SEC. 122. WINDSHEAR DETECTION EQUIPMENT AND ADJUSTABLE
LIGHTING EXTENSIONS.
Section 47102(3)(B) is amended—
(1) by striking ‘‘and’’ at the end of clause (v);
(2) by striking the period at the end of clause (vi) and
inserting a semicolon; and
(3) by adding at the end the following:
‘‘(vii) windshear detection equipment that is cer-
tified by the Administrator of the Federal Aviation
Administration;
‘‘(viii) stainless steel adjustable lighting extensions
approved by the Administrator; and’’.
SEC. 123. PAVEMENT MAINTENANCE.
(a) REPEAL OF PILOT PROGRAM.—
(1) IN GENERAL.—Section 47132 is repealed.
(2) CONFORMING AMENDMENT.—The analysis for chapter
471 is amended by striking the item relating to section 47132.
H. R. 1000—15
(b) ELIGIBILITY AS AIRPORT DEVELOPMENT.—Section 47102(3)
is amended by adding at the end the following:
‘‘(H) routine work to preserve and extend the useful
life of runways, taxiways, and aprons at airports that are
not primary airports, under guidelines issued by the
Administrator of the Federal Aviation Administration.’’.
SEC. 124. ENHANCED VISION TECHNOLOGIES.
(a) STUDY.—The Administrator shall enter into a cooperative
research and development agreement to study the benefits of uti-
lizing enhanced vision technologies to replace, enhance, or add
to conventional airport approach and runway lighting systems.
(b) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Administrator shall transmit to Congress
a progress report on the work accomplished under the cooperative
agreements detailing the evaluations performed to determine the
potential of enhanced vision technology to meet the operational
requirements of the intended application.
(c) CERTIFICATION.—Not later than 180 days after the conclu-
sion of work under the research agreements, the Administrator
shall transmit to Congress a report on the potential of enhanced
vision technology to satisfy the operational requirements of the
Federal Aviation Administration and a schedule for the development
of performance standards for certification appropriate to the applica-
tion of the enhanced vision technologies. If the Administrator cer-
tifies an enhanced vision technology as meeting such performance
standards, the technology shall be treated as a navigation aid
or other aid for purposes of section 47102(3)(B)(i) of title 49, United
States Code.
SEC. 125. PUBLIC NOTICE BEFORE WAIVER WITH RESPECT TO LAND.
(a) WAIVER
OF
GRANT
ASSURANCE.—Section 47107(h) is
amended to read as follows:
‘‘(h) MODIFYING ASSURANCES AND REQUIRING COMPLIANCE WITH
ADDITIONAL ASSURANCES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), before modi-
fying an assurance required of a person receiving a grant
under this subchapter and in effect after December 29, 1987,
or to require compliance with an additional assurance from
the person, the Secretary of Transportation must—
‘‘(A) publish notice of the proposed modification in the
Federal Register; and
‘‘(B) provide an opportunity for comment on the pro-
posal.
‘‘(2) PUBLIC NOTICE BEFORE WAIVER OF AERONAUTICAL LAND-
USE ASSURANCE.—Before modifying an assurance under sub-
section (c)(2)(B) that requires any property to be used for an
aeronautical purpose, the Secretary must provide notice to the
public not less than 30 days before making such modification.’’.
(b) WAIVER OF CONDITION ON CONVEYANCE OF LAND.—Section
47125(a) is amended by adding at the end the following: ‘‘Before
waiving a condition that property be used for an aeronautical pur-
pose under the preceding sentence, the Secretary must provide
notice to the public not less than 30 days before waiving such
condition.’’.
(c) SURPLUS PROPERTY.—Section 47151 is amended by adding
at the end the following:
H. R. 1000—16
‘‘(d) WAIVER OF CONDITION.—Before the Secretary may waive
any condition imposed on an interest in surplus property conveyed
under subsection (a) that such interest be used for an aeronautical
purpose, the Secretary must provide notice to the public not less
than 30 days before waiving such condition.’’.
(d) WAIVER OF CERTAIN TERM.—Section 47153 is amended by
adding at the end the following:
‘‘(c) PUBLIC NOTICE BEFORE WAIVER.—Notwithstanding sub-
sections (a) and (b), before the Secretary may waive any term
imposed under this section that an interest in land be used for
an aeronautical purpose, the Secretary must provide notice to the
public not less than 30 days before waiving such term.’’.
(e) LIMITATION.—Nothing in any amendment made by this sec-
tion shall be construed to authorize the Secretary to issue a waiver
or make a modification referred to in such amendment.
SEC. 126. MATCHING SHARE.
Section 47109(a) is amended—
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following:
‘‘(2) not more than 90 percent for a project funded by
a grant issued to and administered by a State under section
47128, relating to the State block grant program;’’.
SEC. 127. LETTERS OF INTENT.
Section 47110(e) is amended—
(1) by striking paragraph (2)(C) and inserting the following:
‘‘(C) that meets the criteria of section 47115(d) and, if
for a project at a commercial service airport having at least
0.25 percent of the boardings each year at all such airports,
the Secretary decides will enhance system-wide airport capacity
significantly.’’; and
(2) by striking paragraph (5) and inserting the following:
‘‘(5) LETTERS OF INTENT.—The Secretary may not require an
eligible agency to impose a passenger facility fee under section
40117 in order to obtain a letter of intent under this section.’’.
SEC. 128. GRANTS FROM SMALL AIRPORT FUND.
(a) SET-ASIDE FOR MEETING SAFETY TERMS IN AIRPORT OPER-
ATING CERTIFICATES.—Section 47116 is amended by adding at the
end the following:
‘‘(e) SET-ASIDE FOR MEETING SAFETY TERMS IN AIRPORT OPER-
ATING CERTIFICATES.—In the first fiscal year beginning after the
effective date of regulations issued to carry out section 44706(b)
with respect to airports described in section 44706(a)(2), and in
each of the next 4 fiscal years, the lesser of $15,000,000 or 20
percent of the amounts that would otherwise be distributed to
sponsors of airports under subsection (b)(2) shall be used to assist
the airports in meeting the terms established by the regulations.
If the Secretary publishes in the Federal Register a finding that
all the terms established by the regulations have been met, this
subsection shall cease to be effective as of the date of such publica-
tion.’’.
(b) NOTIFICATION OF SOURCE OF GRANT.—Section 47116 is fur-
ther amended by adding at the end the following:
‘‘(f ) NOTIFICATION OF SOURCE OF GRANT.—Whenever the Sec-
retary makes a grant under this section, the Secretary shall notify
H. R. 1000—17
the recipient of the grant, in writing, that the source of the grant
is from the small airport fund.’’.
(c) TECHNICAL AMENDMENTS.—Section 47116(d) is amended—
(1) by striking ‘‘In making’’ and inserting the following:
‘‘(1) CONSTRUCTION OF NEW RUNWAYS.—In making’’;
(2) by adding at the end the following:
‘‘(2) AIRPORT
DEVELOPMENT
FOR
TURBINE
POWERED
AIR-
CRAFT.—In making grants to sponsors described in subsection
(b)(1), the Secretary shall give priority consideration to airport
development projects to support operations by turbine powered
aircraft if the non-Federal share of the project is at least
40 percent.’’; and
(3) by aligning the remainder of paragraph (1) (as des-
ignated by paragraph (1) of this subsection) with paragraph
(2) (as added by paragraph (2) of this subsection).
SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS.
Section 47117(f ) (as redesignated by section 104(g) of this Act)
is amended to read as follows:
‘‘(f ) DISCRETIONARY USE OF APPORTIONMENTS.—
‘‘(1) IN GENERAL.—Subject to paragraph (2), if the Secretary
finds that all or part of an amount of an apportionment under
section 47114 is not required during a fiscal year to fund
a grant for which the apportionment may be used, the Secretary
may use during such fiscal year the amount not so required
to make grants for any purpose for which grants may be made
under section 48103. The finding may be based on the notifica-
tions that the Secretary receives under section 47105(f ) or
on other information received from airport sponsors.
‘‘(2) RESTORATION OF APPORTIONMENTS.—
‘‘(A) IN GENERAL.—If the fiscal year for which a finding
is made under paragraph (1) with respect to an apportion-
ment is not the last fiscal year of availability of the appor-
tionment under subsection (b), the Secretary shall restore
to the apportionment an amount equal to the amount of
the apportionment used under paragraph (1) for a discre-
tionary grant whenever a sufficient amount is made avail-
able under section 48103.
‘‘(B) PERIOD OF AVAILABILITY.—If restoration under this
paragraph is made in the fiscal year for which the finding
is made or the succeeding fiscal year, the amount restored
shall be subject to the original period of availability of
the apportionment under subsection (b). If the restoration
is made thereafter, the amount restored shall remain avail-
able in accordance with subsection (b) for the original
period of availability of the apportionment plus the number
of fiscal years during which a sufficient amount was not
available for the restoration.
‘‘(3) NEWLY AVAILABLE AMOUNTS.—
‘‘(A) RESTORED
AMOUNTS
TO
BE
UNAVAILABLE
FOR
DISCRETIONARY
GRANTS.—Of an amount newly available
under section 48103 of this title, an amount equal to the
amounts restored under paragraph (2) shall not be avail-
able for discretionary grant obligations under section
47115.
‘‘(B) USE OF REMAINING AMOUNTS.—Subparagraph (A)
does not impair the Secretary’s authority under paragraph
H. R. 1000—18
(1), after a restoration under paragraph (2), to apply all
or part of a restored amount that is not required to fund
a grant under an apportionment to fund discretionary
grants.
‘‘(4) LIMITATIONS ON OBLIGATIONS APPLY.—Nothing in this
subsection shall be construed to authorize the Secretary to
incur grant obligations under section 47104 for a fiscal year
in an amount greater than the amount made available under
section 48103 for such obligations for such fiscal year.’’.
SEC. 130. DESIGNATING CURRENT AND FORMER MILITARY AIRPORTS.
(a) IN GENERAL.—Section 47118 is amended—
(1) in subsection (a)—
(A) by striking ‘‘12’’ and inserting ‘‘15’’; and
(B) by striking paragraph (2) and inserting the fol-
lowing:
‘‘(2) the airport is a military installation with both military
and civil aircraft operations.’’;
(2) by striking subsection (c) and inserting the following:
‘‘(c) CONSIDERATIONS.—In carrying out this section, the Sec-
retary shall consider only current or former military airports for
designation 
under 
this 
section 
if 
a 
grant 
under 
section
47117(e)(1)(B) would—
‘‘(1) reduce delays at an airport with more than 20,000
hours of annual delays in commercial passenger aircraft take-
offs and landings; or
‘‘(2) enhance airport and air traffic control system capacity
in a metropolitan area or reduce current and projected flight
delays.’’;
(3) in subsection (d)—
(A) 
by 
striking 
‘‘47117(e)(1)(E)’’ 
and 
inserting
‘‘47117(e)(1)(B)’’;
(B) by striking ‘‘5-fiscal-year periods’’ and inserting
‘‘periods, each not to exceed 5 fiscal years,’’; and
(C) by striking ‘‘each such subsequent 5-fiscal-year
period’’ and inserting ‘‘each such subsequent period’’; and
(4) by adding at the end the following:
‘‘(g) DESIGNATION OF GENERAL AVIATION AIRPORT.—Notwith-
standing any other provision of this section, one of the airports
bearing a designation under subsection (a) may be a general avia-
tion airport that was a former military installation closed or
realigned under a section referred to in subsection (a)(1).’’.
(b) TERMINAL
BUILDING
FACILITIES.—Section 47118(e) is
amended by striking ‘‘$5,000,000’’ and inserting ‘‘$7,000,000’’.
(c) ELIGIBILITY OF AIR CARGO TERMINALS.—Section 47118(f )
is amended—
(1) in subsection heading by striking ‘‘AND HANGARS’’ and
inserting ‘‘HANGARS, AND AIR CARGO TERMINALS’’;
(2) by striking ‘‘$4,000,000’’ and inserting ‘‘$7,000,000’’; and
(3) by inserting after ‘‘hangars’’ the following: ‘‘and air
cargo terminals of an area that is 50,000 square feet or less’’.
SEC. 131. CONTRACT TOWER COST-SHARING.
Section 47124(b) is amended by adding at the end the following:
‘‘(3) CONTRACT
AIR
TRAFFIC
CONTROL
TOWER
PILOT
PRO-
GRAM.—
‘‘(A) IN GENERAL.—The Secretary shall establish a pilot
program to contract for air traffic control services at Level
H. R. 1000—19
I air traffic control towers, as defined by the Secretary,
that do not qualify for the contract tower program estab-
lished under subsection (a) and continued under paragraph
(1) (in this paragraph referred to as the ‘Contract Tower
Program’).
‘‘(B) PROGRAM COMPONENTS.—In carrying out the pilot
program, the Secretary shall—
‘‘(i) utilize for purposes of cost-benefit analyses,
current, actual, site-specific data, forecast estimates,
or airport master plan data provided by a facility owner
or operator and verified by the Secretary; and
‘‘(ii) approve for participation only facilities willing
to fund a pro rata share of the operating costs of
the air traffic control tower to achieve a 1-to-1 benefit-
to-cost ratio using actual site-specific contract tower
operating costs in any case in which there is an oper-
ating air traffic control tower, as required for eligibility
under the Contract Tower Program.
‘‘(C) PRIORITY.—In selecting facilities to participate in
the pilot program, the Secretary shall give priority to the
following facilities:
‘‘(i) Air traffic control towers that are participating
in the Contract Tower Program but have been notified
that they will be terminated from such program
because the Secretary has determined that the benefit-
to-cost ratio for their continuation in such program
is less than 1.0.
‘‘(ii) Air traffic control towers that the Secretary
determines have a benefit-to-cost ratio of at least .50.
‘‘(iii) Air traffic control towers of the Federal Avia-
tion Administration that are closed as a result of the
air traffic controllers strike in 1981.
‘‘(iv) Air traffic control towers located at airports
or points at which an air carrier is receiving compensa-
tion under the essential air service program under
this chapter.
‘‘(v) Air traffic control towers located at airports
that are prepared to assume partial responsibility for
maintenance costs.
‘‘(vi) Air traffic control towers located at airports
with safety or operational problems related to topog-
raphy, weather, runway configuration, or mix of air-
craft.
‘‘(vii) Air traffic control towers located at an airport
at which the community has been operating the tower
at its own expense.
‘‘(D) COSTS EXCEEDING BENEFITS.—If the costs of oper-
ating an air traffic tower under the pilot program exceed
the benefits, the airport sponsor or State or local govern-
ment having jurisdiction over the airport shall pay the
portion of the costs that exceed such benefit.
‘‘(E) FUNDING.—Subject to paragraph (4)(D), of the
amounts appropriated pursuant to section 106(k), not more
than $6,000,000 per fiscal year may be used to carry out
this paragraph.
‘‘(4) CONSTRUCTION
OF
AIR
TRAFFIC
CONTROL
TOWERS.—