49 U.S.C. § 47128 — State block grant program

Page 1654 TITLE 49—TRANSPORTATION § 47128 consistent with regional airport system plans fi- nanced under section 13(b) of the Airport and Airway Development Act of 1970, the Secretary of Transportation may carry out ground trans- portation demonstration projects to improve ground access to air carrier airport terminals. The Secretary may carry out a demonstration project independently or by grant or contract, including an agreement with another depart- ment, agency, or instrumentality of the United States Government. (b) PRIORITY.—In carrying out this section, the Secretary shall give priority to a demonstration project that— (1) affects an airport in an area with an oper- ating regional rapid transit system with exist- ing facilities reasonably near the airport; (2) includes connection of the airport ter- minal to that system; (3) is consistent with and supports a regional airport system plan adopted by the planning agency for the region and submitted to the Secretary; and (4) improves access to air transportation for individuals residing or working in the region by encouraging the optimal balance of use of airports in the region. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1277.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 47127(a) ...... 49 App.:1713a(1). July 12, 1976, Pub. L. 94–353, § 23(a), 90 Stat. 884. 47127(b) ...... 49 App.:1713a(2). In subsection (a), the words ‘‘To improve’’ are sub- stituted for ‘‘which he determines will assist the im- provement of’’ to eliminate unnecessary words. In subsection (b)(2), the word ‘‘facilities’’ is omitted as surplus. Editorial Notes REFERENCES IN TEXT Section 13(b) of the Airport and Airway Development Act of 1970, referred to in subsec. (a), is section 13(b) of Pub. L. 91–258, which was classified to section 1713(b) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, § 523(a), Sept. 3, 1982, 96 Stat. 695. § 47128. State block grant program (a) GENERAL REQUIREMENTS.—The Secretary of Transportation shall issue guidance to carry out a State block grant program. The guidance shall provide that the Secretary may designate not more than 20 qualified States for each fiscal year to assume administrative responsibility for all airport grant amounts available under this subchapter, except for amounts designated for use at primary airports. (b) APPLICATIONS AND SELECTION.—A State wishing to participate in the program must sub- mit an application to the Secretary. The Sec- retary shall select a State on the basis of its ap- plication only after— (1) deciding the State has an organization capable of effectively administering a block grant made under this section; (2) deciding the State uses a satisfactory air- port system planning process; (3) deciding the State uses a programming process acceptable to the Secretary; (4) finding that the State has agreed to com- ply with United States Government standard requirements for administering the block grant, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Execu- tive orders, agency regulations and guidance, and other Federal environmental require- ments; and (5) finding that the State has agreed to pro- vide the Secretary with program information the Secretary requires. (c) SAFETY AND SECURITY NEEDS AND NEEDS OF SYSTEM.—Before deciding whether a planning process is satisfactory or a programming process is acceptable under subsection (b)(2) or (b)(3) of this section, the Secretary shall ensure that the process provides for meeting critical safety and security needs and that the programming proc- ess ensures that the needs of the national air- port system will be addressed in deciding which projects will receive money from the Govern- ment. In carrying out this subsection, the Sec- retary shall permit a State to use the priority system of the State if such system is not incon- sistent with the national priority system. (d) ENVIRONMENTAL ANALYSIS AND COORDINA- TION REQUIREMENTS.—A Federal agency, other than the Federal Aviation Administration, that is responsible for issuing an approval, license, or permit to ensure compliance with a Federal en- vironmental requirement applicable to a project or activity to be carried out by a State using amounts from a block grant made under this section shall— (1) coordinate and consult with the State; (2) use the environmental analysis prepared by the State for the project or activity if such analysis is adequate; and (3) as necessary, consult with the State to describe the supplemental analysis the State must provide to meet applicable Federal re- quirements. (e) TRAINING FOR PARTICIPATING STATES.— (1) IN GENERAL.—The Secretary shall provide to each State participating in the block grant program under this section training or up- dated training materials for the administra- tive responsibilities assumed by the State under such program at no cost to the State. (2) TIMING.—The training or updated train- ing materials provided under paragraph (1) shall be provided at least once during each 2- year period and at any time there is a mate- rial change in the program. (f) ROLES AND RESPONSIBILITIES OF PARTICI- PATING STATES.— (1) AIRPORTS.—Unless a State participating in the block grant program under this section expressly agrees in a memorandum of agree- ment, the Secretary shall not require the State to manage functions and responsibilities for airport actions or projects that do not re- late to such program. (2) PROGRAM DOCUMENTATION.— (A) IN GENERAL.—Any grant agreement providing funds to be administered under such program shall be consistent with the Page 1655 TITLE 49—TRANSPORTATION § 47128 most recently executed memorandum of agreement between the State and the Fed- eral Aviation Administration. (B) PARITY.—The Administrator of the Federal Aviation Administration shall pro- vide parity to participating States and shall only require the same type of information and level of detail for any program agree- ments and documentation that the Adminis- trator would perform with respect to such action if the State did not participate in the program. (3) RESPONSIBILITIES.—Unless the State ex- pressly agrees to retain responsibility, the Ad- ministrator shall retain responsibility for the following: (A) Grant compliance investigations, de- terminations, and enforcement. (B) Obstruction evaluation and airport air- space analysis, determinations, and enforce- ment off airport property. (C) Non-rulemaking analysis, determina- tions, and enforcement for proposed im- provements on airport properties not associ- ated with this subchapter, or off airport property. (D) Land use determinations, compat- ibility planning, and airport layout plan re- view and approval (consistent with section 47107(x)) for projects not funded by amounts available under this subchapter. (E) Nonaeronautical and special event rec- ommendations and approvals. (F) Instrument approach procedure evalua- tions and determinations. (G) Environmental review for projects not funded by amounts available under this sub- chapter. (H) Review and approval of land leases, land releases, changes in on-airport land-use designation, and through-the-fence agree- ments. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1277; Pub. L. 103–429, § 6(70), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 104–264, title I, § 147(a)–(c)(1), Oct. 9, 1996, 110 Stat. 3223; Pub. L. 104–287, § 5(84), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105–102, § 3(d)(1)(E), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106–181, title I, § 138, Apr. 5, 2000, 114 Stat. 85; Pub. L. 112–95, title V, § 502, Feb. 14, 2012, 126 Stat. 103; Pub. L. 115–254, div. B, title I, § 139, Oct. 5, 2018, 132 Stat. 3210; Pub. L. 118–63, title VII, § 720(a), (b), May 16, 2024, 138 Stat. 1262.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 47128(a) ...... 49 App.:2227(a) (1st sentence), (b) (1st sentence). Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 534; added Dec. 30, 1987, Pub. L. 100–223, § 116, 101 Stat. 1507; Nov. 5, 1990, Pub. L. 101–508, § 9114, 104 Stat. 1388–364; Oct. 31, 1992, Pub. L. 102–581, § 116, 106 Stat. 4881. 47128(b)(1) .. 49 App.:2227(c) (1st, 2d sentences). 47128(b)(2) .. 49 App.:2227(b) (last sentence). 47128(c) ...... 49 App.:2227(c) (last sentence). 47128(d) ...... 49 App.:2227(a) (last sentence), (d). In subsection (a), the words ‘‘Not later than 180 days after December 30, 1987’’ and ‘‘to become effective on October 1, 1989’’ are omitted as obsolete. In subsection (b)(1)(A), the words ‘‘agency or’’ are omitted as surplus. In subsection (b)(1)(D), the words ‘‘procedural and other’’ are omitted as surplus. In subsection (d), the text of 49 App.:2227(d) is omitted as executed. PUB. L. 103–429 This amends 49:47128(c) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1278). PUB. L. 104–287 This makes a clarifying amendment to the catchline for 49:47128(d). Editorial Notes REFERENCES IN TEXT The National Environmental Policy Act of 1969, re- ferred to in subsec. (b)(4), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Wel- fare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables. AMENDMENTS 2024—Subsec. (e). Pub. L. 118–63, § 720(a), added subsec. (e). Subsec. (f). Pub. L. 118–63, § 720(b), added subsec. (f). 2018—Subsec. (a). Pub. L. 115–254 substituted ‘‘not more than 20 qualified States for each fiscal year’’ for ‘‘not more than 9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter’’. 2012—Subsec. (a). Pub. L. 112–95, § 502(a), substituted ‘‘issue guidance’’ for ‘‘prescribe regulations’’ in first sentence and ‘‘guidance’’ for ‘‘regulations’’ in second sentence. Subsec. (b)(4). Pub. L. 112–95, § 502(b), inserted before semicolon ‘‘, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal en- vironmental requirements’’. Subsec. (d). Pub. L. 112–95, § 502(c), added subsec. (d). 2000—Subsec. (a). Pub. L. 106–181 substituted ‘‘9 quali- fied States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter’’ for ‘‘8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter’’. 1997—Subsec. (d). Pub. L. 105–102 repealed Pub. L. 104–287, § 5(84). See 1996 Amendment note below. 1996—Pub. L. 104–264, § 147(c)(1)(A), substituted ‘‘grant program’’ for ‘‘grant pilot program’’ in section catch- line. Subsec. (a). Pub. L. 104–264, § 147(a)(1), (c)(1)(B), sub- stituted ‘‘block grant program’’ for ‘‘block grant pilot program’’ and ‘‘8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter’’ for ‘‘7 qualified States’’. Subsec. (b). Pub. L. 104–264, § 147(a)(2), (3), struck out ‘‘(1)’’ before ‘‘A State wishing’’, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and struck out former par. (2) which read as follows: ‘‘For the fiscal years ending September 30, 1993–1996, the States se- lected shall include Illinois, Missouri, and North Caro- lina.’’ Subsec. (c). Pub. L. 104–264, § 147(b), substituted ‘‘(b)(2) or (b)(3)’’ for ‘‘(b)(1)(B) or (C)’’ and inserted at end ‘‘In carrying out this subsection, the Secretary shall per- mit a State to use the priority system of the State if such system is not inconsistent with the national pri- ority system.’’ Subsec. (d). Pub. L. 104–287, § 5(84), which directed amendment of heading by striking ‘‘and report’’, was repealed by Pub. L. 105–102. Page 1656 TITLE 49—TRANSPORTATION § 47129 Pub. L. 104–264, § 147(c)(1)(C), struck out subsec. (d) which read as follows: ‘‘(d) ENDING EFFECTIVE DATE AND REPORT.—This sec- tion is effective only through September 30, 1996.’’ 1994—Subsec. (c). Pub. L. 103–429 substituted ‘‘sub- section (b)(1)(B) or (C)’’ for ‘‘subsection (b)(2) or (3)’’. Statutory Notes and Related Subsidiaries 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 1997 AMENDMENT Pub. L. 105–102, § 3(d), Nov. 20, 1997, 111 Stat. 2215, pro- vided that the amendment made by section 3(d)(1)(E) is effective Oct. 11, 1996. Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, 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. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title. § 47129. Resolution of disputes concerning air- port fees (a) AUTHORITY TO REQUEST SECRETARY’S DE- TERMINATION.— (1) IN GENERAL.—The Secretary of Transpor- tation shall issue a determination as to wheth- er a fee imposed upon one or more air carriers or foreign air carriers (as those terms are de- fined in section 40102) by the owner or operator of an airport is reasonable if— (A) a written request for such determina- tion is filed with the Secretary by such owner or operator; or (B) a written complaint requesting such determination is filed with the Secretary by an affected air carrier or foreign air carrier within 60 days after such carrier receives written notice of the establishment or in- crease of such fee. (2) CALCULATION OF FEE.—A fee subject to a determination of reasonableness under this section may be calculated pursuant to either a compensatory or residual fee methodology or any combination thereof. (3) SECRETARY NOT TO SET FEE.—In deter- mining whether a fee is reasonable under this section, the Secretary may only determine whether the fee is reasonable or unreasonable and shall not set the level of the fee. (4) FEES IMPOSED BY PRIVATELY-OWNED AIR- PORTS.—In evaluating the reasonableness of a fee imposed by an airport receiving an exemp- tion under section 47134 of this title, the Sec- retary shall consider whether the airport has complied with section 47134(c)(4). (b) PROCEDURAL REGULATIONS.—Not later than 90 days after August 23, 1994, the Secretary shall publish in the Federal Register final regula- tions, policy statements, or guidelines estab- lishing— (1) the procedures for acting upon any writ- ten request or complaint filed under sub- section (a)(1); and (2) the standards or guidelines that shall be used by the Secretary in determining under this section whether an airport fee is reason- able. (c) DECISIONS BY SECRETARY.—The final regu- lations, policy statements, or guidelines re- quired in subsection (b) shall provide the fol- lowing: (1) Not more than 120 days after an air car- rier or foreign air carrier files with the Sec- retary a written complaint relating to an air- port fee, the Secretary shall issue a final order determining whether such fee is reasonable. (2) Within 30 days after such complaint is filed with the Secretary, the Secretary shall dismiss the complaint if no significant dispute exists or shall assign the matter to an admin- istrative law judge; and thereafter the matter shall be handled in accordance with part 302 of title 14, Code of Federal Regulations, or as modified by the Secretary to ensure an orderly disposition of the matter within the 120-day period and any specifically applicable provi- sions of this section. (3) The administrative law judge shall issue a recommended decision within 60 days after the complaint is assigned or within such shorter period as the Secretary may specify. (4) If the Secretary, upon the expiration of 120 days after the filing of the complaint, has not issued a final order, the decision of the ad- ministrative law judge shall be deemed to be the final order of the Secretary. (5) Any party to the dispute may seek review of a final order of the Secretary under this subsection in the Circuit Court of Appeals for the District of Columbia Circuit or the court of appeals in the circuit where the airport which gives rise to the written complaint is located. (6) Any findings of fact in a final order of the Secretary under this subsection, if supported by substantial evidence, shall be conclusive if challenged in a court pursuant to this sub- section. No objection to such a final order shall be considered by the court unless objec- tion was urged before an administrative law judge or the Secretary at a proceeding under this subsection or, if not so urged, unless there were reasonable grounds for failure to do so. (d) PAYMENT UNDER PROTEST; GUARANTEE OF AIR CARRIER AND FOREIGN AIR CARRIER AC- CESS.— (1) PAYMENT UNDER PROTEST.— (A) IN GENERAL.—Any fee increase or newly established fee which is the subject of a complaint that is not dismissed by the Secretary shall be paid by the complainant air carrier or foreign air carrier to the air- port under protest. (B) REFERRAL OR CREDIT.—Any amounts paid under this subsection by a complainant air carrier or foreign air carrier to the air- port under protest shall be subject to refund