A bill to amend title 49, United States Code, to expand passenger facility fee eligibility for certain noise compatibility projects.
PL 110-337 (S.996), enacted 10/02/2008

122 STAT. 3729 
PUBLIC LAW 110–337—OCT. 2, 2008 
Public Law 110–337 
110th Congress 
An Act 
To amend title 49, United States Code, to expand passenger facility fee eligibility 
for certain noise compatibility projects. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. EXPANDED PASSENGER FACILITY FEE ELIGIBILITY 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.— 
‘‘(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 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 at which such building is used primarily for edu-
cational purposes, notwithstanding the air easement 
granted or any terms to the contrary in such judgment 
and final order, if— 
‘‘(i) the Secretary determines that the building is 
adversely affected by airport noise; 
‘‘(ii) the building is owned or chartered by the 
school district that was the plaintiff in case number 
986,442 or 986,446, which was resolved by such judg-
ment and final order; 
‘‘(iii) the project is for a school identified in 1 
of the settlement agreements effective February 16, 
2005, between the airport and each of the school dis-
tricts; 
‘‘(iv) in the case of a project to replace a relocatable 
building with a permanent building, the eligible project 
costs are limited to the actual structural construction 
costs necessary to mitigate aircraft noise in instruc-
tional classrooms to an interior noise level meeting 
current standards of the Federal Aviation Administra-
tion; and 
‘‘(v) the project otherwise meets the requirements 
of this section for authorization of a passenger facility 
fee. 
Oct. 2, 2008 
[S. 996] 
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122 STAT. 3730 
PUBLIC LAW 110–337—OCT. 2, 2008 
LEGISLATIVE HISTORY—S. 996: 
CONGRESSIONAL RECORD, Vol. 154 (2008): 
Feb. 28, considered and passed Senate. 
Sept. 17, considered and passed House. 
‘‘(B) 
ELIGIBLE
PROJECT
COSTS.—In 
subparagraph 
(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.’’. 
Approved October 2, 2008. 
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