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49 U.S.C. § 47116 — Small airport fund

Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 47116 — Small airport fund

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Source file: Laws/federal/codes/united-states-code/title-49/section-47116-small-airport-fund--35e2348d02.md
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Source location: Title 49, Chapter 471, § 47116; chapter-471-airport-development.md

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**(a) Existence and Amounts in Fund.—** The Secretary of Transportation has a small airport fund. The fund consists of 87.5 percent of amounts not apportioned under [section 47114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47114&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section48103&num=0&edition=prelim) as follows: (1) Not more than 25 percent for grants for projects at small hub airports. (2) Not less than 25 percent for grants to sponsors of public-use airports (except commercial service airports). (3) Not less than 50 percent for grants to sponsors of commercial service airports that are not larger than a nonhub airport. **(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47128&num=0&edition=prelim) 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. **(d) Priority Consideration for Certain Projects.—** (1) **Construction of new runways.—** — In making grants to sponsors described in subsection (b)(2), the Secretary shall give priority consideration to multi-year projects for construction of new runways that the Secretary finds are cost beneficial and would increase capacity in a region of the United States. (2) **Control tower construction.—** — Notwithstanding section 47124(b)(4)(A), the Secretary may provide grants under this section to an airport sponsor participating in the contract tower program under section 47124 for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower. Such grants shall be subject to the distribution requirements of subsection (b) and the eligibility requirements of section 47124(b)(4)(B). **(e) General Aviation Transient Aprons.—** In distributing amounts from the fund described in subsection (a) to sponsors described in subsection 11 So in original. (b)(2) and 1 (b)(3), 5 percent of each amount shall be used for projects to construct or rehabilitate aprons intended to be used for itinerant general aviation aircraft parking.

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 106 — Federal Aviation Administration

**(a) In General.—** The Federal Aviation Administration is an administration in the Department of Transportation. **(b) Administration Leadership.—** (1) **Administrator.—** (A) *In general.—* — The head of the Administration is the Administrator, who shall be appointed by the President, by and with the advice and consent of the Senate. (B) *Qualifications.—* — The Administrator shall— (i) be a citizen of the United States; (ii) not be an active duty member of the Armed Forces; (iii) not have retired from the Armed Forces within the 7 years preceding nomination; and (iv) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Administrator, the President shall consider the fitness of such individual to carry out efficiently the duties and powers of the office. (D) *Term of office.—* — The term of office for any individual appointed as Administrator shall be 5 years. (E) *Reporting chain.—* — Except as provided in subsection (f) or in other provisions of law, the Administrator reports directly to the Secretary of Transportation. (2) **Deputy administrator.—** (A) *In general.—* — The Administrator has a Deputy Administrator, who shall be appointed by the President. (B) *Qualifications.—* — The Deputy Administrator shall— (i) be a citizen of the United States; and (ii) have experience in organizational management and a field directly related to aviation. (C) *Fitness.—* — In appointing an individual as Deputy Administrator, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office, including the duty to act for the Administrator when the Administrator is absent or unable to s

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 41731 — Definitions

**(a) General.—** In this subchapter— (1) “eligible place” means a place in the United States that— (A) (i) (I) was an eligible point under section 419 of the Federal Aviation Act of 1958 before October 1, 1988; (II) received scheduled air transportation at any time after January 1, 1990; and (III) is not listed in Department of Transportation Orders 89–9–37 and 89–12–52 as a place ineligible for compensation under this subchapter; or (ii) was determined, on or after October 1, 1988, and before the date of the enactment of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190), under this subchapter by the Secretary of Transportation to be eligible to receive subsidized small community air service under section 41736(a); (B) had an average of 10 enplanements per service day or more, as determined by the Secretary, during the most recent fiscal year beginning after September 30, 2012; (C) had an average subsidy per passenger, as determined by the Secretary— (i) of less than $1,000 during the most recent fiscal year beginning before October 1, 2026, regardless of driving miles to the nearest large or medium hub airport; (ii) of less than $850 during the most recent fiscal year beginning after September 30, 2026, regardless of driving miles to the nearest medium or large hub airport; and (iii) of less than $650 during the most recent fiscal year for locations that are less than 175 miles from the nearest large or medium hub airport; and (D) is a community that, at any time during the period between September 30, 2010, and September 30, 2011, inclusive— (i) received essential air service for which compensation was provided to an air carrier under this subchapter; or (ii) received a 140-da

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 48103 — Airport planning and development and noise compatibility planning and programs

**(a) In General.—** There shall be available to the Secretary of Transportation out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 to make grants for airport planning and airport development under section 47104, airport noise compatibility planning under section 47505(a)(2), and carrying out noise compatibility programs under section 47504(c)— (1) $3,350,000,000 for fiscal year 2018; (2) $3,350,000,000 for fiscal year 2019; (3) $3,350,000,000 for fiscal year 2020; (4) $3,350,000,000 for fiscal year 2021; (5) $3,350,000,000 for fiscal year 2022; (6) $3,350,000,000 for fiscal year 2023; (7) $3,350,000,000 for fiscal year 2024; (8) $4,000,000,000 for fiscal year 2025; (9) $4,000,000,000 for fiscal year 2026; (10) $4,000,000,000 for fiscal year 2027; and (11) $4,000,000,000 for fiscal year 2028. **(b) Availability of Amounts.—** Amounts made available under subsection (a) shall remain available until expended.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 48103

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 47128 — State block grant program

**(a) General Requirements.—** The Secretary of Transportation shall issue guidance to carry out a State block grant program. The guidance shall provide that the Secretary may designate not more than 20 qualified States for each fiscal year to assume administrative responsibility for all airport grant amounts available under this subchapter, except for amounts designated for use at primary airports. **(b) Applications and Selection.—** A State wishing to participate in the program must submit an application to the Secretary. The Secretary shall select a State on the basis of its application only after— (1) deciding the State has an organization capable of effectively administering a block grant made under this section; (2) deciding the State uses a satisfactory airport system planning process; (3) deciding the State uses a programming process acceptable to the Secretary; (4) finding that the State has agreed to comply with United States Government standard requirements for administering the block grant, including the National Environmental Policy Act of 1969 ([42 U.S.C. 4321](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section4321&num=0&edition=prelim) et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements; and (5) finding that the State has agreed to provide the Secretary with program information the Secretary requires. **(c) Safety and Security Needs and Needs of System.—** Before deciding whether a planning process is satisfactory or a programming process is acceptable under subsection (b)(2) or (b)(3) of this section, the Secretary shall ensure that the process provides for meeting critical safety and security needs and that the programming p

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47128

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 47114 — Apportionments

**(a) Definition.—** In this section, “amount subject to apportionment” means the amount newly made available under [section 48103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section48103&num=0&edition=prelim) 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 and commercial service airports.—** (A) *Primary airport apportionment.—* — The Secretary shall apportion to the sponsor of each primary airport for each fiscal year an amount equal to— (i) $15.60 for each of the first 50,000 passenger boardings at the airport during the prior calendar year; (ii) $10.40 for each of the next 50,000 passenger boardings at the airport during the prior calendar year; (iii) $5.20 for each of the next 400,000 passenger boardings at the airport during the prior calendar year; (iv) $1.30 for each of the next 500,000 passenger boardings at the airport during the prior calendar year; and (v) $1.00 for each additional passenger boarding at the airport during the prior calendar year. (B) *Minimum and maximum apportionments.—* — Not less than $1,300,000 nor more than $22,000,000 may be apportioned under subparagraph (A) to an airport sponsor for a primary airport for each fiscal year. (C) *New airport.—* — Notwithstanding subparagraph (A), the Secretary shall apportion in the first fiscal year following the official opening of a new airport with scheduled passenger air transportation an amount equal to $1,300,000 to the sponsor of such airport. (D) *Nonprimary commercial service airport apporti

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47114

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 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) 12.5 percent of amounts not apportioned under [section 47114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47114&num=0&edition=prelim) because of section 47114(f). **(b) Availability of Amounts.—** Subject to subsection (c) of this section and [section 47117(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47117/e&num=0&edition=prelim), the fund is available for making grants for any purpose for which amounts are made available under [section 48103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section48103&num=0&edition=prelim) that the Secretary considers most appropriate to carry out this subchapter. **(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.—** (1) **For capacity enhancement projects.—** — In selecting a project for a grant to preserve and improve capacity funded in whole or in part from the fund, the Secretary shall consider— (A) the effect that the project will have on overall national transportation system capacity; (B) the benefit and cost of the project, including, in the case of a project at a reliever airport, the

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Federal law — U.S. Code and appendices · legal_authorities

49 U.S.C. § 47116 — Small airport fund

Page 1631 TITLE 49—TRANSPORTATION § 47116 1 So in original. Amendment by Pub. L. 111–197 effective July 4, 2010, see section 5(j) of Pub. L. 111–197, set out as a note under section 40117 of this title. Amendment by Pub. L. 111–161 effective May 1, 2010, see section 5(j) of Pub. L. 111–161, set out as a note under section 40117 of this title. Amendment by Pub. L. 111–153 effective Apr. 1, 2010, see section 5(j) of Pub. L. 111–153, set out as a note under section 40117 of this title. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–116 effective Jan. 1, 2010, see section 5(j) of Pub. L. 111–116, set out as a note under section 40117 of this title. Amendment by Pub. L. 111–12 effective Apr. 1, 2009, see section 5(j) of Pub. L. 111–12, set out as a note under section 40117 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–330 effective Oct. 1, 2008, see section 5(l) of Pub. L. 110–330, set out as a note under section 40117 of this title. Amendment by Pub. L. 110–253 effective July 1, 2008, see section 3(d) of Pub. L. 110–253, set out as a note under section 9502 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108–176 applicable only to fis- cal years beginning after Sept. 30, 2003, except as other- wise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title. EFFECTIVE DATE OF 1996 AMENDMENTS Amendment by section 5(81)(B) of Pub. L. 104–287 ef- fective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287, set out as a note under section 47117 of this title. Except as otherwise specifically provided, amend- ment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as

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