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.