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49 U.S.C. § 47504 — Noise compatibility programs

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

49 U.S.C. § 47504 — Noise compatibility programs

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Source file: Laws/federal/codes/united-states-code/title-49/section-47504-noise-compatibility-programs--b4431e5a84.md
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Source location: Title 49, Chapter 475, § 47504; chapter-475-noise.md

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**(a) Submissions.—** (1) An airport operator that submitted a noise exposure map and related information under [section 47503(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47503/a&num=0&edition=prelim) may submit a noise compatibility program to the Secretary of Transportation after— (A) consulting with public agencies and planning authorities in the area surrounding the airport, United States Government officials having local responsibility for the airport, and air carriers using the airport; and (B) notice and an opportunity for a public hearing. (2) A program submitted under paragraph (1) of this subsection shall state the measures the operator has taken or proposes to take to reduce existing noncompatible uses and prevent introducing additional noncompatible uses in the area covered by the map. The measures may include— (A) establishing a preferential runway system; (B) restricting the use of the airport by a type or class of aircraft because of the noise characteristics of the aircraft; (C) constructing barriers and acoustical shielding and soundproofing public buildings; (D) using flight procedures to control the operation of aircraft to reduce exposure of individuals to noise in the area surrounding the airport; and (E) acquiring land, air rights, easements, development rights, and other interests to ensure that the property will be used in ways compatible with airport operations. **(b) Approvals.—** (1) The Secretary shall approve or disapprove a program submitted under subsection (a) of this section (except as the program is related to flight procedures referred to in subsection (a)(2)(D) of this section) not later than 180 days after receiving it. The Secretary shall approve the program (except as the program is related to flight procedures referred to in subsection (a)(2)(D)) if the program— (A) does not place an unreasonable burden on interstate or foreign commerce; (B) is reasonably consistent with achieving the goal of reducing noncompatible uses and preventing the introduction of additional noncompatible uses; and (C) provides for necessary revisions because of a revised map submitted under [section 47503(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47503/b&num=0&edition=prelim). (2) A program (except as the program is related to flight procedures referred to in subsection (a)(2)(D) of this section) is deemed to be approved if the Secretary does not act within the 180-day period. (3) The Secretary shall submit any part of a program related to flight procedures referred to in subsection (a)(2)(D) of this section to the Administrator of the Federal Aviation Administration. The Administrator shall approve or disapprove that part of the program. (4) The Secretary shall not approve in fiscal years 2004 through 2007 a program submitted under subsection (a) if the program requires the expenditure of funds made available under section 48103 for mitigation of aircraft noise less than 65 DNL. **(c) Grants.—** (1) The Secretary may incur obligations to make grants from amounts available under [section 48103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section48103&num=0&edition=prelim) to carry out a project under a part of a noise compatibility program approved under subsection (b) of this section. A grant may be made to— (A) an airport operator submitting the program; and (B) a unit of local government in the area surrounding the airport, if the Secretary decides the unit is able to carry out the project. (2) **Soundproofing and acquisition of certain residential buildings and properties.—** — The Secretary may incur obligations to make grants from 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)— (A) for projects to soundproof residential buildings— (i) if the airport operator received approval for a grant for a project to soundproof residential buildings pursuant to section 301(d)(4)(B) of the Airport and Airway Safety and Capacity Expansion Act of 1987; (ii) if the airport operator submits updated noise exposure contours, as required by the Secretary; and (iii) if the Secretary determines that the proposed projects are compatible with the purposes of this chapter; (B) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to soundproof residential buildings located on residential properties, and to acquire residential properties, at which noise levels are not compatible with normal operations of an airport— (i) if the airport operator amended an existing local aircraft noise regulation during calendar year 1993 to increase the maximum permitted noise levels for scheduled air carrier aircraft as a direct result of implementation of revised aircraft noise departure procedures mandated for aircraft safety purposes by the Administrator of the Federal Aviation Administration for standardized application at airports served by scheduled air carriers; (ii) if the airport operator submits updated noise exposure contours, as required by the Secretary; and (iii) if the Secretary determines that the proposed projects are compatible with the purposes of this chapter; (C) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to carry out any part of a program developed before February 18, 1980, or before implementing regulations were prescribed, if the Secretary decides the program is substantially consistent with reducing existing noncompatible uses and preventing the introduction of additional noncompatible uses and the purposes of this chapter will be furthered by promptly carrying out the program; (D) to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to soundproof a building in the noise impact area surrounding the airport that is used primarily for educational or medical purposes and that the Secretary decides is adversely affected by airport noise; (E) to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) of this subsection to carry out a project to mitigate noise in the area surrounding the airport if the project is included as a commitment in a record of decision of the Federal Aviation Administration for an airport capacity enhancement project (as defined in section 47175) even if that airport has not met the requirements of part 150 of title 14, Code of Federal Regulations; and (F) to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) to carry out a project to mitigate noise, if the project— (i) consists of— (I) replacement windows, doors, and the installation of through-the-wall air conditioning units; or (II) a contribution of the equivalent costs to be used for reconstruction if reconstruction is the preferred local solution; (ii) is located at a school near the airport; and (iii) is included in a memorandum of agreement entered into before September 30, 2002, even if the airport has not met the requirements of part 150 of title 14, Code of Federal Regulations, and only if the financial limitations of the memorandum are applied. (3) An airport operator may agree to make a grant made under paragraph (1)(A) of this subsection available to a public agency in the area surrounding the airport if the Secretary decides the agency is able to carry out the project. (4) The Government’s share of a project for which a grant is made under this subsection is the greater of— (A) 80 percent of the cost of the project; or (B) the Government’s share that would apply if the amounts available for the project were made available under subchapter I of chapter 471 of this title for a project at the airport. (5) The provisions of subchapter I of chapter 471 of this title related to grants apply to a grant made under this chapter, except— (A) section 47109(a) and (b) of this title; and (B) any provision that the Secretary decides is inconsistent with, or unnecessary to carry out, this chapter. (6) **Aircraft noise primarily caused by military aircraft.—** — The Secretary may make a grant under this subsection for a project even if the purpose of the project is to mitigate the effect of noise primarily caused by military aircraft at an airport. **(d) Government Relief From Liability.—** The Government is not liable for damages from aviation noise because of action taken under this section. **(e) Grants for Assessment of Flight Procedures.—** (1) **In general.—** — In accordance with subsection (c)(1), the Secretary may make a grant to an airport operator to assist in completing environmental review and assessment activities for proposals to implement flight procedures at such airport that have been approved as part of an airport noise compatibility program under subsection (b). (2) **Additional staff.—** — The Administrator may accept funds from an airport operator, including funds provided to the operator under paragraph (1), to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with proposals to implement flight procedures at such airport that have been approved as part of an airport noise compatibility program under subsection (b). (3) **Receipts credited as offsetting collections.—** — Notwithstanding [section 3302 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3302&num=0&edition=prelim), any funds accepted under this section— (A) shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted; (B) shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and (C) shall remain available until expended. **(f) Determination of Fair Market Value of Residential Properties.—** In approving a project to acquire residential real property using financial assistance made available under this section or chapter 471, the Secretary shall ensure that the appraisal of the property to be acquired disregards any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner.

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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

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

31 U.S.C. § 3302 — Custodians of money

**(a)** Except as provided by another law, an official or agent of the United States Government having custody or possession of public money shall keep the money safe without— (1) lending the money; (2) using the money; (3) depositing the money in a bank; and (4) exchanging the money for other amounts. **(b)** Except as provided in section 3718(b) 11 See References in Text note below. of this title, an official or agent of the Government receiving money for the Government from any source shall deposit the money in the Treasury as soon as practicable without deduction for any charge or claim. **(c)** (1) A person having custody or possession of public money, including a disbursing official having public money not for current expenditure, shall deposit the money without delay in the Treasury or with a depositary designated by the Secretary of the Treasury under law. Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money. The Secretary or a depositary receiving a deposit shall issue duplicate receipts for the money deposited. The original receipt is for the Secretary and the duplicate is for the custodian. (2) The Secretary of the Treasury may by regulation prescribe that a person having custody or possession of money required by this subsection to be deposited shall deposit such money during a period of time that is greater or lesser than the period of time specified by the second sentence of paragraph (1). **(d)** An official or agent not complying with subsection (b) of this section may be removed from office. The official or agent may be required to forfeit to the Government any part of the money held by the official or agent and to w

Source: Supplied U.S. Code snapshot — release unconfirmed · 31 U.S.C. § 3302

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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. § 40117 — Passenger facility charges

**(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

49 U.S.C. § 47505 — Airport noise compatibility planning grants

**(a) General Authority.—** The Secretary of Transportation may make a grant to a sponsor of an airport to develop, for planning purposes, information necessary to prepare and submit— (1) a noise exposure map and related information under [section 47503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47503&num=0&edition=prelim), including the cost of obtaining the information; or (2) a noise compatibility program under [section 47504 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47504&num=0&edition=prelim). **(b) Availability of Amounts and Government’s Share of Costs.—** A grant under subsection (a) of this section may be made from amounts available under [section 48103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section48103&num=0&edition=prelim). The United States Government’s share of the grant is the percent for which a project for airport development at an airport would be eligible under section 47109(a) and (b) of this title.

Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47505

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

49 U.S.C. § 47504 — Noise compatibility programs

Page 1692 TITLE 49—TRANSPORTATION § 47504 In subsection (b), the words ‘‘to the Secretary’’ are added for clarity. The words ‘‘after the submission to the Secretary of a noise exposure map under paragraph (1)’’ are omitted as surplus. Editorial Notes AMENDMENTS 2018—Subsec. (b). Pub. L. 115–254 amended subsec. (b) generally. Prior to amendment, text read as follows: ‘‘If, in an area surrounding an airport, a change in the operation of the airport would establish a substantial new noncompatible use, or would significantly reduce noise over existing noncompatible uses, that is not re- flected in either the existing conditions map or fore- cast map currently on file with the Federal Aviation Administration, the airport operator shall submit a re- vised noise exposure map to the Secretary showing the new noncompatible use or noise reduction.’’ 2003—Subsec. (a). Pub. L. 108–176, § 324(1), substituted ‘‘a forecast period that is at least 5 years in the future’’ for ‘‘1985,’’ in introductory provisions. Subsec. (b). Pub. L. 108–176, § 324(2), added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘If a change in the operation of an airport will establish a substantial new noncompat- ible use in an area surrounding the airport, the airport operator shall submit a revised noise exposure map to the Secretary showing the new noncompatible use.’’ Statutory Notes and Related Subsidiaries 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. NOISE DISCLOSURE Pub. L. 108–176, title III, § 322, Dec. 12, 2003, 117 Stat.

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 47504

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