Sec. 47111. Payments under project grant agreements
(a) General Authority. - After making a project grant agreement under
this subchapter and consulting with the sponsor, the Secretary of
Transportation may decide when and in what amounts payments under the
agreement will be made. Payments totaling not more than 90 percent of
the United States Government's share of the project's estimated
allowable costs may be made before the project is completed if the
sponsor certifies to the Secretary that the total amount expended from
the advance payments at any time will not be more than the cost of the
airport development work completed on the project at that time.
(b) Recovering Payments. - If the Secretary determines that the total
amount of payments made under a grant agreement under this subchapter
is more than the Government's share of the total allowable project
costs, the Government may recover the excess amount. If the Secretary
finds that a project for which an advance payment was made has not
been completed within a reasonable time, the Government may recover
any part of the advance payment for which the Government received no
benefit.
(c) Payment Deposits. - A payment under a project grant agreement
under this subchapter may be made only to an official or depository
designated by the sponsor and authorized by law to receive public
money.
(d) Withholding Payments. - (1) The Secretary may withhold a payment
under a grant agreement under this subchapter for more than 180 days
after the payment is due only if the Secretary -
(A) notifies the sponsor and provides an opportunity for a
hearing; and
(B) finds that the sponsor has violated the agreement.
(2) The 180-day period may be extended by -
(A) agreement of the Secretary and the sponsor; or
(B) the hearing officer if the officer decides an extension
is necessary because the sponsor did not follow the schedule
the officer established.
(3) A person adversely affected by an order of the Secretary
withholding a payment may apply for review of the order by filing
a petition in the United States Court of Appeals for the District
of Columbia Circuit or in the court of appeals of the United
States for the circuit in which the project is located. The
petition must be filed not later than 60 days after the order is
served on the petitioner.
(e) Action on Grant Assurances Concerning Airport Revenues. - If,
after notice and opportunity for a hearing, the Secretary finds a
violation of section 47107(b) of this title, as further defined by the
Secretary under section 47107(l) of this title, or a violation of an
assurance made under section 47107(b) of this title, and the Secretary
has provided an opportunity for the airport sponsor to take corrective
action to cure such violation, and such corrective action has not been
taken within the period of time set by the Secretary, the Secretary
shall withhold approval of any new grant application for funds under
this chapter, or any proposed modification to an existing grant that
would increase the amount of funds made available under this chapter
to the airport sponsor, and withhold approval of any new application
to impose a fee under section 40117 of this title. Such applications
may thereafter be approved only upon a finding by the Secretary that
such corrective action as the Secretary requires has been taken to
address the violation and that the violation no longer exists.
(f) Judicial Enforcement. - For any violation of this chapter or any
grant assurance made under this chapter, the Secretary may apply to
the district court of the United States for any district in which the
violation occurred for enforcement. Such court shall have jurisdiction
to enforce obedience thereto by a writ of injunction or other process,
mandatory or otherwise, restraining any person from further violation.
Sec. 47112. Carrying out airport development projects
(a) Construction Work. - The Secretary of Transportation may inspect
and approve construction work for an airport development project
carried out under a grant agreement under this subchapter. The
construction work must be carried out in compliance with regulations
the Secretary prescribes. The regulations shall require the sponsor to
make necessary cost and progress reports on the project. The
regulations may amend or modify a contract related to the project only
if the contract was made with actual notice of the regulations.
(b) Prevailing Wages. - A contract for more than $2,000 involving
labor for an airport development project carried out under a grant
agreement under this subchapter must require contractors to pay labor
minimum wage rates as determined by the Secretary of Labor under the
Act of March 3, 1931 (known as the Davis-Bacon Act) (40 U.S.C. 276a -
276a-5). The minimum rates must be included in the bids for the work
and in the invitation for those bids.
(c) Veterans' Preference. - (1) In this subsection -
(A) "disabled veteran" has the same meaning given that term in
section 2108 of title 5.
(B) "Vietnam-era veteran" means an individual who served on
active duty (as defined in section 101 of title 38) in the armed
forces for more than 180 consecutive days, any part of which
occurred after August 4, 1964, and before May 8, 1975, and who
was separated from the armed forces under honorable conditions.
(2) A contract involving labor for carrying out an airport
development project under a grant agreement under this subchapter
must require that preference in the employment of labor (except
in executive, administrative, and supervisory positions) be given
to Vietnam-era veterans and disabled veterans when they are
available and qualified for the employment.
Sec. 47113. Minority and disadvantaged business participation
(a) Definitions. - In this section -
(1) "small business concern" -
(A) has the same meaning given that term in section 3 of the
Small Business Act (15 U.S.C. 632); but
(B) does not include a concern, or group of concerns
controlled by the same socially and economically
disadvantaged individual, that has average annual gross
receipts over the prior 3 fiscal years of more than
$16,015,000, as adjusted by the Secretary of Transportation
for inflation.
(2) "socially and economically disadvantaged individual" has the
same meaning given that term in section 8(d) of the Act (15
U.S.C. 637(d)) and relevant subcontracting regulations prescribed
under section 8(d), except that women are presumed to be socially
and economically disadvantaged.
(b) General Requirement. - Except to the extent the Secretary decides
otherwise, at least 10 percent of amounts available in a fiscal year
under section 48103 of this title shall be expended with small
business concerns owned and controlled by socially and economically
disadvantaged individuals.
(c) Uniform Criteria. - The Secretary shall establish minimum uniform
criteria for State governments and airport sponsors to use in
certifying whether a small business concern qualifies under this
section. The criteria shall include on-site visits, personal
interviews, licenses, analyses of stock ownership and bonding
capacity, listings of equipment and work completed, resumes of
principal owners, financial capacity, and type of work preferred.
(d) Surveys and Lists. - Each State or airport sponsor annually shall
survey and compile a list of small business concerns referred to in
subsection (b) of this section and the location of each concern in the
State.
Sec. 47114. Apportionments
(a) Definition. - In this section, "amount subject to apportionment"
means the amount 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)(A) 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; and
(iv) $.65 for each additional passenger boarding at the airport
during the prior calendar year.
(B) Not less than $500,000 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.
(2)(A) The Secretary shall apportion 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 for
each fiscal year an amount equal to 3.5 percent of the amount
subject to apportionment each year, allocated among those airports
in the proportion that the total annual landed weight of those
aircraft landing at each of those airports bears to the total
annual landed weight of those aircraft landing at all those
airports. However, not more than 8 percent of the amount
apportioned under this paragraph may be apportioned for any one
airport.
(B) Landed weight under subparagraph (A) of this paragraph is
the landed weight of aircraft landing at each of those
airports and all those airports during the prior calendar
year.
(3)(A) Except as provided in subparagraph (B) of this paragraph,
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. If this subparagraph
requires reduction of an amount that otherwise would be apportioned
under this subsection, the Secretary shall reduce proportionately
the amount apportioned to each sponsor of an airport under
paragraphs (1) and (2) until the 49.5 percent limit is achieved.
(B) If a law limits the amount subject to apportionment to
less than $1,900,000,000 for a fiscal year, 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. If this
subparagraph requires reduction of an amount that otherwise
would be apportioned under this subsection, the Secretary
shall reduce proportionately the amount apportioned to each
sponsor of an airport under paragraphs (1) and (2) until the
44 percent limit is achieved.
(d) Amounts Apportioned to States. - (1) 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 12 percent of the
amount subject to apportionment for each fiscal year as follows:
(A) one 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,
49.5 percent of the apportioned amount for airports, except
primary airports and airports described in section
47117(e)(1)(C) of this title, 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,
49.5 percent of the apportioned amount for airports, except
primary airports and airports described in section
47117(e)(1)(C) of this title, 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)(1)(C) of this title.
(e) Alternative Apportionment for Alaska. - (1) Instead of
apportioning amounts for airports in Alaska under subsections (c) and
(d) of this section, the Secretary may apportion amounts for those
airports 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) 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 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.
(f) Reducing Apportionments. - 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 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.
Sec. 47115. Discretionary fund
(a) Existence and Amounts in Fund. - The Secretary of Transportation
has a discretionary fund. The fund consists of -
(1) amounts subject to apportionment for a fiscal year that are
not apportioned under section 47114(c)-(e) of this title; and
(2) 25 percent of amounts not apportioned under section 47114 of
this title because of section 47114(f).
(b) Availability of Amounts. - Subject to subsection (c) of this
section and section 47117(e) of this title, the fund is available for
making grants for any purpose for which amounts are made available
under section 48103 of this title that the Secretary considers most
appropriate to carry out this subchapter. However, 50 percent of
amounts not apportioned under section 47114 of this title because of
section 47114(f) and added to the fund is available for making grants
for projects at small hub airports (as defined in section 41731 of
this title).
(c) Minimum Percentage for Primary and Reliever Airports. - At least
75 percent of the amount in the fund and distributed by the Secretary
in a fiscal year shall be used for making grants -
(1) to preserve and enhance capacity, safety, and security at
primary and reliever airports; and
(2) to carry out airport noise compatibility planning and
programs at primary and reliever airports.
(d) Considerations. - In selecting a project for a grant to preserve
and enhance capacity as described in subsection (c)(1) of this
section, the Secretary shall consider -
(1) the effect the project will have on the overall national air
transportation system capacity;
(2) the project benefit and cost; and
(3) the financial commitment from non-United States Government
sources to preserve or enhance airport capacity.
(e) Waiving Percentage Requirement. - If the Secretary decides the
Secretary cannot comply with the percentage requirement of subsection
(c) of this section in a fiscal year because there are insufficient
qualified grant applications to meet that percentage, the amount the
Secretary determines will not be distributed as required by subsection
(c) is available for obligation during the fiscal year without regard
to the requirement.
(f) Consideration of Diversion of Revenues in Awarding Discretionary
Grants. -
(1) General rule. - Subject to paragraph (2), in deciding whether
or not to distribute funds to an airport from the discretionary
funds established by subsection (a) of this section and section
47116 of this title, the Secretary shall consider as a factor
militating against the distribution of such funds to the airport
the fact that the airport is using revenues generated by the
airport or by local taxes on aviation fuel for purposes other
than capital or operating costs of the airport or the local
airports system or other local facilities which are owned or
operated by the owner or operator of the airport and directly and
substantially related to the actual air transportation of
passengers or property.
(2) Required finding. - Paragraph (1) shall apply only when the
Secretary finds that the amount of revenues used by the airport
for purposes other than capital or operating costs in the
airport's fiscal year preceding the date of the application for
discretionary funds exceeds the amount of such revenues in the
airport's first fiscal year ending after the date of the
enactment of this subsection, adjusted by the Secretary for
changes in the Consumer Price Index of All Urban Consumers
published by the Bureau of Labor Statistics of the Department of
Labor.
(f) [FOOTNOTE 1] Minimum Amount To Be Credited. - (1) In a
fiscal year, at least $325,000,000 of the amount made available
under section 48103 of this title shall be credited to the fund.
The amount credited is exclusive of amounts that have been
apportioned in a prior fiscal year under section 47114 of this
title and that remain available for obligation.
[FOOTNOTE 1] So in original. Probably should be "(g)".
(2) In a fiscal year in which the amount credited under subsection
(a) of this section is less than $325,000,000, the total amount
calculated under paragraph (3) of this subsection shall be
reduced by an amount that, when credited to the fund, together
with the amount credited under subsection (a), equals
$325,000,000.
(3) For a fiscal year, the total amount available to reduce to
carry out paragraph (2) of this subsection is the total of the
amounts determined under sections 47114(c)(1)(A) and (2) and (d)
and 47117(e) of this title. Each amount shall be reduced by an
equal percentage to achieve the reduction.
Sec. 47116. Small airport fund
(a) Existence and Amounts in Fund. - The Secretary of Transportation
has a small airport fund. The fund consists of 75 percent of amounts
not apportioned under section 47114 of this title because of section
47114(f).
(b) Distribution of Amounts. - The Secretary may distribute amounts in
the fund in each fiscal year for any purpose for which amounts are
made available under section 48103 of this title as follows:
(1) one-third for grants to sponsors of public-use airports
(except commercial service airports).
(2) two-thirds for grants to sponsors of each commercial service
airport that each year has less than .05 percent of the total
boardings in the United States in that year.
(c) Authority To Receive Grant Not Dependent on Participation in Block
Grant Pilot Program. - An airport in a State participating in the
State block grant pilot program under section 47128 of this title may
receive a grant under this section to the same extent the airport may
receive a grant if the State were not participating in the program.
Sec. 47117. Use of apportioned amounts
(a) Grant Purpose. - Except as provided in this section, an amount
apportioned under section 47114(c)(1) or (d)(2) 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. If the
amount is not obligated under the apportionment within that time, it
shall be added to the discretionary fund.
(c) Primary Airports. - (1) An amount apportioned to a sponsor of a
primary airport under section 47114(c)(1) 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) 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.
(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 47114(d)(2)(B) or (C) of this title is available for
grants for airports described in section 47114(d)(2)(B) or (C)
and located in the State.
(e) Special Apportionment Categories. - (1) The Secretary shall use
amounts made available under section 48103 of this title for each
fiscal year as follows:
(A) at least 5 percent for grants for reliever airports.
(B) at least 12.5 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)(1) of this title.
(C) at least 1.5 percent for grants for -
(i) nonprimary commercial service airports; and
(ii) public airports (except commercial service airports)
that were eligible for United States Government assistance
from amounts apportioned under section 15(a)(3) of the
Airport and Airway Development Act of 1970, and to which
section 15(a)(3)(A)(I) or (II) of the Act applied during the
fiscal year that ended September 30, 1981.
(D) at least .75 percent for integrated airport system planning
grants to planning agencies designated by the Secretary and
authorized by the laws of a State or political subdivision of a
State to do planning for an area of the State or subdivision in
which a grant under this chapter is to be used.
(E) 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, 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.
(2) A grant from the amount apportioned under section 47114(e) of
this title may not be included as part of the 1.5 percent required
to be used for grants under paragraph (1)(C) of this subsection.
(3) 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.
(f) Limitation for Commercial Service Airport in Alaska. - The
Secretary may not make a grant for a commercial service airport in
Alaska of more than 110 percent of the amount apportioned for the
airport for a fiscal year under section 47114(e) of this title.
(g) Discretionary Use of Apportionments. - (1) Subject to paragraph
(2) of this subsection, if the Secretary finds, based on the notices
the Secretary receives under section 47105(e) [FOOTNOTE 1] of this
title or otherwise, that an amount apportioned under section 47114 of
this title will not be 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.
[FOOTNOTE 1] See References in Text note below.
(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.
(h) 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.
Continued