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AGREEMENT FOR TRANSFER OF ENTITLEMENTS ..~ o u.s. Department of Transportation Federal Aviation Administration AGREEMENT FOR TRANSFER OF ENTITLEMENTS In accordance with section 47117(c)(2) of Title 49 U.S.C. (hereinafter called the "Act). City of Clearwater (Name of Sponsor) Hereby waives receipt of the following amount of funds apportioned to it for each fiscal year specified under section 47114(c)(1) or 47114(d)(3)(A) of the Act for Clearwater Air Park. Amount Fiscal Year $ 150,000 2003 $ 150,000 2004 $ 150,000 2005 $ 150,000 2006 $ TOTAL $ 600,000 On the condition that the Federal Aviation Administration makes the waived amount available to Albert Whitted Airport for eligible projects under section 47104(a) Act. This waiver shall expire when the availability of apportioned funds would lapse under section 47117(b) of the Act. FOR THE UNITED STATES OF AMERICA FEDERAL AVIATION ~8 (Signature) See Attached Signature Page FOR (Signature) Matthew J. Thys (Typed Name) Actin:tc.anager b /9 CJb I (Date) (Title) (Date) CERTIFICATE OF SPONSOR'S ATTORNEY I, , acting as Attorney for the Sponsor do hereby certify: That I have examined the foregoing Agreement and find that the Sponsor has been duly authorized to make such transfer and that the execution thereof is in all respects due and proper and in accordance with the laws of the State of and the Act. Dated at this _ day of _' _. By: (Signature of Sponsor's Attorney) ~ ~" Signature Page for Agreement for Transfer of Entitlements Federal Aviation Administration Countersigned: CITY OF CLEARWATER, FLORIDA ~i~-~ j( ~ ~nk v. Hibbard ' Mayor l Pamela K. Akin City Attorney By: ';~B~ ~J!: William B. Horne II City Manager Approved as to form: Attest: - ~ Westlaw Attached Printing Summary Report for AKIN, PAMELA K 1053295 Date/Time of Request: Client Identifier: Database: Citation Text: Lines: Documents: Images: Wednesday, June 14,2006 14:32:00 Central BILL MORRIS USCA 49 USCA s 47114 722 1 o The material accompanying this summary is subject to copyright. Usage IS governed by contract with Thomson, West and their affiliates. ~ Page 1 49 U.S.C.A. ~ 47114 l> Effective: November 30,2005 United States Code Annotated Currentness Title 49. Transportation (Refs & Annos) Subtitle VII. Aviation Programs Part B. Airport Development and Noise "'[jJ Chapter 471. Airport Development "'[11 Subchapter I. Airport Improvement (Refs & Annos) ... ~ 47114. Apportionments (a) Definition.--In this section, "amount subject to apportionment" means the amqunt 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) Primary airports.-- (A) Apportionment.-- 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; (iv) $.65 for each of the next 500,000 passenger boardings at the airport during the prior calendar year; and (v) $.50 for each additional passenger boarding at the airport during the prior calendar year. (B) Minimum and maximum apportionments.-- Not less than $650,000 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. (C) Special rule.--In any fiscal year in which the total amount made available under section 48] 03 is $3,200,000,000 or more-- (i) the amount to be apportioned to a sponsor under subparagraph (A) shall be increased by doubling the amount that would otherwise be apportioned; (ii) the minimum apportionment to a sponsor under subparagraph (B) shall be $1,000,000 rather than $650,000; and (iii) the maximum apportionment to a sponsor under subparagraph (B) shall be $26,000,000 rather than $22,000,000. (D) New airports.--Notwithstanding subparagraph (A), the Secretary shall apportion on the first day of the first fiscal year following the official opening of a new airport with scheduled passenger air transportation an amount equal to the <<) 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 2 49 U.S.C.A. ~ 47114 minimum amount set forth in subparagraph (B) or (C), as appropriate, to the sponsor of such airport. (E) Use of previous fiscal year's apportionment.--Notwithstanding subparagraph (A), the Secretary may apportion to an airport sponsor in a fiscal year an amount equal to the amount apportioned to that sponsor in the previous fiscal year if the Secretary finds that-- (i) passenger boardings at the airport fell below 10,000 in the calendar year used to calculate the apportionment; (ii) the airport had at least 10,000 passenger boardings in the calendar year prior to the calendar year used to calculate apportionments to airport sponsors in a fiscal year; and (iH) the cause of the shortfall in passenger boardings was a temporary but significant interruption in service by an air carrier to that airport due to an employment action, natural disaster, or other event unrelated to the demand for air transportation at the affected airport. (F) Special rule for fiscal years 2004 and 2005.--Notwithstanding subparagraph (A) and the absence of scheduled passenger aircraft service at an airport, the Secretary may apportion in fiscal years 2004 and 2005 to the sponsor of the airport an amount equal to the amount apportioned to that sponsor in fiscal year 2002 or 2003, whichever amount is greater, if the Secretary finds that-- (i) the passenger boardings at the airport were below 10,000 in calendar year 2002 or 2003; (H) the airport had at least 10,000 passenger boardings and scheduled passenger aircraft service in either calendar year 2000 or 2001; and (Hi) the reason that passenger boardings described in clause (i) were below 10,000 was the decrease in passengers following the terrorist attacks of September 11, 2001. (G) Special rule for fiscal year 2006.--Notwithstanding subparagraph (A) and the absence of scheduled passenger aircraft service at an airport, the Secretary may apportion in fiscal year 2006 to the sponsor of the airport an amount equal to $500,000, if the Secretary finds that-- (i) the passenger boardings at the airport were below 10,000 in calendar year 2004; (H) the airport had at least 10,000 passenger boardings and scheduled passenger aircraft service in either calendar year 2000 or 2001; and (iH) the reason that passenger boardings described in clause (i) were below 10,000 was the decrease in passengers following the terrorist attacks of September 11, 2001. (2) Cargo airports.-- (A) Apportionment.--Subject to subparagraph (D), the Secretary shall apportion an amount equal to 3.5 percent of the amount subject to apportionment each fiscal year 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. (B) Suballocation formula.--Any funds apportioned under subparagraph (A) to sponsors of airports described in subparagraph (A) shall be allocated among those airports in the proportion that the total annual landed weight of aircraft described in subparagraph (A) landing at each of those airports bears to the total annual landed weight of those aircraft landing at all those airports. (C) Limitation.--In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than 8 percent of the amount apportioned under subparagraph (A) may be apportioned for any one airport. <<:l 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 3 49 U.S.C.A. ~ 47114 (D) Distribution to other airports.--Before apportioning amounts to the sponsors of airports under subparagraph (A) for a fiscal year, the Secretary may set-aside a portion of such amounts for distribution to the sponsors of other airports, selected by the Secretary, that the Secretary finds will be served primarily by aircraft providing air transportation of only cargo. (E) Determination of landed weight.--Landed weight under this paragraph is the landed weight of aircraft landing at each airport described in subparagraph (A) during the prior calendar year. [(3) Repealed. Pub.L. 104~264, Title I, ~ 121(a)(3), Oct. 9,1996,110 Stat. 3217] (d) Amounts apportioned for general aviation airports.-- (1) Definitions.--In this subsection, the following definitions apply: (A) Area.--The term "area" includes land and water. (B) Population.--The term "population" means the population stated in the latest decennial census of the United States. (2) Apportionment.--Except as provided in paragraph (3), the Secretary shall apportion to the States 18.5 percent of the amount subject to apportionment for each fiscal year as follows: (A) 0.66 percent of the apportioned amount to Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands. (B) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) 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 (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States. (3) Special rule.--In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, rather than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the amount subject to apportionmentfor each fiscal year as follows: (A) To each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of-- (i) $150,000; or (H) 1/5 of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103. (B) Any remaining amount to States as follows: (i) 0.62 percent of the remaining amount to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. (H) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the population of each of those States bears to the total population of all of those States. (Hi) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the area of each of those States bears to the total area of all of those States. (jJ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 4 49 U.S.C.A. S 47114 (4) Airports in Alaska, Puerto Rico, and Hawaii.--An amount apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or Hawaii for airports in such State may be made available by the Secretary for any public airport in those respective jurisdictions. (5) Use of State highway specifications.-- (A) In generaI.-- The Secretary may permit the use of State highway specifications for airfield pavement construction using funds made available under this subsection at nonprimary airports with runways of 5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds gross weight if the Secretary determines that-- (i) safety will not be negatively affected; and (ii) the life of the pavement will not be shorter than it would be if constructed using Administration standards. (B) Limitation.--An airport may not seek ftmds under this subchapter for runway rehabilitation or reconstruction of any such airfield pavement constructed using State highway specifications for a period of 10 years after construction is completed unless the Secretary determines that the rehabilitation or reconstruction is required for safety reasons. (6) Integrated airport system planning.--Notwithstanding any other provision of this subsection, funds made available under this subsection may be used for integrated airport system planning that encompasses one or more primary airports. (e) Supplemental apportionment for Alaska.-- (1) In generaI.-- Notwithstanding subsections (c) and (d) of this section, the Secretary may apportion amounts for airports in Alaska 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-- (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) Authority for discretionary grants.-- 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 eligible for funds.--An amount apportioned under this subsection may be used for any public airport in Alaska. (4) Special rule.--In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, the amount that may be apportioned for airports in Alaska under paragraph (1) shall be increased by doubling the amount that would otherwise be apportioned."; and (1) Reducing apportionments.-- (1) In generaI.--Subject to paragraph (3), 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-- (A) in the case of a fee of $3.00 or less, 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; and (B) in the case of a fee of more than $3.00, 75 percent of the projected revenues from the fee in the fiscal year but not by ~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 5 49 U.S.C.A. S 47114 more than 75 percent of the amount that otherwise would be apportioned under this section. (2) Effective date of reduction.--A reduction in an apportionment required by paragraph (1) shall not take effect until the first fiscal year following the year in which the collection of the fee imposed under section 40] ] 7 is begun. (3) Special rule for transitioning airports.-- (A) In general.--Beginning with the fiscal year following the first calendar year in which the sponsor of an airport has more than .25 percent of the total number of boardings in the United States, the sum of the amount that would be apportioned under this section after application of paragraph (1) in a fiscal year to such sponsor and the projected revenues to be derived from the fee in such fiscal year shall not be less than the sum of the apportionment to such airport for the preceding fiscal year and the revenues derived from such fee in the preceding fiscal year. (B) Effective period.--Subparagraph (A) shall be in effect for fiscal year 2004. CREDIT(S) (Added Pub.L. 103-272, & ](e), July 5, 1994, 108 Stat. 1268, and amended Pub.L. ]03-429, & 6(66), Oct. 31, 1994, 108 Stat. 4386; Pub.L. 104-264, Title L & & 121. 125, Oct. 9, 1996, 110 Stat. 3217,3220; Pub.L. 105-277, Div. C, Title I, S 110(a), Oct. 21,1998,112 Stat. 2681-587; Pub.L. 106- 181. Title L & & 104(a) to (d), 105(c), Apr. 5,2000,114 Stat. 67, 68, 7]; Pub.L. 108-176, Title L & & ]46.147, Dec. 12,2003,117 Stat. 2504; Pub.L. ]09-115, Div. A, Title I, S 109, Nov. 30, 2005, 119 Stat. 2402.) HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1994 Acts. ------------------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) ------------------------------------------------------------------------------- 47114 (a), (b) ................. 49 App. :2206(a) (words before cl. (1)). Sept. 3 , 1982, Pub. L . 97 - 24 8 , 5 507(a) (1), (3), (b) (2) , (4) - (5) (C), (E), (6),96 Stat. 679; Jan. 6, 1 983 , Pub. L . 97-424, 5 426 (a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100-223, 5 106 (a), 101 Stat. 1494, 1496. 47114(c) (1) (A) ................ 49 App.:2206(a)(1). 4 9 App. : 220 6 (e) (1) . Sept. 3, 1982, Pub.L. 97-248, 5 507 (e) ,(f), (Q 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 49 U.S.C.A. ~ 47114 47 114 ( c) (1 ) (B) ................ 4 9 App.: 220 6 (b) (1) . 47114 (c) (2) 47114 (c) (3) ................... 4 7 114 (d) (1) ................... 4 7114 (d) (2) ................... 47114(d) (3) ................... 47114(e) ...................... 47114 (f) 4 9 App.: 220 6 (a) (2) , (b) (4), (e) (2) . 4 9 App.: 220 6 (b) (2), ( 3) . 49 App. :2206(f). 49 App. : 2206 (a) (3) . 4 9 App. : 220 6 (b) (6) . 49 App. :2206(b) (5) (A) to (C), (E), (F). 4 9 App. : 2206 (b) (7) . Page 6 96 Stat. 679; Jan. 6, 1983, Pub.L. 97-424, S; 426(a),(d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100-223, S; 106 (a), 101 Stat. 1497; Nov. 5, 1990, Pub. L. 101-508, S; 9112 (b), 104 Stat. 1388-362. Sept. 3, 1982, Pub.L. 97-248, S; 507(a) (2), (b) (1), (3), (5) (F), 96 Stat. 679; Jan. 6 , 1983 , Pub. L . 97-424, S; 426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub.L. 100-223, S; 106 (a), 101 Stat. 1494, 1496; Oct. 31, 1992, Pub.L. 102-581, S; 106, 106 Stat. 4878. Sept. 3, 1982, Pub. L. 97-248, 96 Stat. 324, S; 507 (b) (7); added Nov. 5, 1990, Pub.L. 101-508, s: 9111, 104 Stat. 1388-362. ------------------------------------------------------------------------------- In subsection (a), the word "newly" is substituted for "and not previously apportioned" for clarity. The words "made available" are substituted for "authorized to be obligated" for clarity and consistency. <0 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 7 49 U.S.C.A. 9 47114 In subsection (c)(1)(A), the words "during the prior calendar year" are substituted for 49 App.:2206(b) for clarity. In subsection (c)(2)(A), the word "cargo" is substituted for "property (including mail)" for consistency in the revised title. In subsection (c)(3), the words "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" are substituted for 49 App.:2206(b)(2)(A) and (3)(A) for clarity and to eliminate unnecessary words. The words "If this paragraph requires reduction of an amount that otherwise would be apportioned under this subsection" are substituted for "In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)" for clarity. In subsection (d)(2)(A), the words "the Commonwealth of' are omitted as surplus. In subsection (d)(2)(B) and (C), the words "except as provided in paragraph (3) of this subsection" are added, and the words "49.5 percent of the apportioned amount" are substituted for" 1/2 of the remaining 99 percent", for clarity. In subsection (d)(3), before clause (A), the words "Notwithstanding subsection (a)(3)(B) of this section" are omitted as surplus. In subsection (e)(1), before clause (A), the words "Instead of apportioning amounts for airports in Alaska under subsections (c) and (d) of this section" are substituted for "Notwithstanding any other provision of subsection (a) of this section" for clarity. In subsection (e)(2), the words "be construed as" are omitted as surplus. In subsection (f), the words "which, but for this paragraph, would be" the first time they appear are omitted as surplus. The words "but not by more than" are substituted for "The maximum reduction in an apportionment to a sponsor of an airport as a result of this paragraph in a fiscal year shall be" to eliminate unnecessary words. House Report No. 103-180. Revision notes for 49:47114(c)(3)(A) are included to reflect changes made for clarity and to correct an error in the codification enacted by section 1 of the Act ofJuly 5,1994 (Public Law 103-272. 108 Stat. 1269). ------------------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) ------------------------------------------------------------------------------- 4 7114 (c) (1 ) (B) ................ 49 App.: 220 6 (b) (1) . Sept. 3, 1982, Pub. L. 97-248, ~ 507 (b) (1), as amended May 26, 1994, Pub.L. 103-260, ~ 103, 108 Stat. 698. Sept. 3, 1982, Pub.L. 97-248, ~ 507 (b) (3), as amended May 26, 1994, Pub.L. 103-260, ~ 102, 108 Stat. 698. 47114 (c) (3) (B) ................ 4 9 App.: 220 6 (b) (3) . ------------------------------------------------------------------------------- In subsection (c)(3)(A) and (B), the words "If this subparagraph requires reduction of an amount that otherwise would be <<;) 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 8 49 U.S.C.A. ~ 47114 apportioned under this subsection" are substituted for "In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)" for clarity. In subsection (c )(3 )(A), the words "Except as provided in subparagraph (B) of this paragraph" are added for clarity. The words "the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year" are substituted for 49 App.:2206(b)(2)(A), as in effect on July 4, 1994, for clarity and to eliminate unnecessary words. In subsection (c)(3)(B), the words "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 that fiscal year" are substituted for 49 App.:2206(b)(3)(A), as in effect on July 4, 1994, for clarity and to eliminate unnecessary words. House Report No. 103-831. 1996 Acts. House Report No. 104-714 and House Conference Report No. 104- 848, see 1996 U.S. Code Congo and Adm. News, p. 3658. 1998 Acts. Statement by President, see 1998 U.S. Code Congo and Adm. News, p. 582. 2000 Acts. House Conference Report No.1 06-513 and Statement by President, see 2000 U.S. Code Congo and Adm. News, p.80. 2005 Acts. House Conference Report No.1 09-307, see 2005 U.S. Code Congo and Adm. News, p. 1260. Statement by President, see 2005 U.S. Code Congo and Adm. News, p. S42. References in Text Section 15(a) of the Airport and Airway Development Act of 1970, or of the Act, referred to in subsecs. (d)(3)(A), and (e)(1), (3), is section 15(a) of Pub.L. 91-258, Title I, May 21, 1970, 84 Stat. 225, as amended, which was classified to section 1715(a) of former Title 49, Transportation, prior to its repeal by section 523(a) of Pub.L. 97-248, Title V, Sept. 3, 1982, 96 Stat. 695, and the complete revision of this title. See Table preceding section 101 of this title. Codifications Section 125 of Pub.L. 104-264, which was to have repealed certain other amendments by Pub.L. 104-264, effective Sept. 30, 1998, was repealed effective Sept. 29, 1998, by section 11O(a) of Title I of Div. C of Pub.L. 105-277. Accordingly, amendment by section 125 of Pub.L. 104-264 never took effect, and text was restored to provisions as amended by Pub.L. 104-264 without regard to such section 125. See 1996 Amendments note under this section. Amendments 2005 Amendments. Subsec. (c)(1)(G). Pub.L. 109-115. ~ 109. added subpar. (G). 2003 Amendments. Subsec. (c)(1)(F). Pub.L. 108-176. & 146(a). added subpar. (F). Subsec. (c )(2). Pub.L. 108-176. ~ 147(1 ). in the paragraph heading, substituted "Cargo airports" for "Cargo only airports". Subsec. (c)(2)(A). Pub.L. 108-176. ~ 147(2). struck out "3 percent" and inserted "3.5 percent". Subsec. (f)(3). Pub.L. 1 08~ 176. ~ . 146(b)(1 ). in the paragraph heading, struck out "airorts" and inserted "airports". Subsec. (f)(3)(B). Pub.L. 108-176. ~ 146(b)(2). in subpar. (B), struck out "fiscal years 2000 through 2003" and inserted "fiscal year 2004". 2000 Amendments. Subsec. (c)(1)(A). Pub.L. 106-181. ~ 104(a)(2)(A). added the par. and subpar. headings. ~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 9 49 U.S.C.A. ~ 47114 Subsec. (c)(1)(B). Pub.L. 106-181. ~ 104(a)(l)(A), (2)(B), struck out "$500,000" and inserted "$650,000" and added the subpar. heading. Subsec. (c)(I)(A), (B). Pub.L. 106-181. & 104(a)(2)(C). aligned the left margin of subpar. (A) (including cls. (i) through (v)) and subpar. (B) with subpars. (C) and (D). Subsec. (c)(1)(C) to (E). Pub.L. 106-181. & 1 04(a)(1 )(B), added subpars. (C) to (E). Subsec. (c)(2)(A). Pub.L. 106-181. & 1 04(b)(1 ), struck out "2.5 percent" and inserted "3 percent". Subsec. (c)(2)(C). Pub.L.106-181. & 104(b)(2), struck out "Not more than" and inserted "In any fiscal yearin which the total amount made available under section 48103 is less than $3,200,000,000, not more than". Subsec. (d). Pub.L. 106-181, ~ 1 04( c), rewrote subsec. (d), which formerly read: "(d) Amounts apportioned to States.--(l) 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 18.5 percent of the amount subject to apportionment for each fiscal year as follows: "(A) 0.66 percent of the apportioned amount to Guam, American 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, 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, 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, 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, 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 subsection 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)(I)(C) of this title.". Subsec. (e). Pub.L. 106-181. ~ 104(d)(1), (5), struck out "alternative" and inserted "supplemental" in the subsec. heading and indented par. (1) and aligned par. (1) (and its subpars.) and par. (2) with pars. (3) and (4). Sub sec. (e)(1). Pub.L. 106-181. & 1 04( d)(2), struck out "Instead of apportioning amounts for airports in Alaska under" and inserted "In general.-- Notwithstanding" and struck out "those airports" and inserted "airports in Alaska". Subsec. (e )(2). Pub.L. 106-181, & 1 04( d)(3 ), added the par. heading. ~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 10 49 U.S.C.A. g 47114 Subsec. (e)(3), (4). Pub.L.106-181, & 104(d)(4) struck out former par. (3) and inserted new pars. (3) and (4). Formerly, par. (3) read: "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 September 30, 1980, under section 15(a) of the Act because the airports were not under the control of a State or local public agency." Subsec. (t). Pub.L. 106-181, & 105(c)(l), (4), struck out "an amount" and inserted "(1) In general.--Subject to par. (3), an amount", and aligned par. (1) with par. (2). Subsec. (t)(1). Pub.L. 106-181. & 105(c)(2), struck out "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." and inserted "an amount equal to--" and subpars. (A) and (B). Subsec. (t)(2), (3). Pub.L. 106-181, & 105(c)(3), added pars. (2) and (3). 1998 Amendments. Pub.L. ]05-277, & 110(a), repealed section 125 ofPub.L. 104-264, which had provided for termination of other amendments by Pub.L. 104-264. See 1996 Amendments notes for other amendments by Pub.L. 104-264. 1996 Amendments. See Codifications note set out under this section for amendments by section 125 ofPub.L.104-264. Subsec. (c)(I)(A)(iv). Pub.L. 104-264, & 12] (a)(])(B), substituted "of the next 500,000 passenger boardings" for "additional passenger boarding". Subsec. (c)(1)(A)(v). Pub.L. 104-264, & ]21(a)(l)(A), (C), (D), added cl. (v). Subsec. (c)(2). Pub.L. 104-264, & 121(a)(2), substituted provisions set out as subpars. (A) to (E) relating to apportionment, suballocation formula, limitation, distribution to other airports and determination of landed weight, for provisions set out as subpars. (A) and (B) relating to apportionment and determination of landed weight. Subsec. (c)(3). Pub.L. 104-264, & 121(a)(3), struck out par. (3) relating to limitations on apportionments. Subsec. (d)(2). Pub.L. 104-264, & 121(b )(]), substituted" 18.5 percent" for" 12 percent". Subsec. (d)(2)(A). Pub.L. 104-264, & 121(b)(2), substituted "0.66 percent" for "one percent". Subsec. (d)(2)(B). Pub.L. 104-264, & ]21(b)(3), (4), substituted "49.67 percent" for "49.5 percent" and "excluding primary airports but including reliever and nonprimary commercial service airports" for "except primary airports and airports described in section 471 17(e)(1 )(C) of this title,". Subsec. (d)(2)(C). Pub.L. 104-264, & ] 2\ (b )(3), (4), substituted "49.67 percent" for "49.5 percent" and "excluding primary airports but including reliever and nonprimary commercial service airports" for "except primary airports and airports described in section 47117(e)(l)(C) of this title,". 1994 Amendments. Subsec. (c)(l)(B). Pub.L. 103-429, & 6(66)(A), substituted "$500,000" for "$400,000". Subsec. (c)(3)(A). Pub.L. 103-429, & 6(66)(B)(i) to (iv), designated existing text as subpar. (A), substituted "Except as provided in subparagraph (B) of this paragraph, the" for "The", "49.5 percent" for "44 percent" wherever appearing, and "subparagraph" for "paragraph". Sub sec. (c)(3)(B). Pub.L. 103-429, & 6(66)(B)(v), added subpar. (B). Effective and Applicability Provisions 2003 Acts. Except as otherwise provided, amendments by Pub.L. 108-176 applicable to fiscal years beginning after Sept. 30, 2003, see Pub.L. 108- 176,& 3, set out as a note under 49 U.S.c.A. & ] 06. <<;) 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 11 49 U.S.C.A. 9 47114 2000 Acts. Amendment by Pub.L. 106-181 applicable only to fiscal years beginning after September 30, 1999, see section 3 ofPub.L. 106-181, set out as a note under section 106 of this title. 1994 Acts. Amendment by Pub.L. 103-429 effective July 5, 1994, see section 9 of Pub.L. 103-429, set out asa note under section 321 of this title. Applicability of Pub.L. 104-264 Except as otherwise specifically provided, Pub.L. 104-264 and the amendments made by Pub.L. '104-264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 ofPub.L. 104-264, set out as a note under section 106 of this title. Termination of Amendment Section 125 of Pub.L. 104-264, which had provided that the amendments made by subtitle B of Title 1 of Pub.L. 104-264, amending this section and sections 47115, 47117 and 47118 of this title, were to cease to be effective on Sept. 30, 1998, and that on and after such date, this section and sections 47115, 47117 and 47118 of this title shall read as if such amendments had not been enacted, was repealed by Pub.L. 105-277, Div. C, Title 1,9 110(a), Oct. 21,1998, 112 Stat. 2681-587. [Pub.L. 105-277, Div. C, Title 1,9 110(a), Oct. 21,1998,112 Stat. 2681- 587, provided in part that repeal of section 125 of Pub.L. 104-264 by that section is effective Sept. 29, 1998. Since repeal by such section 125 of certain other provisions of Pub.L. 104-264, amendingthis section, was to have taken effect Sept. 30, 1998, section 125 of Pub.L. 105-264 never took effect, and text as amended by section 121 of Pub.L. 104-264 remained in effect on and after Sept. 30, 1998. See Codifications note set out under this section.] Repeals Section 125 ofPub.L. 104-264, set out in the credit to this section, was repealed by Pub.L. 105-277, Div. C, Title 1,9 110(a), Oct. 21,1998,112 Stat. 2681-587. Apportioned Funds Pub.L. 107-71, Title L ~ 119(b). Nov. 19,2001,115 Stat. 629, provided that: "For the purpose of carrying out section 47114 of title 49, United States Code [this section], for fiscal year 2003, the Secretary shall use, in lieu of passenger boardings at an airport during the prior calendar year, the greater of-- "(1) the number of passenger boardings at that airport during 2000; or "(2) the number of passenger boardings at that airport during 2001." Termination of Trust Territory of the Pacific Islands For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. CROSS REFERENCES Funding for small community air service, see 49 USCA & 41742. LIBRARY REFERENCES American Digest System Disbursements offederal funds; aid to state and local agencies, see United States ~82(2). ~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 49 U.S.C.A. ~ 47114 Public establishment and operation of airports, see Aviation ~217. Regulation and use of airports and services in general, see Aviation ~ 224. Right to establish and maintain airports in general, see A viation ~211. RESEARCH REFERENCES Encyclopedias Am. Iu!". 2d Aviation & 93, Generally. 49 U.S.C.A. ~ 47114,49 USCA ~ 47114 Current through P.L. 109-229 approved 05-31-06 Copr. <<;J 2006 Thomson/West. No. Claim to Orig. U.S. Govt. Works END OF DOCUMENT <<;J 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 12 Westlaw Attached Printing Summary Report for AKIN, PAMELA K 1053295 Date/Time of Request: Client Identifier: Database: Citation Text: Lines: Documents: Images: Wednesday, June 14,2006 14:33:00 Central BILL MORRIS USCA 49USCAs47117 669 1 o The material accoinpanying this summary is subject to copyright. Usage IS governed by contract with Thomson, West and their affiliates. ~ Page 1 49 U.S.C.A. ~ 47117 c Effective: December 12, 2003 United States Code Annotated Currentness Title 49. Transportation (Refs & Annos) Subtitle VII. Aviation Programs Part B. Airport Development and Noise r;;1j Chapter 471. Airport Development r;;1j Subchapter 1. Airport Improvement (Refs & Annos) -+~ 47117. Use ofapportioned amounts (a) Grant purpose.--Except as provided in this section, an amount apportioned under section47114(c)(l) or @ill 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 or the 3 fiscal years immediately following that year in the case of a nonhub airport or any airport that is not a commercial service airport, If the amount is not obligated under the apportionment within that time, it shall be added to the discretionary fund. (c) Primary airports.--(I)An amount apportioned to a sponsor of a primary airport under section 47114( c)(l) of this title is available for grants for any public-use airport of the sponsor included in the national plan of integrated airport systems. (2) Waiver.--A sponsor of an airport may make an agreement with the Secretary of Transportation waiving the sponsor's claim to any part of the amount apportioned for the airport under sections 4 7114( c) and 4 7114( d)(3)( A) if the Secretary agrees to make the waived amount available for a grant for another public-use airport in the same State or geographical area as the airport, as determined by the Secretary. (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 (2) section 4 7114(d)(2)(B) or (g of this title is available for grants for airports described in section 47114( d)(2)(B) or (g and located in the State. (e) Special apportionment categories.--(I) The Secretary shall use amounts available to the discretionary fund under section 47115 of this title for each fiscal year as follows: (A) At least 35 percent for grants for airport noise compatibility planning under section 47505(a)(2), for carrying out noise compatibility programs under section 47504(c), for noise mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible land use planning and projects carried out by State and local governments under section 47141, and for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.). The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not such 35 percent requirement is being met in that fiscal year. (B) at fFN 11 least 4 percent to sponsors of current or former military airports designated by the Secretary under section 4 7118( a) of this title forgrants for developing current and former military airports to improve the capacity of the national air transportation system and to sponsors of noncommercial service airports for grants for operational and maintenance @ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 2 49 U.S.C.A. S 47117 expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant. (C) In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least two-thirds of 1 percent for grants to sponsors of reliever airports which have-- (i) more than 75,000 annual operations; (ii) a runway with a minimum usable landing distance of 5,000 feet; (iii) a precision instrument landing procedure; (iv) a minimum number of aircraft, to be determined by the Secretary, based at the airport; and (v) been designated by the Secretary as a reliever airport to an airport with 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings. [(D) Repealed. Pub.L. 104-264, Title I, S 123(b)(2), Oct. 9,1996, 110 Stat. 3219] [(E) Redesignated (B)] (2) 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. (3) Priority.--The Secretary shall give priority in making grants under paragraph (1)(A) to applications for airport noise compatibility planning and programs at and around-- (A) Chicago O'Hare International Airport; (B) LaGuardia Airport; (C) John F. Kennedy International Airport; and (D) Ronald Reagan Washington National Airport. (f) Discretionary use of apportionments.-- (1) In general.--Subject to paragraph (2), if the Secretary finds that all or part of an amount of an apportionment under section 47114 is not required during a fiscal year to fund a grant for which the apportionment may be used, the Secretary may use during such fiscal year the amount not so required to make grants for any purpose for which grants may be made under section 48103. The finding may be based on the notifications that the Secretary receives under section 47105(t) or on other information received from airport sponsors. (2) Restoration of apportionments.-- (A) In general.--If the fiscal year for which a finding is made under paragraph (1) with respect to an apportionment is not the last fiscal year of availability of the apportionment under subsection (b), the Secretary shall restore to the apportionment an amount equal to the amount of the apportionment used under paragraph (1) for a discretionary grant whenever a sufficient amount is made available under section 48103. (B) Period of availability.--Ifrestoration under this paragraph is made in the fiscal year for which the finding is made or the succeeding fiscal year, the amount restored shall be subject to the original period of availability of the apportionment <0 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 3 49 U.S.C.A. ~ 47117 under subsection (b). If the restoration is made thereafter, the amount restored shall remain available in accordance with subsection (b) for the original period of availability of the apportionment plus the number of fiscal years during which a sufficient amount was not available for the restoration. (3) Newly available amounts.-- (A) Restored amounts to be unavailable for discretionary grants.--Of an amount newly available under section 48103 of this title, an amount equal to the amounts restored under paragraph (2) shall not be available for discretionary grant obligations under section 47115. (B) Use of remaining amounts.--Subparagraph (A) does not impair the Secretary's authority under paragraph (1), after a restoration under paragraph (2), to apply all or part of a restored amount that is not required to fund a grant under an apportionment to fund discretionary grants. (4) Limitations on obligations apply.--Nothing in this subsection shall be construed to authorize the Secretary to incur grant obligations under section 47104 for a fiscal year in an amount greater than the amount made available under section 48103 for such obligations for such fiscal year. (g) 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 September 3, 1982, that expressly limits that authority. [(h) Redesignated (g)] CREDIT(S) (Added Pub.L. 103-272, ~ He); July 5, 1994, 108 Stat. 1271, and amended Pub.L. 103-305. Title L & 116(a), Aug. 23, 1994, 108 Stat. 1579; Pub.L. 103-429. ~ 6(68), Oct. 31, 1994, 108 Stat. 4387; Pub.L. 104-264. Title I. & & .123. 124(d), 125, Oct. 9, 1996, 110 Stat. 3219, 3220; Pub.L. 104-287. & 5(82), Oct. 11, 1996, 110 Stat. 3397; Pub.L. 105-102. ~ 3(c)(I)(A), (2). Nov. 20,1997,111 Stat. 2215; Pub.L. 105-277, Div. C, Title I, ~ 110(a), Oct. 21,1998,112 Stat. 2681-587; Pub.L. 106-6, & 7. Mar. 31, 1999, 113 Stat. 10; Pub.L. 106-31. Title VI. & 6002( d), May 21, 1999, 113 Stat. 113; Pub.L. 106-181. Title L & 104(e) to (g), ~ 129, Title II, ~ 231(f), Apr. 5,2000, 114 Stat. 70, 77,114; Pub.L. 108-176. Title L & & 149(c), 150, 151, Dec. 12,2003, 117 Stat. 2505, 2506.) rFN11 So in original. Probably should be capitalized. HISTORICAL AND STATUTORY NOTES Revision Notes and Legislative Reports 1994 Acts. ------------------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) ------------------------------------------------------------------------------- 4711 7 (a) ...................... 4 9 App.: 2207 (b) (1) (related to purposes for which funds may be used) . 4 9 App.: 2207 (c) ( 1 s t sentence related to Sept. 3, 1982, Pub.L. 97-248, ~~ 506(e)(4), 508 (b), 96 Stat. 679, 681. Sept. 3, 1982, Pub. L . 97 - 24 8 , ~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. 49 U.S.C.A. ~ 47117 purposes for which funds are available). 4 7 11 7 (b) ...................... 4 9 App. : 220 7 (a) . 4 7 11 7 (c) (1) ................... 4 9 App. : 2207 (b) (1) (related to airports at which funds may be used) . 4711 7 ( c) (2) ................... 4 9 App.: 220 7 (b) (2) . 4711 7 (d) ...................... 4 9 App.: 22 07 (c) ( 1 s t sentence related to airports at which funds are available, last sentence) . 47117 (e) ...................... 49 App.: 2202 (a) (11) . 4 9 App. : 2207 (d) . 4711 7 (f) ...................... 49 App.: 2206 (b) (5) (D). ~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 4 ~ 508(c), 96 Stat. 682; Dec. 30, 1987, Pub.L. 100-223, ~ 106(b)(2)(C), 101 Stat. 1498. Sept. 3, 1982, Pub. L . 97 - 24 8 , ~ 508(a), 96 Stat. 681; Dec. 30, 1987, Pub. L. 100-223, ~ 106(b)(2)(A), (B), 101 Stat. 1497. Sept. 3, 1982, Pub. L. 97-248, ~ 503(a) (11), 96 Stat. 673; Dec. 30, 1987, Pub.L. 100-223, ~ 103(c)(1), 101 Stat. 1488. Sept. 3, 1982, Pub.L. 97-248, ~ 508 (d), 96 Stat. 682; Dec. 30, 1987, Pub.L. 100-223, ~ ~ 106 (b) (2) (D), 107, 101 Stat. 1498; Nov. 5, 1990, Pub.L. 101-508, ~ 9109 (b), 104 Stat. 1388-356; Oct. 31, 1992, Pub.L. 102-581, ~ ~ 107 (a), 108, 106 Stat. 4878, 4879. Sept. 3, 1982, Pub. L . 97 - 24 8 , ~ 507 (b) (5) (D), Page 5 49 U.S.C.A. S 47117 4 9 App.: 2207 (e) (2) . 96 Stat. 679; Jan. 6, 1983, Pub. L . 97 - 4 2 4 , ~ 42 6 (a) ,( d) , 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100-223, ~ 106 (a), 101 Stat. 1496. Sept. 3, 1982, Pub.L. 97-248, 96 Stat. 324, ~ 508(e) (1); added Oct. 2, 1982, Pub.L. 97-276, ~ 167, 96 Stat. 1204; Dec. 30, 1987, Pub. L. 100-223, ~ 106(b)(2)(E), 101 Stat. 1498. Sept. 3, 1982, Pub.L. 97-248, 96 Stat. 324, ~ 508(e) (2); added Oct. 2, 1982, Pub.L. 97-276, ~ 167, 96 Stat. 1205. 4 7 11 7 ( g) ...................... 4 9 App. : 2207 (e) (1) . 4 7 11 7 (h) ...................... 4 9 App. : 2205 (e) (4) . ----------------------~-------------------------------------------------------- In subsection (b), the words "for grants" are added, and the word "apportioned" is substituted for "first authorized to be obligated", for clarity. The words "established by section 2206(c) of this Appendix" are omitted as surplus. In subsection (c)(2), the word "if' is substituted for "on the condition that" to eliminate unnecessary words. The word "in" is substituted for "which is a part of' for clarity. Subsection (d) is substituted for 49 App.:2207(c)(1st sentence related to airports at which funds are available) for clarity. The text of 49 App.: 2207( c )(last sentence) is omitted as surplus because of section 471 05(a) of the revised title. In subsection (e)(l), the words "The Secretary shall use... (A) ... for grants ... (B)... for grants... (C)... for grants... (D)... for ... grants ... (E) ... for grants" are substituted for "shall be distributed" and "shall be obligated" for clarity and consistency in the revised title. Clause (C)(ii) is substituted for 49 App.:2207(d)(3)(B) and (C) to eliminate unnecessary words. In clause (E), the references to fiscal years 1991 and 1992 are omitted as obsolete. In subsection (e)(2), the words "for each fiscal year" are omitted as surplus. In subsection (e)(3), the words "an amount required to be used for grants under paragraph (1) of this subsection cannot be used" are substituted for "he will not be able to distribute the amount of funds required to be distributed under paragraph (1), (2), (3), or (4) of this subsection" for consistency. The words "submitted in compliance with this chapter" are omitted as surplus. The words "cannot be used" are substituted for "will not be distributed" for consistency. The words "for which amounts are" are added for clarity and consistency in this chapter. i!) 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 6 49 U.S.C.A. ~ 47117 Subsection (t) is substituted for 49 App.:2206(b )(5)(D) for clarity and consistency in the revised title. In subsection (g)(l), the words "and (3)" are omitted because 49 App.: 2207(e)(3) has expired. The words "at his discretion" are omitted as surplus. In subsection (g)(2)(A), the words "made available" are substituted for "authorized" for clarity. In subsection (h), the words "to make grants" are substituted for "to obligate to an airport by grant agreement" for consistency in the revised title and to eliminate unnecessary words. The words "the unobligated balance of' are omitted as surplus. The words "limits that authority" are substituted for "limits the application of this paragraph" for clarity. The words "in addition to the amounts authorized for that fiscal year by section 2204 of this Appendix" are omitted as surplus. House Report No. 103-180. House Report No. 103-240and House Conference Report No. 103-677, see 1994 U.S. Code Congo and Adm. News, p. 1676. ------------------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) ------------------------------------------------------------------------------- 4 711 7 (e) ...................... 4 9 App. : 220 7 (d) . Sept. 3, 1982, Pub.L. 97-248, S; 508(d), as amended May 26, 1994, Pub.L. 103-260, S; 105, 108 Stat. 699. ------------------------------------------------------------------------------- House Report No. 103-831, see 1994 U.S. Code Congo and Adm. News, p. 3579. 1996 Acts. House Report No. 104-714 and House Conference Report No. 104- 848, see 1996 U.S. Code Congo and Adm. News, p. 3658. House Report No. 104-573, see 1996 U.S. Code Congo and Adm. News, p. 3831. 1998 Acts. Statement by President, see 1998 U.S. Code Congo and Adm. News, p. 582. 1999 Acts. House Conference Report No. 106-143 and Statement by President, see 1999 U.S. Code Congo and Adm. News, p.27. 2000 Acts. House Conference Report No. 106-513 and statement by President, see 2000 U.S. Code Congo and Adm. News, p.80. 2003 Acts. House Conference Report No.1 08-334 and Statement by President, see 2003 U.S. Code Congo and Adm. News, p.2212. References in Text The Clean Air Act, referred to in subsec. (e)(l)(A), is Act July 14, 1955, C. 360, as amended, which is classified generally to chapter 85 of Title 42, 42 U.S.C.A. & 7401 et seq. For complete classification, see Short Title note set out under 42 U.S.C.A. .Ll1Ql and Tables. !Q 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 7 49 U.S.C.A. ~ 47117 Codifications Section 125 of Pub.L. 104-264, which was to have repealed certain other amendments by Pub.L. 104-264, effective Sept. 30, 1998, was repealed effective Sept. 29, 1998, by section 110(a) of Title I of Div. C of Pub.L. 105-277. Accordingly, amendment by section 125 of Pub.L. 104-264 never took effect, and text was restored to provisions as amended by Pub.L. 104-264 without regard to such section 125. Pub.L. 104-264. ~ 124(d). which directed that in subsec. (e)(1)(B) of this section "1996, 1997, and 1998" be substituted for "and 1996," was struck out by Pub.L. 105-102. ~ 3(c)(2), given that it could not be executed in view of prior amendment by section 123(b)(6) of Pub.L. 104-264, which resulted in "and 1996," being stricken from subsec. (e)(I)(B) of this section. Subsequently, Pub.L. 1 06-6. ~ 7. also directed that subsec. (d) of Pub.L. I 04-264. ~ 124 be struck out. Pub.L. 105-102. ~ 3(c)(l)(A). revised section 123(b)(6) of Pub.L. 104- 264, October 9, 1996, 110 Stat. 3213, thereby amending subsec. (e)(I)(B) of this section. Such amendment by section 3(c)(I)(A) ofPub.L. 105-102 effective as if included in Pub.L. 104-264 when enacted on October 9, 1996. Pub.L. I 04-287. ~ ~ 5(82)(A), 8(2), Oct. II, 1996, 11 0 Stat. 3397, 3400, as amended by Pub.L. 105-1 02. ~ 3( d)(2)(B), Nov. 20, 1997, 111 Stat. 2215, provided that, effective September 30, 1998, subsec. (e)(1)(A), formerly (B), as redesignated by section 123(b)(3) of Pub.L. 104-264, is amended by substituting "47504(c)" for "47504(c)(1)". This amendment replaces an identical substitution of language by section 123(d) ofPub.L. 104-264, as added by section 3(c)(1)(B) ofPub.L. 105-102. This latter amendment terminated Sept. 30, 1998 pursuant to section 125 of Pub.L. 104-264. As a result, amendment by Pub.L. 104-287 resulted in no change in text. [The redesignation of subpar. (B) as (A) by section 123(b )(3) of Pub.L. 104- 264 terminated Sept. 30, 1998, pursuant to section 125 of Pub.L. 104-264, resulting in provision once again being set out as subpar. (A).] Amendments 2003 Amendments. Subsec. (b). Pub.L. 108-1 76. ~ 150. struck out "primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year" and inserted "nonhub airport or any airport that is not a commercial service airport". Subsec. (c)(2). Pub.L. 108-1 76..~ l49(c), rewrote par. (2), which formerly read: "(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 geographical area as the primary airport." Subsec. (e)(1 )(A). Pub.L.l 08-176. ~ 15 I. rewrote subpar. (A), which formerly read: "At least 34 percent for grants for airport noise compatibility planning under section 47505(a)(2) of this title and for carrying out noise compatibility programs under section 47504(c) of this title. The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 471 14 in that fiscal year in determining whether or not such 34 percent requirement is being met in that fiscal year." 2000 Amendments. Subsec. (e)(1)(A). Pub.L. 106-181. ~ 104(e). struck out "31 percent" and inserted" 34 percent". Subsec. (e)(1)(C). Pub.L. 106-181. ~ 104(f). added subpar. (C). Subsec. (e)(3). Pub.L. 106~181. Title II. ~ 231(f). added par. (3). Subsec. (t). Pub.L. I 06-181. ~ 1 04( g). repealed former subsec. (t) and redesignated former subsec. (g) as subsec. (t). Former subsec. (t) read: "(1) Limitation for commercial service airport in Alaska.--The Secretary may not make a grant for a commercial service airport in Alaska of more than I 10 percent of the amount apportioned for the airport for a fiscal year under section 471 14(e) of this title." Pub.L. 106- I 81. ~ 129. rewrote subsec. (t), as redesignated by ~ 104(g), which formerly read: <Q 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 8 49 U.S.C.A. S 47117 "(1) Discretionary use of apportionments.--(l) Subject to paragraph (2) of this subsection, if the Secretary finds, based on the notices the Secretary receives under section 47105(1) of this title or otherwise, that an amount apportioned under section 47114 of this title will notbe 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-- "(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 available under subsection (b) of this section.". Subsec. (g). Pub.L. 1 06-181. ~ I 04( g), redesignated former subsecs. (g) and (h) as subsecs. (f) and (g), respectively. Subsec. (h). Pub.L. 1 06-181. ~ 1 04( g), redesignated former subsec. (h) as subsec. (g). 1999 Amendments. Subsec. (e)(I)(B). Pub.L. 106-31. ~ 6002(d), struck out "for each of fiscal years 1997 and 1998" following "At least 4 percent". Pub.L. 106-6. & 7, amended the directory language of section 124 ofPub.L. 104-264 in a manner identical to the amendment by section 3(c)(2) of Pub.L. 105-102, and so required no change in text. See Codifications note set out under this section. 1998 Amendments. Pub.L. 105-277, ~ 110(a), repealed section 125 ofPub.L. 104-264, which had provided for termination of other amendments by Pub.L. 104-264. See 1996 Amendments notes for other amendments by Pub.L. 104-264. 1997 Amendments. Subsec. (e)(1)(A). Pub.L. 104-264, ~ 123(d), as amended by Pub.L. 105-102, ~ 3(c)(1)(B), substituted "47504(c)" for "47504(c)(1)". See Codification and 1996 Amendment notes set out under this section. Subsec. (e)(1)(B). Pub.L.I05-102, ~ 3(c)(1)(A), substituted "each of fiscal years 1997 and 1998" for "each fiscal year thereafter". See 1996 Amendment notes set out under this section. Pub.L. 105-102, ~ 3(c)(2), amended the directory language ofPub.L. 104- 264, ~ 124, and required no change in text. See Codification note set out under this section. Pub.L. 105-102, & 3(d)(2)(B), amended the effective date provisions set out in section 8(2) of Pub.L. 104-287 to add a reference to section 5(82)(A) of that Act; this amendment had the effect of deferring the substitution of "47504(c)" for "47504(c)(1)" until September 30, 1998. 1996 Amendments. Pub.L. 104-264, ~ 125. repealed amendments by sections 123 and 124(d) ofPub.L. 104-264 to subsecs. (b) and (e). Prior to the repeal of those amendments, subsecs. (b) and (e) read as follows: "(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 or the 3 fiscal years immediately following that year in the case of a primary airport that had less than .05 percent of the total boardings inthe United States in the preceding calendar year. If the amount is not obligated under the apportionment within that time, it shall be added to the discretionary fund." "(e) Special apportionment categories.--(l) The Secretary shall use amounts available to the discretionary fund under section 47115 of this title for each fiscal year as follows: "(A) At least 31 percent for grants for airport noise compatibility planning under section 47505(a)(2) of this title and for carrying out noise compatibility programs under section 47504(c) of this title. The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining ~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 9 49 U.S.C.A. ~ 47117 whether or not such 31 percent requirement is being met in that fiscal year. "(B) At least 4 percent for each fiscal year thereafter 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 and to sponsors of noncommercial service airports for grants for operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant. "[(C), (D) Repealed. Pub.L. 104-264. Title 1. ~ 123(b)(2), Oct. 9, 1996, 110 Stat. 3219] "[(E) Redesignated (B)] "(2) 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. "[(3) Redesignated (2)]" Subsec. (b). Pub.L. 104-264. & 123(a). added provision relating to primary airport with less than 0.05 percent of total boardings in country in preceding year. Subsec. (e)(1). Pub.L. 104-264, & 123(b)(1 ), substituted "available to the discretionary fund under section 47115" for "made available under section 48103". Subsec. (e)(1)(A). Pub.L.104-264. & 123(b)(2) to (5), redesignated former subpar. (B) as (A), and as redesignated added provision relating to counting grants made for planning and programs with funds under section 47114 in determining whether requirement is being met and substituted "At least 31 percent" for "at least 12.5 percent". Former subpar. (A) relating to grants for reliever airports was struck out. Subsec. (e)(1)(B). Pub.L.I04-287, & 5(82)(A), substituted "47504(c)" for "47504(c)(1)". See Codification note set out under this section. Pub.L. 104-264, & 123(b)(3), redesignated former subpars. (B) and (E) as (A) and (B), respectively. Pub.L. 104-264, & 124(d), purported to substitute "1996, 1997, and 1998" for "and 1996". See Codification note set out under this section. Pub.L. 104-264. & 123(b)(6). substituted "at least 4 percent for each fiscal year thereafter" for "at least 2.25 percent for the fiscal year ending September 30, 1993, and at least 2.5 percent for each of the fiscal years ending September 30, 1994, 1995, and 1996," in subpar. (B), as so redesignated. Pub.L. 104-264, & 123(b)(7), in subpar. (B), as so redesignated, added provision relating to noncommercial service airports following "national air transportation system". Subsec. (e)(1)(C), (D). Pub.L. 104-264. & 123(b)(2). struck out former subpars. (C) and (D) relating to nonprimary commercial service and public airports except commercial service airports, and integrated airport system planning grants to planning agencies, respectively. Subsec. (e)(1)(E). Pub.L. 104-264, & 123(b)(3), redesignated former subpar. (E) as (B). Subsec. (e)(2), (3). Pub.L. 104-264, & 123(c), redesignated former par. (3) as (2). Former par. (2) relating to excluding grant under section 47114(e) from part of amoUnt required for nonprimary commercial service airports and public airports except l0 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 10 49 U.S.C.A. ~ 47117 commercial service airports was struck out. Subsec. (g)(1). Pub.L. 104-287. & 5(82)(B), substituted "47105(f)" for "47105(e)". 1994 Amendments. Subsec. (e)(1)(A). Pub.L. 103-429. & 6(68)(A), substituted "5 percent" for "10 percent". Subsec. (e)(1)(C). Pub.L. 103-429. & 6(68)(B), substituted "1.5 percent" for "2.5 percent". Subsec. (e)(1)(D). Pub.L. 103-429. & 6(68)(C), substituted ".75 percent" for ".5 percent". Subsec. (e)(1)(E). Pub.L. 103-305. & 116(a). substituted ", 1995, and 1996" for ", and 1995". Subsec. (e)(2). Pub.L. 103.429. & 6(68)(D), substituted "1.5 percent" for "2.5 percent". Effective and Applicability Provisions 2003 Acts. Except as otherwise provided, amendments by Pub.L. 108-176 applicable to fiscal years beginning after Sept. 30, 2003, see Pub.L. 108- 176.& 3. set out as a note under 49 U.S.c.A. & 106. 2000 Acts. Amendment by Pub.L. 106-181 applicable only to fiscal years beginning after September 30, 1999, see section 3 of Pub.L. 106-181, set out as a note under section 106 of this title. 1997 Acts. Amendment ofthis section by section 3( c)(1), (2) of Pub.L. 105- 102 is effective Oct. 9, 1996. Amendments by section 3(d)(2)(B) of Pub.L. 105-102 to the provisions of section 8(2) of Pub.L. 104-287, setout as a note under this section, are effective Oct. 11, 1996. Amendments by Pub.L. 105-102. & 3(a) to (d), effective as if included in the provisions of the Acts to which the amendments relate, see section 3(f) ofPub.L. 105-102, set out as a note under section 106 of this title. 1996 Acts. Section 8(2) of Pub.L. 104-287, as amended by Pub.L. 105-102. & 3(d)(2)(B). Nov. 20, 1997, 111 Stat. 2215, provided that: "The amendment made by section 5(81)(B) [redesignating former subsec. (f) of section 47115 of this title as subsec. (g)], (82)(A) [substituting '47504(c)' for '47504(c)(1))' in subsec. (e)(1)(B) of this section], and (83)(A) [substituting 'before August 24,1994' for 'on or before the date of enactment of this sentence' in section 47118(a) of this title] shall take effect on September 30, 1998." [The amendments to this note by section 3(d)(2)(B) of Pub.L. 105-102, adding references to (81)(B) and (83)(A) and changing the date from October 31, 1994, are effective Oct. 11, 1996.] Termination of Amendments Section 125 of Pub.L. 104-264, which had provided that the amendments made by subtitle B of Title I of Pub.L. 104-264 (amending sections 47114,47115, 47117 and 47118 of this title) were to cease to be effective on Sept. 30, 1998, and that on and after such date, sections 47114, 47115, 47117 and 47118 of this title shall read as if such amendments had not been enacted, was repealed by Pub.L. 105-277, Div. C, Title I, ~ 110(a), Oct. 21, 1998, 112 Stat. 2681- 587. [Pub.L. 105-277, Div. C, Title I, ~ 110(a), Oct. 21, 1998, 112 Stat. 2681- 587, provided in part that repeal of section 125 of Pub.L. 104-264 by that section is effective Sept. 29, 1998. Since repeal by such section 125 of certain other provisions of Pub.L. 104-264 (amending this section) was to have taken effect Sept. 30, 1998, section 125 ofPub.L. 105-264 never took effect, and text as amended by Pub.L. 104-264 remained in effect on and after Sept. 30, 1998. See Codifications note set out under this section.] Applicability ofPub.L. 104-264 Except as otherwise specifically provided, Pub.L. 104-264 and the amendments made by Pub.L. 104-264 applicable only to <<;) 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works. Page 11 49 U.S.C.A. ~ 47117 fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 ofPub.L. 104-264, set out as a note under section 106 of this title. Repeals Section 125 of Pub.L. 104-264, set out in the credit of this section, was repealed by Pub.L. 105-277, Div. C, Title I, ~ 110(a), Oct. 21,1998,112 Stat. 2681-587. LIBRARY REFERENCES American Digest System Disbursements offederal funds; aid to state and local agencies, see United States ~82(2). Public establishment and operation of airports, see Aviation ~217. Regulation and use of airports and services in general, see Aviation ~ 224. Right to establish and maintain airports in general, see Aviation ~211. 49 U.S.C.A. ~ 47117,49 USCA ~ 47117 Current through P.L. 109-229 approved 05-31-06 Copr. ~ 2006 Thomson/West. No. Claim to Orig. U.S. Govt. Works END OF DOCUMENT ~ 2006 Thomson/West. No Claim to Orig. U.S. Govt. Works.