TITLE 49 - TRANSPORTATION
SUBTITLE VII - AVIATION PROGRAMS
PART B - AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471 - AIRPORT DEVELOPMENT
SUBCHAPTER I - AIRPORT IMPROVEMENT
Section
47101. Policies.
47102. Definitions.
47103. National plan of integrated airport systems.
47104. Project grant authority.
47105. Project grant applications.
47106. Project grant application approval conditioned on satisfaction of
project requirements.
47107. Project grant application approval conditioned on assurances
about airport operations.
47108. Project grant agreements.
47109. United States Government's share of project costs.
47110. Allowable project costs.
47111. Payments under project grant agreements.
47112. Carrying out airport development projects.
47113. Minority and disadvantaged business participation.
47114. Apportionments.
47115. Discretionary fund.
47116. Small airport fund.
47117. Use of apportioned amounts.
47118. Designating current and former military airports.
47119. Terminal development costs.
47120. Grant priority.
47121. Records and audits.
47122. Administrative.
47123. Nondiscrimination.
47124. Agreements for State and local operation of airport facilities.
47125. Conveyances of United States Government land.
47126. Criminal penalties for false statements.
47127. Ground transportation demonstration projects.
47128. State block grant pilot program.
47129. Resolution of airport-air carrier disputes concerning
airport fees.
47130. Airport safety data collection.
47131. Annual report.
Sec. 47101. Policies
(a) General. - It is the policy of the United States -
(1) that the safe operation of the airport and airway system is
the highest aviation priority;
(2) that aviation facilities be constructed and operated to
minimize current and projected noise impact on nearby
communities;
(3) to give special emphasis to developing reliever airports;
(4) that appropriate provisions should be made to make the
development and enhancement of cargo hub airports easier;
(5) to encourage the development of transportation systems that
use various modes of transportation in a way that will serve the
States and local communities efficiently and effectively;
(6) that airport development projects under this subchapter
provide for the protection and enhancement of natural resources
and the quality of the environment of the United States;
(7) that airport construction and improvement projects that
increase the capacity of facilities to accommodate passenger and
cargo traffic be undertaken to the maximum feasible extent so
that safety and efficiency increase and delays decrease;
(8) to ensure that nonaviation usage of the navigable airspace be
accommodated but not allowed to decrease the safety and capacity
of the airspace and airport system;
(9) that artificial restrictions on airport capacity -
(A) are not in the public interest;
(B) should be imposed to alleviate air traffic delays only
after other reasonably available and less burdensome
alternatives have been tried; and
(C) should not discriminate unjustly between categories and
classes of aircraft;
(10) that special emphasis should be placed on converting
appropriate former military air bases to civil use and
identifying and improving additional joint-use facilities;
(11) that the airport improvement program should be administered
to encourage projects that employ innovative technology,
concepts, and approaches that will promote safety, capacity, and
efficiency improvements in the construction of airports and in
the air transportation system (including the development and use
of innovative concrete and other materials in the construction of
airport facilities to minimize initial laydown costs, minimize
time out of service, and maximize lifecycle durability) and to
encourage and solicit innovative technology proposals and
activities in the expenditure of funding pursuant to this
subchapter;
(12) that airport fees, rates, and charges must be reasonable and
may only be used for purposes not prohibited by this subchapter;
and
(13) that airports should be as self-sustaining as possible under
the circumstances existing at each particular airport and in
establishing new fees, rates, and charges, and generating
revenues from all sources, airport owners and operators should
not seek to create revenue surpluses that exceed the amounts to
be used for airport system purposes and for other purposes for
which airport revenues may be spent under section 47107(b)(1) of
this title, including reasonable reserves and other funds to
facilitate financing and cover contingencies.
(b) National Transportation Policy. - (1) It is a goal of the United
States to develop a national intermodal transportation system that
transports passengers and property in an efficient manner. The future
economic direction of the United States depends on its ability to
confront directly the enormous challenges of the global economy,
declining productivity growth, energy vulnerability, air pollution,
and the need to rebuild the infrastructure of the United States. (2)
United States leadership in the world economy, the expanding wealth of
the United States, the competitiveness of the industry of the United
States, the standard of living, and the quality of life are at stake.
(3) A national intermodal transportation system is a coordinated,
flexible network of diverse but complementary forms of transportation
that transports passengers and property in the most efficient manner.
By reducing transportation costs, these intermodal systems will
enhance the ability of the industry of the United States to compete in
the global marketplace. (4) All forms of transportation, including
aviation and other transportation systems of the future, will be full
partners in the effort to reduce energy consumption and air pollution
while promoting economic development. (5) An intermodal transportation
system consists of transportation hubs that connect different forms of
appropriate transportation and provides users with the most efficient
means of transportation and with access to commercial centers,
business locations, population centers, and the vast rural areas of
the United States, as well as providing links to other forms of
transportation and to intercity connections. (6) Intermodality and
flexibility are paramount issues in the process of developing an
integrated system that will obtain the optimum yield of United States
resources. (7) The United States transportation infrastructure must be
reshaped to provide the economic underpinnings for the United States
to compete in the 21st century global economy. The United States can
no longer rely on the sheer size of its economy to dominate
international economic rivals and must recognize fully that its
economy is no longer a separate entity but is part of the global
marketplace. The future economic prosperity of the United States
depends on its ability to compete in an international marketplace that
is teeming with competitors but in which a full one-quarter of the
economic activity of the United States takes place. (8) The United
States must make a national commitment to rebuild its infrastructure
through development of a national intermodal transportation system.
The United States must provide the foundation for its industries to
improve productivity and their ability to compete in the global
economy with a system that will transport passengers and property in
an efficient manner.
(c) Capacity Expansion and Noise Abatement. - It is in the public
interest to recognize the effects of airport capacity expansion
projects on aircraft noise. Efforts to increase capacity through any
means can have an impact on surrounding communities. Noncompatible
land uses around airports must be reduced and efforts to mitigate
noise must be given a high priority.
(d) Consistency With Air Commerce and Safety Policies. - Each airport
and airway program should be carried out consistently with section
40101(a), (b), (d), and (f) of this title to foster competition,
prevent unfair methods of competition in air transportation, maintain
essential air transportation, and prevent unjust and discriminatory
practices, including as the practices may be applied between
categories and classes of aircraft.
(e) Adequacy of Navigation Aids and Airport Facilities. - This
subchapter should be carried out to provide adequate navigation aids
and airport facilities for places at which scheduled commercial air
service is provided. The facilities provided may include -
(1) reliever airports; and
(2) heliports designated by the Secretary of Transportation to
relieve congestion at commercial service airports by diverting
aircraft passengers from fixed-wing aircraft to helicopter
carriers.
(f) Maximum Use of Safety Facilities. - This subchapter should be
carried out consistently with a comprehensive airspace system plan,
giving highest priority to commercial service airports, to maximize
the use of safety facilities, including installing, operating, and
maintaining, to the extent possible with available money and
considering other safety needs -
(1) electronic or visual vertical guidance on each runway;
(2) grooving or friction treatment of each primary and secondary
runway;
(3) distance-to-go signs for each primary and secondary runway;
(4) a precision approach system, a vertical visual guidance
system, and a full approach light system for each primary runway;
(5) a nonprecision instrument approach for each secondary runway;
(6) runway end identifier lights on each runway that does not
have an approach light system;
(7) a surface movement radar system at each category III airport;
(8) a taxiway lighting and sign system;
(9) runway edge lighting and marking; and
(10) radar approach coverage for each airport terminal area.
(g) Cooperation. - To carry out the policy of subsection (a)(5) of
this section, the Secretary of Transportation shall cooperate with
State and local officials in developing airport plans and programs
that are based on overall transportation needs. The airport plans and
programs shall be developed in coordination with other transportation
planning and considering comprehensive long-range land-use plans and
overall social, economic, environmental, system performance, and
energy conservation objectives. The process of developing airport
plans and programs shall be continuing, cooperative, and comprehensive
to the degree appropriate to the complexity of the transportation
problems.
(h) Consultation. - To carry out the policy of subsection (a)(6) of
this section, the Secretary of Transportation shall consult with the
Secretary of the Interior and the Administrator of the Environmental
Protection Agency about any project included in a project grant
application involving the location of an airport or runway, or a major
runway extension, that may have a significant effect on -
(1) natural resources, including fish and wildlife;
(2) natural, scenic, and recreation assets;
(3) water and air quality; or
(4) another factor affecting the environment.
Sec. 47102. Definitions
In this subchapter -
(1) "air carrier airport" means a public airport regularly served by -
(A) an air carrier certificated by the Secretary of
Transportation under section 41102 of this title (except a
charter air carrier); or
(B) at least one air carrier -
(i) operating under an exemption from section 41101(a)(1) of
this title that the Secretary grants; and
(ii) having at least 2,500 passenger boardings at the
airport during the prior calendar year.
(2) "airport" -
(A) means -
(i) an area of land or water used or intended to be used for
the landing and taking off of aircraft;
(ii) an appurtenant area used or intended to be used for
airport buildings or other airport facilities or rights of
way; and
(iii) airport buildings and facilities located in any of
those areas; and
(B) includes a heliport.
(3) "airport development" means the following activities, if
undertaken by the sponsor, owner, or operator of a public-use airport:
(A) constructing, repairing, or improving a public-use airport,
including -
(i) removing, lowering, relocating, marking, and lighting an
airport hazard; and
(ii) preparing a plan or specification, including carrying
out a field investigation.
(B) acquiring for, or installing at, a public-use airport -
(i) a navigation aid or another aid (including a precision
approach system) used by aircraft for landing at or taking
off from the airport, including preparing the site as
required by the acquisition or installation;
(ii) safety or security equipment, including explosive
detection devices and universal access systems, the
Secretary requires by regulation for, or approves as
contributing significantly to, the safety or security of
individuals and property at the airport;
(iii) equipment to remove snow, to measure runway surface
friction, or for aviation-related weather reporting;
(iv) firefighting and rescue equipment at an airport that
serves scheduled passenger operations of air carrier
aircraft designed for more than 20 passenger seats;
(v) aircraft deicing equipment and structures (except
aircraft deicing fluids and storage facilities for the
equipment and fluids); and
(vi) interactive training systems.
(C) acquiring an interest in land or airspace, including land for
future airport development, that is needed -
(i) to carry out airport development described in subclause
(A) or (B) of this clause; or
(ii) to remove or mitigate an existing airport hazard or
prevent or limit the creation of a new airport hazard.
(D) acquiring land for, or constructing, a burn area training
structure on or off the airport to provide live fire drill
training for aircraft rescue and firefighting personnel required
to receive the training under regulations the Secretary
prescribes, including basic equipment and minimum structures to
support the training under standards the Administrator of the
Federal Aviation Administration prescribes.
(E) relocating after December 31, 1991, an air traffic control
tower and any navigational aid (including radar) if the
relocation is necessary to carry out a project approved by the
Secretary under this subchapter.
(F) constructing, reconstructing, repairing, or improving an
airport, or purchasing capital equipment for an airport, if paid
for by a grant under this subchapter and necessary for compliance
with the responsibilities of the operator or owner of the airport
under the Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.), the Clean Air Act (42 U.S.C. 7401 et seq.), and
the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.),
except constructing or purchasing capital equipment that would
benefit primarily a revenue-producing area of the airport used by
a nonaeronautical business.
(G) acquiring land for, or work necessary to construct, a pad
suitable for deicing aircraft before takeoff at a commercial
service airport, including constructing or reconstructing paved
areas, drainage collection structures, treatment and discharge
systems, appropriate lighting, paved access for deicing vehicles
and aircraft, but not including acquiring aircraft deicing fluids
or constructing or reconstructing storage facilities for aircraft
deicing equipment or fluids.
(4) "airport hazard" means a structure or object of natural growth
located on or near a public-use airport, or a use of land near the
airport, that obstructs or otherwise is hazardous to the landing or
taking off of aircraft at or from the airport.
(5) "airport planning" means planning as defined by regulations the
Secretary prescribes and includes integrated airport system planning.
(6) "amount made available under section 48103 of this title" means
the amount authorized for grants under section 48103 of this title as
reduced by any law enacted after September 3, 1982.
(7) "commercial service airport" means a public airport in a State
that the Secretary determines has at least 2,500 passenger boardings
each year and is receiving scheduled passenger aircraft service.
(8) "integrated airport system planning" means developing for planning
purposes information and guidance to decide the extent, kind,
location, and timing of airport development needed in a specific area
to establish a viable, balanced, and integrated system of public-use
airports, including -
(A) identifying system needs;
(B) developing an estimate of systemwide development costs;
(C) conducting studies, surveys, and other planning actions,
including those related to airport access, needed to decide which
aeronautical needs should be met by a system of airports; and
(D) standards prescribed by a State, except standards for safety
of approaches, for airport development at nonprimary public-use
airports.
(9) "landed weight" means the weight of aircraft transporting only
cargo in intrastate, interstate, and foreign air transportation, as
the Secretary determines under regulations the Secretary prescribes.
(10) "passenger boardings" -
(A) means revenue passenger boardings on an aircraft in service
in air commerce as the Secretary determines under regulations the
Secretary prescribes; and
(B) includes passengers who continue on an aircraft in
international flight that stops at an airport in the 48
contiguous States, Alaska, or Hawaii for a nontraffic purpose.
(11) "primary airport" means a commercial service airport the
Secretary determines to have more than 10,000 passenger boardings each
year.
(12) "project" means a project, separate projects included in one
project grant application, or all projects to be undertaken at an
airport in a fiscal year, to achieve airport development or airport
planning.
(13) "project cost" means a cost involved in carrying out a project.
(14) "project grant" means a grant of money the Secretary makes to a
sponsor to carry out at least one project.
(15) "public agency" means -
(A) a State or political subdivision of a State;
(B) a tax-supported organization; or
(C) an Indian tribe or pueblo.
(16) "public airport" means an airport used or intended to be used for
public purposes -
(A) that is under the control of a public agency; and
(B) of which the area used or intended to be used for the
landing, taking off, or surface maneuvering of aircraft is
publicly owned.
(17) "public-use airport" means -
(A) a public airport; or
(B) a privately-owned airport used or intended to be used for
public purposes that is -
(i) a reliever airport; or
(ii) determined by the Secretary to have at least 2,500
passenger boardings each year and to receive scheduled
passenger aircraft service.
(18) "reliever airport" means an airport the Secretary designates to
relieve congestion at a commercial service airport and to provide more
general aviation access to the overall community.
(19) "sponsor" means -
(A) a public agency that submits to the Secretary under this
subchapter an application for financial assistance; and
(B) a private owner of a public-use airport that submits to the
Secretary under this subchapter an application for financial
assistance for the airport.
(20) "State" means a State of the United States, the District of
Columbia, Puerto Rico, the Virgin Islands, American Samoa, the
Northern Mariana Islands, the Trust Territory of the Pacific Islands,
and Guam.
Sec. 47103. National plan of integrated airport systems
(a) General Requirements and Considerations. - The Secretary of
Transportation shall maintain the plan for developing public-use
airports in the United States, named "the national plan of integrated
airport systems". The plan shall include the kind and estimated cost
of eligible airport development the Secretary of Transportation
considers necessary to provide a safe, efficient, and integrated
system of public-use airports adequate to anticipate and meet the
needs of civil aeronautics, to meet the national defense requirements
of the Secretary of Defense, and to meet identified needs of the
United States Postal Service. Airport development included in the plan
may not be limited to meeting the needs of any particular classes or
categories of public-use airports. In maintaining the plan, the
Secretary of Transportation shall consider the needs of each segment
of civil aviation and the relationship of each airport to -
(1) the rest of the transportation system in the particular area;
(2) forecasted technological developments in aeronautics; and
(3) forecasted developments in other modes of intercity
transportation.
(b) Specific Requirements. - In maintaining the plan, the Secretary of
Transportation shall -
(1) to the extent possible and as appropriate, consult with
departments, agencies, and instrumentalities of the United States
Government, with public agencies, and with the aviation
community;
(2) consider tall structures that reduce safety or airport
capacity; and
(3) make every reasonable effort to address the needs of air
cargo operations, Short Takeoff and Landing/Very Short Takeoff
and Landing aircraft operations, and rotary wing aircraft
operations.
(c) Availability of Domestic Military Airports and Airport Facilities.
- To the extent possible, the Secretary of Defense shall make domestic
military airports and airport facilities available for civil use. In
advising the Secretary of Transportation under subsection (a) of this
section, the Secretary of Defense shall indicate the extent to which
domestic military airports and airport facilities are available for
civil use.
(d) Publication. - The Secretary of Transportation shall publish the
status of the plan every 2 years.
Sec. 47104. Project grant authority
(a) General Authority. - To maintain a safe and efficient nationwide
system of public-use airports that meets the present and future needs
of civil aeronautics, the Secretary of Transportation may make project
grants under this subchapter from the Airport and Airway Trust Fund.
(b) Incurring Obligations. - The Secretary may incur obligations to
make grants from amounts made available under section 48103 of this
title as soon as the amounts are apportioned under section 47114(c)
and (d)(2) of this title.
(c) Expiration of Authority. - After September 30, 1996, the Secretary
may not incur obligations under subsection (b) of this section, except
for obligations of amounts -
(1) remaining available after that date under section 47117(b) of
this title; or
(2) recovered by the United States Government from grants made
under this chapter if the amounts are obligated only for
increases under section 47108(b)(2) and (3) of this title in the
maximum amount of obligations of the Government for any other
grant made under this title.
Sec. 47105. Project grant applications
(a) Submission and Consultation. - (1) An application for a project
grant under this subchapter may be submitted to the Secretary of
Transportation by -
(A) a sponsor; or
(B) a State, as the only sponsor, for an airport development
project benefitting 1 or more airports in the State or for
airport planning for projects for 1 or more airports in the State
if -
(i) the sponsor of each airport gives written consent that
the State be the applicant;
(ii) the Secretary is satisfied there is administrative
merit and aeronautical benefit in the State being the
sponsor; and
(iii) an acceptable agreement exists that ensures that the
State will comply with appropriate grant conditions and
other assurances the Secretary requires. (2) Before deciding
to undertake an airport development project at an airport
under this subchapter, a sponsor shall consult with the
airport users that will be affected by the project. (3) This
subsection does not authorize a public agency that is
subject to the laws of a State to apply for a project grant
in violation of a law of the State.
(b) Contents and Form. - An application for a project grant under this
subchapter -
(1) shall describe the project proposed to be undertaken;
(2) may propose a project only for a public-use airport included
in the current national plan of integrated airport systems;
(3) may propose airport development only if the development
complies with standards the Secretary prescribes or approves,
including standards for site location, airport layout, site
preparation, paving, lighting, and safety of approaches; and
(4) shall be in the form and contain other information the
Secretary prescribes.