H. R. 1758—515
Transportation or the department, agency, or instrumentality
of the Government that made the grant was notified by the
owner or operator of the use of the land and did not object
to the use and the land is still being used for that purpose.
(2) The Secretary of Transportation may approve an application
under this subchapter for an airport development project grant
only if the Secretary receives written assurances, satisfactory to
the Secretary, that if an airport owner or operator has received
or will receive a grant for acquiring land and—
(A) if the land was or will be acquired for a noise compat-
ibility purpose—
(i) the owner or operator will dispose of the land at
fair market value at the earliest practicable time after
the land no longer is needed for a noise compatibility
purpose;
(ii) the disposition will be subject to retaining or reserv-
ing an interest in the land necessary to ensure that the
land will be used in a way that is compatible with noise
levels associated with operating the airport; and
(iii) the part of the proceeds from disposing of the
land that is proportional to the Government’s share of
the cost of acquiring the land will be paid to the Secretary
for deposit in the Airport and Airway Trust Fund estab-
lished under section 9502 of the Internal Revenue Code
of 1986 (26 U.S.C. 9502) or, as the Secretary prescribes,
reinvested in an approved noise compatibility project; or
(B) if the land was or will be acquired for an airport
purpose (except a noise compatibility purpose)—
(i) the owner or operator, when the land no longer
is needed for an airport purpose, will dispose of the land
at fair market value or make available to the Secretary
an amount equal to the Government’s proportional share
of the fair market value;
(ii) the disposition will be subject to retaining or reserv-
ing an interest in the land necessary to ensure that the
land will be used in a way that is compatible with noise
levels associated with operating the airport; and
(iii) the part of the proceeds from disposing of the
land that is proportional to the Government’s share of
the cost of acquiring the land will be reinvested, on applica-
tion to the Secretary, in another eligible airport develop-
ment project the Secretary approves under this subchapter
or paid to the Secretary for deposit in the Fund if another
eligible project does not exist.
(3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii)
of this subsection and deposited in the Airport and Airway Trust
Fund are available as provided in subsection (f) of this section.
(d) ASSURANCES OF CONTINUATION AS PUBLIC-USE AIRPORT.—
The Secretary of Transportation may approve an application under
this subchapter for an airport development project grant for a
privately owned public-use airport only if the Secretary receives
appropriate assurances that the airport will continue to function
as a public-use airport during the economic life (that must be
at least 10 years) of any facility at the airport that was developed
with Government financial assistance under this subchapter.
(e) WRITTEN ASSURANCES OF OPPORTUNITIES FOR SMALL BUSI-
NESS CONCERNS.—(1) The Secretary of Transportation may approve
H. R. 1758—516
a project grant application under this subchapter for an airport
development project only if the Secretary receives written assur-
ances, satisfactory to the Secretary, that the airport owner or opera-
tor will take necessary action to ensure, to the maximum extent
practicable, that at least 10 percent of all businesses at the airport
selling consumer products or providing consumer services to the
public are small business concerns (as defined by regulations of
the Secretary) owned and controlled by a socially and economically
disadvantaged individual (as defined in section 47113(a) of this
title).
(2) An airport owner or operator may meet the percentage
goal of paragraph (1) of this subsection by including any business
operated through a management contract or subcontract. The dollar
amount of a management contract or subcontract with a disadvan-
taged business enterprise shall be added to the total participation
by disadvantaged business enterprises in airport concessions and
to the base from which the airport’s percentage goal is calculated.
The dollar amount of a management contract or subcontract with
a non-disadvantaged business enterprise and the gross revenue
of business activities to which the management contract or sub-
contract pertains may not be added to this base.
(3) Except as provided in paragraph (4) of this subsection,
an airport owner or operator may meet the percentage goal of
paragraph (1) of this subsection by including the purchase from
disadvantaged business enterprises of goods and services used in
businesses conducted at the airport, but the owner or operator
and the businesses conducted at the airport shall make good faith
efforts to explore all available options to achieve, to the maximum
extent practicable, compliance with the goal through direct owner-
ship arrangements, including joint ventures and franchises.
(4)(A) In complying with paragraph (1) of this subsection, an
airport owner or operator shall include the revenues of car rental
firms at the airport in the base from which the percentage goal
in paragraph (1) is calculated.
(B) An airport owner or operator may require a car rental
firm to meet a requirement under paragraph (1) of this subsection
by purchasing or leasing goods or services from a disadvantaged
business enterprise. If an owner or operator requires such a pur-
chase or lease, a car rental firm shall be permitted to meet the
requirement by including purchases or leases of vehicles from any
vendor that qualifies as a small business concern owned and con-
trolled by a socially and economically disadvantaged individual.
(C) This subsection does not require a car rental firm to change
its corporate structure to provide for direct ownership arrangements
to meet the requirements of this subsection.
(5) This subsection does not preempt—
(A) a State or local law, regulation, or policy enacted by
the governing body of an airport owner or operator; or
(B) the authority of a State or local government or airport
owner or operator to adopt or enforce a law, regulation, or
policy related to disadvantaged business enterprises.
(6) An airport owner or operator may provide opportunities
for a small business concern owned and controlled by a socially
and economically disadvantaged individual to participate through
direct contractual agreement with that concern.
(7) An air carrier that provides passenger or property-carrying
services or another business that conducts aeronautical activities
H. R. 1758—517
at an airport may not be included in the percentage goal of para-
graph (1) of this subsection for participation of small business
concerns at the airport.
(8) Not later than April 29, 1993, the Secretary of Transpor-
tation shall prescribe regulations to carry out this subsection.
(f) AVAILABILITY OF AMOUNTS.—An amount deposited in the
Airport and Airway Trust Fund under—
(1) subsection (c)(2)(A)(iii) of this section is available to
the Secretary of Transportation to make a grant for airport
development or airport planning under section 47104 of this
title;
(2) subsection (c)(2)(B)(iii) of this section is available to
the Secretary—
(A) to make a grant for a purpose described in section
47115(b) of this title; and
(B) for use under section 47114(d)(2) of this title at
another airport in the State in which the land was disposed
of under subsection (c)(2)(B)(ii) of this section; and
(3) subsection (c)(2)(B)(iii) of this section is in addition
to an amount made available to the Secretary under section
48103 of this title and not subject to apportionment under
section 47114 of this title.
(g) ENSURING COMPLIANCE.—(1) To ensure compliance with this
section, the Secretary of Transportation—
(A) shall prescribe requirements for sponsors that the Sec-
retary considers necessary; and
(B) may make a contract with a public agency.
(2) The Secretary of Transportation may approve an application
for a project grant only if the Secretary is satisfied that the require-
ments prescribed under paragraph (1)(A) of this subsection have
been or will be met.
(h) MODIFYING ASSURANCES AND REQUIRING COMPLIANCE WITH
ADDITIONAL ASSURANCES.—Before modifying 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—
(1) publish notice of the proposed modification in the Fed-
eral Register; and
(2) provide an opportunity for comment on the proposal.
(i) RELIEF FROM OBLIGATION TO PROVIDE FREE SPACE.—When
a sponsor provides a property interest in a land or water area
or a building that the Secretary of Transportation uses to construct
a facility at Government expense, the Secretary may relieve the
sponsor from an obligation in a contract made under this chapter,
the Airport and Airway Development Act of 1970, or the Federal
Airport Act to provide free space to the Government in an airport
building, to the extent the Secretary finds that the free space
no longer is needed to carry out activities related to air traffic
control or navigation.
(j) USE OF REVENUE IN HAWAII.—(1) In this subsection—
(A) ‘‘duty-free merchandise’’ and ‘‘duty-free sales enterprise’’
have the same meanings given those terms in section 555(b)(8)
of the Tariff Act of 1930 (19 U.S.C. 1555(b)(8)).
(B) ‘‘highway’’ and ‘‘Federal-aid system’’ have the same
meanings given those terms in section 101(a) of title 23.
(2) Notwithstanding subsection (b)(1) of this section, Hawaii
may use, for a project for construction or reconstruction of a highway
H. R. 1758—518
on a Federal-aid system that is not more than 10 miles by road
from an airport and that will facilitate access to the airport, revenue
from the sales at off-airport locations in Hawaii of duty-free mer-
chandise under a contract between Hawaii and a duty-free sales
enterprise. However, the revenue resulting during a Hawaiian fiscal
year may be used only if the amount of the revenue, plus amounts
Hawaii receives in the fiscal year from all other sources for costs
Hawaii incurs for operating all airports it operates and for debt
service related to capital projects for the airports (including interest
and amortization of principal costs), is more than 150 percent
of the projected costs for the fiscal year.
(3)(A) Revenue from sales referred to in paragraph (2) of this
subsection in a Hawaiian fiscal year that Hawaii may use may
not be more than the amount that is greater than 150 percent
as determined under paragraph (2).
(B) The maximum amount of revenue Hawaii may use under
paragraph (2) of this subsection is $250,000,000.
(4) If a fee imposed or collected for rent, landing, or service
from an aircraft operator by an airport operated by Hawaii is
increased during the period from May 4, 1990, through December
31, 1994, by more than the percentage change in the Consumer
Price Index of All Urban Consumers for Honolulu, Hawaii, that
the Secretary of Labor publishes during that period and if revenue
derived from the fee increases because the fee increased, the amount
under paragraph (3)(B) of this subsection shall be reduced by the
amount of the projected revenue increase in the period less the
part of the increase attributable to changes in the Index in the
period.
(5) Hawaii shall determine costs, revenue, and projected reve-
nue increases referred to in this subsection and shall submit the
determinations to the Secretary of Transportation. A determination
is approved unless the Secretary disapproves it not later than
30 days after it is submitted.
(6) Hawaii is not eligible for a grant under section 47115
of this title in a fiscal year in which Hawaii uses under paragraph
(2) of this subsection revenue from sales referred to in paragraph
(2). Hawaii shall repay amounts it receives in a fiscal year under
a grant it is not eligible to receive because of this paragraph
to the Secretary of Transportation for deposit in the discretionary
fund established under section 47115.
(7)(A) This subsection applies only to revenue from sales
referred to in paragraph (2) of this subsection from May 5, 1990,
through December 30, 1994, and to amounts in the Airport Revenue
Fund of Hawaii that are attributable to revenue before May 4,
1990, on sales referred to in paragraph (2).
(B) Revenue from sales referred to in paragraph (2) of this
subsection from May 5, 1990, through December 30, 1994, may
be used under paragraph (2) in any Hawaiian fiscal year, including
a Hawaiian fiscal year beginning after December 31, 1994.
§ 47108. Project grant agreements
(a) OFFER AND ACCEPTANCE.—On approving a project grant
application under this subchapter, the Secretary of Transportation
shall offer the sponsor a grant to pay the United States Govern-
ment’s share of the project costs allowable under section 47110
of this title. The Secretary may impose terms on the offer that
the Secretary considers necessary to carry out this subchapter and