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

Page 1583 TITLE 49—TRANSPORTATION § 47104 2012—Subsec. (a). Pub. L. 112–95, § 152(a)(1)(A), sub- stituted ‘‘the airport system to’’ for ‘‘each airport to’’ in introductory provisions. Subsec. (a)(1). Pub. L. 112–95, § 152(a)(1)(B), substituted ‘‘system, including connection to the surface transpor- tation network; and’’ for ‘‘system in the particular area;’’. Subsec. (a)(2). Pub. L. 112–95, § 152(a)(1)(C), substituted period at end for ‘‘; and’’. Subsec. (a)(3). Pub. L. 112–95, § 152(a)(1)(D), struck out par. (3) which read as follows: ‘‘forecasted develop- ments in other modes of intercity transportation.’’ Subsec. (b). Pub. L. 112–95, § 152(a)(2), inserted ‘‘and’’ at end of par. (1), redesignated par. (3) as (2) and struck out ‘‘, Short Takeoff and Landing/Very Short Takeoff and Landing aircraft operations,’’ after ‘‘air cargo oper- ations’’, and struck out former par. (2) which read as follows: ‘‘consider tall structures that reduce safety or airport capacity; and’’. Subsec. (d). Pub. L. 112–95, § 152(a)(3), struck out ‘‘sta- tus of the’’ before ‘‘plan’’. Statutory Notes and Related Subsidiaries POPULOUS COUNTIES WITHOUT AIRPORTS Pub. L. 118–63, title VII, § 732, May 16, 2024, 138 Stat. 1273, provided that: ‘‘Notwithstanding any other provi- sion of law, the Secretary [of Transportation] may not deny inclusion in the national plan of integrated air- port systems maintained under section 47103 of title 49, United States Code, to an airport or proposed airport if the airport or proposed airport— ‘‘(1) is located in the most populous county (as such term is defined in section 2 of title 1, United States Code) of a State that does not have an airport listed in the national plan; ‘‘(2) has an airport sponsor that was established be- fore January 1, 2017; ‘‘(3) is located more than 15 miles away from an- other airport listed in the national plan; ‘‘(4) demonstrates how the airport will meet the operational activity required, through a forecast validated by the Secretary, within the first 10 years of operation; ‘‘(5) meets FAA [Federal Aviation Administration] airport design standards; ‘‘(6) submits a benefit-cost analysis; ‘‘(7) presents a detailed financial plan to accom- plish construction and ongoing maintenance; and ‘‘(8) has the documented support of the State gov- ernment for the entry of the airport or proposed air- port into the national plan.’’ § 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 Transpor- tation may make project grants under this sub- chapter 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 as soon as the amounts are appor- tioned under section 47114(c) and (d)(2) of this title. (c) EXPIRATION OF AUTHORITY.—After Sep- tember 30, 2028, the Secretary may not incur ob- ligations under subsection (b) of this section, ex- cept for obligations of amounts— (1) remaining available after that date under section 47117(b) of this title; or (2) recovered by the United States Govern- ment 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. (Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1252; Pub. L. 103–305, title I, § 101(b), Aug. 23, 1994, 108 Stat. 1571; Pub. L. 103–429, § 6(63), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104–264, title I, § 101(b), Oct. 9, 1996, 110 Stat. 3216; Pub. L. 105–277, div. C, title I, § 110(b)(2), Oct. 21, 1998, 112 Stat. 2681–587; Pub. L. 106–6, § 2(b), Mar. 31, 1999, 113 Stat. 10; Pub. L. 106–31, title VI, § 6002(b), May 21, 1999, 113 Stat. 113; Pub. L. 106–59, § 1(b), Sept. 29, 1999, 113 Stat. 482; Pub. L. 106–181, title I, § 101(b), Apr. 5, 2000, 114 Stat. 65; Pub. L. 108–176, title I, § 101(b), Dec. 12, 2003, 117 Stat. 2494; Pub. L. 110–190, § 4(b), Feb. 28, 2008, 122 Stat. 644; Pub. L. 110–253, § 4(b), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, § 4(b), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, § 4(b), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, § 4(b), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, § 4(b), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, § 4(b), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, § 4(b), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, § 4(b), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, § 103, Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, § 4(b), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, § 4(b), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, § 4(b), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, § 4(b), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, § 4(b), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, § 4(b), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, § 204(b), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, § 4(b), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, § 101(b), Feb. 14, 2012, 126 Stat. 15; Pub. L. 114–55, title I, § 101(b), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, § 101(b), Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, § 1101(b), July 15, 2016, 130 Stat. 617; Pub. L. 115–63, title I, § 101(b), Sept. 29, 2017, 131 Stat. 1169; Pub. L. 115–141, div. M, title I, § 101(b), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title I, § 111(b), Oct. 5, 2018, 132 Stat. 3199; Pub. L. 118–15, div. B, title II, § 2201(d), Sept. 30, 2023, 137 Stat. 82; Pub. L. 118–34, title I, § 101(d), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118–41, title I, § 101(d), Mar. 8, 2024, 138 Stat. 21; Pub. L. 118–63, title I, § 101(b), May 16, 2024, 138 Stat. 1033.) HISTORICAL AND REVISION NOTES PUB. L. 103–272 Revised Section Source (U.S. Code) Source (Statutes at Large) 47104(a) ...... 49 App.:2202(a)(24). Sept. 3, 1982, Pub. L. 97–248, § 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, § 103(c)(1), 101 Stat. 1488. 49 App.:2204(a) (1st sentence). Sept. 3, 1982, Pub. L. 97–248, § 505(a) (1st sentence), 96 Stat. 676. 47104(b) ...... 49 App.:2204(b)(1) (1st sentence). Sept. 3, 1982, Pub. L. 97–248, § 505(b)(1), 96 Stat. 677; Nov. 5, 1990, Pub. L. 101–508, § 9104(2), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, § 102(b), 106 Stat. 4877. 47104(c) ...... 49 App.:2204(b)(1) (last sentence). In subsection (a), the words ‘‘project grants’’ are sub- stituted for ‘‘grants . . . for airport development and airport planning by project grants’’ in 49 App.:2204(a) to eliminate unnecessary words and because of the defini- tions of ‘‘project’’ and ‘‘project grant’’ in section 47102 of the revised title. Page 1584 TITLE 49—TRANSPORTATION § 47104 In subsection (b), the words ‘‘and such authority shall exist with respect to funds available for the making of grants for any fiscal year or part thereof pursuant to subsection (a) of this section’’ are omitted as surplus. In subsection (c), the words ‘‘except for obligations of amounts’’ are substituted for ‘‘except that nothing in this section shall preclude the obligation by grant agreement of apportioned funds’’ to eliminate unneces- sary words. PUB. L. 103–429 Revised Section Source (U.S. Code) Source (Statutes at Large) 47104(c) ...... 49 App.:2204(b)(1) (last sentence). 49App.:2204 note. Sept. 3, 1982, Pub. L. 97–248, § 505(b)(1) (last sentence), as amended May 26, 1994, Pub. L. 103–260, § 109, 108 Stat. 700. In subsection (c), the text of section 109(b) of the Air- port Improvement Program Temporary Extension Act of 1994 (Public Law 103–260, 108 Stat. 700) is omitted as executed. Editorial Notes AMENDMENTS 2024—Subsec. (c). Pub. L. 118–63 substituted ‘‘Sep- tember 30, 2028’’ for ‘‘May 10, 2024’’ in introductory pro- visions. Pub. L. 118–41 substituted ‘‘May 10, 2024,’’ for ‘‘March 8, 2024,’’ in introductory provisions. 2023—Subsec. (c). Pub. L. 118–34 substituted ‘‘March 8, 2024,’’ for ‘‘December 31, 2023,’’ in introductory provi- sions. Pub. L. 118–15 substituted ‘‘December 31, 2023,’’ for ‘‘September 30, 2023,’’ in introductory provisions. 2018—Subsec. (c). Pub. L. 115–254 substituted ‘‘2023,’’ for ‘‘2018,’’ in introductory provisions. Pub. L. 115–141 substituted ‘‘September 30, 2018,’’ for ‘‘March 31, 2018,’’ in introductory provisions. 2017—Subsec. (c). Pub. L. 115–63 substituted ‘‘March 31, 2018,’’ for ‘‘September 30, 2017,’’ in introductory pro- visions. 2016—Subsec. (c). Pub. L. 114–190 substituted ‘‘Sep- tember 30, 2017,’’ for ‘‘July 15, 2016,’’ in introductory provisions. Pub. L. 114–141 substituted ‘‘July 15, 2016,’’ for ‘‘March 31, 2016,’’ in introductory provisions. 2015—Subsec. (c). Pub. L. 114–55 substituted ‘‘March 31, 2016,’’ for ‘‘September 30, 2015,’’ in introductory pro- visions. 2012—Subsec. (c). Pub. L. 112–95 substituted ‘‘After September 30, 2015,’’ for ‘‘After February 17, 2012,’’ in introductory provisions. Pub. L. 112–91 substituted ‘‘February 17, 2012,’’ for ‘‘January 31, 2012,’’ in introductory provisions. 2011—Subsec. (c). Pub. L. 112–30 substituted ‘‘January 31, 2012,’’ for ‘‘September 16, 2011,’’ in introductory pro- visions. Pub. L. 112–27 substituted ‘‘September 16, 2011,’’ for ‘‘July 22, 2011,’’ in introductory provisions. Pub. L. 112–21 substituted ‘‘July 22, 2011,’’ for ‘‘June 30, 2011,’’ in introductory provisions. Pub. L. 112–16 substituted ‘‘June 30, 2011,’’ for ‘‘May 31, 2011,’’ in introductory provisions. Pub. L. 112–7 substituted ‘‘May 31, 2011,’’ for ‘‘March 31, 2011,’’ in introductory provisions. 2010—Subsec. (c). Pub. L. 111–329 substituted ‘‘March 31, 2011,’’ for ‘‘December 31, 2010,’’ in introductory pro- visions. Pub. L. 111–249 substituted ‘‘December 31, 2010,’’ for ‘‘September 30, 2010,’’ in introductory provisions. Pub. L. 111–216 substituted ‘‘September 30, 2010,’’ for ‘‘August 1, 2010,’’ in introductory provisions. Pub. L. 111–197 substituted ‘‘August 1, 2010,’’ for ‘‘July 3, 2010,’’ in introductory provisions. Pub. L. 111–161 substituted ‘‘July 3, 2010,’’ for ‘‘April 30, 2010,’’ in introductory provisions. Pub. L. 111–153 substituted ‘‘April 30, 2010,’’ for ‘‘March 31, 2010,’’ in introductory provisions. 2009—Subsec. (c). Pub. L. 111–116 substituted ‘‘March 31, 2010,’’ for ‘‘December 31, 2009,’’ in introductory pro- visions. Pub. L. 111–69 substituted ‘‘December 31, 2009,’’ for ‘‘September 30, 2009,’’ in introductory provisions. Pub. L. 111–12 substituted ‘‘September 30, 2009,’’ for ‘‘March 31, 2009,’’ in introductory provisions. 2008—Subsec. (c). Pub. L. 110–330 substituted ‘‘March 31, 2009,’’ for ‘‘September 30, 2008,’’ in introductory pro- visions. Pub. L. 110–253 substituted ‘‘September 30, 2008,’’ for ‘‘June 30, 2008,’’ in introductory provisions. Pub. L. 110–190 substituted ‘‘June 30, 2008,’’ for ‘‘Sep- tember 30, 2007,’’ in introductory provisions. 2003—Subsec. (c). Pub. L. 108–176 substituted ‘‘Sep- tember 30, 2007’’ for ‘‘September 30, 2003’’ in introduc- tory provisions. 2000—Subsec. (c). Pub. L. 106–181 substituted ‘‘Sep- tember 30, 2003,’’ for ‘‘September 30, 1999,’’ in introduc- tory provisions. 1999—Subsec. (c). Pub. L. 106–59 substituted ‘‘Sep- tember 30, 1999’’ for ‘‘August 6, 1999’’ in introductory provisions. Pub. L. 106–31 substituted ‘‘August 6, 1999’’ for ‘‘May 31, 1999’’ in introductory provisions. Pub. L. 106–6 substituted ‘‘May’’ for ‘‘March’’ in in- troductory provisions. 1998—Subsec. (c). Pub. L. 105–277 substituted ‘‘March 31, 1999’’ for ‘‘September 30, 1998’’ in introductory provi- sions. 1996—Subsec. (c). Pub. L. 104–264 substituted ‘‘1998’’ for ‘‘1996’’ in introductory provisions. 1994—Subsec. (c). Pub. L. 103–429 reenacted heading without change and amended text generally. Prior to amendment, text read as follows: ‘‘After September 30, 1996, the Secretary may not incur obligations under subsection (b) of this section, except for obligations of amounts remaining available after that date under sec- tion 47117(b) of this title.’’ Pub. L. 103–305 substituted ‘‘After September 30, 1996, the Secretary’’ for ‘‘After September 30, 1993, the Sec- retary’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Pub. L. 110–253, § 4(c), June 30, 2008, 122 Stat. 2418, pro- vided that: ‘‘The amendments made by this section [amending this section and section 48103 of this title] shall take effect on July 1, 2008.’’ 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. 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. Page 1585 TITLE 49—TRANSPORTATION § 47104 REMOTE TOWER PILOT PROGRAM FOR RURAL AND SMALL COMMUNITIES Pub. L. 115–254, div. B, title I, § 161, Oct. 5, 2018, 132 Stat. 3221, as amended by Pub. L. 118–15, div. B, title II, § 2202(o), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, § 102(o), Dec. 26, 2023, 137 Stat. 1114; Pub. L. 118–41, title I, § 102(o), Mar. 8, 2024, 138 Stat. 22; Pub. L. 118–63, title VI, § 621(d), May 16, 2024, 138 Stat. 1237, provided that: ‘‘(a) PILOT PROGRAM.— ‘‘(1) ESTABLISHMENT.—The Administrator of the Federal Aviation Administration shall establish— ‘‘(A) in consultation with airport operators and other aviation stakeholders, a pilot program at public-use airports to construct and operate remote towers in order to assess their operational benefits; ‘‘(B) a selection process for participation in the pilot program; and ‘‘(C) a clear process for the safety and operational certification of the remote towers. ‘‘(2) SAFETY CONSIDERATIONS.— ‘‘(A) SAFETY RISK MANAGEMENT PANEL.—Prior to the operational use of a remote tower under the pilot program established in subsection (a), the Ad- ministrator shall convene a safety risk manage- ment panel for the tower to address any safety issues with respect to the tower. The panels shall be created and utilized in a manner similar to that of the safety risk management panels previously convened for remote towers and shall take into ac- count existing best practices and operational data from existing remote towers in the United States. ‘‘(B) CONSULTATION.—In establishing the pilot program, the Administrator shall consult with op- erators of remote towers in the United States and foreign countries to design the pilot program in a manner that leverages as many safety and airspace efficiency benefits as possible. ‘‘(3) APPLICATIONS.—The operator of an airport seeking to participate in the pilot program shall sub- mit to the Administrator an application that is in such form and contains such information as the Ad- ministrator may require. ‘‘(4) PROGRAM DESIGN.—In designing the pilot pro- gram, the Administrator shall— ‘‘(A) to the maximum extent practicable, ensure that at least 2 different vendors of remote tower systems participate; ‘‘(B) identify which air traffic control informa- tion and data will assist the Administrator in eval- uating the feasibility, safety, costs, and benefits of remote towers; ‘‘(C) implement processes necessary to collect the information and data identified in subparagraph (B); ‘‘(D) develop criteria, in addition to considering possible selection criteria in paragraph (5), for the selection of airports that will best assist the Ad- ministrator in evaluating the feasibility, safety, costs, and benefits of remote towers, including the amount and variety of air traffic at an airport; and ‘‘(E) prioritize the selection of airports that can best demonstrate the capabilities and benefits of remote towers, including applicants proposing to operate multiple remote towers from a single facil- ity. ‘‘(5) SELECTION CRITERIA FOR CONSIDERATION.—In se- lecting airports for participation in the pilot pro- gram, the Administrator, after consultation with rep- resentatives of labor organizations representing oper- ators and employees of the air traffic control system, shall consider for participation in the pilot program— ‘‘(A) 1 nonhub airport; ‘‘(B) 3 airports that are not primary airports and that do not have existing air traffic control towers; ‘‘(C) 1 airport that participates in the Contract Tower Program; and ‘‘(D) 1 airport selected at the discretion of the Ad- ministrator. ‘‘(6) DATA.—The Administrator shall clearly iden- tify and collect air traffic control information and data from participating airports that will assist the Administrator in evaluating the feasibility, safety, costs, and benefits of remote towers. ‘‘(7) REPORT.—Not later than 1 year after the date the first remote tower is operational, and annually thereafter, the Administrator shall submit to the ap- propriate committees of Congress [Committee on Commerce, Science, and Transportation of the Sen- ate and Committee on Transportation and Infrastruc- ture of the House of Representatives] a report— ‘‘(A) detailing any benefits, costs, or safety im- provements associated with the use of the remote towers; and ‘‘(B) evaluating the feasibility of using remote towers, particularly in the Contract Tower Pro- gram, for airports without an air traffic control tower, to improve safety at airports with towers, or to reduce costs without impacting safety at air- ports with or without existing towers. ‘‘(8) DEADLINE.—Not later than 1 year after the date of enactment of this Act [Oct. 5, 2018], the Adminis- trator shall select airports for participation in the pilot program. ‘‘(9) DEFINITIONS.—In this subsection: ‘‘(A) CONTRACT TOWER PROGRAM.—The term ‘Con- tract Tower Program’ has the meaning given the term in section 47124(e) of title 49, United States Code, as added by this Act. ‘‘(B) REMOTE TOWER.—The term ‘remote tower’ means a remotely operated air navigation facility, including all necessary system components, that provides the functions and capabilities of an air traffic control tower whereby air traffic services are provided to operators at an airport from a loca- tion that may not be on or near the airport. ‘‘(C) OTHER DEFINITIONS.—The terms ‘nonhub air- port’, ‘primary airport’, and ‘public-use airport’ have the meanings given such terms in section 47102 of title 49, United States Code. ‘‘(10) SUNSET.—This subsection, including the re- port required under paragraph (8), shall not be in ef- fect after September 30, 2028. ‘‘(b) REMOTE TOWER PROGRAM.—Concurrent with the establishment of the process for safety and operational certification of remote towers under subsection (a)(1)(C), the Administrator shall establish a process to authorize the construction and commissioning of addi- tional remote towers that are certificated under sub- section (a)(1)(C) at other airports. ‘‘(c) AIP FUNDING ELIGIBILITY.—For purposes of the pilot program under subsection (a), and after certifi- cated remote towers are available under subsection (b), constructing a remote tower or acquiring and install- ing air traffic control, communications, or related equipment specifically for a remote tower shall be con- sidered airport development (as defined in section 47102 of title 49, United States Code) for purposes of sub- chapter I of chapter 471 of that title if the components are installed and used at the airport, except, as needed, for off-airport sensors installed on leased towers.’’ ENVIRONMENTAL MITIGATION PILOT PROGRAM Pub. L. 115–254, div. B, title I, § 190, Oct. 5, 2018, 132 Stat. 3237, as amended by Pub. L. 118–63, title VII, § 785, May 16, 2024, 138 Stat. 1313, provided that: ‘‘(a) IN GENERAL.—The Secretary of Transportation may carry out a pilot program involving not more than 6 projects in each fiscal year at public-use airports in accordance with this section. ‘‘(b) GRANTS.—In carrying out the program, the Sec- retary may make grants to sponsors of public-use air- ports from funds apportioned under section 47117(e)(1)(A) of title 49, United States Code. ‘‘(c) USE OF FUNDS.—Amounts from a grant received by the sponsor of a public-use airport under the pro- gram shall be used for environmental mitigation projects that will measurably reduce or mitigate avia- tion impacts on noise, air quality, or water quality at the airport or within 5 miles of the airport. 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