49 U.S.C. § 47116 — Small airport fund

Page 1631 TITLE 49—TRANSPORTATION § 47116 1 So in original. Amendment by Pub. L. 111–197 effective July 4, 2010, see section 5(j) of Pub. L. 111–197, set out as a note under section 40117 of this title. Amendment by Pub. L. 111–161 effective May 1, 2010, see section 5(j) of Pub. L. 111–161, set out as a note under section 40117 of this title. Amendment by Pub. L. 111–153 effective Apr. 1, 2010, see section 5(j) of Pub. L. 111–153, set out as a note under section 40117 of this title. EFFECTIVE DATE OF 2009 AMENDMENT Amendment by Pub. L. 111–116 effective Jan. 1, 2010, see section 5(j) of Pub. L. 111–116, set out as a note under section 40117 of this title. Amendment by Pub. L. 111–12 effective Apr. 1, 2009, see section 5(j) of Pub. L. 111–12, set out as a note under section 40117 of this title. EFFECTIVE DATE OF 2008 AMENDMENT Amendment by Pub. L. 110–330 effective Oct. 1, 2008, see section 5(l) of Pub. L. 110–330, set out as a note under section 40117 of this title. Amendment by Pub. L. 110–253 effective July 1, 2008, see section 3(d) of Pub. L. 110–253, set out as a note under section 9502 of Title 26, Internal Revenue Code. 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 1996 AMENDMENTS Amendment by section 5(81)(B) of Pub. L. 104–287 ef- fective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287, set out as a note under section 47117 of this title. Except as otherwise specifically provided, amend- ment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year end- ing before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title. RUNWAY SAFETY PROJECTS Pub. L. 118–63, title VII, § 748, May 16, 2024, 138 Stat. 1283, provided that: ‘‘In awarding grants under section 47115 of title 49, United States Code, for runway safety projects, the Administrator [of the Federal Aviation Administration] shall, to the maximum extent prac- ticable— ‘‘(1) reduce unnecessary or undesirable project seg- mentation; and ‘‘(2) complete the entire project in an expeditious manner.’’ § 47116. Small airport fund (a) EXISTENCE AND AMOUNTS IN FUND.—The Secretary of Transportation has a small airport fund. The fund consists of 87.5 percent of amounts not apportioned under section 47114 of this title because of section 47114(f). (b) DISTRIBUTION OF AMOUNTS.—The Secretary may distribute amounts in the fund in each fis- cal year for any purpose for which amounts are made available under section 48103 of this title as follows: (1) Not more than 25 percent for grants for projects at small hub airports. (2) Not less than 25 percent for grants to sponsors of public-use airports (except com- mercial service airports). (3) Not less than 50 percent for grants to sponsors of commercial service airports that are not larger than a nonhub airport. (c) AUTHORITY TO RECEIVE GRANT NOT DEPEND- ENT ON PARTICIPATION IN BLOCK GRANT PILOT PROGRAM.—An airport in a State participating in the State block grant pilot program under section 47128 of this title may receive a grant under this section to the same extent the air- port may receive a grant if the State were not participating in the program. (d) PRIORITY CONSIDERATION FOR CERTAIN PROJECTS.— (1) CONSTRUCTION OF NEW RUNWAYS.—In mak- ing grants to sponsors described in subsection (b)(2), the Secretary shall give priority consid- eration to multi-year projects for construction of new runways that the Secretary finds are cost beneficial and would increase capacity in a region of the United States. (2) CONTROL TOWER CONSTRUCTION.—Notwith- standing section 47124(b)(4)(A), the Secretary may provide grants under this section to an airport sponsor participating in the contract tower program under section 47124 for the con- struction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traf- fic control, communications, and related equipment to be used in that tower. Such grants shall be subject to the distribution re- quirements of subsection (b) and the eligi- bility requirements of section 47124(b)(4)(B). (e) GENERAL AVIATION TRANSIENT APRONS.—In distributing amounts from the fund described in subsection (a) to sponsors described in sub- section 1 (b)(2) and 1 (b)(3), 5 percent of each amount shall be used for projects to construct or rehabilitate aprons intended to be used for itinerant general aviation aircraft parking. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1271; Pub. L. 104–264, title I, § 146, Oct. 9, 1996, 110 Stat. 3223; Pub. L. 106–6, § 8(b), Mar. 31, 1999, 113 Stat. 11; Pub. L. 106–181, title I, § 128, Apr. 5, 2000, 114 Stat. 76; Pub. L. 108–176, title VIII, § 801(b), Dec. 12, 2003, 117 Stat. 2587; Pub. L. 115–254, div. B, title I, §§ 152, 154, Oct. 5, 2018, 132 Stat. 3216, 3217; Pub. L. 118–63, title VII, § 716, May 16, 2024, 138 Stat. 1259.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47116(a) ...... 49 App.:2206(d)(1) (words before ‘‘to be distributed’’). Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 507(d); added Nov. 5, 1990, Pub. L. 101–508, § 9112(b), 104 Stat. 1388–362. 47116(b) ...... 49 App.:2206(d)(1) (words after ‘‘small airport fund’’), (2), (3). 47116(c) ...... 49 App.:2206(d)(4). In subsection (a), the words ‘‘The Secretary of Trans- portation has a small airport fund’’ are added for clar- ity. In subsection (b), before clause (1), the words ‘‘under this subsection’’ are omitted as surplus. In clauses (1) and (2), the words ‘‘used’’ and ‘‘making’’ are omitted as surplus. In subsection (c), the word ‘‘pilot’’ is added for con- sistency with section 47128 of the revised title. Page 1632 TITLE 49—TRANSPORTATION § 47117 Editorial Notes AMENDMENTS 2024—Subsec. (b). Pub. L. 118–63, § 716(1), added pars. (1) to (3) and struck out former pars. (1) and (2) which read as follows: ‘‘(1) one-seventh for grants for projects at small hub airports; and ‘‘(2) the remaining amounts based on the following: ‘‘(A) one-third for grants to sponsors of public-use airports (except commercial service airports). ‘‘(B) two-thirds for grants to sponsors of each com- mercial service airport that each year has less than .05 percent of the total boardings in the United States in that year.’’ Subsec. (d)(2), (3). Pub. L. 118–63, § 716(2), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: ‘‘In making grants to sponsors described in subsection (b), the Sec- retary shall give priority consideration to mass grading and associated structural support (including access road, duct banks, and other related infrastructure) at mountaintop airports, provided that the airport would not otherwise have sufficient surface area for— ‘‘(A) eligible and justified airport development projects; or ‘‘(B) additional hangar space.’’ Subsecs. (e), (f). Pub. L. 118–63, § 716(3), added subsec. (e) and struck out former subsecs. (e) and (f) which read as follows: ‘‘(e) SET-ASIDE FOR MEETING SAFETY TERMS IN AIR- PORT OPERATING CERTIFICATES.—In the first fiscal year beginning after the effective date of regulations issued to carry out section 44706(b) with respect to airports de- scribed in section 44706(a)(2), and in each of the next 4 fiscal years, the lesser of $15,000,000 or 20 percent of the amounts that would otherwise be distributed to spon- sors of airports under subsection (b)(2) shall be used to assist the airports in meeting the terms established by the regulations. If the Secretary publishes in the Fed- eral Register a finding that all the terms established by the regulations have been met, this subsection shall cease to be effective as of the date of such publication. ‘‘(f) NOTIFICATION OF SOURCE OF GRANT.—Whenever the Secretary makes a grant under this section, the Secretary shall notify the recipient of the grant, in writing, that the source of the grant is from the small airport fund.’’ 2018—Subsec. (d)(2). Pub. L. 115–254, § 154, amended par. (2) generally. Prior to amendment, text read as fol- lows: ‘‘In making grants to sponsors described in sub- section (b)(1), the Secretary shall give priority consid- eration to airport development projects to support op- erations by turbine powered aircraft if the non-Federal share of the project is at least 40 percent.’’ Subsec. (d)(3). Pub. L. 115–254, § 152, added par. (3). 2003—Subsec. (b)(1). Pub. L. 108–176 struck out ‘‘(as defined in section 41731 of this title)’’ after ‘‘small hub airports’’. 2000—Subsec. (d). Pub. L. 106–181, § 128(c), designated existing provisions as par. (1), inserted heading, re- aligned margins, and added par. (2). Subsec. (e). Pub. L. 106–181, § 128(a), added subsec. (e). Subsec. (f). Pub. L. 106–181, § 128(b), added subsec. (f). 1999—Subsec. (a). Pub. L. 106–6, § 8(b)(1), substituted ‘‘87.5’’ for ‘‘75’’. Subsec. (b). Pub. L. 106–6, § 8(b)(2), added pars. (1) and (2) and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (2). 1996—Subsec. (d). Pub. L. 104–264 added subsec. (d). 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 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. EFFECTIVE DATE OF 1996 AMENDMENT Except as otherwise specifically provided, amend- ment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year end- ing before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title. § 47117. Use of apportioned amounts (a) GRANT PURPOSE.—Except as provided in this section, an amount apportioned under sec- tion 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. (b) PERIOD OF AVAILABILITY.— (1) IN GENERAL.—An amount apportioned under section 47114 of this title is available to be obligated for grants under the apportion- ment 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 discre- tionary fund. (2) EXPIRED AMOUNTS APPORTIONED FOR GEN- ERAL 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, pro- vided that— (i) amounts made available under para- graph (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 para- graph (2)(A) that are not obligated by July 1 of the fiscal year in which the funds will expire shall be made available for all projects in accordance with section 47115(d)(2). (B) STATE BLOCK GRANT PROGRAM.—If an amount apportioned to an airport under sec- tion 47114(d)(2)(A) is not obligated within the time specified in paragraph (1), and the air- port is located in a State participating in the State block grant program under section 47128, the amount shall be made available to that State under the same conditions as if the State had been apportioned the amount under section 47114(d)(2)(B). (c) PRIMARY AIRPORTS.—(1) An amount appor- tioned to a sponsor of a primary airport under section 47114(c)(1) of this title is available for grants for any public-use airport of the sponsor included in the national plan of integrated air- port systems. (2) WAIVER.—A sponsor of an airport may make an agreement with the Secretary of