I 
110TH CONGRESS 
1ST SESSION H. R. 1708 
To amend title 49, United States Code, to expand passenger facility fee 
eligibility for noise compatibility projects. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 27, 2007 
Ms. HARMAN (for herself and Ms. WATERS) introduced the following bill; 
which was referred to the Committee on Transportation and Infrastructure 
A BILL 
To amend title 49, United States Code, to expand passenger 
facility fee eligibility for noise compatibility projects. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. EXPANDED PASSENGER FACILITY FEE ELIGI-
BILITY 
FOR 
NOISE 
COMPATIBILITY 
PROJECTS. 
Section 40117(b) of title 49, United States Code, is 
amended by adding at the end the following: 
‘‘(7) 
NOISE
MITIGATION
FOR
CERTAIN 
SCHOOLS.— 
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‘‘(A) IN
GENERAL.—In addition to the 
uses specified in paragraphs (1), (4), and (6), 
the Secretary may authorize a passenger facility 
fee imposed under paragraph (1) or (4) at a 
large hub airport (as defined in section 47102) 
that is the subject of an amended judgment and 
final order in condemnation filed on January 7, 
1980, by the Superior Court of the State of 
California for the county of Los Angeles, to be 
used for a project to carry out noise mitigation 
for a building, or for the replacement of a 
relocatable building with a permanent building, 
in the noise impacted area surrounding the air-
port where such building is used primarily for 
educational purposes, notwithstanding the air 
easement granted or any terms to the contrary 
in such judgment and final order, if— 
‘‘(i) the Secretary determines the 
building is adversely affected by airport 
noise; 
‘‘(ii) the building is owned or char-
tered by the school district that was the 
plaintiff in Case No. 986,442 or Case No. 
986,446 that was resolved by such judg-
ment and final order; 
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‘‘(iii) the project is for a school identi-
fied in the settlement agreements effective 
February 16, 2005, between the airport 
and the school districts; 
‘‘(iv) in the case of a project to re-
place a relocatable building with a perma-
nent building, the eligible project costs are 
limited to the actual structural construc-
tion costs necessary to mitigate aircraft 
noise in instructional classrooms to an in-
terior noise level meeting current stand-
ards of the Federal Aviation Administra-
tion; and 
‘‘(v) the project otherwise meets the 
requirements of this section for authoriza-
tion of a passenger facility fee. 
‘‘(B) ELIGIBLE PROJECT COSTS.—In sub-
paragraph (A)(iv), the term ‘eligible project 
costs’ means the difference between the cost of 
standard school construction and the cost of 
construction necessary to mitigate classroom 
noise to the standards of the Federal Aviation 
Administration.’’. 
Æ 
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