H. R. 1758—506
(E) relocating after December 31, 1991, an air traffic
control tower and any navigational aid (including radar)
if the relocation is necessary to carry out a project approved
by the Secretary under this subchapter.
(F) constructing, reconstructing, repairing, or improv-
ing an airport, or purchasing capital equipment for an
airport, if paid for by a grant under this subchapter and
necessary for compliance with the responsibilities of the
operator or owner of the airport under the Americans with
Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), the
Clean Air Act (42 U.S.C. 7401 et seq.), and the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.), except
constructing or purchasing capital equipment that would
benefit primarily a revenue-producing area of the airport
used by a nonaeronautical business.
(G) acquiring land for, or work necessary to construct,
a pad suitable for deicing aircraft before takeoff at a
commercial service airport, including constructing or
reconstructing paved areas, drainage collection structures,
treatment and discharge systems, appropriate lighting,
paved access for deicing vehicles and aircraft, but not
including acquiring aircraft deicing fluids or constructing
or reconstructing storage facilities for aircraft deicing
equipment or fluids.
(4) ‘‘airport hazard’’ means a structure or object of natural
growth located on or near a public-use airport, or a use of
land near the airport, that obstructs or otherwise is hazardous
to the landing or taking off of aircraft at or from the airport.
(5) ‘‘airport planning’’ means planning as defined by regula-
tions the Secretary prescribes and includes integrated airport
system planning.
(6) ‘‘amount made available under section 48103 of this
title’’ means the amount authorized for grants under section
48103 of this title as reduced by any law enacted after Septem-
ber 3, 1982.
(7) ‘‘commercial service airport’’ means a public airport
in a State that the Secretary determines has at least 2,500
passenger boardings each year and is receiving scheduled pas-
senger aircraft service.
(8) ‘‘integrated airport system planning’’ means developing
for planning purposes information and guidance to decide the
extent, kind, location, and timing of airport development needed
in a specific area to establish a viable, balanced, and integrated
system of public-use airports, including—
(A) identifying system needs;
(B) developing an estimate of systemwide development
costs;
(C) conducting studies, surveys, and other planning
actions, including those related to airport access, needed
to decide which aeronautical needs should be met by a
system of airports; and
(D) standards prescribed by a State, except standards
for safety of approaches, for airport development at
nonprimary public-use airports.
(9) ‘‘landed weight’’ means the weight of aircraft transport-
ing only cargo in intrastate, interstate, and foreign air transpor-
H. R. 1758—507
tation, as the Secretary determines under regulations the Sec-
retary prescribes.
(10) ‘‘passenger boardings’’—
(A) means revenue passenger boardings on an aircraft
in service in air commerce as the Secretary determines
under regulations the Secretary prescribes; and
(B) includes passengers who continue on an aircraft
in international flight that stops at an airport in the 48
contiguous States, Alaska, or Hawaii for a nontraffic pur-
pose.
(11) ‘‘primary airport’’ means a commercial service airport
the Secretary determines to have more than 10,000 passenger
boardings each year.
(12) ‘‘project’’ means a project, separate projects included
in one project grant application, or all projects to be undertaken
at an airport in a fiscal year, to achieve airport development
or airport planning.
(13) ‘‘project cost’’ means a cost involved in carrying out
a project.
(14) ‘‘project grant’’ means a grant of money the Secretary
makes to a sponsor to carry out at least one project.
(15) ‘‘public agency’’ means—
(A) a State or political subdivision of a State;
(B) a tax-supported organization; or
(C) an Indian tribe or pueblo.
(16) ‘‘public airport’’ means an airport used or intended
to be used for public purposes—
(A) that is under the control of a public agency; and
(B) of which the area used or intended to be used
for the landing, taking off, or surface maneuvering of air-
craft is publicly owned.
(17) ‘‘public-use airport’’ means—
(A) a public airport; or
(B) a privately-owned airport used or intended to be
used for public purposes that is—
(i) a reliever airport; or
(ii) determined by the Secretary to have at least
2,500 passenger boardings each year and to receive
scheduled passenger aircraft service.
(18) ‘‘reliever airport’’ means an airport the Secretary des-
ignates to relieve congestion at a commercial service airport
and to provide more general aviation access to the overall
community.
(19) ‘‘sponsor’’ means—
(A) a public agency that submits to the Secretary under
this subchapter an application for financial assistance; and
(B) a private owner of a public-use airport that submits
to the Secretary under this subchapter an application for
financial assistance for the airport.
(20) ‘‘State’’ means a State of the United States, the District
of Columbia, Puerto Rico, the Virgin Islands, American Samoa,
the Northern Mariana Islands, the Trust Territory of the Pacific
Islands, and Guam.
§ 47103. National plan of integrated airport systems
(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.—The Sec-
retary of Transportation shall maintain the plan for developing
H. R. 1758—508
public-use airports in the United States, named ‘‘the national plan
of integrated airport systems’’. The plan shall include the kind
and estimated cost of eligible airport development the Secretary
of Transportation considers necessary to provide a safe, efficient,
and integrated system of public-use airports adequate to anticipate
and meet the needs of civil aeronautics, to meet the national defense
requirements of the Secretary of Defense, and to meet identified
needs of the United States Postal Service. Airport development
included in the plan may not be limited to meeting the needs
of any particular classes or categories of public-use airports. In
maintaining the plan, the Secretary of Transportation shall consider
the needs of each segment of civil aviation and the relationship
of each airport to—
(1) the rest of the transportation system in the particular
area;
(2) forecasted technological developments in aeronautics;
and
(3) forecasted developments in other modes of intercity
transportation.
(b) SPECIFIC REQUIREMENTS.—In maintaining the plan, the Sec-
retary of Transportation shall—
(1) to the extent possible and as appropriate, consult with
departments, agencies, and instrumentalities of the United
States Government, with public agencies, and with the aviation
community;
(2) consider tall structures that reduce safety or airport
capacity; and
(3) make every reasonable effort to address the needs of
air cargo operations, Short Takeoff and Landing/Very Short
Takeoff and Landing aircraft operations, and rotary wing air-
craft operations.
(c) AVAILABILITY OF DOMESTIC MILITARY AIRPORTS AND AIRPORT
FACILITIES.—To the extent possible, the Secretary of Defense shall
make domestic military airports and airport facilities available for
civil use. In advising the Secretary of Transportation under sub-
section (a) of this section, the Secretary of Defense shall indicate
the extent to which domestic military airports and airport facilities
are available for civil use.
(d) PUBLICATION.—The Secretary of Transportation shall pub-
lish the status of the plan every 2 years.
§ 47104. Project grant authority
(a) GENERAL AUTHORITY.—To maintain a safe and efficient
nationwide system of public-use airports that meets the present
and future needs of civil aeronautics, the Secretary of Transpor-
tation may make project grants under this subchapter from the
Airport and Airway Trust Fund.
(b) INCURRING OBLIGATIONS.—The Secretary may incur obliga-
tions to make grants from amounts made available under section
48103 of this title as soon as the amounts are apportioned under
section 47114(c) and (d)(2) of this title.
(c) EXPIRATION OF AUTHORITY.—After September 30, 1993, the
Secretary may not incur obligations under subsection (b) of this
section, except for obligations of amounts remaining available after
that date under section 47117(b) of this title.
H. R. 1758—509
§ 47105. Project grant applications
(a) SUBMISSION AND CONSULTATION.—(1) An application for a
project grant under this subchapter may be submitted to the Sec-
retary of Transportation by—
(A) a sponsor; or
(B) a State, as the only sponsor, for an airport development
project benefitting at least 2 airports in the State or for airport
planning for similar projects for at least 2 airports in the
State if—
(i) the sponsor of each airport gives written consent
that the State be the applicant;
(ii) the Secretary is satisfied there is administrative
merit and aeronautical benefit in the State being the spon-
sor; and
(iii) an acceptable agreement exists that ensures that
the State will comply with appropriate grant conditions
and other assurances the Secretary requires.
(2) Before deciding to undertake an airport development project
at an airport under this subchapter, a sponsor shall consult with
the airport users that will be affected by the project.
(3) This subsection does not authorize a public agency that
is subject to the laws of a State to apply for a project grant
in violation of a law of the State.
(b) CONTENTS AND FORM.—An application for a project grant
under this subchapter—
(1) shall describe the project proposed to be undertaken;
(2) may propose a project only for a public-use airport
included in the current national plan of integrated airport
systems;
(3) may propose airport development only if the develop-
ment complies with standards the Secretary prescribes or
approves, including standards for site location, airport layout,
site preparation, paving, lighting, and safety of approaches;
and
(4) shall be in the form and contain other information
the Secretary prescribes.
(c) STATE STANDARDS FOR AIRPORT DEVELOPMENT.—The Sec-
retary may approve standards (except standards for safety of
approaches) that a State prescribes for airport development at
nonprimary public-use airports in the State. On approval under
this subsection, a State’s standards apply to the nonprimary public-
use airports in the State instead of the comparable standards pre-
scribed by the Secretary under subsection (b)(3) of this section.
The Secretary, or the State with the approval of the Secretary,
may revise standards approved under this subsection.
(d) CERTIFICATION OF COMPLIANCE.—The Secretary may require
a sponsor to certify that the sponsor will comply with this sub-
chapter in carrying out the project. The Secretary may rescind
the acceptance of a certification at any time. This subsection does
not affect an obligation or responsibility of the Secretary under
another law of the United States.
(e) NOTIFICATION.—The sponsor of an airport for which an
amount is apportioned under section 47114(c) of this title shall
notify the Secretary of the fiscal year in which the sponsor intends
to submit a project grant application for the apportioned amount.
The notification shall be given by the time and contain the informa-
tion the Secretary prescribes.
H. R. 1758—510
§ 47106. Project grant application approval conditioned on
satisfaction of project requirements
(a) PROJECT GRANT APPLICATION APPROVAL.—The Secretary of
Transportation may approve an application under this subchapter
for a project grant only if the Secretary is satisfied that—
(1) the project is consistent with plans (existing at the
time the project is approved) of public agencies authorized
by the State in which the airport is located to plan for the
development of the area surrounding the airport;
(2) the project will contribute to carrying out this sub-
chapter;
(3) enough money is available to pay the project costs
that will not be paid by the United States Government under
this subchapter;
(4) the project will be completed without unreasonable
delay; and
(5) the sponsor has authority to carry out the project as
proposed.
(b) AIRPORT
DEVELOPMENT
PROJECT
GRANT
APPLICATION
APPROVAL.—The Secretary may approve an application under this
subchapter for an airport development project grant for an airport
only if the Secretary is satisfied that—
(1) the sponsor, a public agency, or the Government holds
good title to the areas of the airport used or intended to be
used for the landing, taking off, or surface maneuvering of
aircraft, or that good title will be acquired;
(2) the interests of the community in or near which the
project may be located have been given fair consideration; and
(3) the application provides touchdown zone and centerline
runway lighting, high intensity runway lighting, or land nec-
essary for installing approach light systems that the Secretary,
considering the category of the airport and the kind and volume
of traffic using it, decides is necessary for safe and efficient
use of the airport by aircraft.
(c) ENVIRONMENTAL REQUIREMENTS.—(1) The Secretary may
approve an application under this subchapter for an airport develop-
ment project involving the location of an airport or runway or
a major runway extension—
(A) only if the sponsor certifies to the Secretary that—
(i) an opportunity for a public hearing was given to
consider the economic, social, and environmental effects
of the location and the location’s consistency with the objec-
tives of any planning that the community has carried out;
and
(ii) the airport management board has voting represen-
tation from the communities in which the project is located
or has advised the communities that they have the right
to petition the Secretary about a proposed project;
(B) only if the chief executive officer of the State in which
the project will be located certifies in writing to the Secretary
that there is reasonable assurance that the project will be
located, designed, constructed, and operated in compliance with
applicable air and water quality standards, except that the
Administrator of the Environmental Protection Agency shall
make the certification instead of the chief executive officer
if—
H. R. 1758—511
(i) the State has not approved any applicable State
or local standards; and
(ii) the Administrator has prescribed applicable stand-
ards; and
(C) if the application is found to have a significant adverse
effect on natural resources, including fish and wildlife, natural,
scenic, and recreation assets, water and air quality, or another
factor affecting the environment, only after finding that no
possible and prudent alternative to the project exists and that
every reasonable step has been taken to minimize the adverse
effect.
(2) The Secretary may approve an application under this sub-
chapter for an airport development project that does not involve
the location of an airport or runway, or a major runway extension,
at an existing airport without requiring an environmental impact
statement related to noise for the project if—
(A) completing the project would allow operations at the
airport involving aircraft complying with the noise standards
prescribed for ‘‘stage 2’’ aircraft in section 36.1 of title 14,
Code of Federal Regulations, to replace existing operations
involving aircraft that do not comply with those standards;
and
(B) the project meets the other requirements under this
subchapter.
(3) At the Secretary’s request, the sponsor shall give the Sec-
retary a copy of the transcript of any hearing held under paragraph
(1)(A) of this subsection.
(4)(A) Notice of certification or of refusal to certify under para-
graph (1)(B) of this subsection shall be provided to the Secretary
not later than 60 days after the Secretary receives the application.
(B) The Secretary shall condition approval of the application
on compliance with the applicable standards during construction
and operation.
(5) The Secretary may make a finding under paragraph (1)(C)
of this subsection only after completely reviewing the matter. The
review and finding must be a matter of public record.
(d) GENERAL AVIATION AIRPORT PROJECT GRANT APPLICATION
APPROVAL.—(1) In this subsection, ‘‘general aviation airport’’ means
a public airport that is not an air carrier airport.
(2) The Secretary may approve an application under this sub-
chapter for an airport development project included in a project
grant application involving the construction or extension of a run-
way at a general aviation airport located on both sides of a boundary
line separating 2 counties within a State only if, before the applica-
tion is submitted to the Secretary, the project is approved by the
governing body of each village incorporated under the laws of the
State and located entirely within 5 miles of the nearest boundary
of the airport.
(e) WITHHOLDING APPROVAL.—(1) The Secretary may withhold
approval of an application under this subchapter for amounts appor-
tioned under section 47114(c) and (e) of this title for violating
an assurance or requirement of this subchapter only if—
(A) the Secretary provides the sponsor an opportunity for
a hearing; and
(B) not later than 180 days after the later of the date
of the application or the date the Secretary discovers the non-
compliance, the Secretary finds that a violation has occurred.
H. R. 1758—512
(2) The 180-day period may be extended by—
(A) agreement between 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 approval may obtain 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 action must
be brought not later than 60 days after the order is served on
the petitioner.
§ 47107. Project grant application approval conditioned on
assurances about airport operations
(a) 
GENERAL
WRITTEN
ASSURANCES.—The 
Secretary 
of
Transportation may approve a project grant application under this
subchapter for an airport development project only if the Secretary
receives written assurances, satisfactory to the Secretary, that—
(1) the airport will be available for public use on reasonable
conditions and without unjust discrimination;
(2) air carriers making similar use of the airport will be
subject to substantially comparable charges—
(A) for facilities directly and substantially related to
providing air transportation; and
(B) regulations and conditions, except for differences
based on reasonable classifications, such as between—
(i) tenants and nontenants; and
(ii) signatory and nonsignatory carriers;
(3) the airport operator will not withhold unreasonably
the classification or status of tenant or signatory from an air
carrier that assumes obligations substantially similar to those
already imposed on air carriers of that classification or status;
(4) a person providing, or intending to provide, aeronautical
services to the public will not be given an exclusive right
to use the airport, with a right given to only one fixed-base
operator to provide services at an airport deemed not to be
an exclusive right if—
(A) the right would be unreasonably costly, burden-
some, or impractical for more than one fixed-base operator
to provide the services; and
(B) allowing more than one fixed-base operator to pro-
vide the services would require reducing the space leased
under an existing agreement between the one fixed-base
operator and the airport owner or operator;
(5) fixed-base operators similarly using the airport will
be subject to the same charges;
(6) an air carrier using the airport may service itself or
use any fixed-base operator allowed by the airport operator
to service any carrier at the airport;
(7) the airport and facilities on or connected with the air-
port will be operated and maintained suitably, with consider-
ation given to climatic and flood conditions;
(8) a proposal to close the airport temporarily for a
nonaeronautical purpose must first be approved by the Sec-
retary;
H. R. 1758—513
(9) appropriate action will be taken to ensure that terminal
airspace required to protect instrument and visual operations
to the airport (including operations at established minimum
flight altitudes) will be cleared and protected by mitigating
existing, and preventing future, airport hazards;
(10) appropriate action, including the adoption of zoning
laws, has been or will be taken to the extent reasonable to
restrict the use of land next to or near the airport to uses
that are compatible with normal airport operations;
(11) each of the airport’s facilities developed with financial
assistance from the United States Government and each of
the airport’s facilities usable for the landing and taking off
of aircraft always will be available without charge for use
by Government aircraft in common with other aircraft, except
that if the use is substantial, the Government may be charged
a reasonable share, proportionate to the use, of the cost of
operating and maintaining the facility used;
(12) the airport owner or operator will provide, without
charge to the Government, property interests of the sponsor
in land or water areas or buildings that the Secretary decides
are desirable for, and that will be used for, constructing at
Government expense, facilities for carrying out activities related
to air traffic control or navigation;
(13) the airport owner or operator will maintain a schedule
of charges for use of facilities and services at the airport—
(A) that will make the airport as self-sustaining as
possible under the circumstances existing at the airport,
including volume of traffic and economy of collection; and
(B) without including in the rate base used for the
charges the Government’s share of costs for any project
for which a grant is made under this subchapter or was
made under the Federal Airport Act or the Airport and
Airway Development Act of 1970;
(14) the project accounts and records will be kept using
a standard system of accounting that the Secretary, after
consulting with appropriate public agencies, prescribes;
(15) the airport owner or operator will submit any annual
or special airport financial and operations reports to the Sec-
retary that the Secretary reasonably requests;
(16) the airport owner or operator will maintain a current
layout plan of the airport that meets the following require-
ments:
(A) the plan will be in a form the Secretary prescribes;
(B) the Secretary will approve the plan and any revi-
sion or modification before the plan, revision, or modifica-
tion takes effect;
(C) the owner or operator will not make or allow any
alteration in the airport or any of its facilities if the alter-
ation does not comply with the plan the Secretary approves,
and the Secretary is of the opinion that the alteration
may affect adversely the safety, utility, or efficiency of
the airport; and
(D) when an alteration in the airport or its facility
is made that does not conform to the approved plan and
that the Secretary decides adversely affects the safety,
utility, or efficiency of any property on or off the airport
H. R. 1758—514
that is owned, leased, or financed by the Government,
the owner or operator, if requested by the Secretary, will—
(i) eliminate the adverse effect in a way the Sec-
retary approves; or
(ii) bear all cost of relocating the property or its
replacement to a site acceptable to the Secretary and
of restoring the property or its replacement to the
level of safety, utility, efficiency, and cost of operation
that existed before the alteration was made;
(17) each contract and subcontract for program manage-
ment, construction management, planning studies, feasibility
studies, architectural services, preliminary engineering, design,
engineering, surveying, mapping, and related services will be
awarded in the same way that a contract for architectural
and engineering services is negotiated under title IX of the
Federal Property and Administrative Services Act of 1949 (40
U.S.C. 541 et seq.) or an equivalent qualifications-based
requirement prescribed for or by the sponsor; and
(18) the airport and each airport record will be available
for inspection by the Secretary on reasonable request, and
a report of the airport budget will be available to the public
at reasonable times and places.
(b) WRITTEN ASSURANCES ON USE OF REVENUE.—(1) The Sec-
retary of Transportation may approve a project grant application
under this subchapter for an airport development project only if
the Secretary receives written assurances, satisfactory to the Sec-
retary, that local taxes on aviation fuel (except taxes in effect
on December 30, 1987) and the revenues generated by a public
airport will be expended for the capital or operating costs of—
(A) the airport;
(B) the local airport system; or
(C) other local facilities owned or operated by the airport
owner or operator and directly and substantially related to
the air transportation of passengers or property.
(2) Paragraph (1) of this subsection does not apply if a provision
enacted not later than September 2, 1982, in a law controlling
financing by the airport owner or operator, or a covenant or assur-
ance in a debt obligation issued not later than September 2, 1982,
by the owner or operator, provides that the revenues, including
local taxes on aviation fuel at public airports, from any of the
facilities of the owner or operator, including the airport, be used
to support not only the airport but also the general debt obligations
or other facilities of the owner or operator.
(3) This subsection does not prevent the use of a State tax
on aviation fuel to support a State aviation program or the use
of airport revenue on or off the airport for a noise mitigation
purpose.
(c) WRITTEN ASSURANCES
ON ACQUIRING LAND.—(1) In this
subsection, land is needed for an airport purpose (except a noise
compatibility purpose) if—
(A)(i) the land may be needed for an aeronautical purpose
(including runway protection zone) or serves as noise buffer
land; and
(ii) revenue from interim uses of the land contributes to
the financial self-sufficiency of the airport; and
(B) for land purchased with a grant the owner or operator
received not later than December 30, 1987, the Secretary of