H. R. 1758—523
(c) PAYMENT DEPOSITS.—A payment under a project grant
agreement under this subchapter may be made only to an official
or depository designated by the sponsor and authorized by law
to receive public money.
(d) WITHHOLDING PAYMENTS.—(1) The Secretary may withhold
a payment under a grant agreement under this subchapter for
more than 180 days after the payment is due only if the Secretary—
(A) notifies the sponsor and provides an opportunity for
a hearing; and
(B) finds that the sponsor has violated the agreement.
(2) The 180-day period may be extended by—
(A) agreement of the Secretary and the sponsor; or
(B) the hearing officer if the officer decides an extension
is necessary because the sponsor did not follow the schedule
the officer established.
(3) A person adversely affected by an order of the Secretary
withholding a payment may apply for review of the order by filing
a petition in the United States Court of Appeals for the District
of Columbia Circuit or in the court of appeals of the United States
for the circuit in which the project is located. The petition must
be filed not later than 60 days after the order is served on the
petitioner.
§ 47112. Carrying out airport development projects
(a) CONSTRUCTION WORK.—The Secretary of Transportation
may inspect and approve construction work for an airport develop-
ment project carried out under a grant agreement under this sub-
chapter. The construction work must be carried out in compliance
with regulations the Secretary prescribes. The regulations shall
require the sponsor to make necessary cost and progress reports
on the project. The regulations may amend or modify a contract
related to the project only if the contract was made with actual
notice of the regulations.
(b) PREVAILING WAGES.—A contract for more than $2,000
involving labor for an airport development project carried out under
a grant agreement under this subchapter must require contractors
to pay labor minimum wage rates as determined by the Secretary
of Labor under the Act of March 3, 1931 (known as the Davis-
Bacon Act) (40 U.S.C. 276a—276a–5). The minimum rates must
be included in the bids for the work and in the invitation for
those bids.
(c) VETERANS’ PREFERENCE.—(1) In this subsection—
(A) ‘‘disabled veteran’’ has the same meaning given that
term in section 2108 of title 5.
(B) ‘‘Vietnam-era veteran’’ means an individual who served
on active duty (as defined in section 101 of title 38) in the
armed forces for more than 180 consecutive days, any part
of which occurred after August 4, 1964, and before May 8,
1975, and who was separated from the armed forces under
honorable conditions.
(2) A contract involving labor for carrying out an airport devel-
opment project under a grant agreement under this subchapter
must require that preference in the employment of labor (except
in executive, administrative, and supervisory positions) be given
to Vietnam-era veterans and disabled veterans when they are avail-
able and qualified for the employment.
H. R. 1758—524
§ 47113. Minority and disadvantaged business participation
(a) DEFINITIONS.—In this section—
(1) ‘‘small business concern’’—
(A) has the same meaning given that term in section
3 of the Small Business Act (15 U.S.C. 632); but
(B) does not include a concern, or group of concerns
controlled by the same socially and economically disadvan-
taged individual, that has average annual gross receipts
over the prior 3 fiscal years of more than $16,015,000,
as adjusted by the Secretary of Transportation for inflation.
(2) ‘‘socially and economically disadvantaged individual’’
has the same meaning given that term in section 8(c) of the
Act (15 U.S.C. 637(c)) and relevant subcontracting regulations
prescribed under section 8(c), except that women are presumed
to be socially and economically disadvantaged.
(b) GENERAL REQUIREMENT.—Except to the extent the Secretary
decides otherwise, at least 10 percent of amounts available in
a fiscal year under section 48103 of this title shall be expended
with small business concerns owned and controlled by socially and
economically disadvantaged individuals.
(c) UNIFORM CRITERIA.—The Secretary shall establish minimum
uniform criteria for State governments and airport sponsors to
use in certifying whether a small business concern qualifies under
this section. The criteria shall include on-site visits, personal inter-
views, licenses, analyses of stock ownership and bonding capacity,
listings of equipment and work completed, resumes of principal
owners, financial capacity, and type of work preferred.
(d) SURVEYS
AND
LISTS.—Each State or airport sponsor
annually shall survey and compile a list of small business concerns
referred to in subsection (b) of this section and the location of
each concern in the State.
§ 47114. Apportionments
(a) DEFINITION.—In this section, ‘‘amount subject to apportion-
ment’’ means the amount newly made available under section 48103
of this title for a fiscal year.
(b) APPORTIONMENT DATE.—On the first day of each fiscal year,
the Secretary of Transportation shall apportion the amount subject
to apportionment for that fiscal year as provided in this section.
(c) AMOUNTS APPORTIONED TO SPONSORS.—(1)(A) The Secretary
shall apportion to the sponsor of each primary airport for each
fiscal year an amount equal to—
(i) $7.80 for each of the first 50,000 passenger boardings
at the airport during the prior calendar year;
(ii) $5.20 for each of the next 50,000 passenger boardings
at the airport during the prior calendar year;
(iii) $2.60 for each of the next 400,000 passenger boardings
at the airport during the prior calendar year; and
(iv) $.65 for each additional passenger boarding at the
airport during the prior calendar year.
(B) Not less than $400,000 nor more than $22,000,000 may
be apportioned under subparagraph (A) of this paragraph to an
airport sponsor for a primary airport for each fiscal year.
(2)(A) The Secretary shall apportion to the sponsors of airports
served by aircraft providing air transportation of only cargo with
a total annual landed weight of more than 100,000,000 pounds
for each fiscal year an amount equal to 3.5 percent of the amount
H. R. 1758—525
subject to apportionment each year, allocated among those airports
in the proportion that the total annual landed weight of those
aircraft landing at each of those airports bears to the total annual
landed weight of those aircraft landing at all those airports. How-
ever, not more than 8 percent of the amount apportioned under
this paragraph may be apportioned for any one airport.
(B) Landed weight under subparagraph (A) of this paragraph
is the landed weight of aircraft landing at each of those airports
and all those airports during the prior calendar year.
(3) The total of all amounts apportioned under paragraphs
(1) and (2) of this subsection may not be more than 44 percent
of the amount subject to apportionment for a fiscal year. If this
paragraph requires reduction of an amount that otherwise would
be apportioned under this subsection, the Secretary shall reduce
proportionately the amount apportioned to each sponsor of an air-
port under paragraphs (1) and (2) until the 44 percent limit is
achieved.
(d) AMOUNTS APPORTIONED TO STATES.—(1) In this subsection—
(A) ‘‘area’’ includes land and water.
(B) ‘‘population’’ means the population stated in the latest
decennial census of the United States.
(2) The Secretary shall apportion to the States 12 percent
of the amount subject to apportionment for each fiscal year as
follows:
(A) one percent of the apportioned amount to Guam, Amer-
ican Samoa, the Northern Mariana Islands, the Trust Territory
of the Pacific Islands, and the Virgin Islands.
(B) except as provided in paragraph (3) of this subsection,
49.5 percent of the apportioned amount for airports, except
primary 
airports 
and 
airports 
described 
in 
section
47117(e)(1)(C) of this title, in States not named in clause (A)
of this paragraph in the proportion that the population of
each of those States bears to the total population of all of
those States.
(C) except as provided in paragraph (3) of this subsection,
49.5 percent of the apportioned amount for airports, except
primary 
airports 
and 
airports 
described 
in 
section
47117(e)(1)(C) of this title, in States not named in clause (A)
of this paragraph in the proportion that the area of each of
those States bears to the total area of all of those States.
(3) An amount apportioned under paragraph (2) of this sub-
section for an airport in—
(A) Alaska may be made available by the Secretary for
a public airport described in section 47117(e)(1)(C)(ii) of this
title to which section 15(a)(3)(A)(II) of the Airport and Airway
Development Act of 1970 applied during the fiscal year that
ended September 30, 1981; and
(B) Puerto Rico may be made available by the Secretary
for a primary airport and an airport described in section
47117(e)(1)(C) of this title.
(e) ALTERNATIVE APPORTIONMENT FOR ALASKA.—(1) Instead of
apportioning amounts for airports in Alaska under subsections (c)
and (d) of this section, the Secretary may apportion amounts for
those airports in the way in which amounts were apportioned
in the fiscal year ending September 30, 1980, under section 15(a)
of the Act. However, in apportioning amounts for a fiscal year
under this subsection, the Secretary shall apportion—
H. R. 1758—526
(A) for each primary airport at least as much as would
be apportioned for the airport under subsection (c)(1) of this
section; and
(B) a total amount at least equal to the minimum amount
required to be apportioned to airports in Alaska in the fiscal
year ending September 30, 1980, under section 15(a)(3)(A) of
the Act.
(2) This subsection does not prohibit the Secretary from making
project grants for airports in Alaska from the discretionary fund
under section 47115 of this title.
(3) Airports referred to in this subsection include those public
airports that received scheduled service as of September 3, 1982,
but were not apportioned amounts in the fiscal year ending Septem-
ber 30, 1980, under section 15(a) of the Act because the airports
were not under the control of a State or local public agency.
(f) REDUCING APPORTIONMENTS.—An amount that would be
apportioned under this section (except subsection (c)(2)) in a fiscal
year to the sponsor of an airport having at least .25 percent of
the total number of boardings each year in the United States
and for which a fee is imposed in the fiscal year under section
40117 of this title shall be reduced by an amount equal to 50
percent of the projected revenues from the fee in the fiscal year
but not by more than 50 percent of the amount that otherwise
would be apportioned under this section.
§ 47115. Discretionary fund
(a) EXISTENCE
AND AMOUNTS
IN FUND.—The Secretary of
Transportation has a discretionary fund. The fund consists of—
(1) amounts subject to apportionment for a fiscal year
that are not apportioned under section 47114(c)–(e) of this
title; and
(2) 25 percent of amounts not apportioned under section
47114 of this title because of section 47114(f).
(b) AVAILABILITY
OF AMOUNTS.—Subject to subsection (c) of
this section and section 47117(e) of this title, the fund is available
for making grants for any purpose for which amounts are made
available under section 48103 of this title that the Secretary consid-
ers most appropriate to carry out this subchapter. However, 50
percent of amounts not apportioned under section 47114 of this
title because of section 47114(f) and added to the fund is available
for making grants for projects at small hub airports (as defined
in section 41731 of this title).
(c) MINIMUM PERCENTAGE FOR PRIMARY AND RELIEVER AIR-
PORTS.—At least 75 percent of the amount in the fund and distrib-
uted by the Secretary in a fiscal year shall be used for making
grants—
(1) to preserve and enhance capacity, safety, and security
at primary and reliever airports; and
(2) to carry out airport noise compatibility planning and
programs at primary and reliever airports.
(d) CONSIDERATIONS.—In selecting a project for a grant to pre-
serve and enhance capacity as described in subsection (c)(1) of
this section, the Secretary shall consider—
(1) the effect the project will have on the overall national
air transportation system capacity;
(2) the project benefit and cost; and
H. R. 1758—527
(3) the financial commitment from non-United States
Government sources to preserve or enhance airport capacity.
(e) WAIVING
PERCENTAGE
REQUIREMENT.—If the Secretary
decides the Secretary cannot comply with the percentage require-
ment of subsection (c) of this section in a fiscal year because
there are insufficient qualified grant applications to meet that
percentage, the amount the Secretary determines will not be distrib-
uted as required by subsection (c) is available for obligation during
the fiscal year without regard to the requirement.
§ 47116. Small airport fund
(a) EXISTENCE
AND AMOUNTS
IN FUND.—The Secretary of
Transportation has a small airport fund. The fund consists of 75
percent of amounts not apportioned under section 47114 of this
title because of section 47114(f).
(b) DISTRIBUTION OF AMOUNTS.—The Secretary may distribute
amounts in the fund in each fiscal year for any purpose for which
amounts are made available under section 48103 of this title as
follows:
(1) one-third for grants to sponsors of public-use airports
(except commercial service airports).
(2) two-thirds for grants to sponsors of each commercial
service airport that each year has less than .05 percent of
the total boardings in the United States in that year.
(c) AUTHORITY TO RECEIVE GRANT NOT DEPENDENT ON PARTICI-
PATION IN BLOCK GRANT PILOT PROGRAM.—An airport in a State
participating in the State block grant pilot program under section
47128 of this title may receive a grant under this section to the
same extent the airport may receive a grant if the State were
not participating in the program.
§ 47117. Use of apportioned amounts
(a) GRANT PURPOSE.—Except as provided in this section, an
amount apportioned under section 47114(c)(1) or (d)(2) of this title
is available for making grants for any purpose for which amounts
are made available under section 48103 of this title.
(b) PERIOD OF AVAILABILITY.—An amount apportioned under
section 47114 of this title is available to be obligated for grants
under the apportionment only during the fiscal year for which
the amount was apportioned and the 2 fiscal years immediately
after that year. If the amount is not obligated under the apportion-
ment within that time, it shall be added to the discretionary fund.
(c) PRIMARY AIRPORTS.—(1) An amount apportioned to a sponsor
of a primary airport under section 47114(c)(1) of this title is avail-
able for grants for any public-use airport of the sponsor included
in the national plan of integrated airport systems.
(2) A sponsor of a primary airport may make an agreement
with the Secretary of Transportation waiving any part of the
amount apportioned for the airport under section 47114(c)(1) of
this title if the Secretary makes the waived amount available for
a grant for another public-use airport in the same State or geo-
graphical area as the primary airport.
(d) STATE USE.—An amount apportioned to a State under—
(1) section 47114(d)(2)(A) of this title is available for grants
for airports located in the State; and
H. R. 1758—528
(2) section 47114(d)(2)(B) or (C) of this title is available
for grants for airports described in section 47114(d)(2)(B) or
(C) and located in the State.
(e) SPECIAL APPORTIONMENT CATEGORIES.—(1) The Secretary
shall use amounts made available under section 48103 of this
title for each fiscal year as follows:
(A) at least 10 percent for grants for reliever airports.
(B) at least 12.5 percent for grants for airport noise compat-
ibility planning under section 47505(a)(2) of this title and for
carrying out noise compatibility programs under section
47504(c)(1) of this title.
(C) at least 2.5 percent for grants for—
(i) nonprimary commercial service airports; and
(ii) public airports (except commercial service airports)
that were eligible for United States Government assistance
from amounts apportioned under section 15(a)(3) of the
Airport and Airway Development Act of 1970, and to which
section 15(a)(3)(A)(I) or (II) of the Act applied during the
fiscal year that ended September 30, 1981.
(D) at least .5 percent for integrated airport system plan-
ning grants to planning agencies designated by the Secretary
and authorized by the laws of a State or political subdivision
of a State to do planning for an area of the State or subdivision
in which a grant under this chapter is to be used.
(E) at least 2.25 percent for the fiscal year ending Septem-
ber 30, 1993, and at least 2.5 percent for each of the fiscal
years ending September 30, 1994, and 1995, to sponsors of
current or former military airports designated by the Secretary
under section 47118(a) of this title for grants for developing
current and former military airports to improve the capacity
of the national air transportation system.
(2) A grant from the amount apportioned under section 47114(e)
of this title may not be included as part of the 2.5 percent required
to be used for grants under paragraph (1)(C) of this subsection.
(3) If the Secretary decides that an amount required to be
used for grants under paragraph (1) of this subsection cannot be
used for a fiscal year because there are insufficient qualified grant
applications, the amount the Secretary determines cannot be used
is available during the fiscal year for grants for other airports
or for other purposes for which amounts are authorized for grants
under section 48103 of this title.
(f) LIMITATION FOR COMMERCIAL SERVICE AIRPORT IN ALASKA.—
The Secretary may not make a grant for a commercial service
airport in Alaska of more than 110 percent of the amount appor-
tioned for the airport for a fiscal year under section 47114(e) of
this title.
(g) DISCRETIONARY USE OF APPORTIONMENTS.—(1) Subject to
paragraph (2) of this subsection, if the Secretary finds, based on
the notices the Secretary receives under section 47105(e) of this
title or otherwise, that an amount apportioned under section 47114
of this title will not be used for grants during a fiscal year, the
Secretary may use an equal amount for grants during that fiscal
year for any of the purposes for which amounts are authorized
for grants under section 48103 of this title.
(2) The Secretary may make a grant under paragraph (1)
of this subsection only if the Secretary decides that—
H. R. 1758—529
(A) the total amount used for grants for the fiscal year
under section 48103 of this title will not be more than the
amount made available under section 48103 for that fiscal
year; and
(B) the amounts authorized for grants under section 48103
of this title for later fiscal years are sufficient for grants of
the apportioned amounts that were not used for grants under
the apportionment during the fiscal year and that remain avail-
able under subsection (b) of this section.
(h) LIMITING AUTHORITY OF SECRETARY.—The authority of the
Secretary to make grants during a fiscal year from amounts that
were apportioned for a prior fiscal year and remain available for
approved airport development project grants under subsection (b)
of this section may be impaired only by a law enacted after Septem-
ber 3, 1982, that expressly limits that authority.
§ 47118. Designating current and former military airports
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation
shall designate not more than 12 current or former military airports
for which grants may be made under section 47117(e)(1)(E) of
this title.
(b) SURVEY.—Not later than September 30, 1991, the Secretary
shall complete a survey of current and former military airports
to identify which airports have the greatest potential to improve
the capacity of the national air transportation system. The survey
shall identify the capital development needs of those airports to
make them part of the system and which of those qualify for
grants under section 47104 of this title.
(c) CONSIDERATIONS.—In carrying out this section, the Secretary
shall consider only current or former military airports that, when
at least partly converted to civilian commercial or reliever airports
as part of the national air transportation system, will enhance
airport and air traffic control system capacity in major metropolitan
areas and reduce current and projected flight delays.
(d) GRANTS.—Grants under section 47117(e)(1)(E) of this title
may be made for an airport designated under subsection (a) of
this section for the 5 fiscal years following the designation. If
an airport does not have a level of passengers getting on aircraft
during that 5-year period that qualifies the airport as a small
hub airport (as defined on January 1, 1990) or reliever airport,
the Secretary may redesignate the airport for grants for additional
fiscal years that the Secretary decides.
(e) TERMINAL BUILDING FACILITIES.—Notwithstanding section
47109(c) of this title, not more than $5,000,000 for each airport
from amounts the Secretary distributes under section 47115 of
this title for a fiscal year is available to the sponsor of a current
or former military airport the Secretary designates under this sec-
tion to construct, improve, or repair a terminal building facility,
including terminal gates used for revenue passengers getting on
or off aircraft. A gate constructed, improved, or repaired under
this subsection—
(1) may not be leased for more than 10 years; and
(2) is not subject to majority in interest clauses.
(f) PARKING LOTS, FUEL FARMS, AND UTILITIES.—Not more than
a total of $4,000,000 for each airport from amounts the Secretary
distributes under section 47115 of this title for the fiscal years
ending September 30, 1993–1995, is available to the sponsor of
H. R. 1758—530
a current or former military airport the Secretary designates under
this section to construct, improve, or repair airport surface parking
lots, fuel farms, and utilities.
§ 47119. Terminal development costs
(a) REPAYING BORROWED MONEY.—An amount apportioned
under section 47114 of this title and made available to the sponsor
of an air carrier airport at which terminal development was carried
out after June 30, 1970, and before July 12, 1976, is available
to repay immediately money borrowed and used to pay the costs
for terminal development at the airport, if those costs would be
allowable project costs under section 47110(d) of this title if they
had been incurred after September 3, 1982. An amount is available
for a grant under this subsection—
(1) only if—
(A) the sponsor submits the certification required under
section 47110(d) of this title;
(B) the Secretary of Transportation decides that using
the amount to repay the borrowed money will not defer
an airport development project outside the terminal area
at that airport; and
(C) amounts available for airport development under
this subchapter will not be used for additional terminal
development projects at the airport for at least 3 years
beginning on the date the grant is used to repay the bor-
rowed money; and
(2) subject to the limitations in subsection (b)(1) and (2)
of this section.
(b) AVAILABILITY OF AMOUNTS.—In a fiscal year, the Secretary
may make available—
(1) to a sponsor of a primary airport, any part of amounts
apportioned to the sponsor for the fiscal year under section
47114(c)(1) of this title to pay project costs allowable under
section 47110(d) of this title;
(2) to a sponsor of a nonprimary commercial service airport,
not more than $200,000 of the amount that may be distributed
for the fiscal year from the discretionary fund to pay project
costs allowable under section 47110(d) of this title; or
(3) not more than $25,000,000 to pay project costs allowable
for the fiscal year under section 47110(d) of this title for projects
at commercial service airports that were not eligible for assist-
ance for terminal development during the fiscal year ending
September 30, 1980, under section 20(b) of the Airport and
Airway Development Act of 1970.
§ 47120. Grant priority
In making a grant under this subchapter, the Secretary of
Transportation may give priority to a project that is consistent
with an integrated airport system plan.
§ 47121. Records and audits
(a) RECORDS.—A sponsor shall keep the records the Secretary
of Transportation requires. The Secretary may require records—
(1) that disclose—
(A) the amount and disposition by the sponsor of the
proceeds of the grant;
H. R. 1758—531
(B) the total cost of the plan or program for which
the grant is given or used; and
(C) the amounts and kinds of costs of the plan or
program provided by other sources; and
(2) that make it easier to carry out an audit.
(b) AUDITS
AND
EXAMINATIONS.—The Secretary and the
Comptroller General may audit and examine records of a sponsor
that are related to a grant made under this subchapter.
(c) AUTHORITY OF COMPTROLLER GENERAL.—When an independ-
ent audit is made of the accounts of a sponsor under this subchapter
related to the disposition of the proceeds of the grant or related
to the plan or program for which the grant was given or used,
the sponsor shall submit a certified copy of the audit to the
Comptroller General not more than 6 months after the end of
the fiscal year for which the audit was made. Not later than
April 15 of each year, the Comptroller General shall report to
Congress describing the results of each audit conducted or reviewed
by the Comptroller General under this section during the prior
fiscal year. The Comptroller General shall prescribe regulations
necessary to carry out this subsection.
(d) AUDIT REQUIREMENT.—The Secretary may require a sponsor
to conduct an appropriate audit as a condition for receiving a
grant under this subchapter.
(e) ANNUAL REVIEW.—The Secretary shall review annually the
recordkeeping and reporting requirements under this subchapter
to ensure that they are the minimum necessary to carry out this
subchapter.
(f) WITHHOLDING INFORMATION FROM CONGRESS.—This section
does not authorize the Secretary or the Comptroller General to
withhold information from a committee of Congress authorized to
have the information.
§ 47122. Administrative
(a) GENERAL.—The Secretary of Transportation may take action
the Secretary considers necessary to carry out this subchapter,
including conducting investigations and public hearings, prescribing
regulations and procedures, and issuing orders.
(b) CONDUCTING INVESTIGATIONS AND PUBLIC HEARINGS.—In
conducting an investigation or public hearing under this subchapter,
the Secretary has the same authority the Secretary has under
section 46104 of this title. An action of the Secretary in exercising
that authority is governed by the procedures specified in section
46104 and shall be enforced as provided in section 46104.
§ 47123. Nondiscrimination
The Secretary of Transportation shall take affirmative action
to ensure that an individual is not excluded because of race, creed,
color, national origin, or sex from participating in an activity carried
out with money received under a grant under this subchapter.
The Secretary shall prescribe regulations necessary to carry out
this section. The regulations shall be similar to those in effect
under title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d
et seq.). This section is in addition to title VI of the Act.
H. R. 1758—532
§ 47124. Agreements for State and local operation of airport
facilities
(a) GOVERNMENT RELIEF FROM LIABILITY.—The Secretary of
Transportation shall ensure that an agreement under this sub-
chapter with a State or a political subdivision of a State to allow
the State or subdivision to operate an airport facility in the State
or subdivision relieves the United States Government from any
liability arising out of, or related to, acts or omissions of employees
of the State or subdivision in operating the airport facility.
(b) AIR TRAFFIC CONTROL CONTRACT PROGRAM.—(1) The Sec-
retary shall continue the low activity (Visual Flight Rules) level
I air traffic control tower contract program established under sub-
section (a) of this section for towers existing on December 30,
1987, and extend the program to other towers as practicable.
(2) The Secretary may make a contract, on a sole source basis,
with a State or a political subdivision of a State to allow the
State or subdivision to operate an airport traffic control tower
classified as a level I (Visual Flight Rules) tower if the Secretary
decides that the State or subdivision has the capability to comply
with the requirements of this paragraph. The contract shall require
that the State or subdivision comply with applicable safety regula-
tions in operating the facility and with applicable competition
requirements in making a subcontract to perform work to carry
out the contract.
§ 47125. Conveyances of United States Government land
(a) CONVEYANCES TO PUBLIC AGENCIES.—Except as provided
in subsection (b) of this section, the Secretary of Transportation
shall request the head of the department, agency, or instrumentality
of the United States Government owning or controlling land or
airspace to convey a property interest in the land or airspace
to the public agency sponsoring the project or owning or controlling
the airport when necessary to carry out a project under this sub-
chapter at a public airport, to operate a public airport, or for
the future development of an airport under the national plan of
integrated airport systems. The head of the department, agency,
or instrumentality shall decide whether the requested conveyance
is consistent with the needs of the department, agency, or
instrumentality and shall notify the Secretary of that decision not
later than 4 months after receiving the request. If the head of
the department, agency, or instrumentality decides that the
requested conveyance is consistent with its needs, the head of
the department, agency, or instrumentality, with the approval of
the Attorney General and without cost to the Government, shall
make the conveyance. A conveyance may be made only on the
condition that the property interest conveyed reverts to the Govern-
ment, at the option of the Secretary, to the extent it is not developed
for an airport purpose or used consistently with the conveyance.
(b) NONAPPLICATION.—Except as specifically provided by law,
subsection (a) of this section does not apply to land or airspace
owned or controlled by the Government within—
(1) a national park, national monument, national recreation
area, or similar area under the administration of the National
Park Service;
(2) a unit of the National Wildlife Refuge System or similar
area under the jurisdiction of the United States Fish and Wild-
life Service; or
H. R. 1758—533
(3) a national forest or Indian reservation.
§ 47126. Criminal penalties for false statements
A person (including an officer, agent, or employee of the United
States Government or a public agency) shall be fined under title
18, imprisoned for not more than 5 years, or both, if the person,
with intent to defraud the Government, knowingly makes—
(1) a false statement about the kind, quantity, quality,
or cost of the material used or to be used, or the quantity,
quality, or cost of work performed or to be performed, in connec-
tion with the submission of a plan, map, specification, contract,
or estimate of project cost for a project included in a grant
application submitted to the Secretary of Transportation for
approval under this subchapter;
(2) a false statement or claim for work or material for
a project included in a grant application approved by the Sec-
retary under this subchapter; or
(3) a false statement in a report or certification required
under this subchapter.
§ 47127. Ground transportation demonstration projects
(a) GENERAL AUTHORITY.—To improve the airport and airway
system of the United States consistent with regional airport system
plans financed under section 13(b) of the Airport and Airway Devel-
opment Act of 1970, the Secretary of Transportation may carry
out ground transportation demonstration projects to improve ground
access to air carrier airport terminals. The Secretary may carry
out a demonstration project independently or by grant or contract,
including an agreement with another department, agency, or
instrumentality of the United States Government.
(b) PRIORITY.—In carrying out this section, the Secretary shall
give priority to a demonstration project that—
(1) affects an airport in an area with an operating regional
rapid transit system with existing facilities reasonably near
the airport;
(2) includes connection of the airport terminal to that sys-
tem;
(3) is consistent with and supports a regional airport system
plan adopted by the planning agency for the region and submit-
ted to the Secretary; and
(4) improves access to air transportation for individuals
residing or working in the region by encouraging the optimal
balance of use of airports in the region.
§ 47128. State block grant pilot program
(a) GENERAL REQUIREMENTS.—The Secretary of Transportation
shall prescribe regulations to carry out a State block grant pilot
program. The regulations shall provide that the Secretary may
designate not more than 7 qualified States to assume administrative
responsibility for all airport grant amounts available under this
subchapter, except for amounts designated for use at primary air-
ports.
(b) APPLICATIONS
AND SELECTION.—(1) A State wishing to
participate in the program must submit an application to the Sec-
retary. The Secretary shall select a State on the basis of its applica-
tion only after—
H. R. 1758—534
(A) deciding the State has an organization capable of effec-
tively administering a block grant made under this section;
(B) deciding the State uses a satisfactory airport system
planning process;
(C) deciding the State uses a programming process accept-
able to the Secretary;
(D) finding that the State has agreed to comply with United
States Government standard requirements for administering
the block grant; and
(E) finding that the State has agreed to provide the Sec-
retary with program information the Secretary requires.
(2) For the fiscal years ending September 30, 1993–1996, the
States selected shall include Illinois, Missouri, and North Carolina.
(c) SAFETY AND SECURITY NEEDS AND NEEDS OF SYSTEM.—
Before deciding whether a planning process is satisfactory or a
programming process is acceptable under subsection (b)(2) or (3)
of this section, the Secretary shall ensure that the process provides
for meeting critical safety and security needs and that the program-
ming process ensures that the needs of the national airport system
will be addressed in deciding which projects will receive money
from the Government.
(d) ENDING EFFECTIVE DATE AND REPORT.—This section is effec-
tive only through September 30, 1996.
§ 47129. Annual report
Not later than April 1 of each year, the Secretary of Transpor-
tation shall submit to Congress a report on activities carried out
under this subchapter during the prior fiscal year. The report
shall include—
(1) a detailed statement of airport development completed;
(2) the status of each project undertaken;
(3) the allocation of appropriations; and
(4) an itemized statement of expenditures and receipts.
SUBCHAPTER II—SURPLUS PROPERTY FOR PUBLIC
AIRPORTS
§ 47151. Authority to transfer an interest in surplus property
(a) GENERAL AUTHORITY.—Subject to sections 47152 and 47153
of this title, a department, agency, or instrumentality of the execu-
tive branch of the United States Government or a wholly owned
Government corporation may give a State, political subdivision
of a State, or tax-supported organization any interest in surplus
property—
(1) that the Secretary of Transportation decides is—
(A) desirable for developing, improving, operating, or
maintaining a public airport (as defined in section 47102
of this title);
(B) reasonably necessary to fulfill the immediate and
foreseeable future requirements for developing, improving,
operating, or maintaining a public airport; or
(C) needed for developing sources of revenue from
nonaviation businesses at a public airport; and
(2) if the Administrator of General Services approves the
gift and decides the interest is not best suited for industrial
use.
H. R. 1758—535
(b) ENSURING COMPLIANCE.—Only the Secretary may ensure
compliance with an instrument giving an interest in surplus prop-
erty under this subchapter. The Secretary may amend the
instrument to correct the instrument or to make the gift comply
with law.
(c) DISPOSING
OF INTERESTS NOT GIVEN UNDER THIS SUB-
CHAPTER.—An interest in surplus property that could be used at
a public airport but that is not given under this subchapter shall
be disposed of under other applicable law.
§ 47152. Terms of gifts
Except as provided in section 47153 of this title, the following
terms apply to a gift of an interest in surplus property under
this subchapter:
(1) A State, political subdivision of a State, or tax-supported
organization receiving the interest may use, lease, salvage,
or dispose of the interest for other than airport purposes only
after the Secretary of Transportation gives written consent
that the interest can be used, leased, salvaged, or disposed
of without materially and adversely affecting the development,
improvement, operation, or maintenance of the airport at which
the property is located.
(2) The interest shall be used and maintained for public
use and benefit without unreasonable discrimination.
(3) A right may not be vested in a person, excluding others
in the same class from using the airport at which the property
is located—
(A) to conduct an aeronautical activity requiring the
operation of aircraft; or
(B) to engage in selling or supplying aircraft, aircraft
accessories, equipment, or supplies (except gasoline and
oil), or aircraft services necessary to operate aircraft
(including maintaining and repairing aircraft, aircraft
engines, propellers, and appliances).
(4) The State, political subdivision, or tax-supported
organization accepting the interest shall clear and protect the
aerial approaches to the airport by mitigating existing, and
preventing future, airport hazards.
(5) During a national emergency declared by the President
or Congress, the United States Government is entitled to use,
control, or possess, without charge, any part of the public
airport at which the property is located. However, the Govern-
ment shall—
(A) pay the entire cost of maintaining the part of
the airport it exclusively uses, controls, or possesses during
the emergency;
(B) contribute a reasonable share, consistent with the
Government’s use, of the cost of maintaining the property
it uses nonexclusively, or over which the Government has
nonexclusive control or possession, during the emergency;
and
(C) pay a fair rental for use, control, or possession
of improvements to the airport made without Government
assistance.
(6) The Government is entitled to the nonexclusive use,
without charge, of the landing area of an airport at which
the property is located. The Secretary may limit the use of
H. R. 1758—536
the landing area if necessary to prevent unreasonable inter-
ference with use by other authorized aircraft. However, the
Government shall—
(A) contribute a reasonable share, consistent with the
Government’s use, of the cost of maintaining and operating
the landing area; and
(B) pay for damages caused by its use of the landing
area if its use of the landing area is substantial.
(7) The State, political subdivision, or tax-supported
organization accepting the interest shall release the Govern-
ment from all liability for damages arising under an agreement
that provides for Government use of any part of an airport
owned, controlled, or operated by the State, political subdivi-
sion, or tax-supported organization on which, adjacent to which,
or in connection with which, the property is located.
(8) When a term under this section is not satisfied, any
part of the interest in the property reverts to the Government,
at the option of the Government, as the property then exists.
§ 47153. Waiving and adding terms
(a) GENERAL AUTHORITY.—(1) The Secretary of Transportation
may waive, without charge, a term of a gift of an interest in
property under this subchapter if the Secretary decides that—
(A) the property no longer serves the purpose for which
it was given; or
(B) the waiver will not prevent carrying out the purpose
for which the gift was made and is necessary to advance the
civil aviation interests of the United States.
(2) The Secretary of Transportation shall waive a term under
paragraph (1) of this subsection on terms the Secretary considers
necessary to protect or advance the civil aviation interests of the
United States.
(b) WAIVERS
AND
INCLUSION
OF
ADDITIONAL
TERMS
ON
REQUEST.—On request of the Secretary of Transportation or the
Secretary of a military department, a department, agency, or
instrumentality of the executive branch of the United States
Government or a wholly owned Government corporation may waive
a term required by section 47152 of this title or add another
term if the appropriate Secretary decides it is necessary to protect
or advance the interests of the United States in civil aviation
or for national defense.
CHAPTER 473—INTERNATIONAL AIRPORT FACILITIES
Sec.
47301.
Definitions.
47302.
Providing airport and airway property in foreign territories.
47303.
Training foreign citizens.
47304.
Transfer of airport and airway property.
47305.
Administrative.
47306.
Criminal penalty.
§ 47301. Definitions
In this chapter—
(1) ‘‘airport property’’ means an interest in property used
or useful in operating and maintaining an airport.
(2) ‘‘airway property’’ means an interest in property used
or useful in operating and maintaining a ground installation,
facility, or equipment desirable for the orderly and safe oper-