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49 U.S.C. § 47115 — Discretionary fund
Federal law — U.S. Code and appendices · legal_authorities
**(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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Source file: Laws/federal/codes/united-states-code/title-49/section-47115-discretionary-fund--bff5e1d0a9.md
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Source location: Title 49, Chapter 471, § 47115; chapter-471-airport-development.md
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**(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 number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system;
(C) the financial commitment from non-United States Government sources to preserve or improve airport capacity;
(D) the airport improvement priorities of the States to the extent such priorities are not in conflict with subparagraphs (A) and (B);
(E) the projected growth in the number of passengers or aircraft that will be using the airport at which the project will be carried out; and
(F) the ability of the project to foster United States competitiveness in securing global air cargo activity at a United States airport.
(2) **For all projects.—** — In selecting a project for a grant under this section, the Secretary shall consider among other factors whether—
(A) funding has been provided for all other projects qualifying for funding during the fiscal year under this chapter that have attained a higher score under the numerical priority system employed by the Secretary in administering the fund; and
(B) the sponsor will be able to commence the work identified in the project application in the fiscal year in which the grant is made or within 6 months after the grant is made, whichever is later.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47116&num=0&edition=prelim), 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 August 23, 1994, 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.
**(g) Minimum Amount To Be Credited.—**
(1) **General rule.—** — In a fiscal year, there shall be credited to the fund, out of amounts made available under [section 48103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section48103&num=0&edition=prelim), an amount that is at least equal to the sum of—
(A) $148,000,000; plus
(B) the total amount required from the fund to carry out in the fiscal year letters of intent issued before January 1, 1996, under [section 47110(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47110/e&num=0&edition=prelim) or the Airport and Airway Improvement Act of 1982.
The amount credited is exclusive of amounts that have been apportioned in a prior fiscal year under [section 47114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47114&num=0&edition=prelim) and that remain available for obligation.
(2) **Reduction of apportionments.—** — In a fiscal year in which the amount credited under subsection (a) is less than the minimum amount to be credited under paragraph (1), the total amount calculated under paragraph (3) shall be reduced by an amount that, when credited to the fund, together with the amount credited under subsection (a), equals such minimum amount.
(3) **Amount of reduction.—** — For a fiscal year, the total amount available to make a reduction to carry out paragraph (2) is the total of the amounts determined under sections 47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) of this title. Each amount shall be reduced by an equal percentage to achieve the reduction.
**(h) Priority for Letters of Intent.—** In making grants in a fiscal year with funds made available under this section, the Secretary shall fulfill intentions to obligate under section 47110(e) prior to fulfilling intentions to obligate under section 47110(i).
**(i) Marshall Islands, Micronesia, and Palau.—** For fiscal years 2024 through 2028, the sponsors of airports located in the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau shall be eligible for grants under this section and section 47116.
**(j) Airport Safety and Resilient Infrastructure Discretionary Program.—**
(1) **In general.—** — The Secretary shall establish a program to provide grants, subject to the conditions of this subsection, for any purpose for which amounts are made available under section 48103 that the Secretary considers most appropriate to carry out this subchapter.
(2) **Treatment of grants.—**
(A) *In general.—* — A grant made under this subsection shall be treated as having been made pursuant to the Secretary’s authority under section 47104(a) and from the Secretary’s discretionary fund under subsection (a) of this section.
(B) *Exception.—* — Except as otherwise provided in this subsection, grants made under this subsection shall not be subject to subsection (c), section 47117(e), or any other apportionment formula, special apportionment category, or minimum percentage set forth in this chapter.
(3) **Eligibility and prioritization.—**
(A) *Eligibility.—* — The Secretary may provide grants under this subsection for an airport or terminal development project at any airport that is eligible to receive a grant from the discretionary fund under subsection (a) of this section.
(B) *Minimum allocation.—* — Not less than 50 percent of the amounts available under this subsection shall be used to provide grants at nonprimary, nonhub, and small hub airports.
(C) *Prioritization.—* — In making grants for projects eligible under subparagraph (D)(iii), the Secretary shall prioritize grants to large and medium hub airports.
(D) *Eligibilities.—* — In making grants under this subsection, the Secretary shall provide grants to airports for projects that—
(i) meet the definition of “airport development” under section 47102(3)(T);
(ii) would otherwise increase the resilience of airport infrastructure against changing flooding or inundation patterns; or
(iii) reduce runway incursions or increase runway or taxiway safety.
(4) **Authorization.—**
(A) *In general.—* — There is authorized to be appropriated to the Secretary to carry out this subsection the following amounts:
(i) $532,392,074 for fiscal year 2024.
(ii) $200,000,000 for fiscal year 2025.
(iii) $200,000,000 for fiscal year 2026.
(iv) $200,000,000 for fiscal year 2027.
(v) $200,000,000 for fiscal year 2028.
(B) *Availability.—* — Sums authorized to be appropriated under subparagraph (A) shall remain available for 3 fiscal years.
**(k) Partnership Program Airports.—**
(1) **Authority.—** — The Secretary may make grants with funds made available under this section for an airport participating in the program under section 47134 if—
(A) the Secretary has approved the application of an airport sponsor under section 47134(b) in fiscal year 2019; and
(B) the grant will—
(i) satisfy an obligation incurred by an airport sponsor under section 47110(e) or funded by a nonpublic sponsor for an airport development project on the airport; or
(ii) provide partial Federal reimbursement for airport development (as defined in section 47102) on the airport layout plan initiated in the fiscal year in which the application was approved, or later, for over a period of not more than 10 years.
(2) **Nonapplicability of certain sections.—** — Grants made under this subsection shall not be subject to—
(A) subsection (c) of this section;
(B) section 47117(e); or
(C) any other apportionment formula, special apportionment category, or minimum percentage set forth in this chapter.
**(l) Special Carryover Assumption Rule.—** Notwithstanding any other provision of law, in addition to amounts made available under paragraphs (1) and (2) of subsection (a), the Secretary may add to the discretionary fund an amount equal to one-third of the apportionment funds made available under section 47114 that were not required during the previous fiscal year pursuant to section 47117(b)(1) out of the anticipated amount of apportionment funds made available under section 47114 that will not be required during the current fiscal year pursuant to section 47117(b)(1).
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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) 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 c
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47116
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 41731
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section48103&num=0&edition=prelim).
**(b) Period of Availability.—**
(1) **In general.—** — An amount apportioned under [section 47114 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47114&num=0&edition=prelim) 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 or the 3 fiscal years immediately following that year in the case of a nonhub airport or any airport that is not a commercial service airport. Except as provided in paragraph (2), if the amount is not obligated under the apportionment within that time, it shall be added to the discretionary fund.
(2) **Expired amounts apportioned for general aviation airports.—**
(A) *In general.—* — Except as provided in subparagraph (B), if an amount apportioned under section 47114(d) is not obligated within the time specified in paragraph (1), that amount shall be added to the discretionary fund under [section 47115 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47115&num=0&edition=prelim), provided that—
(i) amounts made available under paragraph (2)(A) shall be used for grants for projects in accordance with section 47115(d)(2) at airports eligible to receive an apportionment under section 47114(d)(2); and
(ii) amounts made available under paragraph (2)(A) that are not obligated by
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47117
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Federal law — U.S. Code and appendices · legal_authorities
**(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
**(a) Creation of Trust Fund**
(1) **In general** — There is established in the Treasury of the United States a trust fund to be known as the “Black Lung Disability Trust Fund”, consisting of such amounts as may be appropriated or credited to the Black Lung Disability Trust Fund.
(2) **Trustees** — The trustees of the Black Lung Disability Trust Fund shall be the Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health and Human Services.
**(b) Transfer of certain taxes; other receipts**
(1) **Transfer to Black Lung Disability Trust Fund of amounts equivalent to certain taxes** — There are hereby appropriated to the Black Lung Disability Trust Fund amounts equivalent to the taxes received in the Treasury under section 4121 or subchapter B of chapter 42.
(2) **Certain repaid amounts, etc.** — The following amounts shall be credited to the Black Lung Disability Trust Fund:
(A) Amounts repaid or recovered under subsection (b) of section 424 of the Black Lung Benefits Act (including interest thereon).
(B) Amounts paid as fines or penalties, or interest thereon, under section 423, 431, or 432 of the Black Lung Benefits Act.
(C) Amounts paid into the Black Lung Disability Trust Fund by a trust described in section 501(c)(21).
**(c) Repayable advances**
(1) **Authorization** — There are authorized to be appropriated to the Black Lung Disability Trust Fund, as repayable advances, such sums as may from time to time be necessary to make the expenditures described in subsection (d).
(2) **Repayment with interest** — Repayable advances made to the Black Lung Disability Trust Fund shall be repaid, and interest on such advances shall be paid, to the general fund of the Treasury when the Secretary of the Treasury determines that moneys are availa
Source: Supplied U.S. Code snapshot — release unconfirmed · 26 U.S.C. § 9502
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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) General Written Assurances.—** The Secretary of Transportation may approve a project grant application under this subchapter for an airport development project only if the Secretary receives written assurances, satisfactory to the Secretary, that—
(1) the airport will be available for public use on reasonable conditions and without unjust discrimination;
(2) air carriers making similar use of the airport will be subject to substantially comparable charges—
(A) for facilities directly and substantially related to providing air transportation; and
(B) regulations and conditions, except for differences based on reasonable classifications, such as between—
(i) tenants and nontenants; and
(ii) signatory and nonsignatory carriers;
(3) the airport operator will not withhold unreasonably the classification or status of tenant or signatory from an air carrier that assumes obligations substantially similar to those already imposed on air carriers of that classification or status;
(4) a person providing, or intending to provide, aeronautical services to the public will not be given an exclusive right to use the airport, with a right given to only one fixed-base operator to provide services at an airport deemed not to be an exclusive right if—
(A) the right would be unreasonably costly, burdensome, or impractical for more than one fixed-base operator to provide the services; and
(B) allowing more than one fixed-base operator to provide the services would require reducing the space leased under an existing agreement between the one fixed-base operator and the airport owner or operator;
(5) fixed-base operators similarly using the airport will be subject to the same charges;
(6) an air carrier using the airport may service itself or use any fixed-bas
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47107
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General Authority.—** Except as provided in [section 47111 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47111&num=0&edition=prelim), the United States Government may pay or be obligated to pay, from amounts appropriated to carry out this subchapter, a cost incurred in carrying out a project under this subchapter only if the Secretary of Transportation decides the cost is allowable.
**(b) Allowable Cost Standards.—** A project cost is allowable—
(1)
(A) if the cost necessarily is incurred in carrying out the project in compliance with the grant agreement made for the project under this subchapter, including any cost a sponsor incurs related to an audit the Secretary requires under section 47121(b) or (d) of this title and any cost of moving a Federal facility impeding the project if the rebuilt facility is of an equivalent size and type; or
(B) if the cost is an incentive payment incurred in carrying out the project described in subparagraph (A) that is to be provided to a contractor upon early completion of a project, if—
(i) such payment does not exceed the lesser of 5 percent of the initial construction contract amount or $1,000,000;
(ii) the level of contractor’s control of, or access to, the worksite necessary to shorten the duration of the project does not negatively impact the operation of the airport;
(iii) the contract specifies application of the incentive structure in the event of unforeseeable, non-weather delays beyond the control of the contractor;
(iv) nothing in any agreement with the contractor prevents the airport operator from retaining responsibility for the safety, efficiency, and capacity of the airport during the execution of the grant agreement; and
(v) the Secret
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47110
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.