49 U.S.C. § 47106 — Project grant application approval con-

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— Page 1588 TITLE 49—TRANSPORTATION § 47106 (A) the feasibility of solid waste recycling at the airport; (B) minimizing the generation of solid waste at the airport; (C) operation and maintenance require- ments; (D) the review of waste management con- tracts; and (E) the potential for cost savings or the generation of revenue; and (7) if the project is at an airport that is list- ed as having an unclassified status under the most recent national plan of integrated air- port systems (as described in section 47103), the project will be funded with an amount ap- propriated under section 47114(d)(2)(B) and is— (A) for maintenance of the pavement of the primary runway; (B) for obstruction removal for the pri- mary runway; (C) for the rehabilitation of the primary runway; or (D) for a project that the Secretary con- siders necessary for the safe operation of the airport. (b) AIRPORT DEVELOPMENT PROJECT GRANT AP- PLICATION APPROVAL.—The Secretary may ap- prove an application under this subchapter for an airport development project grant for an air- port only if the Secretary is satisfied that— (1) the sponsor, a public agency, or the Gov- ernment holds good title to the areas of the airport used or intended to be used for the landing, taking off, or surface maneuvering of aircraft, or that good title will be acquired; (2) the interests of the community in or near which the project may be located have been given fair consideration; and (3) the application provides touchdown zone and centerline runway lighting, high intensity runway lighting, or land necessary for install- ing approach light systems that the Secretary, considering the category of the airport and the kind and volume of traffic using it, decides is necessary for safe and efficient use of the airport by aircraft. (c) ENVIRONMENTAL REQUIREMENTS.—(1) The Secretary may approve an application under this subchapter for an airport development project involving the location of an airport or runway or a major runway extension— (A) only if the sponsor certifies to the Sec- retary that— (i) an opportunity for a public hearing was given to consider the economic, social, and environmental effects of the location and the location’s consistency with the objec- tives of any planning that the community has carried out; (ii) the airport management board has vot- ing representation from the communities in which the project is located or has advised the communities that they have the right to petition the Secretary about a proposed project; and (iii) with respect to an airport develop- ment project involving the location of an airport, runway, or major runway extension at a medium or large hub airport, the air- port sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted; and (B) if the application is found to have a sig- nificant adverse effect on natural resources, including fish and wildlife, natural, scenic, and recreation assets, water and air quality, or another factor affecting the environment, only after finding that no possible and prudent alternative to the project exists and that every reasonable step has been taken to mini- mize the adverse effect. (2) The Secretary may approve an application under this subchapter for an airport develop- ment project that does not involve the location of an airport or runway, or a major runway ex- tension, at an existing airport without requiring an environmental impact statement related to noise for the project if— (A) completing the project would allow oper- ations at the airport involving aircraft com- plying with the noise standards prescribed for ‘‘stage 3’’ aircraft in section 36.1 of title 14, Code of Federal Regulations, to replace exist- ing operations involving aircraft that do not comply with those standards; and (B) the project meets the other requirements under this subchapter. (3) At the Secretary’s request, the sponsor shall give the Secretary a copy of the transcript of any hearing held under paragraph (1)(A) of this subsection. (4) The Secretary may make a finding under paragraph (1)(B) of this subsection only after completely reviewing the matter. The review and finding must be a matter of public record. (d) WITHHOLDING APPROVAL.—(1) The Secretary may withhold approval of an application under this subchapter for amounts apportioned under section 47114(c) and (e) of this title for violating an assurance or requirement of this subchapter only if— (A) the Secretary provides the sponsor an opportunity for a hearing; and (B) not later than 180 days after the later of the date of the application or the date the Sec- retary discovers the noncompliance, the Sec- retary finds that a violation has occurred. (2) The 180-day period may be extended by— (A) agreement between the Secretary and the sponsor; or (B) the hearing officer if the officer decides an extension is necessary because the sponsor did not follow the schedule the officer estab- lished. (3) A person adversely affected by an order of the Secretary withholding approval may obtain review of the order by filing a petition in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the project is located. The action must be brought not later than 60 days after the order is served on the petitioner. (e) REPORTS RELATING TO CONSTRUCTION OF CERTAIN NEW HUB AIRPORTS.—At least 90 days Page 1589 TITLE 49—TRANSPORTATION § 47106 prior to the approval under this subchapter of a project grant application for construction of a new hub airport that is expected to have 0.25 percent or more of the total annual enplanements in the United States, the Sec- retary shall submit to Congress a report ana- lyzing the anticipated impact of such proposed new airport on— (1) the fees charged to air carriers (including landing fees), and other costs that will be in- curred by air carriers, for using the proposed airport; (2) air transportation that will be provided in the geographic region of the proposed air- port; and (3) the availability and cost of providing air transportation to rural areas in such geo- graphic region. (f) COMPETITION PLANS.— (1) PROHIBITION.—Beginning in fiscal year 2001, no passenger facility charge may be ap- proved for a covered airport under section 40117 and no grant may be made under this subchapter for a covered airport unless the airport has submitted to the Secretary a writ- ten competition plan in accordance with this subsection. (2) CONTENTS.—A competition plan under this subsection shall include information on the availability of airport gates and related fa- cilities, leasing and sub-leasing arrangements, gate-use requirements, gate-assignment pol- icy, financial constraints, airport controls over air- and ground-side capacity, and wheth- er the airport intends to build or acquire gates that would be used as common facilities. (3) SPECIAL RULE FOR FISCAL YEAR 2002.—This subsection does not apply to any passenger fa- cility fee approved, or grant made, in fiscal year 2002 if the fee or grant is to be used to im- prove security at a covered airport. (4) COVERED AIRPORT DEFINED.—In this sub- section, the term ‘‘covered airport’’ means a commercial service airport— (A) that has more than .25 percent of the total number of passenger boardings each year at all such airports; and (B) at which one or two air carriers control more than 50 percent of the passenger boardings. (g) CONSULTATION WITH SECRETARY OF HOME- LAND SECURITY.—The Secretary shall consult with the Secretary of Homeland Security before approving an application under this subchapter for an airport development project grant for ac- tivities described in section 47102(3)(B)(ii) only as they relate to security equipment or section 47102(3)(B)(x) only as they relate to installation of bulk explosive detection system. (h) EVALUATION OF AIRPORT MASTER PLANS.— When evaluating the master plan of an airport for purposes of this subchapter, the Secretary shall take into account— (1) the role the airport plays with respect to medical emergencies and evacuations; and (2) the role the airport plays in emergency or disaster preparedness in the community served by the airport. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1254; Pub. L. 103–305, title I, §§ 108, 109, Aug. 23, 1994, 108 Stat. 1573; Pub. L. 106–181, title I, § 155(b), Apr. 5, 2000, 114 Stat. 88; Pub. L. 107–71, title I, § 123(a), Nov. 19, 2001, 115 Stat. 630; Pub. L. 107–296, title IV, § 426(b), Nov. 25, 2002, 116 Stat. 2187; Pub. L. 108–176, title I, § 187, title III, § 305, Dec. 12, 2003, 117 Stat. 2518, 2539; Pub. L. 112–95, title I, §§ 111(c)(2)(A)(i), 133, 134, Feb. 14, 2012, 126 Stat. 18, 22; Pub. L. 115–254, div. B, title I, §§ 148(a), 149, Oct. 5, 2018, 132 Stat. 3214, 3215; Pub. L. 118–63, title VII, § 712(c)(1), May 16, 2024, 138 Stat. 1256.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47106(a) ...... 49 App.:2208(b) (1)(A)–(D). Sept. 3, 1982, Pub. L. 97–248, §§ 503(a)(8), 509(b)(1)(A)– (D), (2)–(4), (5) (last sen- tence words after 11th comma), (6)(B)–(8), 96 Stat. 673, 683, 684. 47106(b) ...... 49 App.:2202(a)(8). 49 App.:2208(b) (2)–(4). 47106(c) (1)(A). 49 App.:2208(b)(6)(A). Sept. 3, 1982, Pub. L. 97–248, § 509(b)(6)(A), 96 Stat. 684; Oct. 31, 1992, Pub. L. 102–581, § 113(b), 106 Stat. 4881. 47106(c) (1)(B). 49 App.:2208(b)(7)(A) (1st, 2d sentences). 47106(c) (1)(C). 49 App.:2208(b)(5) (last sentence words between 11th and 12th com- mas and after last comma). 47106(c)(2) .. 49 App.:2208(b)(8). 47106(c)(3) .. 49 App.:2208(b)(6)(B). 47106(c)(4) .. 49 App.:2208(b)(7)(A) (last sentence), (B). 47106(c)(5) .. 49 App.:2208(b)(5) (last sentence words between 12th and last com- mas). 47106(d) ...... 49 App.:1731. May 21, 1970, Pub. L. 91–258, 84 Stat. 219, § 31; added Feb. 18, 1980, Pub. L. 96–193, § 206, 94 Stat. 55; Sept. 3, 1982, Pub. L. 97–248, § 524(e), 96 Stat. 697. 47106(e) ...... 49 App.:2218(b) (re- lated to applica- tion). Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 519(b) (re- lated to application); added Dec. 30, 1987, Pub. L. 100–223, § 112(2), 101 Stat. 1504. In subsection (a)(1), the word ‘‘reasonably’’ is omitted as surplus. In subsection (a)(2), the words ‘‘carrying out’’ are substituted for ‘‘accomplishment of the purposes of’’ for consistency in the revised title. In subsection (a)(3), the words ‘‘that portion of’’ are omitted as surplus. In subsection (a)(5), the words ‘‘which submitted the project grant application’’ and ‘‘legal’’ are omitted as surplus. In subsection (b), before clause (1), the words ‘‘for an airport’’ are added for clarity. In clause (1), the words ‘‘or an agency thereof’’ are omitted surplus. In clause (3), the words ‘‘that the Secretary . . . decides is nec- essary’’ are substituted for ‘‘when it is determined by the Secretary that any such item is required’’ to elimi- nate unnecessary words. In subsection (c)(1)(B), before subclause (i), the words ‘‘chief executive officer’’ are substituted for ‘‘Gov- ernor’’ because this chapter applies to the District of Columbia which does not have a Governor. The words ‘‘except that the Administrator of the Environmental Protection Agency shall make the certification instead of the chief executive officer if’’ are substituted for ‘‘In any case where . . . certification shall be obtained from such Administrator’’ for clarity. Subclause (i) is sub- stituted for ‘‘such standards have not been approved’’ for clarity. Page 1590 TITLE 49—TRANSPORTATION § 47106 In subsection (c)(2), before clause (A), the words ‘‘Notwithstanding any other provision of law’’ are omitted as surplus. The words ‘‘that does not involve the location of an airport or runway, or a major run- way extension’’ are substituted for ‘‘(other than an air- port development project in which paragraph (7)(A) ap- plies)’’ for clarity. The words ‘‘the preparation of’’ are omitted as surplus. In clause (B), the words ‘‘statutory and administrative’’ are omitted as surplus. In subsection (c)(4)(A), the words ‘‘to the Secretary’’ are added for clarity. In subsection (c)(5), the words ‘‘full and’’ are omitted as surplus. The words ‘‘in writing’’ are omitted as sur- plus because of the requirement that the decision be a matter of public record. In subsection (d)(1), the words ‘‘(as defined by section 1711(8) of this Appendix, as in effect on February 18, 1980)’’ are omitted because of the definition of ‘‘air car- rier airport’’ in section 47102 of the revised title. In subsection (d)(2), the words ‘‘Notwithstanding any other provision of the Airport and Airway Improve- ment Act of 1982 [49 App. U.S.C. 2201 et seq.]’’ and ‘‘sin- gle’’ are omitted as surplus. In subsection (e)(1) and (2), the word ‘‘sponsor’’ is sub- stituted for ‘‘applicant’’ for consistency. In subsection (e)(1), before clause (A), the words ‘‘under this subchapter’’ are added for consistency in this section. The word ‘‘other’’ is omitted as surplus. In subsection (e)(2)(A), the word ‘‘mutual’’ is omitted as surplus. In subsection (e)(3), the words ‘‘adversely affected’’ are substituted for ‘‘aggrieved’’ for consistency in the revised title and with other titles of the United States Code. The words ‘‘the date on which’’ are omitted as surplus. Editorial Notes AMENDMENTS 2024—Subsec. (a)(7). Pub. L. 118–63 substituted ‘‘sec- tion 47114(d)(2)(B)’’ for ‘‘section 47114(d)(3)(B)’’ in intro- ductory provisions. 2018—Subsec. (a)(6). Pub. L. 115–254, § 148(a)(2), in- serted ‘‘that includes the project’’ before ‘‘, the master plan’’ in introductory provisions. Subsec. (a)(7). Pub. L. 115–254, § 148(a)(1), (3), (4), added par. (7). Subsec. (h). Pub. L. 115–254, § 149, added subsec. (h). 2012—Subsec. (a)(6). Pub. L. 112–95, § 133, added par. (6). Subsec. (f)(1). Pub. L. 112–95, § 111(c)(2)(A)(i), sub- stituted ‘‘charge’’ for ‘‘fee’’. Subsec. (f)(2). Pub. L. 112–95, § 134, struck out ‘‘pat- terns of air service,’’ after ‘‘gate-use requirements,’’ and ‘‘, and airfare levels (as compiled by the Depart- ment of Transportation) compared to other large air- ports’’ after ‘‘common facilities’’ and inserted ‘‘and’’ after ‘‘ground-side capacity,’’. 2003—Subsec. (c)(1)(A)(iii). Pub. L. 108–176, § 305(1), in- serted ‘‘and’’ after semicolon at end. Pub. L. 108–176, § 187, added cl. (iii). Subsec. (c)(1)(B), (C). Pub. L. 108–176, § 305(2), (3), re- designated subpar. (C) as (B) and struck out former sub- par. (B) which read as follows: ‘‘only if the chief execu- tive officer of the State in which the project will be lo- cated certifies in writing to the Secretary that there is reasonable assurance that the project will be located, designed, constructed, and operated in compliance with applicable air and water quality standards, except that the Administrator of the Environmental Protection Agency shall make the certification instead of the chief executive officer if— ‘‘(i) the State has not approved any applicable State or local standards; and ‘‘(ii) the Administrator has prescribed applicable standards; and’’. Subsec. (c)(2)(A). Pub. L. 108–176, § 305(4), substituted ‘‘stage 3’’ for ‘‘stage 2’’. Subsec. (c)(4), (5). Pub. L. 108–176, § 305(5)–(7), redesig- nated par. (5) as (4), substituted ‘‘paragraph (1)(B)’’ for ‘‘paragraph (1)(C)’’, and struck out former par. (4) which read as follows: ‘‘(4)(A) Notice of certification or of refusal to certify under paragraph (1)(B) of this subsection shall be pro- vided to the Secretary not later than 60 days after the Secretary receives the application. ‘‘(B) The Secretary shall condition approval of the application on compliance with the applicable stand- ards during construction and operation.’’ 2002—Subsec. (g). Pub. L. 107–296 added subsec. (g). 2001—Subsec. (f)(3), (4). Pub. L. 107–71, which directed the amendment of section 47106(f) by adding par. (3) and redesignating former par. (3) as (4), without specifying the Code title to be amended, was executed by making the amendments to this section, to reflect the probable intent of Congress. 2000—Subsec. (f). Pub. L. 106–181 added subsec. (f). 1994—Subsecs. (d), (e). Pub. L. 103–305 added subsec. (e), redesignated former subsec. (e) as (d), and struck out former subsec. (d) which read as follows: ‘‘(d) GENERAL AVIATION AIRPORT PROJECT GRANT AP- PLICATION APPROVAL.—(1) In this subsection, ‘general aviation airport’ means a public airport that is not an air carrier airport. ‘‘(2) The Secretary may approve an application under this subchapter for an airport development project in- cluded in a project grant application involving the con- struction or extension of a runway at a general avia- tion airport located on both sides of a boundary line separating 2 counties within a State only if, before the application is submitted to the Secretary, the project is approved by the governing body of each village incor- porated under the laws of the State and located en- tirely within 5 miles of the nearest boundary of the air- port.’’ 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. EFFECTIVE DATE OF 2002 AMENDMENT Amendment by Pub. L. 107–296 effective 60 days after Nov. 25, 2002, see section 4 of Pub. L. 107–296, set out as an Effective Date note under section 101 of Title 6, Do- mestic Security. EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106–181 applicable only to fis- cal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title. PROHIBITION ON CERTAIN RUNWAY LENGTH REQUIREMENTS Pub. L. 118–63, title VII, § 752, May 16, 2024, 138 Stat. 1284, provided that: ‘‘Notwithstanding any other provi- sion of law, the Secretary [of Transportation] may not require an airport to shorten the length or width of the runway, apron, or taxiway of the airport as a condition for the receipt of federal financial assistance if the air- port directly supports a base of the United States Air Force or the Air National Guard at the airport, regard- less of the stationing of military aircraft.’’ ENVIRONMENTAL REVIEW OF AIRPORT IMPROVEMENT PROJECTS Pub. L. 106–181, title III, § 310, Apr. 5, 2000, 114 Stat. 128, provided that: ‘‘(a) STUDY.—The Secretary [of Transportation] shall conduct a study of Federal environmental require- ments related to the planning and approval of airport improvement projects. ‘‘(b) CONTENTS.—In conducting the study, the Sec- retary, at a minimum, shall assess— Page 1591 TITLE 49—TRANSPORTATION § 47107 ‘‘(1) the current level of coordination among Fed- eral and State agencies in conducting environmental reviews in the planning and approval of airport im- provement projects; ‘‘(2) the role of public involvement in the planning and approval of airport improvement projects; ‘‘(3) the staffing and other resources associated with conducting such environmental reviews; and ‘‘(4) the time line for conducting such environ- mental reviews. ‘‘(c) CONSULTATION.—The Secretary shall conduct the study in consultation with the Administrator [of the Federal Aviation Administration], the heads of other appropriate Federal departments and agencies, airport sponsors, the heads of State aviation agencies, rep- resentatives of the design and construction industry, representatives of employee organizations, and rep- resentatives of public interest groups. ‘‘(d) REPORT.—Not later than 1 year after the date of the enactment of this Act [Apr. 5, 2000], the Secretary shall transmit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on the results of the study, to- gether with recommendations for streamlining, if ap- propriate, the environmental review process in the planning and approval of airport improvement projects.’’ GRANTS FOR ENGINEERED MATERIALS ARRESTING SYSTEMS Pub. L. 106–181, title V, § 514(c), Apr. 5, 2000, 114 Stat. 144, provided that: ‘‘In making grants under section 47104 of title 49, United States Code, for engineered ma- terials arresting systems, the Secretary [of Transpor- tation] shall require the sponsor to demonstrate that the effects of jet blasts have been adequately consid- ered.’’ GRANTS FOR RUNWAY REHABILITATION Pub. L. 106–181, title V, § 514(d), Apr. 5, 2000, 114 Stat. 144, provided that: ‘‘In any case in which an airport’s runways are constrained by physical conditions, the Secretary [of Transportation] shall consider alter- native means for ensuring runway safety (other than a safety overrun area) when prescribing conditions for grants for runway rehabilitation.’’ COMPLIANCE WITH REQUIREMENTS Pub. L. 106–181, title VII, § 737, Apr. 5, 2000, 114 Stat. 172, provided that: ‘‘Notwithstanding any other provi- sion of law, in order to avoid unnecessary duplication of expense and effort, the Secretary [of Transportation] may authorize the use, in whole or in part, of a com- pleted environmental assessment or environmental im- pact study for new construction projects on the air op- erations area of an airport, if the completed assessment or study was for a project at the airport that is sub- stantially similar in nature to the new project. Any such authorized use shall meet all requirements of Fed- eral law for the completion of such an assessment or study.’’ § 47107. Project grant application approval con- ditioned on assurances about airport oper- ations (a) GENERAL WRITTEN ASSURANCES.—The Sec- retary of Transportation may approve a project grant application under this subchapter for an airport development project only if the Sec- retary receives written assurances, satisfactory to the Secretary, that— (1) the airport will be available for public use on reasonable conditions and without un- just discrimination; (2) air carriers making similar use of the air- port will be subject to substantially com- parable charges— (A) for facilities directly and substantially related to providing air transportation; and (B) regulations and conditions, except for differences based on reasonable classifica- tions, such as between— (i) tenants and nontenants; and (ii) signatory and nonsignatory carriers; (3) the airport operator will not withhold un- reasonably the classification or status of ten- ant or signatory from an air carrier that as- sumes obligations substantially similar to those already imposed on air carriers of that classification or status; (4) a person providing, or intending to pro- vide, aeronautical services to the public will not be given an exclusive right to use the air- port, 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 cost- ly, burdensome, or impractical for more than one fixed-base operator to provide the services; and (B) allowing more than one fixed-base op- erator to provide the services would require reducing the space leased under an existing agreement between the one fixed-base oper- ator 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 serv- ice itself or use any fixed-base operator al- lowed by the airport operator to service any carrier at the airport; (7) the airport and facilities on or connected with the airport will be operated and main- tained suitably, with consideration given to climatic and flood conditions; (8) a proposal to close the airport tempo- rarily for a nonaeronautical purpose must first be approved by the Secretary; (9) appropriate action will be taken to en- sure that terminal airspace required to pro- tect instrument and visual operations to the airport (including operations at established minimum flight altitudes) will be cleared and protected by mitigating existing, and pre- venting future, airport hazards; (10) appropriate action, including the adop- tion of zoning laws, has been or will be taken to the extent reasonable to restrict the use of land next to or near the airport to uses that are compatible with normal airport oper- ations; (11) each of the airport’s facilities developed with financial assistance from the United States Government and each of the airport’s facilities usable for the landing and taking off of aircraft always will be available without charge for use by Government aircraft in com- mon with other aircraft, except that if the use is substantial, the Government may be charged a reasonable share, proportionate to the use, of the cost of operating and maintain- ing the facility used; (12) the airport owner or operator will pro- vide, without charge to the Government, prop- erty interests of the sponsor in land or water areas or buildings that the Secretary decides are desirable for, and that will be used for,