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49 U.S.C. § 47118 — Designating current and former military airports

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

49 U.S.C. § 47118 — Designating current and former military airports

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Source file: Laws/federal/codes/united-states-code/title-49/section-47118-designating-current-and-former-military-airports--6b613f0edc.md
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Source location: Title 49, Chapter 471, § 47118; chapter-471-airport-development.md

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**(a) General Requirements.—** The Secretary of Transportation shall designate current or former military airports for which grants may be made under [section 47117(e)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47117/e/1/B&num=0&edition=prelim). The maximum number of airports bearing such designation at any time is 15. The Secretary may only so designate an airport (other than an airport so designated before August 24, 1994) if— (1) the airport is a former military installation closed or realigned under— (A) [section 2687 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2687&num=0&edition=prelim); (B) section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act ([10 U.S.C. 2687](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2687&num=0&edition=prelim) note); or (C) section 2905 of the Defense Base Closure and Realignment Act of 1990 ([10 U.S.C. 2687](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2687&num=0&edition=prelim) note); (2) the airport is a military installation with both military and civil aircraft operations; or (3) the airport is— (A) a former military installation that, at any time after December 31, 1965, was owned and operated by the Department of Defense; and (B) a nonhub primary airport. **(b) Survey.—** Not later than September 30, 1991, the Secretary shall complete a survey of current and former military airports to identify which airports have the greatest potential to improve the capacity of the national air transportation system. The survey shall identify the capital development needs of those airports to make them part of the system and which of those qualify for grants under [section 47104 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47104&num=0&edition=prelim). **(c) Considerations.—** In carrying out this section, the Secretary shall consider only current or former military airports for designation under this section if a grant under section 47117(e)(1)(B) would— (1) reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings; (2) enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays; or (3) preserve or enhance minimum airfield infrastructure facilities at former military airports to support emergency diversionary operations for transoceanic flights in locations— (A) within United States jurisdiction or control; and (B) where there is a demonstrable lack of diversionary airports within the distance or flight-time required by regulations governing transoceanic flights. **(d) Grants.—** Grants under [section 47117(e)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section47117/e/1/B&num=0&edition=prelim) may be made for an airport designated under subsection (a) of this section for the 5 fiscal years following the designation, and for subsequent periods, each not to exceed 5 fiscal years, if the Secretary determines that the airport satisfies the designation criteria under subsection (a) at the beginning of each such subsequent period. **(e) Terminal Building Facilities.—** From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available to the sponsor of a current or former military airport the Secretary designates under this section to construct, improve, or repair a terminal building facility, including terminal gates used for revenue passengers getting on or off aircraft. A gate constructed, improved, or repaired under this subsection— (1) may not be leased for more than 10 years; and (2) is not subject to majority in interest clauses. **(f) Parking Lots, Fuel Farms, Utilities, Hangars, and Air Cargo Terminals.—** (1) **Construction.—** — From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available to the sponsor of a current or former military airport the Secretary designates under this section to construct, improve, or repair airport surface parking lots, fuel farms, utilities, and hangars and air cargo terminals of an area that is 50,000 square feet or less. (2) **Reimbursement.—** — Upon approval of the Secretary, the sponsor of a current or former military airport the Secretary designates under this section may use an amount apportioned under section 47114, or made available under section 47115 or 47117(e)(1)(B), to the airport for reimbursement of costs incurred by the airport in fiscal years 2003 and 2004 for construction, improvement, or repair described in paragraph (1). **(g) Designation of General Aviation Airports.—** Notwithstanding any other provision of this section, 3 of the airports bearing designations under subsection (a) may be general aviation airports that were former military installations closed or realigned under a section referred to in subsection (a)(1). **(h) Safety-Critical Airports.—** Notwithstanding any other provision of this chapter, a grant under section 47117(e)(1)(B) may be made for a federally owned airport designated under subsection (a) if the grant is for a project that is— (1) to preserve or enhance minimum airfield infrastructure facilities described in subsection (c)(3); and (2) necessary to meet the minimum safety and emergency operational requirements established under part 139 of title 14, Code of Federal Regulations.

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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

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

10 U.S.C. § 2687 — Base closures and realignments

**(a)** Notwithstanding any other provision of law, no action may be taken to effect or implement— (1) the closure, including a mothball action, divestiture, deactivation, or any other action to render inoperable, of any military installation at which at least 300 civilian personnel are authorized to be employed; (2) any realignment with respect to any military installation referred to in paragraph (1) involving a reduction by more than 1,000, or by more than 50 percent, in the number of civilian personnel authorized to be employed at such military installation at the time the Secretary of Defense or the Secretary of the military department concerned notifies the Congress under subsection (b) of the Secretary’s plan to close or realign such installation; or (3) any construction, conversion, or rehabilitation at any military facility other than a military installation referred to in clause (1) or (2) which will or may be required as a result of the relocation of civilian personnel to such facility by reason of any closure or realignment to which clause (1) or (2) applies, unless and until the provisions of subsection (b) are complied with. **(b)** No action described in subsection (a) with respect to the closure of, or a realignment with respect to, any military installation referred to in such subsection may be taken unless and until— (1) the Secretary of Defense or the Secretary of the military department concerned notifies the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives, as part of an annual request for authorization of appropriations to such Committees, of the proposed closing or realignment and submits with the notification— (A) an evaluation of the fiscal, local economic, budgetary, environme

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 2687

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

49 U.S.C. § 47115 — Discretionary fund

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

49 U.S.C. § 47117 — Use of apportioned amounts

**(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

49 U.S.C. § 47104 — Project grant authority

**(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.

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

10 U.S.C. § 2687 — Base closures and realignments

Page 2096 TITLE 10—ARMED FORCES § 2687 (7) Ice. (8) Mechanical refrigeration. (9) Telephone service. (b) Proceeds of sales under subsection (a) shall be credited to the appropriation currently avail- able for the supply of that utility or service. (c) To meet local needs the Secretary con- cerned may make minor expansions and exten- sions of any distributing system or facility within an activity through which a utility or service is furnished under subsection (a). (Aug. 10, 1956, ch. 1041, 70A Stat. 141, § 2481; Pub. L. 86–156, Aug. 14, 1959, 73 Stat. 338; renumbered § 2686, Pub. L. 105–85, div. A, title III, § 371(b)(1), Nov. 18, 1997, 111 Stat. 1705; Pub. L. 116–283, div. A, title IX, § 924(b)(2)(A)(viii), Jan. 1, 2021, 134 Stat. 3821.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 2481(a) ..... 5:626s. 5:626s–1 (less words be- tween semicolon and colon). 10:1269. July 30, 1947, ch. 394, 61 Stat. 675; Aug. 8, 1949, ch. 403, § 5, 63 Stat. 576. 10:1269a (less words be- tween semicolon and colon). 34:553a. 34:553b (less words be- tween semicolon and colon). 2481(b) ..... 5:626s–1 (words between semicolon and colon). 10:1269a (words between semicolon and colon). 34:553b (words between semicolon and colon). 2481(c) ..... 5:626s–2. 10:1269b. 34:553c. In subsection (a), the words ‘‘within his establish- ment’’, ‘‘of time’’, and the opening clauses of 5:626s–1, 10:1269a, and 34:553b, are omitted as surplusage. The words ‘‘not available from another local source’’ are substituted for the words ‘‘not otherwise available from local private or public sources’’. In subsection (b), the words ‘‘of sales under sub- section (a)’’ are substituted for the words ‘‘received for any such utilities and

Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 2687

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

49 U.S.C. § 47118 — Designating current and former military

Page 1637 TITLE 49—TRANSPORTATION § 47118 DEEMED REFERENCES TO CHAPTERS 509 AND 511 OF TITLE 51 General references to ‘‘this title’’ deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Pub. L. 111–314, set out as a note under section 101 of this title. § 47118. Designating current and former military airports (a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall designate current or former military airports for which grants may be made under section 47117(e)(1)(B) of this title. The maximum number of airports bearing such designation at any time is 15. The Secretary may only so designate an airport (other than an airport so designated before August 24, 1994) if— (1) the airport is a former military installa- tion closed or realigned under— (A) section 2687 of title 10; (B) section 201 of the Defense Authoriza- tion Amendments and Base Closure and Re- alignment Act (10 U.S.C. 2687 note); or (C) section 2905 of the Defense Base Clo- sure and Realignment Act of 1990 (10 U.S.C. 2687 note); (2) the airport is a military installation with both military and civil aircraft operations; or (3) the airport is— (A) a former military installation that, at any time after December 31, 1965, was owned and operated by the Department of Defense; and (B) a nonhub primary airport. (b) SURVEY.—Not later than September 30, 1991, the Secretary shall complete a survey of current and former military airports to identify which airports have the greatest potential to improve the capacity of the national air trans- portation system. The survey shall identify the capital development needs of those airports to make them part of the system and which of those qualify for grants under secti

Source: Supplied 2024 U.S. Code historical extraction · 49 U.S.C. § 47118

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