§47107. Project grant application approval conditioned on assurances about airport operations
(a)
(1) the airport will be available for public use on reasonable conditions and without unjust discrimination;
(2) air carriers making similar use of the airport will be subject to substantially comparable charges-
(A) for facilities directly and substantially related to providing air transportation; and
(B) regulations and conditions, except for differences based on reasonable classifications, such as between-
(i) tenants and nontenants; and
(ii) signatory and nonsignatory carriers;
(3) the airport operator will not withhold unreasonably the classification or status of tenant or signatory from an air carrier that assumes obligations substantially similar to those already imposed on air carriers of that classification or status;
(4) a person providing, or intending to provide, aeronautical services to the public will not be given an exclusive right to use the airport, 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 costly, burdensome, or impractical for more than one fixed-base operator to provide the services; and
(B) allowing more than one fixed-base operator to provide the services would require reducing the space leased under an existing agreement between the one fixed-base operator 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 service itself or use any fixed-base operator allowed 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 maintained suitably, with consideration given to climatic and flood conditions;
(8) a proposal to close the airport temporarily for a nonaeronautical purpose must first be approved by the Secretary;
(9) appropriate action will be taken to ensure that terminal airspace required to protect instrument and visual operations to the airport (including operations at established minimum flight altitudes) will be cleared and protected by mitigating existing, and preventing future, airport hazards;
(10) appropriate action, including the adoption 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 operations;
(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 common 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 maintaining the facility used;
(12) the airport owner or operator will provide, without charge to the Government, property interests of the sponsor in land or water areas or buildings that the Secretary decides are desirable for, and that will be used for, constructing at Government expense, facilities for carrying out activities related to air traffic control or navigation;
(13) the airport owner or operator will maintain a schedule of charges for use of facilities and services at the airport-
(A) that will make the airport as self-sustaining as possible under the circumstances existing at the airport, including volume of traffic and economy of collection; and
(B) without including in the rate base used for the charges the Government's share of costs for any project for which a grant is made under this subchapter or was made under the Federal Airport Act or the Airport and Airway Development Act of 1970;
(14) the project accounts and records will be kept using a standard system of accounting that the Secretary, after consulting with appropriate public agencies, prescribes;
(15) the airport owner or operator will submit any annual or special airport financial and operations reports to the Secretary that the Secretary reasonably requests and make such reports available to the public;
(16) the airport owner or operator will maintain a current layout plan of the airport that meets the following requirements:
(A) the plan will be in a form the Secretary prescribes;
(B) subject to subsection (x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect;
(C) the owner or operator will not make or allow any alteration in the airport or any of its facilities unless the alteration-
(i) is outside the scope of the Secretary's review and approval authority as set forth in subsection (x); or
(ii) complies with the portions of the plan approved by the Secretary; and
(D) when an alteration in the airport or its facility is made that is within the scope of the Secretary's review and approval authority as set forth in subparagraph (B), and does not conform with the portions of the plan approved by the Secretary, and the Secretary decides that the alteration adversely affects the safety, utility, or efficiency of aircraft operations, or of any property on or off the airport that is owned, leased, or financed by the Government, then the owner or operator will, if requested by the Secretary-
(i) eliminate the adverse effect in a way the Secretary approves; or
(ii) bear all cost of relocating the property or its replacement to a site acceptable to the Secretary and of restoring the property or its replacement to the level of safety, utility, efficiency, and cost of operation that existed before the alteration was made, except in the case of a relocation or replacement of an existing airport facility that meets the conditions of section 47110(d);
(17) if any phase of such project has received funds under this subchapter, each contract and subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, and related services will be awarded in the same way that a contract for architectural and engineering services is negotiated under chapter 11 of title 40 or an equivalent qualifications-based requirement prescribed for or by the sponsor;
(18) the airport and each airport record will be available for inspection by the Secretary on reasonable request, and a report of the airport budget will be available to the public at reasonable times and places;
(19) the airport owner or operator will submit to the Secretary and make available to the public an annual report listing in detail-
(A) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and
(B) all services and property provided to other units of government and the amount of compensation received for provision of each such service and property;
(20) the airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport, but the sponsor does not have any obligation under this paragraph, or because of it, to fund special facilities for intercity bus service or for other modes of transportation;
(21) if the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long-term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose; and
(22) the airport owner or operator may not restrict or prohibit the sale or self-fueling of any 100-octane low lead aviation gasoline for purchase or use by operators of general aviation aircraft if such aviation gasoline was available at such airport at any time during calendar year 2022, until the earlier of-
(A) December 31, 2030; or
(B) the date on which the airport or any retail fuel seller at such airport makes available an unleaded aviation gasoline that-
(i) has been authorized for use by the Administrator of the Federal Aviation Administration as a replacement for 100-octane low lead aviation gasoline for use in nearly all piston-engine aircraft and engine models; and
(ii) meets either an industry consensus standard or other standard that facilitates the safe use, production, and distribution of such unleaded aviation gasoline, as determined appropriate by the Administrator.
(b)
(A) the airport;
(B) the local airport system; or
(C) other local facilities owned or operated by the airport owner or operator and directly and substantially related to the air transportation of passengers or property.
(2) Paragraph (1) of this subsection does not apply if a provision enacted not later than September 2, 1982, in a law controlling financing by the airport owner or operator, or a covenant or assurance in a debt obligation issued not later than September 2, 1982, by the owner or operator, provides that the revenues, including local taxes on aviation fuel at public airports, from any of the facilities of the owner or operator, including the airport, be used to support not only the airport but also the general debt obligations or other facilities of the owner or operator.
(3) This subsection does not prevent the use of a State tax on aviation fuel to support a State aviation program or the use of airport revenue on or off the airport for a noise mitigation purpose.
(c)
(A)(i) the land may be needed for an aeronautical purpose (including runway protection zone) or serves as noise buffer land; and
(ii) revenue from interim uses of the land contributes to the financial self-sufficiency of the airport; and
(B) for land purchased with a grant the owner or operator received not later than December 30, 1987, the Secretary of Transportation or the department, agency, or instrumentality of the Government that made the grant was notified by the owner or operator of the use of the land and did not object to the use and the land is still being used for that purpose.
(2) The Secretary of Transportation may approve an application under this subchapter for an airport development project grant only if the Secretary receives written assurances, satisfactory to the Secretary, that if an airport owner or operator has received or will receive a grant for acquiring land and-
(A) if the land was or will be acquired for a noise compatibility purpose (including land serving as a noise buffer either by being undeveloped or developed in a way that is compatible with using the land for noise buffering purposes)-
(i) the owner or operator will dispose of the land at fair market value at the earliest practicable time after the land no longer is needed for a noise compatibility purpose;
(ii) the disposition will be subject to retaining or reserving an interest in the land necessary to ensure that the land will be used in a way that is compatible with noise levels associated with operating the airport; and
(iii) the part of the proceeds from disposing of the land that is proportional to the Government's share of the cost of acquiring the land will be reinvested in another project at the airport or transferred to another airport as the Secretary prescribes under paragraph (4); or
(B) if the land was or will be acquired for an airport purpose (except a noise compatibility purpose)-
(i) the owner or operator, when the land no longer is needed for an airport purpose, will dispose of the land at fair market value or make available to the Secretary an amount equal to the Government's proportional share of the fair market value;
(ii) the disposition will be subject to retaining or reserving an interest in the land necessary to ensure that the land will be used in a way that is compatible with noise levels associated with operating the airport; and
(iii) the part of the proceeds from disposing of the land that is proportional to the Government's share of the cost of acquiring the land will be reinvested in another project at the airport or transferred to another airport as the Secretary prescribes under paragraph (4).
(3) Proceeds referred to in paragraph (2)(A)(iii) and (B)(iii) of this subsection and deposited in the Airport and Airway Trust Fund are available as provided in subsection (f) of this section.
(4) In approving the reinvestment or transfer of proceeds under paragraph (2)(A)(iii) or (2)(B)(iii), the Secretary shall give preference, in descending order, to the following actions:
(A) Reinvestment in an approved noise compatibility project.
(B) Reinvestment in an approved project that is eligible for funding under section 47117(e).
(C) Reinvestment in an approved airport development project that is eligible for funding under section 47114, 47115, or 47117.
(D) Transfer to a sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport.
(E) Payment to the Secretary for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986.
(5)(A) A lease at fair market value by an airport owner or operator of land acquired for a noise compatibility purpose using a grant provided under this subchapter shall not be considered a disposal for purposes of paragraph (2).
(B) The airport owner or operator may use revenues from a lease described in subparagraph (A) for an approved airport development project that is eligible for funding under section 47114, 47115, or 47117.
(C) The Secretary shall coordinate with each airport owner or operator to ensure that leases described in subparagraph (A) are consistent with noise buffering purposes.
(D) The provisions of this paragraph apply to all land acquired before, on, or after the date of enactment of this paragraph.
(d)
(e)
(2) An airport owner or operator may meet the percentage goal of paragraph (1) of this subsection by including any business operated through a management contract or subcontract. The dollar amount of a management contract or subcontract with a disadvantaged business enterprise shall be added to the total participation by disadvantaged business enterprises in airport concessions and to the base from which the airport's percentage goal is calculated. The dollar amount of a management contract or subcontract with a non-disadvantaged business enterprise and the gross revenue of business activities to which the management contract or subcontract pertains may not be added to this base.
(3) Except as provided in paragraph (4) of this subsection, an airport owner or operator may meet the percentage goal of paragraph (1) of this subsection by including the purchase from disadvantaged business enterprises of goods and services used in businesses conducted at the airport, but the owner or operator and the businesses conducted at the airport shall make good faith efforts to explore all available options to achieve, to the maximum extent practicable, compliance with the goal through direct ownership arrangements, including joint ventures and franchises.
(4)(A) In complying with paragraph (1) of this subsection, an airport owner or operator shall include the revenues of car rental firms at the airport in the base from which the percentage goal in paragraph (1) is calculated.
(B) An airport owner or operator may require a car rental firm to meet a requirement under paragraph (1) of this subsection by purchasing or leasing goods or services from a disadvantaged business enterprise. If an owner or operator requires such a purchase or lease, a car rental firm shall be permitted to meet the requirement by including purchases or leases of vehicles from any vendor that qualifies as a small business concern owned and controlled by a socially and economically disadvantaged individual or as a qualified HUBZone small business concern (as defined in section 31(b) of the Small Business Act).
(C) This subsection does not require a car rental firm to change its corporate structure to provide for direct ownership arrangements to meet the requirements of this subsection.
(5) This subsection does not preempt-
(A) a State or local law, regulation, or policy enacted by the governing body of an airport owner or operator; or
(B) the authority of a State or local government or airport owner or operator to adopt or enforce a law, regulation, or policy related to disadvantaged business enterprises.
(6) An airport owner or operator may provide opportunities for a small business concern owned and controlled by a socially and economically disadvantaged individual or a qualified HUBZone small business concern (as defined in section 31(b) of the Small Business Act) to participate through direct contractual agreement with that concern.
(7) An air carrier that provides passenger or property-carrying services or another business that conducts aeronautical activities at an airport may not be included in the percentage goal of paragraph (1) of this subsection for participation of small business concerns at the airport.
(8) Not later than April 29, 1993, the Secretary of Transportation shall prescribe regulations to carry out this subsection.
(f)
(1) subsection (c)(2)(A)(iii) of this section is available to the Secretary of Transportation to make a grant for airport development or airport planning under section 47104 of this title;
(2) subsection (c)(2)(B)(iii) of this section is available to the Secretary-
(A) to make a grant for a purpose described in section 47115(b) of this title; and
(B) for use under section 47114(d)(2) of this title at another airport in the State in which the land was disposed of under subsection (c)(2)(B)(ii) of this section; and
(3) subsection (c)(2)(B)(iii) of this section is in addition to an amount made available to the Secretary under section 48103 of this title and not subject to apportionment under section 47114 of this title.
(g)
(A) shall prescribe requirements for sponsors that the Secretary considers necessary; and
(B) may make a contract with a public agency.
(2) The Secretary of Transportation may approve an application for a project grant only if the Secretary is satisfied that the requirements prescribed under paragraph (1)(A) of this subsection have been or will be met.
(h)
(1)
(A) publish notice of the proposed modification in the Federal Register; and
(B) provide an opportunity for comment on the proposal.
(2)
(i)
(j)
(A) "duty-free merchandise" and "duty-free sales enterprise" have the same meanings given those terms in section 555(b)(8) of the Tariff Act of 1930 (19 U.S.C. 1555(b)(8)).
(B) "highway" and "Federal-aid system" have the same meanings given those terms in section 101(a) of title 23.
(2) Notwithstanding subsection (b)(1) of this section, Hawaii may use, for a project for construction or reconstruction of a highway on a Federal-aid system that is not more than 10 miles by road from an airport and that will facilitate access to the airport, revenue from the sales at off-airport locations in Hawaii of duty-free merchandise under a contract between Hawaii and a duty-free sales enterprise. However, the revenue resulting during a Hawaiian fiscal year may be used only if the amount of the revenue, plus amounts Hawaii receives in the fiscal year from all other sources for costs Hawaii incurs for operating all airports it operates and for debt service related to capital projects for the airports (including interest and amortization of principal costs), is more than 150 percent of the projected costs for the fiscal year.
(3)(A) Revenue from sales referred to in paragraph (2) of this subsection in a Hawaiian fiscal year that Hawaii may use may not be more than the amount that is greater than 150 percent as determined under paragraph (2).
(B) The maximum amount of revenue Hawaii may use under paragraph (2) of this subsection is $250,000,000.
(4) If a fee imposed or collected for rent, landing, or service from an aircraft operator by an airport operated by Hawaii is increased during the period from May 4, 1990, through December 31, 1994, by more than the percentage change in the Consumer Price Index of All Urban Consumers for Honolulu, Hawaii, that the Secretary of Labor publishes during that period and if revenue derived from the fee increases because the fee increased, the amount under paragraph (3)(B) of this subsection shall be reduced by the amount of the projected revenue increase in the period less the part of the increase attributable to changes in the Index in the period.
(5) Hawaii shall determine costs, revenue, and projected revenue increases referred to in this subsection and shall submit the determinations to the Secretary of Transportation. A determination is approved unless the Secretary disapproves it not later than 30 days after it is submitted.
(6) Hawaii is not eligible for a grant under section 47115 of this title in a fiscal year in which Hawaii uses under paragraph (2) of this subsection revenue from sales referred to in paragraph (2). Hawaii shall repay amounts it receives in a fiscal year under a grant it is not eligible to receive because of this paragraph to the Secretary of Transportation for deposit in the discretionary fund established under section 47115.
(7)(A) This subsection applies only to revenue from sales referred to in paragraph (2) of this subsection from May 5, 1990, through December 30, 1994, and to amounts in the Airport Revenue Fund of Hawaii that are attributable to revenue before May 4, 1990, on sales referred to in paragraph (2).
(B) Revenue from sales referred to in paragraph (2) of this subsection from May 5, 1990, through December 30, 1994, may be used under paragraph (2) in any Hawaiian fiscal year, including a Hawaiian fiscal year beginning after December 31, 1994.
(k)
(1)
(2)
(A) direct payments or indirect payments, other than payments reflecting the value of services and facilities provided to the airport;
(B) use of airport revenues for general economic development, marketing, and promotional activities unrelated to airports or airport systems;
(C) payments in lieu of taxes or other assessments that exceed the value of services provided; or
(D) payments to compensate nonsponsoring governmental bodies for lost tax revenues exceeding stated tax rates.
(3)
(4)
(5)
(A) any request by a sponsor or any other governmental entity to any airport for additional payments for services conducted off of the airport or for reimbursement for capital contributions or operating expenses shall be filed not later than 6 years after the date on which the expense is incurred; and
(B) any amount of airport funds that are used to make a payment or reimbursement as described in subparagraph (A) after the date specified in that subparagraph shall be considered to be an illegal diversion of airport revenues that is subject to subsection (m).
(l)
(1)
(2)
(m)
(1)
(A) review the audit or report;
(B) perform appropriate factfinding; and
(C) conduct a hearing and render a final determination concerning whether the illegal diversion of airport revenues asserted in the audit or report occurred.
(2)
(A) the finding; and
(B) the obligations of the sponsor to reimburse the airport involved under this paragraph.
(3)
(A) receives notification that the sponsor is required to reimburse an airport; and
(B) has had an opportunity to reimburse the airport, but has failed to do so.
(4)
(5)
(A)
(B)
(6)
(7)
(n)
(1)
(2)
(3)
(4)
(A) be the rate in effect on the date on which interest begins to accrue under paragraph (3); and
(B) remain at a rate fixed under subparagraph (A) during the duration of the indebtedness.
(o)
(p) Notwithstanding any written assurances prescribed in subsections (a) through (o), a general aviation airport with more than 300,000 annual operations may be exempt from having to accept scheduled passenger air carrier service, provided that the following conditions are met:
(1) No scheduled passenger air carrier has provided service at the airport within 5 years prior to January 1, 2002.
(2) The airport is located within or underneath the Class B airspace of an airport that maintains an airport operating certificate pursuant to section 44706 of title 49.
(3) The certificated airport operating under section 44706 of title 49 does not contribute to significant passenger delays as defined by DOT/FAA in the "Airport Capacity Benchmark Report 2001".
(q) An airport that meets the conditions of paragraphs (1) through (3) of subsection (p) is not subject to section 47524 of title 49 with respect to a prohibition on all scheduled passenger service.
(r)
(1)
(2)
(A) describes the requests;
(B) provides an explanation as to why the requests could not be accommodated; and
(C) provides a time frame within which, if any, the airport will be able to accommodate the requests.
(3)
(s)
(1)
(A) Aircraft of the person.
(B) Aircraft authorized by the person.
(2)
(A)
(B)
(i) to pay airport access charges that, as determined by the airport sponsor, are comparable to those charged to tenants and operators on-airport making similar use of the airport;
(ii) to bear the cost of building and maintaining the infrastructure that, as determined by the airport sponsor, is necessary to provide aircraft located on the property adjacent to or near the airport access to the airfield of the airport;
(iii) to maintain the property for residential, noncommercial use for the duration of the agreement;
(iv) to prohibit access to the airport from other properties through the property of the property owner; and
(v) to prohibit any aircraft refueling from occurring on the property.
(3)
(t)
(1)
(2)
(A) originally entered into before October 7, 2016;
(B) under which a nominal lease rate is provided;
(C) under which the lessee is a Federal or State government entity; and
(D) that-
(i) supports the operation of military aircraft by the Air Force or Air National Guard-
(I) at the airport; or
(II) remotely from the airport; or
(ii) is for the use of nonaeronautical land or facilities of the airport by the National Guard.
(u)
(1)
(A) determining an airport's compliance with a grant assurance made under this section or any other provision of law; and
(B) the receipt of Federal financial assistance for airport development.
(2)
(A) used or intended to be used exclusively for recreational purposes; and
(B) constructed or under construction by a private individual at a general aviation airport.
(v)
(1)
(A) entered into an agreement, including a revised agreement, with a local government providing for the use of airport property for an interim compatible recreational purpose at below fair market value; or
(B) permanently restricted the use of airport property to compatible recreational and public park use without paying or otherwise obtaining payment of fair market value for the property.
(2)
(A)
(i) to an agreement regarding airport property that was initially entered into before the publication of the Federal Aviation Administration's Policy and Procedures Concerning the Use of Airport Revenue, dated February 16, 1999;
(ii) if the agreement between the sponsor and the local government is subordinate to any existing or future agreements between the sponsor and the Secretary, including agreements related to a grant assurance under this section;
(iii) to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to January 1, 1989;
(iv) if the airport sponsor has provided a written statement to the Administrator that the property made available for a recreational purpose will not be needed for any aeronautical purpose during the next 10 years;
(v) if the agreement includes a term of not more than 2 years to prepare the airport property for the interim compatible recreational purpose and not more than 10 years of use for that purpose;
(vi) if the recreational purpose will not impact the aeronautical use of the airport;
(vii) if the airport sponsor provides a certification that the sponsor is not responsible for preparation, startup, operations, maintenance, or any other costs associated with the recreational purpose; and
(viii) if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502.
(B)
(i) to airport property that was purchased using funds from a Federal grant for acquiring land issued prior to January 1, 1989;
(ii) to airport property that has been continuously leased or licensed through a written agreement with a governmental entity or non-profit entity for recreational or public park uses since July 1, 2003;
(iii) if the airport sponsor has provided a written statement to the Administrator that the recreational or public park use does not impact the aeronautical use of the airport and that the property to be permanently restricted for recreational or public park use is not needed for any aeronautical use at the time the written statement is provided and is not expected to be needed for any aeronautical use at any time after such statement is provided;
(iv) if the airport sponsor provides a certification to the Administrator that the sponsor is not responsible for operations, maintenance, or any other costs associated with the recreational or public park use;
(v) if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502; and
(vi) if the airport sponsor will-
(I) lease the property to a local government entity or non-profit entity to operate and maintain the property at no cost to the airport sponsor; or
(II) transfer title to the property to a local government entity subject to a permanent deed restriction ensuring compatible airport use under regulations issued pursuant to section 47502.
(3)
(A) lease or sell such portion of airport property for less than fair market value; and
(B) subject to the requirements of subsection (b), retain the revenue from the lease or sale of such portion of airport property for use in accordance with section 47133.
(4)
(5)
(6)
(A) mean all activities that involve or are directly related to the operation of aircraft, including activities that make the operation of aircraft possible and safe;
(B) include services located at an airport that are directly and substantially related to the movement of passengers, baggage, mail, and cargo; and
(C) do not include any uses of an airport that are not described in subparagraph (A) or (B), including any aviation-related uses that do not need to be located at an airport, such as flight kitchens and airline reservation centers.
(w)
(1)
(A) a lactation area in the sterile area of each passenger terminal building of the airport; and
(B) a baby changing table in at least one men's and at least one women's restroom in each passenger terminal building of the airport.
(2)
(A)
(i)
(I) a medium or large hub airport in fiscal year 2021 and each fiscal year thereafter; and
(II) an applicable small hub airport in fiscal year 2023 and each fiscal year thereafter.
(ii)
(I) the 3-year period consisting of 2020, 2021, and 2022; or
(II) any consecutive 3-year period beginning after 2020.
(B)
(C)
(3)
(A) "lactation area" means a room or similar accommodation that-
(i) provides a location for members of the public to express breast milk that is shielded from view and free from intrusion from the public;
(ii) has a door that can be locked;
(iii) includes a place to sit, a table or other flat surface, a sink or sanitizing equipment, and an electrical outlet;
(iv) is readily accessible to and usable by individuals with disabilities, including individuals who use wheelchairs; and
(v) is not located in a restroom; and
(B) "sterile area" has the same meaning given that term in section 1540.5 of title 49, Code of Federal Regulations.
(x)
(1)
(A) materially impact the safe and efficient operation of aircraft at, to, or from the airport;
(B) adversely affect the safety of people or property on the ground as a result of aircraft operations; or
(C) adversely affect the value of prior Federal investments to a significant extent.
(2)
(A)
(B)
(3)
(A)
(B)
(y)
(1)
(A) at least 1 private, single-use room with a universal changing station that-
(i) meets the standards established under paragraph (2)(A); and
(ii) is accessible to all individuals for purposes of use by an individual with a disability in each passenger terminal building of the airport; and
(B) signage at or near the entrance to the changing station indicating the location of the changing station.
(2)
(A) establish-
(i) comprehensive accessible design standards for universal changing tables; and
(ii) standards on the privacy, accessibility, and sanitation equipment of the room in which such table is located, required to be installed, or maintained under this subsection; and
(B) in establishing the standards under subparagraph (A), consult with entities with appropriate expertise relating to the use of universal changing stations used by individuals with disabilities.
(3)
(A)
(B)
(4)
(5)
(A)
(B)
(C)
(D)
(
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 47107(a) | 49 App.:2202(a)(6). | Sept. 3, 1982,
|
| 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a) (1)–(11), (15), (16)). | ||
| 49 App.:2210(a)(1)(A). | Sept. 3, 1982,
|
|
| 49 App.:2210(a)(1)(B), (C), (2). | ||
| 49 App.:2210(a)(3). | Sept. 3, 1982,
|
|
| 49 App.:2210(a)(4). | Sept. 3, 1982,
|
|
| 49 App.:2210(a) (5)–(10). | ||
| 49 App.:2210(a)(11). | Sept. 3, 1982,
|
|
| 49 App.:2210(a)(15). | Sept. 3, 1982,
|
|
| 49 App.:2210(a)(16). | Sept. 3, 1982,
|
|
| 47107(b)(1), (2) | 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(12)). | |
| 49 App.:2210(a)(12). | Sept. 3, 1982,
|
|
| 47107(b)(3) | 49 App.:2210(d). | Sept. 3, 1982,
|
| 47107(c)(1), (2) | 49 App.:2202(a)(24). | Sept. 3, 1982,
|
| 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(13), (14)). | ||
| 49 App.:2210(a)(13). | Sept. 3, 1982,
|
|
| 49 App.:2210(a)(14). | Sept. 3, 1982,
|
|
| 47107(c)(3) | (no source). | |
| 47107(d) | 49 App.:2204(b)(2). | |
| 49 App.:2208(b)(1)(E) (related to 49 App.:2204(b)(2)). | ||
| 47107(e) | 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(17)). | |
| 49 App.:2210(a)(17). | Sept. 3, 1982,
|
|
| 49 App.:2210(h). | Sept. 3, 1982,
|
|
| 49 App.:2210 (note). | Oct. 31, 1992,
|
|
| 47107(f) | 49 App.:2210(e). | Sept. 3, 1982,
|
| 47107(g)(1) | 49 App.:2210(b) (1st, 2d sentences). | |
| 47107(g)(2) | 49 App.:2208(b)(1)(E) (related to 49 App.:2210(b)). | |
| 47107(h) | 49 App.:2210(f). | Sept. 3, 1982,
|
| 47107(i) | 49 App.:2210(b) (last sentence). | |
| 47107(j)(1) | 49 App.:2210(g)(4)(B), (D). | Sept. 3, 1982,
|
| 47107(j)(2) | 49 App.:2210(g)(1), (2)(B), (4)(A), (C). | |
| 47107(j)(3) | 49 App.:2210(g)(2)(C), (D). | |
| 47107(j)(4) | 49 App.:2210(g)(2)(E). | |
| 47107(j)(5) | 49 App.:2210(g)(2)(F). | |
| 47107(j)(6) | 49 App.:2210(g)(2)(G). | |
| 47107(j) (7)(A) | 49 App.:2210(g)(2)(A). | |
| 47107(j) (7)(B) | 49 App.:2210(g)(3). |
In subsection (a), before clause (1), the words "may approve a project grant application under this subchapter for an airport development project only if" are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)) and the words "As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter . . . shall" in 49 App.:2210(a) for clarity and to eliminate unnecessary words. In clause (1), the words "to which the project relates" and "fair and" are omitted as surplus. In clause (2), before subclause (A), the words "including the requirement that" are omitted as unnecessary because of the restatement. The words "air carriers making similar use of the airport" are substituted for "each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) . . . all such air carriers which make similar use of such airport" to eliminate unnecessary words. The words "and which utilize similar facilities" are omitted because of the definition of "airport" in section 47102 of the revised title. The words "nondiscriminatory and" and "rates, fees, rentals, and other" are omitted as surplus. In subclause (B), before subclause (i), the words "except for differences based on" are substituted for "subject to" for clarity. In clause (3), the words "airport operator" are substituted for "airport" for clarity and consistency in this chapter. In clause (4), before subclause (A), the words "a right given to only one fixed-base operator to provide services at an airport" are substituted for "the providing of services at an airport by a single fixed-based operator" for clarity. In subclause (B), the words "the airport operator or owner" are substituted for "such airport" for clarity and consistency in this subchapter. Clause (5) is substituted for 49 App.:2210(a)(1)(B) for consistency and to eliminate unnecessary words. In clause (6), the words "allowed by the airport operator" are substituted for "authorized by the airport or permitted by the airport" for clarity and consistency in this chapter and to eliminate unnecessary words. In clause (9), the words "operations at" are added for clarity. The words "adequately", "removing, lowering, relocating, marking, or lighting or otherwise", and "the establishment or creation of" are omitted as surplus. In clause (10), the word "near" is substituted for "in the immediate vicinity of", and the word "uses" is substituted for "activities and purposes", to eliminate unnecessary words. The words "including landing and takeoff of aircraft" are omitted as surplus. In clause (12), the words "property interests of the sponsor in land or water areas or buildings" are substituted for "any areas of land or water, or estate therein, or rights in buildings of the sponsor" for consistency in the revised title and to eliminate unnecessary words. The words "necessary or" are omitted as surplus. The words "for, and that will be used for, constructing . . . facilities for carrying out activities related to air traffic control or navigation" are substituted for "for use in connection with any air traffic control or navigation activities, or weather-reporting and communication activities related to air traffic control . . . for construction . . . of space or facilities for such purposes" to eliminate unnecessary words. In clause (13), before subclause (A), the words "schedule of charges" are substituted for "fee and rental structure" for clarity and consistency in this chapter. In subclause (A), the word "particular" is omitted as surplus. The word "including" is substituted for "taking into account such factors as" to eliminate unnecessary words. In subclause (B), the words "fees, rates, and" are omitted as surplus. The words "airport development or airport planning" are omitted because of the definition of "project" in section 47102 of the revised title. In clause (16), before subclause (A), the words "maintain . . . current" are substituted for "keep up to date at all times" to eliminate unnecessary words. In subclause (B), the words "be submitted to, and" and "amendment" are omitted as surplus. In subclauses (C) and (D), the words "changes or" and "change or", respectively, are omitted as surplus. In subclause (D)(ii), the words "was made" are added for clarity. In clause (17), the words "with respect to the project" are omitted as surplus. In clause (18), the words "duly authorized agent of" are omitted because of 49:322(b).
In subsection (b)(1), before clause (A), the words "may approve a project grant application under this subchapter for an airport development project only if" are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(12)) and "As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter . . . shall" in 49 App.:2210(a) for clarity and to eliminate unnecessary words. In clause (C) the word "actual" is omitted as surplus.
In subsection (b)(2), the words "Paragraph (1) of this subsection does not apply" are substituted for "except that . . . then this limitation on the use of all other revenues generated by the airport . . . shall not apply" to eliminate unnecessary words. The word "law" is substituted for "provisions . . . in governing statutes" for consistency in the revised title and to eliminate unnecessary words.
In subsection (c)(1), before clause (A), the words "considered to be" are omitted as surplus. In clause (B), the words "department, agency, or instrumentality of the Government" are substituted for "Federal agency" for consistency in the revised title and with other titles of the United States Code.
In subsection (c)(2), before clause (A), the words "may approve an application under this subchapter for an airport development project grant only if" are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(13), (14)) and "As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter" in 49 App.:2210(a) for clarity and to eliminate unnecessary words. The words "has received or will receive" are substituted for "before, on, or after December 30, 1987" and "before, on, or after December 31, 1987" because of the restatement. In clauses (A)(ii) and (B)(ii), the words "or right" and "only" are omitted as surplus. In clause (A)(iii), the words "at the discretion of the Secretary" in 49 App.:2210(a)(13)(C) are omitted as surplus. In clause (B)(iii), the words "under this subchapter" are substituted for "at that airport or within the national airport system" for clarity and to eliminate unnecessary words.
Subsection (c)(3) is added for clarity.
In subsection (d), the words "may approve an application under this subchapter for an airport development project grant . . . only if" are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2204(b)(2)) and "No obligation shall be incurred by the Secretary for airport development . . . unless" in 49 App.:2204(b) for clarity and to eliminate unnecessary words.
In subsection (e)(1), the words "may approve a project grant application under this subchapter for an airport development project only if" are substituted for 49 App.:2208(b)(1)(E) (related to 49 App.:2210(a)(17)) and "As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter . . . shall" for clarity and to eliminate unnecessary words. The words "food, beverages, printed materials, or other" and "ground transportation, baggage carts, automobile rentals, or other" are omitted as surplus.
In subsection (e)(2)–(5), the words "disadvantaged business enterprise" are substituted for "DBE" for clarity.
In subsection (e)(4), the words "(as defined by the Secretary by regulation)" and "(as defined under section 2204(d)(2)(B) of this title)" are omitted as unnecessary because of paragraph (1) of this subsection.
In subsection (f)(2)(A), the words "at the discretion of the Secretary" are omitted as surplus. The words "at primary airports and reliever airports" are omitted as surplus because 49 App.:2206(c)(2), restated in section 47115(c) of the revised title, involves only primary and reliever airports.
In subsection (g)(1)(A), the words "consistent with the terms of this chapter" are omitted as surplus.
In subsection (g)(1)(B), the words "Among other steps to insure such compliance" and "on behalf of the United States" are omitted as surplus.
In subsection (g)(2), the words "by or . . . the authority of" are omitted as surplus.
In subsection (h), before clause (1), the words "proposes to" are omitted as surplus. The word "subchapter" is substituted for "Act" in section 511(f) of the Airport and Airway Improvement Act of 1982, as added by section 109(k) of the Airport and Airway Safety and Capacity Expansion Act of 1987 (
In subsection (i), the words "a property interest in a land or water area or a building that the Secretary of Transportation uses to construct a facility" are substituted for "any area of land or water, or estate therein, or rights in buildings of the sponsor and constructs space or facilities thereon" for consistency in this section.
In subsection (j)(2), the words "the limitation on the use of revenues generated by airports contained in", "located", "of funds", and "(including revenues generated by such airports from other sources, unrestricted cash on hand, and Federal funds made available under this chapter for expenditure at such airports)" are omitted as surplus.
In subsection (j)(3)(A), the words "amount that is greater than 150 percent as determined" are substituted for "amount of the excess determined" for clarity.
In subsection (j)(3)(B), the words "in the aggregate" are omitted as surplus.
In subsection (j)(4), the word "imposed" is substituted for "levied" for consistency in the revised title and with other titles of the Code. The words "for the use of airport facilities" and "a percentage which is" are omitted as surplus. The words "Secretary of Labor" are substituted for "Bureau of Labor Statistics of the Department of Labor" because of 29:551 and 557.
In subsection (j)(5), the words "from fee increases" and "for approval" are omitted as surplus.
Editorial Notes
References in Text
The Federal Airport Act, referred to in subsecs. (a)(13)(B) and (i), is act May 13, 1946, ch. 251,
The Airport and Airway Development Act of 1970, referred to in subsecs. (a)(13)(B) and (i), is title I of
Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (c)(4)(E), is classified to section 9502 of Title 26, Internal Revenue Code.
The date of enactment of this paragraph, referred to in subsec. (c)(5)(D), is the date of enactment of
Section 31(b) of the Small Business Act, referred to in subsec. (e)(1), (4)(B), (6), is classified to section 657a(b) of Title 15, Commerce and Trade.
Section 101(a) of title 23, referred to in subsec. (j)(1)(B), was subsequently amended, and section 101(a) no longer defines "Federal-aid system".
The enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (s)(3), means the enactment of
The date of enactment of this paragraph, referred to in subsec. (s)(3), is the date of enactment of
The date of enactment of this subsection, referred to in subsec. (y)(2), is the date of enactment of
The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsec. (y)(4), is the date of enactment of
Amendments
2024-Subsec. (a)(16)(B).
Subsec. (a)(16)(C)(i).
Subsec. (a)(22).
Subsec. (m)(4).
Subsec. (n)(1).
Subsec. (r)(3).
Subsec. (t)(2)(A).
Subsec. (t)(2)(D).
"(i) at the airport; or
"(ii) remotely from the airport."
Subsec. (v).
Subsec. (x).
Subsec. (y).
2023-Subsec. (r)(3).
2020-Subsec. (w)(1).
Subsec. (w)(1)(B).
Subsec. (w)(2)(A).
Subsec. (w)(2)(B).
Subsec. (w)(2)(C).
2018-Subsec. (a)(16)(B).
Subsec. (a)(16)(C).
Subsec. (a)(16)(D).
Subsec. (a)(17).
Subsec. (r)(3).
Subsec. (s)(3).
Subsecs. (u), (v).
Subsec. (w).
2017-Subsec. (e)(1), (4)(B), (6).
Subsec. (r)(3).
2016-Subsec. (r)(3).
Subsec. (t).
2015-Subsec. (r)(3).
2014-Subsec. (k).
Subsec. (k)(5).
Subsec. (l).
Subsec. (m).
Subsec. (n).
Subsec. (o).
Subsec. (p).
Subsec. (q).
Subsecs. (r) to (t).
2012-Subsec. (a)(16)(D)(ii).
Subsec. (c)(2)(A).
Subsec. (c)(2)(A)(iii).
Subsec. (c)(2)(B)(iii).
Subsec. (c)(4), (5).
Subsec. (s)(3).
Subsec. (t).
2011-Subsec. (s)(3).
2010-Subsec. (s)(3).
2009-Subsec. (s)(3).
2008-Subsec. (s)(3).
2003-Subsec. (a)(21).
Subsec. (c)(2)(A)(iii).
Subsec. (l)(5)(A).
Subsec. (m)(1).
Subsec. (m)(3).
Subsec. (q).
Subsec. (q)(2).
Subsec. (q)(3).
Subsec. (r).
Subsec. (s).
2002-Subsec. (a)(17).
2000-Subsec. (h).
"(1) publish notice of the proposed modification in the Federal Register; and
"(2) provide an opportunity for comment on the proposal."
1997-Subsec. (e)(1).
Subsec. (e)(4)(B).
Subsec. (e)(6).
1996-Subsec. (a)(20).
Subsec. (k).
Subsec. (l)(1).
Subsec. (l)(5).
Subsecs. (m) to (p).
1994-Subsec. (a)(15).
Subsec. (a)(19).
Subsec. (k).
Subsec. (l).
Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment
Effective Date of 2017 Amendment
Amendment by
Effective Date of 2012 Amendment
Effective Date of 2011 Amendment
Amendment by
Amendment by
Amendment by
Amendment by
Effective Date of 2010 Amendment
Amendment by
Amendment by
Amendment by
Amendment by
Amendment by
Amendment by
Effective Date of 2009 Amendment
Amendment by
Amendment by
Effective Date of 2008 Amendment
Amendment by
Effective Date of 2003 Amendments
Amendment by
Effective Date of 2000 Amendment
Amendment by
Effective Date of 1997 Amendment
Amendment by
Effective Date of 1996 Amendment
Except as otherwise specifically provided, amendment by
Construction of 2000 Amendment
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
Diversion of Airport Revenues for Claims Related to Certain Ceded Lands
"(a)
"(1) Congress has the authority under article I, section 8 of the Constitution to regulate the air commerce of the United States;
"(2) section 47107 of title 49, United States Code, prohibits the diversion of certain revenue generated by a public airport as a condition of receiving a project grant;
"(3) a grant recipient that uses airport revenues for purposes that are not airport-related in a manner inconsistent with chapter 471 of title 49, United States Code, illegally diverts airport revenues;
"(4) illegal diversion of airport revenues undermines the interest of the United States in promoting a strong national air transportation system;
"(5) the policy of the United States that airports should be as self-sustaining as possible and that revenues generated at airports should not be diverted from airport purposes was stated by Congress in 1982 and reaffirmed and strengthened in 1987, 1994, and 1996;
"(6) certain airports are constructed on lands that may have belonged, at one time, to Native Americans, Native Hawaiians, or Alaska Natives;
"(7) contrary to the prohibition against diverting airport revenues from airport purposes under section 47107 of title 49, United States Code, certain payments from airport revenues may have been made for the betterment of Native Americans, Native Hawaiians, or Alaska Natives based upon the claims related to lands ceded to the United States;
"(8) Federal law prohibits diversions of airport revenues obtained from any source whatsoever to occur in the future whether related to claims for periods of time prior to or after the date of enactment of this Act [Oct. 27, 1997]; and
"(9) because of the special circumstances surrounding such past diversions of airport revenues for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, it is in the national interest that amounts from airport revenues previously received by any entity for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, as specified in subsection (b) of this section, should not be subject to repayment.
"(b)
"(c)
"(d)
Findings and Purpose
"(a)
"(1) section 47107 of title 49, United States Code, prohibits the diversion of certain revenue generated by a public airport as a condition of receiving a project grant;
"(2) a grant recipient that uses airport revenue for purposes that are not airport related in a manner inconsistent with chapter 471 of title 49, United States Code, illegally diverts airport revenues;
"(3) any diversion of airport revenues in violation of the condition referred to in paragraph (1) undermines the interest of the United States in promoting a strong national air transportation system that is responsive to the needs of airport users;
"(4) the Secretary and the Administrator have not enforced airport revenue diversion rules adequately and must have additional regulatory tools to increase enforcement efforts; and
"(5) sponsors who have been found to have illegally diverted airport revenues-
"(A) have not reimbursed or made restitution to airports in a timely manner; and
"(B) must be encouraged to do so.
"(b)
"(1) eliminating the ability of any State or political subdivision thereof that is a recipient of a project grant to divert airport revenues for purposes that are not related to an airport, in violation of section 47107 of title 49, United States Code;
"(2) imposing financial reporting requirements that are designed to identify instances of illegal diversions referred to in paragraph (1);
"(3) establishing a statute of limitations for airport revenue diversion actions;
"(4) clarifying limitations on revenue diversion that are permitted under chapter 471 of title 49, United States Code; and
"(5) establishing clear penalties and enforcement mechanisms for identifying and prosecuting airport revenue diversion."
Definitions
"(1)
"(2)
"(3)
"(4)
"(5)
Revision of Policies and Procedures; Deadlines
Format for Reporting