Airport and Airway Development Act Amendments
PL 94-353 (H.R.9771), enacted 07/12/1976

PUBLIC LAW 94-353—JULY 12, 1976 
90 STAT. 871 
Public Law 94-353 
94th Congress 
An Act 
To amend the Airport and Airway Development Act of 1970. 
Be it enacted hy the Senate ayid House of Representatives of the 
United States of America in Congress assembled^ That this Act may 
be cited as the "Airport and Airway Development Act Amendments 
of 1976". 
TITLE I—AIRPORT AND AIRWAY DEVELOPMENT ACT 
AMENDMENTS 
July 12, 1976 
[H.R. 9771] 
Airport and 
Airway 
Development Act 
Amendments of 
1976. 
49 u s e 1701 
note. 
DECLARATION OF POLICY 
SEC. 2. Section 2 of the Airport and Airway Development Act of 
1970 (49 U.S.C. 1701) is amended by striking out "June 30, 1980," 
the first place it appears and inserting in lieu thereof "September 30, 
1980," and by striking out everything after "$250,000,000.". 
DEFIXITIONS 
SEC. 3. (a) Section 11 of the Airport and Airway Development Act 
of 1970 (49 U.S.C. 1711) is amended as follows: 
(1) Paragraph (2) is amended by— 
(A) striking out "and (B)" and inserting in lieu thereof 
"and including snow removal equipment, and including the 
purchase of noise suppressing equipment, the construction of 
physical barriers, and landscaping for the purpose of dimin-
ishing the effect of aircraft noise on any area adjacent to a 
public airport, (B)"; and 
(B) striking out the period at the end thereof and insert-
ing in lieu thereof ", and (C) any acquisition of land or of 
any interest therein necessary to insure that such land is used 
only for purposes which are compatible with the noise levels 
of the operation of a public airport.". 
(2) Paragraph (4) is amended by adding after "feasibility 
studies," the following: "including the potential use and develop-
ment of land surrounding an actual or potential airport site,". 
(3) Before paragraph (1), add the following new paragraph: 
"(1) 'Air carrier airport' means an existing public airport regu-
larly served, or a new public airport which the Secretary determines 
" : , 
will be regularly served, by an air carrier certificated by the Civil 
Aeronautics Board under section 401 of the Federal Aviation Act of 
1958 (other than a supplemental air carrier), and a commuter service 49 USC 1371. 
airport.". 
(4) After paragraph (5), add the following new paragraphs: 
"(6) 'Commuter service airport' means an air carrier airport which 
is not served by an air carrier certificated under section 401 of the 
Federal Aviation Act of 1958 and which is regularly served by one or 
more air carriers operating under exemption granted by the Civil 
Aeronautics Board from section 401(a) of the Federal Aviation Act 
of 1958 at which not less than two thousand five hundred passengers 
90 STAT. 872 
PUBLIC LAW 94-353—JULY 12, 1976 
were enplaned in the aggregate by all such air carriers from such 
airport during the preceding calendar year. 
"(7) 'General aviation airport'means a public airport which is not 
an air carrier airport.". 
(5) After paragraph (12), add the following new paragraph: 
"(13) 'Reliever airport'means a general aviation airport designated 
. ."i , 
by the Secretary as having the primary function of relieving conges-
tion at an air carrier airport by diverting from such airport general 
aviation traffic". 
49 use 1711. 
(b) Section 11 of the A.irport and Airway Development Act of 1970 
is amended by renumbering the pai-agraphs of such section as para-
graphs (1) through (21), respectively, and renumbering all references 
to such paragraphs accordingly. 
; * 
REVISED NATIONAL AIRPORT SYSTEM PLAN 
SEC. 4. Section 12 of the Airport and Airway Development Act of 
1970 (49 U.S.C. 1712) is amended by adding at the end thereof the 
following new subsection: 
"(i) REVISED SYSTEM PLAN.—No later than January 1, 1978, the 
Secretary shall consult with the Civil Aeronautics Board and with 
each State and airport sponsor, and, in accordance with this section, 
prepare and publish a revised national airport system plan for the 
development of public airports in the United States. Estimated costs 
contained in such revised plan shall be sufficiently accurate so as to be 
capable of being used for future year apportionments. In addition to 
the information required by subsection (a), the revised plan shall 
include an identification of the levels of public service and the uses 
made of each public airport in the plan, and the projected airport 
development which the Secretary deems necessary to fulfill the levels 
of service and use of such airports during the succeeding ten-year 
period.". 
PLANNING GRANTS 
SEC. 5. Section 13(b) of the Airport and Airway Development Act 
of 1970 (49 U.S.C. 1713) is amended as follows: 
(1) The side heading is amended by striking out "APPORTION-
MENT" and inserting in lieu thereof "LIMITATION". 
(2) Paragraph (1) is amended by striking out "$75,000,000 
and" and inserting in lieu thereof "$150,000,000,". 
(3) Paragraph (2) is amended to read as follows: 
"(2) The United States share of any airport master planning grant 
under this section shall be that per centum for which a project for 
airport development at that airport would be eligible under section 17 
Post, p. 877. 
of this Act. In the case of any airport system planning grant under 
this section, the United States share shall be 75 per centum,". 
(4) Paragraph (3) is amended by striking out "7.5" and 
' 
*' 
inserting in lieu thereof "10". 
AIRPORT AND AIRWAY DEVELOPMENT PROGRAM 
SEC. 6. (a) Section 14(a) of the Airport and Airway Development 
Act of 1970 (49 U.S.C. 1714) is amended by adding at the end thereof 
the following new paragraphs: 
"(3) For the purpose of developing air carrier airports in the 
several States, the Commonwealth of Puerto Rico, Guam, American 
Samoa, the Trust Territory of the Pacific Islands, and the Virgin 
PUBLIC LAW 94-353—JULY 12, 1976 
90 STAT. 873 
Islands, $435,000,000 for fiscal year 1976, including the period July 1, 
1976, through September 30, 1976, $440,000,000 for fiscal year 1977, 
$465,000,000 for fiscal year 1978, $495,000,000 for fiscal year 1979, and 
' ' • ' 
$525,000,000 for fiscal year 1980. 
"(4) For the purpose of developing general aviation airports in 
the several States, the Commonvs^ealth of Puerto Eico, Guam, Ameri-
can Samoa, the Trust Territory of the Pacific Islands, and the Virgin 
Islands, $65,000,000 for fiscal year 1976, including the period July 1, 
1976, through September 30, 1976, $70,000,000 for fiscal year 1977, 
$75,000,000 for fiscal year 1978, $80,000,000 for fiscal year 1979, and 
$85,000,000 for fiscal year 1980.". 
(b) (1) Section 14(b) of such Act is amended— 
49 USC 1714. 
(A) by inserting "(1)" immediately before the first sentence; 
and 
(B) in the second, third, and fourth sentences, by striking out 
"subsection" and inserting in lieu thereof "paragraph". 
(2) Section 14(b) of such Act is further amended by adding at the 
end thereof the following new paragraph: 
" (2) The Secretary is authorized to incur* obligations to make grants Grants, 
for airport development from funds made available under paragraphs 
(3) and (4) of subsection (a) of this section, and such authority shall 
exist with respect to funds available for the making of grants for any 
fiscal year or part thereof pursuant to subsection (a) immediately after 
such funds are apportioned pursuant to section 15(a) of this title. No Post, p. 874. 
obligation shall be incurred under this paragraph after September 30, 
1980. The Secretary shall not incur more than one obligation under 
this paragraph Avith respect to any single project for airport develop-
ment. Notwithstanding any other provision of this title, no part of 
any of the funds authorized, or authorized to be obligated, for fiscal 
year 1980 at the discretion of the Secretary under paragraphs (3) (B) 
and (4) (C) of section 15(a), and no part of the discretionary funds 
for reliever airports under such paragraph (4), shall be obligated or 
otherwise expended except in accordance with a statute enacted after 
the date of enactment of this sentence.". 
(c) Section 14(c) of such Act is amended by striking out the period 
at the end thereof and by inserting in lieu thereof a comma and the 
following: "not less than $312,500,000 for fiscal year 1976, including 
the period July 1,1976, through September 30,1976, and not less than 
$250,000,000 per fiscal year for the fiscal years 1977 through 1980.". 
(d) Section 14(e) of such Act is redesignated as section 14(f) and 
the following is inserted in section 14 as a new subsection (e) : 
"(e) OTHER EXPENSES.—The balance of the moneys available in the 
Airport and Airway Ti-ust Fund may be appropriated for (1) costs 
of services provided under international agreements relating to the 
joint financing of air navigation services which are assessed against 
the United States Government, and (2) direct costs incurred by 
the Secretary to flight check and maintain air navigation facilities 
referred to in subsection (c) of this section in a safe and efficient 
condition. Eligible maintenance expenses are limited to costs incurred 
in the field and exclude the costs of engineering support and plan-
ning, direction, and evaluation activities. The amounts appropriated 
from the Airport and Airway Trust Fund for the purposes of clauses 
(1) and (2) may not exceed $250,000,000 for fiscal year 1977, 
$275,000,000 for fiscal year 1978, $300,000,000 for fiscal year 1979, and 
$325,000,000 for fiscal year 1980. The amounts appropriated in any 
fiscal year under this subsection may not exceed, when added to the 
minimum amounts authorized for that year under subsections (a), 
90 STAT. 874 
PUBLIC LAW 94-353—JULY 12, 1976 
(c), and (d) of this section, the amounts transferi-ed to the Airport 
and Airway Trust Fund for that year under subsection 208(b) of the 
49 use 1742. 
Airport and Airway Kevenue Act of 1970, No part of the amount 
appropriated from the Airport and Airway Trust Fund in any fiscal 
year for obligation or expenditure under clause (2) of this subsection 
shall be obligated or expended which exceeds that amount which bears 
the same ratio to the maximum amount which may be appropriated 
under clauses (1) and (2) of this subsection for such fiscal year as 
the total amount obligated in that fiscal year under paragi'aphs (3) 
and (4) of subsection (a) of this section bears to the aggregate of 
the minimum amount made available for obligation under each such 
V \' L
/
R
; 
paragraph for such fiscal year.". 
(e) Paragraph (1) of subsection (f) (as redesignated by this sec-
tion) of section 14 of the Airport and Airway Development Act of 
49 use 1714. 
1970 is amended by striking out "subsections (c) and (d) of this sec-
tion, as amended" and by inserting in lieu thereof "this section". 
(f) Paragraph (2) of subsection (f) (as redesignated by this sec-
tion) of section 14 of the Airport and Airway Development Act of 
^ : 
1970 is amended by striking out "subsections (a) and (c)" and insert-
ing in lieu thereof "subsections (a), (c), (d) and the third sentence 
of subsection (e)". 
(g) Paragraph (3) of subsection (f) (as redesignated by this sec-
tion) of section 14 of the Airport and Airway Development Act of 
; t ^ 
1970 is amended by striking out "subsection (d)." and inserting 
"subsection (e),". 
DISTRIBUTION OF FUNDS 
,• 
SEC. 7. (a) Section 15(a) of the Airport and Airway Development 
Act of 1970 (49 U.S.C. 1715) is amended by renumbering paragraphs 
(3) and (4) as (5) and (6), respectively, and by inserting immedi-
ately following paragraph (2) the following new paragraphs: 
"(3) As soon as possible after the date of enactment of this para-
graph for fiscal year 1976, including the period July 1, 1976, through 
September 30, 1976, and on the first day of each fiscal year which 
begins on or after Octol^er 1,1976, for which any amount is authorized 
to be obligated for the purposes of paragraph (3) of section 14(a) of 
Ante, p. 872. 
this part, the amount made available for that year shall be apportioned 
by the Secretary as follows: 
"(A) To each sponsor of an air carrier airport (other than a 
commuter service airport) as follows: 
"(i) $6.00 for each of the first fifty thousand passengers 
enplaned at that airport. 
"(ii) $4.00 for each of the next fifty thousand passengers 
enplaned at that airport. 
"(iii) $2.00 for each of the next four hundred thousand 
passengers enplaned at that airport. 
"(iv) $0.50 for each passenger enplaned at that airport 
over five hundred thousand. 
No air carrier airport (other than a commuter service airport) — 
"(I) served by air carrier aircraft heavier than 12,500 
pounds maximum certificated gross takeoff weight, or previ-
ously served, on or after September 30, 1968, by air carrier 
aircraft heavier than 12,500 pounds maximum certificated 
gross takeoff weight and presently served by air carrier air-
craft 12,500 pounds or less maximum certificated gross takeoff 
weight, shall receive under this subparagraph less than 
$187,500 or more than $12,500,000 for fiscal year 1976, includ-
PUBLIC LAW 94-353—JULY 12, 1976 
90 STAT. 875 
ing the period July 1, 1976 through September 30, 1976, and 
less than $150,000 or more than $10,000,000 per fiscal year 
• 
for fiscal years 1977 through 1980; and 
"(II) served by air carrier aircraft 12,500 pounds or less 
maximum certificated gross takeoff weight which, since Sep-
tember 29,1968, has never been regularly served by air carrier 
aircraft heavier than 12,500 pounds maximum certificated 
' 
^' 
gross takeoff weight shall receive under this subparagraph 
less than $62,500 or more than $12,500,000 for fiscal year 1976, 
including the period July 1,1976, through September 30,1976, 
and less than $50,000 or more than $10,000,000 per fiscal year 
for fiscal yeai-s 1977 through 1980. 
In no event shall the total amount of all apportionments 
under this subparagraph (A) for any fiscal year exceed two-
thirds of the amount authorized to be obligated for the pur-
poses of paragraph (3) of section 14(a) of this part for such 
fiscal year. In any case in which an apportionment would be 
reduced by the preceding sentence, the Secretary sihall for 
.- 
K
. 
such fiscal year reduce the apportionment to each sponsor of 
an air carrier airport proportionately so that such two-thirds 
amount is achieved. 
"(B) Any amount not apportioned under subparagraph (A) 
of this paragraph shall be distributed at the discretion of the 
Secretary as follows: 
"(i) $18,750,000 for fiscal year 1976, including the period 
July 1, 1976, through September 30, 1976, and $15,000,000 
per fiscal year for the fiscal years 1977 through 1980, to com-
muter service airports. 
"(ii) The remainder of such amount to air carrier airports. 
"(4) As soon as possible after the date of enactment of this para-
graph for fiscal year 1976, including the period July 1, 1976, thi-ough 
September 30, 1976, and on the first day of each fiscal year which 
begins on or after October 1,1976, for which any amount is authorized 
to be obligated for the purposes of paragraph (4) of section 14(a) of 
this part, the amount made available minus $18,750,000 in the case of Ante, p. 872. 
fiscal year 1976, including such period, and minus $15,000,000 in the 
case of each of the fiscal years 1977 through 1980, shall be apportioned 
by the Secretary as follows: 
"(A) 75 per centum for the several States, one-half in the pro-
portion which the population of each State bears to the total 
population of all the States, and one-half in the proportion which 
the area of each State beai-s to the total area of all the States. 
"(B) 1 per centum for the Commonwealth of Puerto Rico, 
Guam, American Samoa, the Trust Territory of the Pacific 
Islands, and the Virgin Islands to be distributed at the discretion 
of the Secretary. 
"(C) 24 per centum to be distributed at the discretion of the 
Secretary to general aviation airports. 
$18,750,000 of the amount made available for fiscal year 1976, including 
such period, and $15,000,000 of the amount made available for each of 
the other fiscal years shall be distributed at the discretion of the 
Secretary to reliever airports.". 
(b) Paragraph (5) of such section 15(a) (as renumbered by this 49 USC 1715. 
section) is amended by inserting after "(2) (A)" the following "or 
(4) (A)", by inserting after "(1)(B)" the following "or (3) (A)", 
and by adding at the end thereof the following new sentence: "For 
90 STAT. 876 
PUBLIC LAW 94-353—JULY 12, 1976 
49 use 1715. 
Enplanements. 
49 use 1715 
note. 
Ante, p. 874. 
purposes of this paragraph funds apportioned pursuant to this section 
for fiscal year 1976, including the period July 1, 1976, through Sep-
tember 30, 19*96, shall be available for obligation for the same period 
of time as if such funds were apportioned for fiscal year 1976 exclusive 
of such period.". 
(c) Section 15(b) (2) of the Airport and Airway Development Act 
of 1970 is amended by striking out "(3)" and inserting in lieu thereof 
"(5)". 
(d) The first sentence of subsection (c) of section 16 of the Airport 
and Airway Development Act of 1970 is amended to read as follows: 
"The Secretary shall inform each air carrier airport sponsor and the 
Goveinor of each State, or the chief executive officer of the equivalent 
jurisdiction, as the case may be, on April 1 of each year of the esti-
mated amount of the apportionment to be made on October 1 of that 
year.". 
(e) In making the apportionment for fiscal year 1976, including 
the period July 1, 1976, through September 30, 1976, under section 
15(a) (3) (A) of the Airport and Airway Development Act of 1970, 
the Secretary of Transportation shall increase the number of enplane-
ments at each airport by 25 percent. 
PROJECT APPROVAL 
Ante, p. 872. 
Grants. 
SEC. 8. (a) The first sentence of subsection (a) of section 16 of the 
Airport and Airway Development Act of 1970 (49 U.S.C. 1716) is 
amended by inserting after 
project application" the following "for 
one or more projects". The second sentence of subsection (a) of section 
16 of the Airport and Airway Development Act of 1970 is amended by 
striking out "No" and inserting in lieu thereof "Until July 1, 1975, 
no". Such section 16(a) is further amended by adding at the end 
thereof the following new sentences: "After June 30, 1975, no project 
application shall propose airport development except in connection 
with the following airports included in the current revision of the 
national airport system plan formulated by the Secretary under sec-
tion 12 of this Act: (1) air carrier airports, (2) commuter service 
airports, (3) reliever airports, and (4) general aviation airports (A) 
which are regularly served by aircraft transporting United States 
mail, or (B) which are regularly used by aircraft of a unit of the Air 
National Guard or of a Reserve component of the Armed Forces of 
the United States, or (C) which the Secretary determines have a sig-
nificant national interest. Except as provided in subsection (g), all 
proposed development shall be in accordance with standards estab-
lished by the Secretary, including standards for site location, airport 
layout, grading, drainage, seeding, paving, lighting, and safety of 
approaches.". 
(b) Section 16 of the Airport and Airway Development Act of 
1970 is amended by adding at the end thereof the following new sub-
sections : 
"(g) STATE STANDARDS.— 
"(1) The Secretary is authorized to make grants to any State, upon 
application therefor, for not to exceed 75 per centum of the cost of 
developing standards for airport development at general aviation air-
ports in such State, other than standards for safety of approaches. 
The aggregate of all grants made to any State under this paragraph 
shall not exceed $25,000. 
PUBLIC LAW 94-353—JULY 12, 1976 
90 STAT. 877 
Appropriation 
authorization. 
"(2) The Secretary is authorized to approve standards established 
by a State for airport development at general aviation airports in 
such State, other than standards for safety of approaches, and upon 
such approval such State standards shall be the standards applicable 
to such general aviation airports in lieu of any comparable standard 
established under subsection (a) of this section. State standards 
approved under this subsection may be revised, from time to time, as 
the State or the Secretary determines necessary, subject to approval of 
such revisions by the Secretary. 
"(3) There is authorized to be appropriated out of the Airport and 
Airway Trust Fund not to exceed $1,275,000 to carry out this subsec-
tion. 
"(h) The Secretary is authorized in connection with any project 
to accept a certification from a sponsor or a planning agency that 
such sponsor or agency will comply with all of the statutory and 
administrative requirements imposed on such sponsor or agency under 
this Act in connection with such project. Acceptance by the Secre-
tary of a certification from a sponsor or agency may be rescinded by 
the Secretary at any time if, in his opinion, it is necessary to do so. 
Nothing in this subsection shall affect or discharge any responsibility 
or obligation of the Secretary under any other Federal law, includ-
ing the National Environmental Policy Act of 1969 (42 IJ.S.C. 4321 
et seq.), section 4(f) of the Department of Transportation Act (49 
U.S.C. 1652), title VI of the Civil Eights Act of 1964 (42 U.S.C. 
2000b), title VIII of the Act of April 11,1968 (42 U.S.C. 3601 et seq.), 
and the Uniform Relocation Assistance and Land Acquisition Policies 
Act of 1970 (42 U.S.C. 4601 et seq.).". 
(c) Section 12(a) of the Airport and Airway Development Act 
of 1970 is amended by adding at the end thereof the following new 
sentence: "After June 30, 1975, the Secretary shall not include in the 
national airport system plan any airport which is not eligible for 
airport development grants under the next to the last sentence of sec-
tion 16(a) of this title, except that nothing in this sentence shall Ante, p. 876 
require the Secretary to remove from the national airport system plan 
any airport in such plan on June 30,1975.". 
49 use 1653. 
42 use 2000d. 
49 use 1712. 
UNITED STATES SHARE 
SEC. 9. (a) Section 17(a) of the Airport and Airway Development 
Act of 1970 (49 U.S.C. 1717) is amended by striking out everything 
after "section 16" and inserting in lieu thereof the following: 
"of this part— 
"(^1) may not exceed 50 per centum of the allowable project 
costs in the case of grants made from funds for fiscal years 1971, 
1972, and 1973, and may not exceed 50 per centum for sponsors 
whose airports enplane not less than 1 per centum of the total 
annual passengers enplaned by air carriers certificated by the Civil 
Aeronautics Board, and may not exceed 75 per centum for spon-
sors w-hose airports enplane less than 1 per centum of the total 
annual passengers enplaned by air carriers certificated by the 
Civil Aeronautics Board and for sponsors of general aviation 
or reliever airports, in the case of grants made from funds for 
fiscal years 1974 and 1975; and 
" (2) (A) shall be 90 per centum of the allowable project costs 
in the case of grants from funds for fiscal year 1976, including 
the period July 1,1976, through September 30,1976, and for fiscal 
years 1977 and 1978, and shall be 80 per centum of the allowable 
90 STAT. 878 
PUBLIC LAW 94-353—JULY 12, 1976 
; 
project costs in the case of grants from funds for fiscal years 1979 
and 1980, (i) for each air carrier airport (other than a commuter 
service airport) which enplanes less than one-quarter of 1 per 
centum of the total annual passengers enplaned as determined for 
purposes of making the latest annual apportionment under sec-
Ante, p. 874. 
tion 15(a) (3) of this Act, (ii) for each commuter service airport, 
and (iii) for each general aviation airport; and 
"(B) shall be 75 per centum of the allowable project costs in the 
case of all other airports.". 
(b) Section 17(b) of such Act (49 U.S.C. 1717) is amended by 
. 
adding at the end thereof the following new sentence: "In no event 
shall such United States share, as increased by this subsection, exceed 
the greater of (1) the percentage share determined under subsection 
(a) of this section, or (2) the percentage share applying on June 30, 
1975, as determined under this subsection.". 
(c) Section 17(c) is amended by striking out "The" and inserting 
in lieu thereof "For fiscal years 1971 through 1975, the ". 
(d) Section 17(d) of such Act is amended by striking out every-
thing after "share" and inserting in lieu thereof "shall be the same 
percentage as is otherwise applicable to such project.". 
Repeal. 
(e) Section 17(e) of such Act is hereby repealed. 
PROJECT 
SPONSORSHIP 
SEC. 10. (a) Section 18 of the Airport and Airway Development 
Act of 1970 (49 U.S.C. 1718) is amended by inserting "(a) SPONSOR-
SHIP.—" immediately before "As a condition precedent", by striking 
out "section." at the end of such section and inserting in lieu thereof 
"subsection.", and by adding at the end thereof the following new 
subsection: 
"(b) CONSULTATION.—In making a decision to undertake any project 
under this title, any sponsor of an air carrier airport shall consult 
... 
with air carriers using the airport at which such airport development 
project is proposed and any sponsor of a general aviation airport shall 
^ 
consult with fixed-base operators using the airport at which such air-
port development project is proposed.". 
(b) Paragraph (8) of subsection (a) of section 18 of the Airport 
and Airway Development Act of 1970 (as redesignated by subsection 
(a) of this section) is amended by striking out the semicolon and 
inserting in lieu thereof the following: ", except that no part of the 
Federal share of an airport development project for which a grant is 
made under this title or under the Federal Airport Act (49 U.S.C. 
1101 et seq.) shall be included in the rate base in establishing fees, 
rates, and charges for users of that airport;". 
(c) Paragraph (1) of section 18(a) of the Airport and Airway 
Development Act of 1970 (as redesignated by subsection (a) of this 
section) is amended by striking out the semicolon and inserting in lieu 
thereof the following: ", including the requirement that (A) each 
air carrier, authorized to engage directly in air transportation pur-
49 use 1371, 
suant to section 401 or 402 of the Federal Aviation Act of 1958, using 
1372. 
such airport shall be subject to nondiscriminatory and substantially 
comparable rates, fees, rentals, and other charges and nondiscrimina-
tory and substantially comparable rules, regulations, and conditions 
as are applicable to all such air carriers which make similar use of 
such airport and which utilize similar facilities, subject to reasonable 
classifications such as tenants or nontenants, and combined passenger 
and cargo flights or all cargo flights, and such classification or status 
PUBLIC LAW 94-353—JULY 12, 1976 
90 STAT. 879 
as tenant shall not be unreasonably withheld by any airport provided 
an air carrier assumes obligations substantially similar to those 
already imposed on tenant air carriers, and (B) each 
fixed-based 
operator using a general aviation airport shall be subject to the same 
rates, fees, rentals, and other charges as are uniformly applicable 
to all other fixed-based operators making the same or similar uses 
of such airport utilizing the same or similar facilities;". 
(d) The amendment made to section 18(a) (1) (A) of the Airport 
D.nd Airway Development Act of 1970 (as amended by subsection (c) 
of this section) shall not require the reformation of any lease or other 
contract entered into by an airport before the date of enactment of 
this Act. The amendment made to section 18(a) (1) (B) of the Airport 
and Airway Development Act of 1970 (as amended by subsection (c) 
of this section) shall not require the reformation of any lease or other 
contract entered into by an airport before July 1, 1975. 
Leases, 
reformation. 
49 use 1718 
note. 
MULTIYEAR PROJECTS 
SEC. 11. Section 19 of the Airport and Airway Development Act of 
1970 (49 U.S.C. 1719) is amended by inserting immediately after the 
third sentence the following new sentence: "In any case where the 
Secretary approves an application for a project which will not be 
completed in one fiscal year, the offer shall, upon request of the 
sponsor, provide for the obligation of funds apportioned or to be 
apportioned to the sponsor pursuant to section 15(a) (3) (A) of this 
title for such fiscal years (including future fiscal years) as may be 
necessary to pay the United States share of the cost of such project.". 
Ante, p. 874. 
TERMINAL DEVELOPMENT PROJECT COSTS 
SEC. 12. (a) Section 20 of the Airport and Airway Development Act 
of 1970 (49 U.S.C. 1720) is amended by redesignating subsection (b) 
as subsection (c) and inserting immediately after subsection (a) the 
following new subsection: 
"(b) 
TERMINAL DE\'ELOPMENT.— 
- '• 
" ' 
"(1) Notwithstanding any other provision of this title, upon certifi-
cation by the sponsor of any air carrier airport that such airport has, 
on the date of submittal of the project application, all the safety and 
security equipment required for certification of such airport under 
section 612 of the Federal Aviation Act of 1958, and has provided for 49 USC 1432. 
access to the passenger enplaning and deplaning area of such airport 
to passengers enplaning or deplaning from aircraft other than air car-
rier aircraft, the Secretary may approve, as allowable project costs of 
a project for airport development at such airport, terminal develop-
ment (including multimodal terminal development) in nonrevenue 
producing public-use areas which are directly related to the movement 
of passengers and baggage in air commerce within the boundaries of 
the airport, including, but not limited to, vehicles for the movement 
of passengers between terminal facilities or between terminal facilities 
and aircraft. 
"(2) Only sums apportioned under section 15(a)(3)(A) to the 
sponsor of an air carrier airport shall be obligated for project costs 
allowable under paragraph (1) of this subsection in connection with 
airport development at such airport, and no more than 60 per centum 
of such sums apportioned for any fiscal year shall be obligated for such 
costs. 
89-194 0—78—pt. 1-
-59 
90 STAT. 880 
PUBLIC LAW 94-353—JULY 12, 1976 
Ante, p. 874. 
"(3) Sums apportioned under section 15(a) (3) (A) to the sponsor 
of an air carrier airport at which terminal development was carried 
out on or after July 1, 1970, and before the date of enactment of this 
paragraph shall be available, subject to the limitations contained in 
paragraph (2) of this subsection, for the immediate retirement of the 
principal of bonds or other evidences of indebtedness the proceeds of 
which were used for that part of the terminal development at such 
airport the cost of w^hich is allowable under paragraph (1) of this 
subsection subject to the following conditions: 
" (A) That such sponsor submits the certification required under 
paragraph (1) of this subsection. 
"(B) That the Secretary determines that no project for air-
port development at such airport outside the terminal area will 
be deferred if such sums are used for such retirement. 
"(C) That no funds available for airport development under 
this Act shall be obligated for any project for additional terminal 
development at such airport for a period of three years beginning 
on the date any such sums are used for such retirement. 
Ante, p. 877, 
"(4) Notwithstanding section 17, the United States share of project 
c'jsts allowable under paragraph (1) of this subsection shall be 50 per 
centum. 
"(5) The Secretary shall approve project costs allowable under 
paragraph (1) of this subsection under such terms and conditions as 
may be necessary to protect the interests of the United States.". 
49 use 1720. 
(b) Subsection (c) of such section 20 (as relettered by this section) 
is amended by striking out "The" and inserting in lieu thereof the 
following: "Except as provided in subsection (b) of this section, the". 
STATE DEMON STRATIOX PROGRAMS 
SEC. 13. The Airport and Airway Development Act of 1970 (49 
U.S.C. 1701 et seq.) is amended by inserting immediately after sec-
tion 27 the following new section: 
49 use 1728. 
"SEC. 28. STATE DEMONSTRATION PROGRAMS. 
" (a) DEMONSTRATION PROGRAMS.—If the Secretary determines, after 
review of the certification required by subsection (b) of this section, 
that a State is capable of managing a demonstration program for 
administering United States grants for general aviation airports in 
that State, tlie Secretary may make a grant for such purpose to such 
State of funds apportioned to it under section 15(a) (4) (A) of this 
Act and of any part of the discretionary funds available under sec-
tion 15(a) (4) (C) of this Act. Such a grant shall be conditioned on 
a requirement that such State grant funds to airport sponsors in the 
same manner and subject to the same conditions as the Secretary 
imposes in making grants to such sponsors under this title. 
"(b) CERTIFICATION REQUIREMENTS.—If a State wishes to manage a 
demonstration program for administering United States grants for 
general aviation airports, the Governor or the chief executive officer of 
such State shall certify to the Secretary, in the form and manner pre-
scribed by the Secretary, that— 
"(1) the State complies with all eligibility requirements and 
criteria established by this section and by the secretary; 
"(2) such State's participation in the demonstration program 
has been specifically authorized by an action of such State's legis-
lature duly taken after the date of enactment of this section, or if 
such State's legislature is not in regular session on such date and 
PUBLIC LAW 94-353—JULY 12, 1976 
90 STAT. 881 
will not meet again in regular session before January 1, 1977, 
such participation has been authorized by such State's Governor 
or chief executive officer; and 
"(3) such State's legislature has authorized the appropriation 
of State funds for the development of general aviation airports in 
such State during the period for which funds are sought under 
this section. 
"(c) EESTRICTIONS.—The Secretary shall not, pursuant to this 
section— 
"(1) enter into demonstration projects in more than four 
States; 
" (2) allow any funds granted to States to be used to pay costs 
incurred by the States in administering the demonstration pro-
grams ; 
"(3) initiate any demonstration program after January 1. 
1977; and 
" (4) make a grant to any State after September 30, 1978. 
"(d) REPORT.—The Secretary shall evaluate and report to Congress, 
not later than March 31, 1978, on the results of any demonstration 
programs assisted under this section,". 
AIR CARRIER AIRPORT DESIGNATION AND CIVIL RIGHTS 
SEC. 14. The Airport and Airway Development Act of 1970 (49 
U.S.C. 1701 et seq.) is amended by inserting immediately after sec-
tion 28 (as added by the preceding section of this Act) the following 
new sections: 
"SEC. 29. AIR CARRIER AIRPORT DESIGNATION. 
49 USC 1729. 
"Notwithstanding any other provision of this title, in the case of any 
public airport at which (A) an air carrier was or is certificated by the 
Civil Aeronautics Board under section 401 of the Federal Aviation 
Act of 1958 (49 U.S.C. 1371) to serve a city served through such air-
port, and (B) either (i) service to such city by every such certificated 
air carrier has been suspended as authorized by the Civil Aeronautics 
Board, or (ii) authority to serve such city has been deleted from the 
certificates of every such air carrier by the Civil Aeronautics Board 
after the date of enactment of this section, and (C) such airport is 
served by an intrastate air carrier operating in intrastate air trans- 
• < y-y' 
v; 
portation within the meaning of sections 101(22) and 101(23) of the 
Federal Aviation Act of 1958 (49 U.S.C. 1301), such airport shall be 
deemed to be an air carrier airport (other than a commuter service 
airport) for the purposes of this title. 
"SEC. 30. CIVIL RIGHTS. 
49 USC 1730. 
"The Secretary shall take affirmative action to assure that no person 
shall, on the grounds of race, creed, color, national origin, or sex, 
be excluded from participating in any activity conducted with funds 
received from any grant made under this title. The Secretary shall Rules, 
promulgate such rules as he deems necessary to carry out the pur-
poses of this section and may enforce this section, and any rules 
promulgated under this section, through agency and department 
provisions and rules which shall be similar to those established and 
in effect under title VI of the Civil Eights Act of 1964. The pro- 42 USC 2000d. 
visions of this section shall be considered to be in addition to and not 
in lieu of the provisions of title VI of the Civil Rights Act of 1964.". 
90 STAT. 882 
PUBLIC LAW 94-353—JULY 12, 1976 
Effective date. 
49 use 1741 
note. 
49 
use 
1358. 
49 
use 
1356, 
1357. 
49 
use 
1371. 
LIMITING CHARGES FOR GOVERNMENT INSPECTION OF PERSONS AND 
PROPERTY 
SEC. 15. (a) Section 53 of the Airport and Airway Development Act 
of 1970 (49 U.S.C. 1741) is amended by adding at the end thereof the 
following new subsection: 
"(e) The cost of any inspection or quarantine service which is 
required to be performed by the Federal Government or any agency 
thereof at airports of entry or other places of inspection as a conse-
quence of the operation of aircraft, and which is performed during 
regularly established hours of service on Sundays or holidays shall be 
reimbursed by the owners or operators of such aircraft only to the 
same extent as if such service had been performed during regularly 
established hours of service on weekdays. Notwithstanding any other 
provision of law, administrative overhead costs associated with any 
inspection or quarantine service required to be performed by the 
United States Government, or any agency thereof, at airports of entry 
as a result of the operation of aircraft, shall not be assessed against 
the owners or operators thereof.". 
(b) The amendment made by subsection (a) of this section shall 
take effect January 1,1977. 
PURCHASE REPORTS 
SEC. 16. Section 303(e) of the Federal Aviation Act of 1958 (49 
U.S.C. 1344) is amended by striking out ''Interstate and Foreign 
Commerce"' and inserting in lieu thereof "Public Works and Trans-
portation". 
AIRPOr.T SECURITY IN 
ALASKA 
SEC. 17. (a) The Federal Aviation Act of 1958 (49 U.S.C. 1432 et 
seq.) is amended by adding at the end of title III thereof the following 
new section: 
a 
AIRPORT SECURITY IN ALASKA 
"SEC. 317. The Administrator is authorized to exempt from the 
provisions of sections 315 and 316 of this Act those airports in Alaska 
which receive service only from air carriers operating under certifi-
cates granted by the Civil Aeronautics Board under section 401 of 
this Act, Avhich operate aircraft having a maximum certificated gross 
takeoff weight of less than 12,500 pounds, and which do not enplane any 
passenger, or any property intended to be carried in the aircraft cabin, 
which passenger or property is moving in air transportation and will 
not be subject to screening in accordance with such section 315 at an 
airport in Alaska before such passenger or property is enplaned for 
any point outside Alaska.". 
(b) That portion of the table of contents contained in the first section 
of such Act which appears under the center heading 
" T I T L E I I I — O R G A N I Z A T I O N OF AGENCY AND POWERS AND D U T I E S OF 
ADMINISTRATOR" 
is amended by adding at the end thereof the following new sidehead-
ing: 
"Sec. 317. Airport security in Alaska.". 
PUBLIC LAW 94-353—JULY 12, 1976 
90 STAT. 883 
AIR TRANSPORTATION OF PERSONS OR PROPERTY 
SEC. 18. (a) Section 401 of the Federal Aviation Act of 1958 (49 
? « 
U.S.C. 1371) is amended by adding at the end thereof the following 
new subsection: 
"(o)(l) Except as provided in paragraph (2) of this subsection, 
transportation of persons or property by transport category aircraft in 
interstate air transportation prooui'ed by the Department of Defense, 
including military departments within such Department, through con-
tracts of more than 30 days duration for airlift service within the 
United States, shall be provided only by carriers which (1) have air-
craft in the civil reserve air fleet or offer to place aircraft in such fleet, 
and (2) hold certificates under this section. Applications for certifica-
tion under subsection (a) of this section for the purpose of providing 
the service referred to in this subsection shall be acted on expeditiously 
^ .
^ 
by the Board. 
s*' 
"(2) In any case in which the Secretary of Defense determines that 
no air carrier certificated under subsection (a) of this section is capable 
of providing and willing to provide the type of service described in 
paragraph (1) of this subsection, he may contract with an air carrier 
which does not hold a certificate under this section.". 
(b) That portion of the table of contents contained in the first sec-
tion of such Act which appears under the side heading 
"Sec. 401. Certificate of Public Convenience and Necessity." 
is amended by adding at the end thereof the following: 
" (o) Air transportation of persons or property.". 
ISSUANCE o r AIRPORT OPERATING CERTIFICATES 
SEC. 19. (a) Section 612 of the Federal Aviation Act of 1958 (49 
U.S.C. 1432; is amended by adding at the end thereof the following 
new subsection: 
"EXEMPTION 
'•(c) The Administrator may exempt any operator of an air carrier 
airport enplaning annually less than one-quarter of 1 percent of the 
total number of passengers enplaned at all air carrier airports from 
the requirements imposed by subsection (b) of this section relating 
to firehghtiug and rescue equipment if he hnds that such requirements 
'
^
'
^
^
^ 
are, or would be, unreasonably costly, burdensome, or impractical.". 
(b) That portion of the table of contents contained in tjfie first sec-
tion of such Act which appears under the side heading 
"Sec. 612. Airport operating certificates." 
is amended by adding at the end thereof the following: 
"(c) Exemption.". 
AIRPORT 
S T U D Y 
SEC 20. The Secretary of Transportation shall conduct a study of 49 USC 1724 
airports in areas where land requirements, local taxes, or a low revenue ""^e. 
return per acre may close such airports. This study, the results of Report to 
which shall be reported to Congress by January 1, 1978, shall include Congress, 
the identification of those locations which may be converted to non-
aviation uses and recommendations concerning methods for preserving 
those airports which in the Secretary's judgment should be preserved 
in the public interest. 
90 STAT. 884 
PUBLIC LAW 94-353—JULY 12, 1976 
CIVIL AVIATIOX INFORMATIOX DISTRIBUTION 
PROGRAM 
49 use 1346a. 
SEC. 21. In furtherance of his mandate to promote civil aviation, the 
Secretary of Transportation acting through the Administrator of the 
Federal Aviation Administration shall take such action as he may 
. 
' 
deem necessary, within available resources, to establish a civil aviation 
information distribution program within each region of the Federal 
Aviation Administration. Such program shall be designed so as to 
provide State and local school administrators, college and university 
officials, and officers of civil and other interested organizations, upon 
request, with informational materials and expertise on various aspects 
of civil aviation. 
49 use 1348 
note. 
49 use 1713 
note. 
Ante, p. 872. 
PROHIBITIOX OF FLIGHT SERVICE STATION CLOSURES 
SEC. 22. For the three year period beginning on the date of enact-
ment of this Act, the Secretary of Transportation shall not close or 
operate by remote control any existing flight service station operated 
by the Federal xAviation Administration, except (A) for part-time 
operation by remote control during low-activity periods, and (B) for 
the purpose of demonstrating the quality and effectiveness of service 
at a consolidated flight service station facility, not more than five flight 
service stations, at the discretion of the Secretary, may be closed or 
operated by remote control from not more than one air route traffic 
control center. Nothing in this section shall preclude the physical 
separation of a combined fliglit service station and tower facility, the 
operation by remote control of the flight service station portion of a 
combined flight service station and tower facility from another flight 
service station, or the relocation of an existing flight service station at 
another site within the same flight service area if such flight serv-
ice station continues to provide the same service to airmen without 
interruption. 
DEMONS'lTtATION PROJECT 
SEC. 23. (a) (1) The Secretary of Transportation is authorized to 
undertake demonstration projects related to ground transportation 
services to airports which he determines will assist the improvement 
of the Nation's airport and airway system, and consistent regional 
airport system plans funded pursuant to section 13(b) of the Airport 
and Airway Development Act of 1970, by improving ground access 
to air carrier airport terminals. He may undertake such projects 
independently or by grant or contract (including working agreements 
with other Federal departments and agencies). 
(2) In determining projects to be undertaken under this subsection, 
the Secretary of Transportation shall give priority to those projects 
which (A) affect airports in areas with operating regional rapid 
transit systems with existing facilities within reasonable proximity 
to sucli airports, (B) include connection of the airport terminal 
facilities to such systems, (C) are consistent wdth and supportive of a 
regional airport system plan adopted by the planning agency for the 
region and submitted to the Secretary5*^ and (D) will improve access 
for all persons residing or working wdthin the region to air transport 
through the encouragement of an optimum balance of use of airports 
in the region. 
PUBLIC LAW 94-353—JULY 12, 1976 
90 STAT. 885 
(b) (1) The Secretary of Transportation is authorized to under-
take a demonstration project at South Bend, Indiana, for a multimodal 
terminal building and facilities for the intermodal transfer of passen-
gers and baggage between and among the interconnecting air, rail, and 
highway transportation routes and facilities. He may undertake such 
project independently or by grant or contract (including working 
agreements with other Federal departments and agencies). 
(2) There is authorized to be appropriated to carry out this sub-
section not to exceed $3,000,000. 
Appropriation 
authorization. 
COMPENSATION FOR REQUIRED SECURITY MEASURES I N FOREIGN AIR 
TRANSPORTATION 
SEC. 24. (a) The Secretary of Transportation shall compensate any 49 USC 1356a. 
air carrier certificated by the Civil xVeronautics Board under section 
401 of the Federal Aviation Act of 1958 (49 U.S.C. 1371) which 
requests such compensation for that portion of the amount expended 
by such air carrier for security screening facilities and procedures as 
required by section 315(a) of such Act (49 U.S.C. 1356(a)), and any 
regulation issued pursuant thereto, whicli is attributable to the screen-
ing of passengers moving in foreign air transportation. An air carrier 
shall have any compensation authorized to be paid it under this sec-
tion reduced by the amount (if any) by which the revenue of such 
carrier which is attributable to the cost of security screening facilities 
and procedures used in intrastate, interstate, and overseas air trans-
portation exceeds the actual cost to such carrier of such facilities. The 
; 
Secretary may issue such regulations as he deems necessary to carry 
out the purpose of this section. 
(b) The terms used in this section which are defined in the Federal 
Aviation Act of 1958 shall have the same meaning as such terms have 49 USC 1301 
in such Act. 
note. 
(c) There is authorized to be appropriated out of the Airport and Appropriation 
Airway Trust Fund to carry out this section not to exceed $3,750,000 authorization, 
for fiscal year 1976, including the period July 1, 1976, through Sep-
tember 30, 1976, and $3,000,000 per fiscal year for the fiscal years 1977 
and 1978. 
REDUCTION o r 
NONESSENTIAL 
EXPENDITURES 
SEC. 25. The Secretary of Transportation shall, in accordance with 49 USC 1704. 
this section, attempt to reduce, to the maximum extent practicable con-
sistent with the highest degree of aviation safety, the capital, operat-
ing, maintenance, and administrative costs of the national airpoit and 
airway system. The Secretary sliall, at least annually, consult with and 
give due consideration to the views of users of such system on methods 
of reducing nonessential Federal expenditures for aviation. The Sec-
retary shall give particular attention to any recommendations which 
could reduce, without any adverse effects on safety, future F'ederal 
manpower requirements and costs which are requiied to be recouped 
from charges on such users. 
SPECIAL STUDIES 
SEC. 26. The Secretary of Transportation shall conduct studies with 
respect to— 
(1) the feasibility, practicability, and cost of land bank plan-
ning and development for future and existing airports, to be 
carried out through Federal, State, or local government action; 
49 USC 1702 
note. 
90 STAT. 886 
PUBLIC LAW 94-353—JULY 12, 1976 
(2) the establishment of new major public airports in the 
United States, including (A) identifying potential locations, (B) 
evaluating such locations, and (C) nivestigating alternative 
^ 
methods of financing the land acquisition and development costs 
necessary for such establishment; and 
(3) the feasibility, practicability, and cost of the soundproof-
ing of schools, hospitals, and public health facilities located near 
airports. 
Consultation. 
The Secretary shall consult with and solicit the views of such plan-
ning agencies, airport sponsors, other public agencies, airport users, 
and other interested persons or groups as he deems appropriate to the 
Report to 
conduct of such studies. The Secretary shall report to the Congress 
Congress. 
on the results of such studies, including legislative recommendations, 
if any, within 1 year after the date of enactment of this section. 
T I T L E I I — R E S E A R C H , D E V E L O P M E N T , A N D 
D E M O N S T R A T I O N A C T I V I T I E S 
AUTHORIZATION 
SEC. 201. Subsection (d) of section 14 of the Airport and Airway 
Development Act of 1970 (49 U.S.C. 1714) is amended to read as 
follows: 
" ( d ) RESEARCH, DEVELOPMENT, AND DEMONSTRATIONS.—The Secre-
tary is authorized to carry out under section 312(c) of the Federal 
49 use 1353. 
Aviation Act of 1958 such demonstration projects as he determines 
necessary in connection with research and development activities under 
such section 312(c). For research, development, and demonstration 
, J. 
projects and activities under such section 312(c), there is authorized 
to be appropriated from the Trust Fund in the amount of $109,350,000 
for the fiscal year 1976, including the interim period beginning July 1, 
1976, and ending September 30, 1976, $85,400,000 for the fiscal year 
1977, and not less than $50,000,000 per fiscal year for fiscal years 1978 
through 1980, to remain available until expended. The initial 
$50,000,000 of any sums appropriated to the Trust Fund pursuant to 
subsection (d) of section 208 of the Airport and Airway Revenue Act 
49 use 1742. 
of 1970 shall be allocated to such research, development, and demon-
stration activities.". 
TITT.E I I I — A I R P O R T A N D A I R W A Y T R U S T F U N D 
SEC. 301. AUTHORIZATION FOR EXPENDITURES FROM TRUST FUND. 
(a) AMENDMENT OF 1970 A C T . — (1) Subparagraph (A) of section 
208(f) (1) of the Airport and Airway Revenue Act of 1970 (49 U.S.C. 
1742(f)(1)(A)) is amended to read as follows: 
" ( A ) incurred under title I of this Act or of the Airport and 
Airway Development Act Amendments of 1976 (as such Acts 
were in effect on the date of the enactment of the Airport and Air-
way Development Act Amendments of 1976) ;". 
PUBLIC LAW 94-353—JULY 12, 1976 
90 STAT. 887 
(2) Section 208(f) of such Act (49 U.S.C. 1742(f)) is amended by 
striking out "July 1, 1980" each time it appears and inserting in lieu 
thereo.f "October 1, 1980". 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) (1) 
49 USC 1742 
shall apply to obligations incurred on or after the date of the enact- 'i"*^-
ment of this Act. The amendments made by subsection (a) (2) shall 
be effective on the date of enactment of this Act. 
Approved July 12, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 94-594 (Comm. on Public Works and Transportation) and No. 
94-1292 (Comm. of Conference). 
SENATE REPORTS: No. 94-643 accompanying S. 3015 (Comm. on Commerce) and No. 
94-975 (Comm. of Conference). 
CONGRESSIONAL RECORD: 
Vol. 121 (1975): Dec. 18, considered and passed House. 
VoL 122 (1976): Mar. 25, considered and passed Senate, amended, in lieu of 
S. 3015. 
June 23, Senate agreed to conference report. 
June 30, House agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS: 
Vol. 12, No. 29 (1976): July 12, Presidential statement.