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 MITIGATION PROJECT.—The term ‘environmental mitigation project’ means a project that— ‘‘(A) introduces new environmental mitigation techniques or technologies that have been proven in laboratory demonstrations; ‘‘(B) proposes methods for efficient adaptation or integration of new concepts into airport operations; and ‘‘(C) will demonstrate whether new techniques or technologies for environmental mitigation are— ‘‘(i) practical to implement at or near multiple public-use airports; and ‘‘(ii) capable of reducing noise, airport emis- sions, or water quality impacts in measurably significant amounts. ‘‘(k) AUTHORIZATION FOR THE TRANSFER OF FUNDS FROM DEPARTMENT OF DEFENSE.— ‘‘(1) IN GENERAL.—The Administrator of the Federal Aviation Administration may accept funds from the Secretary of Defense to increase the authorized fund- ing for this section by the amount of such transfer only to carry out projects designed for environmental mitigation at a site previously, but not currently, managed by the Department of Defense. ‘‘(2) ADDITIONAL GRANTEES.—If additional funds are made available by the Secretary of Defense under paragraph (1), the Administrator may increase the number of grantees under subsection (a).’’ DESIGN-BUILD CONTRACTING Pub. L. 106–181, title I, § 139, Apr. 5, 2000, 114 Stat. 85, authorized the Administrator of the Federal Aviation Administration to establish a pilot program, subject to certain contract and cost specifications, under which design-build contracts could be used to carry out up to 7 projects at airports in the United States with a grant awarded under this section, and stipulated that this au- thorization would expire on Sept. 30, 2003. § 47105. Project grant applications (a) SUBMISSION AND CONSULTATION.—(1) An ap- plication for a project grant under this sub- chapter may be submitted to the Secretary of Transportation by— (A) a sponsor; or (B) a State, as the only sponsor, for an air- port 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 writ- ten consent that the State be the applicant; (ii) the Secretary is satisfied there is ad- ministrative merit and aeronautical benefit in the State being the sponsor; and (iii) an acceptable agreement exists that ensures that the State will comply with ap- propriate grant conditions and other assur- ances the Secretary requires. (2) Before deciding to undertake an airport de- velopment project at an airport under this sub- chapter, 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 ap- proaches; and (4) shall be in the form and contain other in- formation the Secretary prescribes. (c) STATE STANDARDS FOR AIRPORT DEVELOP- MENT.— (1) IN GENERAL.—The Secretary may approve standards (except standards for safety of ap- proaches) that a State prescribes for airport development at nonprimary public-use air- ports in the State. On approval under this sub- section, a State’s standards apply to the non- primary public-use airports in the State in- stead 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 Sec- retary under subparagraph (B), for pavement on nonprimary public-use airports in the State. (B) REQUIREMENTS.—The Secretary shall— (i) continue to provide technical assist- ance under subparagraph (A) until the standards are approved under paragraph (1); and Page 1587 TITLE 49—TRANSPORTATION § 47106 (ii) clearly indicate to the State the standards that are acceptable to the Sec- retary, considering, at a minimum, local conditions and locally available materials. (d) CERTIFICATION OF COMPLIANCE.—The Sec- retary may require a sponsor to certify that the sponsor will comply with this subchapter in car- rying out the project. The Secretary may re- scind the acceptance of a certification at any time. This subsection does not affect an obliga- tion or responsibility of the Secretary under an- other law of the United States. (e) PREVENTIVE MAINTENANCE.—After January 1, 1995, the Secretary may approve an applica- tion 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 deter- mine appropriate that such airport has imple- mented an effective airport pavement mainte- nance-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 sec- tion 47114(c) of this title shall notify the Sec- retary of the fiscal year in which the sponsor in- tends to submit a project grant application for the apportioned amount. The notification shall be given by the time and contain the informa- tion the Secretary prescribes. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1253; Pub. L. 103–305, title I, §§ 106, 107(a), Aug. 23, 1994, 108 Stat. 1572; Pub. L. 115–254, div. B, title I, § 183, Oct. 5, 2018, 132 Stat. 3233.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47105(a) (1)(A). 49 App.:2208(a)(1) (1st sentence re- lated to authority to submit applica- tions). Sept. 3, 1982, Pub. L. 97–248, §§ 509(a)(1), (c), (d), 511(c), 96 Stat. 682, 685, 688. 47105(a) (1)(B). 49 App.:2208(a)(3). Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 509(a)(3); added Dec. 30, 1987, Pub. L. 100–223, § 108, 101 Stat. 1498. 47105(a)(2) .. 49 App.:2210(c). 47105(a)(3) .. 49 App.:2208(a)(1) (3d sentence). 47105(b) ...... 49 App.:2208(a)(1) (1st sentence re- lated to form and contents, 2d, last sentences). 47105(c) ...... 49 App.:2208(c). 47105(d) ...... 49 App.:2208(d). 47105(e) ...... 49 App.:2208(e). Sept. 3, 1982, Pub. L. 97–248, § 509(e), 96 Stat. 685; Dec. 30, 1987, Pub. L. 100–223, § 106(b)(3)(B), 101 Stat. 1498. In subsection (a)(1), before clause (A), the words ‘‘Subject to the provisions of this subsection’’ are omit- ted as surplus. The words ‘‘for one or more projects’’ are omitted as surplus because of the definition of ‘‘project grant’’ in section 47102 of the revised title. Clause (A) is substituted for ‘‘(A) any public agency, or two or more public agencies acting jointly, or (B) any sponsor of a public-use airport, or two or more such sponsors, acting jointly’’ because of the definition of ‘‘sponsor’’ in section 47102 of the revised title. In subsection (a)(2), the word ‘‘Before’’ is substituted for ‘‘In’’ as the more appropriate word. The words ‘‘at an airport’’ are substituted for ‘‘at which such project is proposed’’ to eliminate unnecessary words. The words ‘‘airport users that will be affected by the project’’ are substituted for ‘‘affected parties’’ for clar- ity. Subsection (a)(3) is substituted for 49 App.:2208(a)(1) (3d sentence) to eliminate unnecessary words. In subsection (b)(1), the words ‘‘shall describe’’ are substituted for ‘‘setting forth’’ for clarity. In subsection (b)(2), the word ‘‘project’’ is substituted for ‘‘airport development or airport planning’’ because of the definition of ‘‘project’’ in section 47102 of the re- vised title. The words ‘‘prepared pursuant to section 2203 of the Appendix’’ are eliminated as unnecessary. In subsection (c), the words ‘‘from time to time’’ are eliminated as unnecessary. In subsection (d), the words ‘‘in connection with any project’’ are omitted as surplus. The words ‘‘that the sponsor will comply with this subchapter in carrying out the project’’ are substituted for ‘‘that such sponsor will comply with all of the statutory and administra- tive requirements imposed on such sponsor under this chapter in connection with such project’’ to eliminate unnecessary words. The words ‘‘or discharge’’ are omit- ted as included in ‘‘affect’’. The words ‘‘including, but not limited to, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 303 of title 49, title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000b) [42 U.S.C. 2000d et seq.], title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.), and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.)’’ are omitted as included in ‘‘another law of the United States’’. In subsection (e), the words ‘‘of an airport for which’’ are substituted for ‘‘to which’’ for clarity. Editorial Notes AMENDMENTS 2018—Subsec. (c). Pub. L. 115–254 designated existing provisions as par. (1), inserted heading, and added par. (2). 1994—Subsec. (a)(1)(B). Pub. L. 103–305, § 106, in intro- ductory provisions, substituted ‘‘1 or more airports’’ for ‘‘at least 2 airports’’ in two places and struck out ‘‘similar’’ before ‘‘projects’’. Subsecs. (e), (f). Pub. L. 103–305, § 107(a), added subsec. (e) and redesignated former subsec. (e) as (f). § 47106. Project grant application approval con- ditioned on satisfaction of project require- ments (a) PROJECT GRANT APPLICATION APPROVAL.— The Secretary of Transportation may approve an application under this subchapter for a project grant only if the Secretary is satisfied that— (1) the project is consistent with plans (ex- isting at the time the project is approved) of public agencies authorized by the State in which the airport is located to plan for the de- velopment of the area surrounding the airport; (2) the project will contribute to carrying out this subchapter; (3) enough money is available to pay the project costs that will not be paid by the United States Government under this sub- chapter; (4) the project will be completed without un- reasonable delay; (5) the sponsor has authority to carry out the project as proposed; (6) if the project is for an airport that has an airport master plan that includes the project, the master plan addresses issues relating to solid waste recycling at the airport, includ- ing—