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49 U.S.C. § 48103 — Airport planning and development and noise compatibility planning and programs
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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Stable record: federal_law:legal_authorities:record_usc_e3517425d6f5e3d68cff327c
Source file: Laws/federal/codes/united-states-code/title-49/section-48103-airport-planning-and-development-and-noise-compatibility-planning-and-pr--aea2955f1d.md
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Source location: Title 49, Chapter 481, § 48103; chapter-481-airport-and-airway-trust-fund-authorizations.md
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**(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.
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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) 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) General Authority.—** To maintain a safe and efficient nationwide system of public-use airports that meets the present and future needs of civil aeronautics, the Secretary of Transportation may make project grants under this subchapter from the Airport and Airway Trust Fund.
**(b) Incurring Obligations.—** 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) as soon as the amounts are apportioned under section 47114(c) and (d)(2) of this title.
**(c) Expiration of Authority.—** After September 30, 2028, the Secretary may not incur obligations under subsection (b) of this section, except for obligations of amounts—
(1) remaining available after that date under [section 47117(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47117/b&num=0&edition=prelim); or
(2) recovered by the United States Government from grants made under this chapter if the amounts are obligated only for increases under section 47108(b)(2) and (3) of this title in the maximum amount of obligations of the Government for any other grant made under this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47104
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Developmental Work and Service Testing.—** The Administrator of the Federal Aviation Administration may conduct or supervise developmental work and service testing to improve aircraft, aircraft engines, propellers, and appliances.
**(b) Research.—** The Administrator shall conduct or supervise research—
(1) to develop technologies and analyze information to predict the effects of aircraft design, maintenance, testing, wear, and fatigue on the life of aircraft, including nonstructural aircraft systems, and air safety;
(2) to develop methods of analyzing and improving aircraft maintenance technology and practices, including nondestructive evaluation of aircraft structures;
(3) to assess the fire and smoke resistance of aircraft material;
(4) to develop improved fire and smoke resistant material for aircraft interiors;
(5) to develop and improve fire and smoke containment systems for inflight aircraft fires;
(6) to develop advanced aircraft fuels with low flammability and technologies that will contain aircraft fuels to minimize post-crash fire hazards;
(7) to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, processes, and articles manufactured for use in aircraft, aircraft engines, propellers, and appliances that could result in a catastrophic failure of an aircraft; and
(8) in conjunction with other Federal agencies, as appropriate, to develop technologies and methods to assess the risk of and prevent defects, failures, and malfunctions of products, parts, and processes for use in all classes of unmanned aircraft systems that could result in a catastrophic failure of the unmanned aircraft that would endanger other aircraft in the national airspace system.
**(c) Authority To Buy Item
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 44504
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Federal law — U.S. Code and appendices · legal_authorities
In this subchapter—
(1) “air carrier” has the meaning given such term in section 40102.
(2) “airport”—
(A) means—
(i) an area of land or water used or intended to be used for the landing and taking off of aircraft;
(ii) an appurtenant area used or intended to be used for airport buildings or other airport facilities or rights of way; and
(iii) airport buildings and facilities located in any of those areas; and
(B) includes a heliport.
(3) “airport development” means the following activities, if undertaken by the sponsor, owner, or operator of a public-use airport:
(A) constructing, repairing, or improving a public-use airport, including—
(i) removing, lowering, relocating, marking, and lighting an airport hazard;
(ii) preparing a plan or specification, including carrying out a field investigation; and
(iii) a secondary runway at a nonhub airport that is equivalent in size and type to the primary runway of such airport.
(B) acquiring for, or installing at, a public-use airport—
(i) a navigation aid or another aid (including a precision approach system) used by aircraft for landing at or taking off from the airport, including preparing the site as required by the acquisition or installation;
(ii) safety or security equipment, including explosive detection devices, universal access systems, and emergency call boxes, the Secretary requires by regulation for, or approves as contributing significantly to, the safety or security of individuals and property at the airport and integrated in-pavement lighting systems for runways and taxiways and other runway and taxiway incursion prevention devices;
(iii) equipment to remove snow, to measure runway surface friction, or for aviation-related weather reporting, including cl
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47102
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions.—** In this section—
(1) “small business concern”—
(A) has the meaning given the term in section 3 of the Small Business Act ([15 U.S.C. 632](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section632&num=0&edition=prelim)); but
(B) in the case of a concern in the construction industry, a concern shall be considered a small business concern if the concern meets the size standard for the North American Industry Classification System Code 237310, as adjusted by the Small Business Administration;
(2) “socially and economically disadvantaged individual” has the same meaning given that term in section 8(d) of the Act ([15 U.S.C. 637(d)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637/d&num=0&edition=prelim)) and relevant subcontracting regulations prescribed under section 8(d), except that women are presumed to be socially and economically disadvantaged; and
(3) the term “qualified HUBZone small business concern” has the meaning given that term in section 31(b) of the Small Business Act.
**(b) General Requirement.—** Except to the extent the Secretary decides otherwise, at least 10 percent of amounts available in a fiscal year under [section 48103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section48103&num=0&edition=prelim) shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals or qualified HUBZone small business concerns.
**(c) Uniform Criteria.—** The Secretary shall establish minimum uniform criteria for State governments and airport sponsors to use in certifying whether a small business concern qualifies under this section. The criteria shall include on-site visits, personal intervie
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47113
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 49 U.S.C. § 47115
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