A bill to authorize the Secretary of Transportation to make emergency airport improvement project grants-in-aid under title 49, United States Code, for repairs and costs related to damage from Hurricanes Katrina and Rita.
PL 109-87 (S.1786), enacted 10/07/2005

119 STAT. 2059
PUBLIC LAW 109–87—OCT. 7, 2005
Public Law 109–87
109th Congress
An Act
To authorize the Secretary of Transportation to make emergency airport improve-
ment project grants-in-aid under title 49, United States Code, for repairs and
costs related to damage from Hurricanes Katrina and Rita.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EMERGENCY USE OF GRANTS-IN-AID FOR AIRPORT
IMPROVEMENTS FOR FISCAL YEARS 2005 AND 2006.
(a) IN GENERAL.—The Secretary of Transportation may make
project grants under part B, subtitle VII, of title 49, United States
Code, from amounts that remain unobligated after the date of
enactment of this Act for fiscal years 2005 and 2006—
(1) from apportioned funds under section 47114 of that
title apportioned to an airport described in subsection (b)(1)
or to a State in which such airport is located; or
(2) from funds available for discretionary grants to such
an airport under section 47115 of such title.
(b) ELIGIBLE AIRPORTS AND USES.—The Secretary may make
grants under subsection (a) for—
(1) emergency capital costs incurred by a public use airport
in Louisiana, Mississippi, Alabama, or Texas that is listed
in the Federal Aviation Administration’s National Plan of
Integrated Airport Systems of repairing or replacing public
use facilities that have been damaged as a result of Hurricane
Katrina or Hurricane Rita; and
(2) emergency operating costs incurred by an airport
described in paragraph (1) as a result of Hurricane Katrina
or Hurricane Rita.
(c) PRIORITIES.—In making grants authorized by subsection
(a), the Secretary shall give priority to—
(1) airport development within the meaning of section
47102 of title 49, United States Code;
(2) terminal development within the meaning of section
47110 of that title;
(3) repair or replacement of other public use airport facili-
ties; and
(4) emergency operating costs incurred at public use air-
ports in Louisiana, Mississippi, Alabama, and Texas.
(d) 
MODIFICATION
OF
CERTAIN
OTHERWISE
APPLICABLE
REQUIREMENTS.—For purposes of any grant authorized by sub-
section (a)—
(1) the Secretary may waive any otherwise applicable
limitation on, or requirement for, grants under section 47102,
47107(a)(17), 47110, or 47119 of title 49, United States Code,
State listing.
Oct. 7, 2005
[S. 1786]
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119 STAT. 2060
PUBLIC LAW 109–87—OCT. 7, 2005
LEGISLATIVE HISTORY—S. 1786:
CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 28, considered and passed Senate.
Oct. 6, considered and passed House.
if the Secretary determines that the waiver is necessary to
respond, in as timely and efficient a manner as possible, to
the urgent needs of the region damaged by Hurricane Katrina
or Hurricane Rita;
(2) the United States Government’s share of allowable
project costs shall be 100 percent, notwithstanding the provi-
sions of section 47109 of that title;
(3) any project funded by such a grant shall be deemed
to be an airport development project (within the meaning of
section 47102 of that title), except for the purpose of estab-
lishing priorities under subsection (c) of this section among
projects to be funded by such grants; and
(4) no project funded by such a grant may be considered,
for the purpose of any other provision of law, to be a major
Federal action significantly affecting the quality of the human
environment.
Approved October 7, 2005.
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