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49 U.S.C. § 47134 — Airport investment partnership program
Federal law — U.S. Code and appendices · legal_authorities
**(a) Submission of Applications.—** If a sponsor intends to sell or lease a general aviation airport or lease any other type of airport for a long term to a person (other than a public agency), the sponsor and purchaser or lessee may apply to the Secretary of Transportation for exemptions under this section.
**(b) Approval of Applications.—** The Secretary may approve applications submitted under subsection (a) granting exemptions from the following provisions:
(1) **Use of revenues.—**
(A) *In general.—* — The Secretary may grant an exemption to a sponsor from the provisions of sections 47107(b) and 47133 of this title (and any other law, regulation, or grant assurance) to the extent necessary to permit the sponsor to recover from the sale or lease of the airport such amount as may be approved—
(i) in the case of a primary airport, by at least 65 percent of the scheduled air carriers serving the airport and by scheduled and nonscheduled air carriers whose aircraft landing at the airport during the preceding calendar year, had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year; or
(ii) in the case of a nonprimary airport, by the Secretary after the airport has consulted with at least 65 percent of the owners of aircraft based at that airport, as determined by the Secretary.
(B) *Objection to exemption.—* — An air carrier shall be deemed to have approved a sponsor’s application for an exemption under subparagraph (A) unless the air carrier has submitted an objection, in writing, to the sponsor within 60 days of the filing of the sponsor’s application with the Secretary, or within 60 days of the service of the application upon that air carrier
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Source file: Laws/federal/codes/united-states-code/title-49/section-47134-airport-investment-partnership-program--f847dc887d.md
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Source location: Title 49, Chapter 471, § 47134; chapter-471-airport-development.md
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**(a) Submission of Applications.—** If a sponsor intends to sell or lease a general aviation airport or lease any other type of airport for a long term to a person (other than a public agency), the sponsor and purchaser or lessee may apply to the Secretary of Transportation for exemptions under this section.
**(b) Approval of Applications.—** The Secretary may approve applications submitted under subsection (a) granting exemptions from the following provisions:
(1) **Use of revenues.—**
(A) *In general.—* — The Secretary may grant an exemption to a sponsor from the provisions of sections 47107(b) and 47133 of this title (and any other law, regulation, or grant assurance) to the extent necessary to permit the sponsor to recover from the sale or lease of the airport such amount as may be approved—
(i) in the case of a primary airport, by at least 65 percent of the scheduled air carriers serving the airport and by scheduled and nonscheduled air carriers whose aircraft landing at the airport during the preceding calendar year, had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year; or
(ii) in the case of a nonprimary airport, by the Secretary after the airport has consulted with at least 65 percent of the owners of aircraft based at that airport, as determined by the Secretary.
(B) *Objection to exemption.—* — An air carrier shall be deemed to have approved a sponsor’s application for an exemption under subparagraph (A) unless the air carrier has submitted an objection, in writing, to the sponsor within 60 days of the filing of the sponsor’s application with the Secretary, or within 60 days of the service of the application upon that air carrier, whichever is later.
(C) *Landed weight defined.—* — In this paragraph, the term “landed weight” means the weight of aircraft transporting passengers or cargo, or both, in intrastate, interstate, and foreign air transportation, as the Secretary determines under regulations the Secretary prescribes.
(2) **Repayment requirements.—** — If the Secretary grants an exemption to a sponsor pursuant to paragraph (1), the Secretary shall grant an exemption to the sponsor from the provisions of sections 47107 and 47152 of this title (and any other law, regulation, or grant assurance) to the extent necessary to waive any obligation of the sponsor to repay to the Federal Government any grants, or to return to the Federal Government any property, received by the airport under this title, the Airport and Airway Improvement Act of 1982, or any other law.
(3) **Compensation from airport operations.—** — If the Secretary grants an exemption to a sponsor pursuant to paragraph (1), the Secretary shall grant an exemption to the corresponding purchaser or lessee from the provisions of sections 47107(b) and 47133 of this title (and any other law, regulation, or grant assurance) to the extent necessary to permit the purchaser or lessee to earn compensation from the operations of the airport.
(4) **Benefit-cost analysis.—**
(A) *In general.—* — Prior to approving an application submitted under subsection (a), the Secretary may require a benefit-cost analysis.
(B) *Finding.—* — If a benefit-cost analysis is required, the Secretary shall issue a preliminary and conditional finding, which shall—
(i) be issued not later than 60 days after the date on which the sponsor submits all information required by the Secretary;
(ii) be based upon a collaborative review process that includes the sponsor or a representative of the sponsor;
(iii) not constitute the issuance of a Federal grant or obligation to issue a grant under this chapter or other provision of law; and
(iv) not constitute any other obligation on the part of the Federal Government until the conditions specified in the final benefit-cost analysis are met.
**(c) Terms and Conditions.—** The Secretary may approve an application under subsection (b) only if the Secretary finds that the sale or lease agreement includes provisions satisfactory to the Secretary to ensure the following:
(1) The airport will continue to be available for public use on reasonable terms and conditions and without unjust discrimination.
(2) The operation of the airport will not be interrupted in the event that the purchaser or lessee becomes insolvent or seeks or becomes subject to any State or Federal bankruptcy, reorganization, insolvency, liquidation, or dissolution proceeding or any petition or similar law seeking the dissolution or reorganization of the purchaser or lessee or the appointment of a receiver, trustee, custodian, or liquidator for the purchaser or lessee or a substantial part of the purchaser or lessee’s property, assets, or business.
(3) The purchaser or lessee will maintain, improve, and modernize the facilities of the airport through capital investments and will submit to the Secretary a plan for carrying out such maintenance, improvements, and modernization.
(4) Every fee of the airport imposed on an air carrier on the day before the date of the lease of the airport will not increase faster than the rate of inflation unless a higher amount is approved—
(A) by at least 65 percent of the air carriers serving the airport; and
(B) by air carriers whose aircraft landing at the airport during the preceding calendar year had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year.
(5) The percentage increase in fees imposed on general aviation aircraft at the airport will not exceed the percentage increase in fees imposed on air carriers at the airport.
(6) Safety and security at the airport will be maintained at the highest possible levels.
(7) The adverse effects of noise from operations at the airport will be mitigated to the same extent as at a public airport.
(8) Any adverse effects on the environment from airport operations will be mitigated to the same extent as at a public airport.
(9) Any collective bargaining agreement that covers employees of the airport and is in effect on the date of the sale or lease of the airport will not be abrogated by the sale or lease.
**(d) Program Participation.—**
(1) **Multiple airports.—** — The Secretary may consider applications under this section submitted by a public airport sponsor for multiple airports under the control of the sponsor if all airports under the control of the sponsor are located in the same State.
(2) **Partial privatization.—** — A purchaser or lessee may be an entity in which a sponsor has an interest.
**(e) Required Finding That Approval Will Not Result in Unfair Methods of Competition.—** The Secretary may approve an application under subsection (b) only if the Secretary finds that the approval will not result in unfair and deceptive practices or unfair methods of competition.
**(f) Interests of General Aviation Users.—** In approving an application of an airport under this section, the Secretary shall ensure that the interests of general aviation users of the airport are not adversely affected.
**(g) Passenger Facility Fees; Apportionments; Service Charges.—** Notwithstanding that the sponsor of an airport receiving an exemption under subsection (b) is not a public agency, the sponsor shall not be prohibited from—
(1) imposing a passenger facility charge under [section 40117 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40117&num=0&edition=prelim);
(2) receiving apportionments under [section 47114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47114&num=0&edition=prelim); or
(3) collecting reasonable rental charges, landing fees, and other service charges from aircraft operators under [section 40116(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40116/e/2&num=0&edition=prelim).
**(h) Effectiveness of Exemptions.—** An exemption granted under subsection (b) shall continue in effect only so long as the facilities sold or leased continue to be used for airport purposes.
**(i) Revocation of Exemptions.—** The Secretary may revoke an exemption issued to a purchaser or lessee of an airport under subsection (b)(3) if, after providing the purchaser or lessee with notice and an opportunity to be heard, the Secretary determines that the purchaser or lessee has knowingly violated any of the terms specified in subsection (c) for the sale or lease of the airport.
**(j) Nonapplication of Provisions to Airports Owned by Public Agencies.—** The provisions of this section requiring the approval of air carriers in determinations concerning the use of revenues, and imposition of fees, at an airport shall not be extended so as to apply to any airport owned by a public agency that is not participating in the program established by this section.
**(k) Audits.—** The Secretary may conduct periodic audits of the financial records and operations of an airport receiving an exemption under this section.
**(l) Predevelopment Limitation.—** A grant to an airport sponsor under this subchapter for predevelopment planning costs relating to the preparation of an application or proposed application under this section may not exceed $750,000 per application or proposed application.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States.
**(b)** A Department of Transportation is necessary in the public interest and to—
(1) ensure the coordinated and effective administration of the transportation programs of the United States Government;
(2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible;
(3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve transportation objectives;
(4) stimulate technological advances in transportation, through research and development or otherwise;
(5) provide general leadership in identifying and solving transportation problems; and
(6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 101
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section, the following definitions apply:
(1) **Airport, commercial service airport, and public agency.—** — The terms “airport”, “commercial service airport”, and “public agency” have the meaning those terms have under section 47102.
(2) **Eligible agency.—** — The term “eligible agency” means a public agency that controls a commercial service airport.
(3) **Eligible airport-related project.—** — The term “eligible airport-related project” means any of the following projects:
(A) A project for airport development or airport planning under subchapter I of chapter 471.
(B) A project for terminal development described in section 47119(a).
(C) A project for costs of terminal development referred to in subparagraph (B) incurred after August 1, 1986, at an airport that did not have more than .25 percent of the total annual passenger boardings in the United States in the most recent calendar year for which data is available and at which total passenger boardings declined by at least 16 percent between calendar year 1989 and calendar year 1997.
(D) A project for airport noise capability planning under section 47505.
(E) A project to carry out noise compatibility measures eligible for assistance under section 47504, whether or not a program for those measures has been approved under section 47504.
(F) A project for constructing gates and related areas at which passengers board or exit aircraft. In the case of a project required to enable additional air service by an air carrier with less than 50 percent of the annual passenger boardings at an airport, the project for constructing gates and related areas may include structural foundations and floor systems, exterior building walls and load-bearing interior columns or walls, wind
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40117
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 106
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Definition.—** In this section, “State” includes the District of Columbia, a territory or possession of the United States, and a political authority of at least 2 States.
**(b) Prohibitions.—** Except as provided in subsection (c) of this section and [section 40117 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section40117&num=0&edition=prelim), a State, a political subdivision of a State, and any person that has purchased or leased an airport under [section 47134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47134&num=0&edition=prelim) may not levy or collect a tax, fee, head charge, or other charge on—
(1) an individual traveling in air commerce;
(2) the transportation of an individual traveling in air commerce;
(3) the sale of air transportation; or
(4) the gross receipts from that air commerce or transportation.
**(c) Aircraft Taking Off or Landing in State.—** A State or political subdivision of a State may levy or collect a tax on or related to a flight of a commercial aircraft or an activity or service on the aircraft only if the aircraft takes off or lands in the State or political subdivision as part of the flight.
**(d) Unreasonable Burdens and Discrimination Against Interstate Commerce.—**
(1) In this subsection—
(A) “air carrier transportation property” means property (as defined by the Secretary of Transportation) that an air carrier providing air transportation owns or uses.
(B) “assessment” means valuation for a property tax levied by a taxing district.
(C) “assessment jurisdiction” means a geographical area in a State used in determining the assessed value of property for ad valorem taxation.
(D) “commercial and industrial property” means property
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 40116
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Request Secretary’s Determination.—**
(1) **In general.—** — The Secretary of Transportation shall issue a determination as to whether a fee imposed upon one or more air carriers or foreign air carriers (as those terms are defined in section 40102) by the owner or operator of an airport is reasonable if—
(A) a written request for such determination is filed with the Secretary by such owner or operator; or
(B) a written complaint requesting such determination is filed with the Secretary by an affected air carrier or foreign air carrier within 60 days after such carrier receives written notice of the establishment or increase of such fee.
(2) **Calculation of fee.—** — A fee subject to a determination of reasonableness under this section may be calculated pursuant to either a compensatory or residual fee methodology or any combination thereof.
(3) **Secretary not to set fee.—** — In determining whether a fee is reasonable under this section, the Secretary may only determine whether the fee is reasonable or unreasonable and shall not set the level of the fee.
(4) **Fees imposed by privately-owned airports.—** — In evaluating the reasonableness of a fee imposed by an airport receiving an exemption under [section 47134 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47134&num=0&edition=prelim), the Secretary shall consider whether the airport has complied with section 47134(c)(4).
**(b) Procedural Regulations.—** Not later than 90 days after August 23, 1994, the Secretary shall publish in the Federal Register final regulations, policy statements, or guidelines establishing—
(1) the procedures for acting upon any written request or complaint filed under subsection (a)(1); and
(2) the standards or guide
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47129
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Federal law — U.S. Code and appendices · legal_authorities
Page 1659
TITLE 49—TRANSPORTATION
§ 47134
lease, or other means at a general aviation airport to
be revenue greater than the amount needed to carry
out the 5-year projected maintenance needs of the air-
port in order to comply with the applicable design and
safety standards of the Administration.
‘‘(b) USE OF REVENUE.—An airport sponsor that is in
compliance with the conditions under subsection (c)
may allocate revenue identified by the Administrator
under subsection (a) for Federal, State, or local trans-
portation infrastructure projects carried out by the air-
port sponsor or by a governing body within the geo-
graphical limits of the airport sponsor’s jurisdiction.
‘‘(c) CONDITIONS.—An airport sponsor may not allo-
cate revenue identified by the Administrator under
subsection (a) unless the airport sponsor—
‘‘(1) enters into a written agreement with the Ad-
ministrator that sets forth a 5-year capital improve-
ment program for the airport, which—
‘‘(A) includes the projected costs for the oper-
ation, maintenance, and capacity needs of the air-
port in order to comply with applicable design and
safety standards of the Administration; and
‘‘(B) appropriately adjusts such costs to account
for inflation;
‘‘(2) agrees in writing—
‘‘(A) to waive all rights to receive entitlement
funds or discretionary funds to be used at the air-
port under section 47114 or 47115 of title 49, United
States Code, during the 5-year period of the capital
improvement plan described in paragraph (1);
‘‘(B) to perpetually comply with sections 47107(b)
and 47133 of such title, unless granted specific ex-
ceptions by the Administrator in accordance with
this section; and
‘‘(C) to operate the airport as a public-use airport,
unless the Administrator specifically grants a re-
Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 47134
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