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49 U.S.C. § 47105 — Project grant applications

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

49 U.S.C. § 47105 — Project grant applications

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Source file: Laws/federal/codes/united-states-code/title-49/section-47105-project-grant-applications--ab594d6a14.md
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Source location: Title 49, Chapter 471, § 47105; chapter-471-airport-development.md

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**(a) Submission and Consultation.—** (1) An application for a project grant under this subchapter may be submitted to the Secretary of Transportation by— (A) a sponsor; or (B) a State, as the only sponsor, for an airport development project benefitting 1 or more airports in the State or for airport planning for projects for 1 or more airports in the State if— (i) the sponsor of each airport gives written consent that the State be the applicant; (ii) the Secretary is satisfied there is administrative merit and aeronautical benefit in the State being the sponsor; and (iii) an acceptable agreement exists that ensures that the State will comply with appropriate grant conditions and other assurances the Secretary requires. (2) Before deciding to undertake an airport development project at an airport under this subchapter, a sponsor shall consult with the airport users that will be affected by the project. (3) This subsection does not authorize a public agency that is subject to the laws of a State to apply for a project grant in violation of a law of the State. **(b) Contents and Form.—** An application for a project grant under this subchapter— (1) shall describe the project proposed to be undertaken; (2) may propose a project only for a public-use airport included in the current national plan of integrated airport systems; (3) may propose airport development only if the development complies with standards the Secretary prescribes or approves, including standards for site location, airport layout, site preparation, paving, lighting, and safety of approaches; and (4) shall be in the form and contain other information the Secretary prescribes. **(c) State Standards for Airport Development.—** (1) **In general.—** — The Secretary may approve standards (except standards for safety of approaches) that a State prescribes for airport development at nonprimary public-use airports in the State. On approval under this subsection, a State’s standards apply to the nonprimary public-use airports in the State instead of the comparable standards prescribed by the Secretary under subsection (b)(3) of this section. The Secretary, or the State with the approval of the Secretary, may revise standards approved under this subsection. (2) **Pavement standards.—** (A) *Technical assistance.—* — At the request of a State, the Secretary shall, not later than 30 days after the date of the request, provide technical assistance to the State in developing standards, acceptable to the Secretary under subparagraph (B), for pavement on nonprimary public-use airports in the State. (B) *Requirements.—* — The Secretary shall— (i) continue to provide technical assistance under subparagraph (A) until the standards are approved under paragraph (1); and (ii) clearly indicate to the State the standards that are acceptable to the Secretary, considering, at a minimum, local conditions and locally available materials. **(d) Certification of Compliance.—** The Secretary may require a sponsor to certify that the sponsor will comply with this subchapter in carrying out the project. The Secretary may rescind the acceptance of a certification at any time. This subsection does not affect an obligation or responsibility of the Secretary under another law of the United States. **(e) Preventive Maintenance.—** After January 1, 1995, the Secretary may approve an application under this subchapter for the replacement or reconstruction of pavement at an airport only if the sponsor has provided such assurances or certifications as the Secretary may determine appropriate that such airport has implemented an effective airport pavement maintenance-management program. The Secretary may require such reports on pavement condition and pavement management programs as the Secretary determines may be useful. **(f) Notification.—** The sponsor of an airport for which an amount is apportioned under [section 47114(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47114/c&num=0&edition=prelim) shall notify the Secretary of the fiscal year in which the sponsor intends to submit a project grant application for the apportioned amount. The notification shall be given by the time and contain the information the Secretary prescribes.

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42 U.S.C. § 4321 — Repealed. Pub. L. 117–58, div. G, title VIII, § 70801(h), Nov. 15, 2021, 135 Stat. 1294

### Statutory Notes Section, Pub. L. 114–94, div. D, title XLI, § 41013, Dec. 4, 2015, 129 Stat. 1761, provided that this subchapter shall terminate 7 years after Dec. 4, 2015.

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42 U.S.C. § 2000b — Civil actions by the Attorney General

**(a) Complaint; certification; institution of civil action; relief requested; jurisdiction; impleading additional parties as defendants** Whenever the Attorney General receives a complaint in writing signed by an individual to the effect that he is being deprived of or threatened with the loss of his right to the equal protection of the laws, on account of his race, color, religion, or national origin, by being denied equal utilization of any public facility which is owned, operated, or managed by or on behalf of any State or subdivision thereof, other than a public school or public college as defined in [section 2000c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2000c&num=0&edition=prelim), and the Attorney General believes the complaint is meritorious and certifies that the signer or signers of such complaint are unable, in his judgment, to initiate and maintain appropriate legal proceedings for relief and that the institution of an action will materially further the orderly progress of desegregation in public facilities, the Attorney General is authorized to institute for or in the name of the United States a civil action in any appropriate district court of the United States against such parties and for such relief as may be appropriate, and such court shall have and shall exercise jurisdiction of proceedings instituted pursuant to this section. The Attorney General may implead as defendants such additional parties as are or become necessary to the grant of effective relief hereunder. **(b) Persons unable to initiate and maintain legal proceedings** The Attorney General may deem a person or persons unable to initiate and maintain appropriate legal proceedings within the meaning of subsection (a) of this section when su

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49 U.S.C. § 303 — Policy on lands, wildlife and waterfowl refuges, and historic sites

**(a)** It is the policy of the United States Government that special effort should be made to preserve the natural beauty of the countryside and public park and recreation lands, wildlife and waterfowl refuges, and historic sites. **(b)** The Secretary of Transportation shall cooperate and consult with the Secretaries of the Interior, Housing and Urban Development, and Agriculture, and with the States, in developing transportation plans and programs that include measures to maintain or enhance the natural beauty of lands crossed by transportation activities or facilities. **(c) Approval of Programs and Projects.—** Subject to subsections (d) and (h), the Secretary may approve a transportation program or project (other than any project for a park road or parkway under section 204 11 See References in Text note below. of title 23) requiring the use of publicly owned land of a public park, recreation area, or wildlife and waterfowl refuge of national, State, or local significance, or land of an historic site of national, State, or local significance (as determined by the Federal, State, or local officials having jurisdiction over the park, area, refuge, or site) only if— (1) there is no prudent and feasible alternative to using that land; and (2) the program or project includes all possible planning to minimize harm to the park, recreation area, wildlife and waterfowl refuge, or historic site resulting from the use. **(d) De Minimis Impacts.—** (1) **Requirements.—** (A) *Requirements for historic sites.—* — The requirements of this section shall be considered to be satisfied with respect to an area described in paragraph (2) if the Secretary determines, in accordance with this subsection, that a transportation program or project will have a de minimis impact on

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42 U.S.C. § 2000d — Prohibition against exclusion from participation in, denial of benefits of, and discrimination under federally assisted programs on ground of race, color, or national origin

No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.

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42 U.S.C. § 4601 — Definitions

As used in this chapter— (1) The term “Federal agency” means any department, agency, or instrumentality in the executive branch of the Government, any wholly owned Government corporation, the Architect of the Capitol, the Federal Reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under Federal law. (2) The term “State” means any of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, any territory or possession of the United States, the Trust Territory of the Pacific Islands, and any political subdivision thereof. (3) The term “State agency” means any department, agency, or instrumentality of a State or of a political subdivision of a State, any department, agency, or instrumentality of 2 or more States or of 2 or more political subdivisions of a State or States, and any person who has the authority to acquire property by eminent domain under State law. (4) The term “Federal financial assistance” means a grant, loan, or contribution provided by the United States, except any Federal guarantee or insurance, any interest reduction payment to an individual in connection with the purchase and occupancy of a residence by that individual, and any annual payment or capital loan to the District of Columbia. (5) The term “person” means any individual, partnership, corporation, or association. (6) (A) The term “displaced person” means, except as provided in subparagraph (B)— (i) any person who moves from real property, or moves his personal property from real property— (I) as a direct result of a written notice of intent to acquire or the acquisition of such real property in whole or in part for a program or project undertaken by a Federal agency or with

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42 U.S.C. § 3601 — Declaration of policy

It is the policy of the United States to provide, within constitutional limitations, for fair housing throughout the United States.

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

49 U.S.C. § 47105 — Project grant applications

Page 1586 TITLE 49—TRANSPORTATION § 47105 ‘‘(d) ELIGIBILITY.—Notwithstanding any other provi- sion of chapter 471 of title 49, United States Code, an environmental mitigation project approved under this section shall be treated as eligible for assistance under that chapter. ‘‘(e) SELECTION CRITERIA.—In selecting from among applicants for participation in the program, the Sec- retary may give priority consideration to projects that— ‘‘(1) will achieve the greatest reductions in aircraft noise, airport emissions, or airport water quality im- pacts either on an absolute basis or on a per dollar of funds expended basis; and ‘‘(2) will be implemented by an eligible consortium. ‘‘(f) FEDERAL SHARE.—The Federal share of the cost of a project carried out under the program shall be 50 percent. ‘‘(g) MAXIMUM AMOUNT.—Not more than $2,500,000 may be made available by the Secretary in grants under the program for any single project. ‘‘(h) IDENTIFYING BEST PRACTICES.—The Secretary may establish and publish information identifying best practices for reducing or mitigating aviation impacts on noise, air quality, and water quality at airports or in the vicinity of airports based on the projects carried out under the program. ‘‘(i) SUNSET.—The program shall terminate on Octo- ber 1, 2028. ‘‘(j) DEFINITIONS.—In this section, the following defi- nitions apply: ‘‘(1) ELIGIBLE CONSORTIUM.—The term ‘eligible con- sortium’ means a consortium that is composed of 2 or more of the following entities: ‘‘(A) Businesses incorporated in the United States. ‘‘(B) Public or private educational or research or- ganizations located in the United States. ‘‘(C) Entities of State or local governments in the United States. ‘‘(D) Federal laboratories. ‘‘(2) ENVIRONMENTAL MITIGAT

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