PART B -- AIRPORT DEVELOPMENT AND NOISE                      
                                                                               
                     CHAPTER 471 -- AIRPORT DEVELOPMENT                        
                                                                               
                    SUBCHAPTER I -- AIRPORT IMPROVEMENT                        
      Sec.                                                                     
      47101.  Policies.                                                        
      47102.  Definitions.                                                     
      47103.  National plan of integrated airport systems.                     
      47104.  Project grant authority.                                         
      47105.  Project grant applications.                                      
      47106.  Project grant application approval conditioned on                
              satisfaction of project requirements.                            
      47107.  Project grant application approval conditioned on                
              assurances about airport operations.                             
      47108.  Project grant agreements.                                        
      47109.  United States Government's share of project costs.               
      47110.  Allowable project costs.                                         
      47111.  Payments under project grant agreements.                         
      47112.  Carrying out airport development projects.                       
      47113.  Minority and disadvantaged business participation.               
      47114.  Apportionments.                                                  
      47115.  Discretionary fund.                                              
      47116.  Small airport fund.                                              
      47117.  Use of apportioned amounts.                                      
      47118.  Designating current and former military airports.                
      47119.  Terminal development costs.                                      
      47120.  Grant priority.                                                  
      47121.  Records and audits.                                              
      47122.  Administrative.                                                  
      47123.  Nondiscrimination.                                               
      47124.  Agreements for State and local operation of airport              
              facilities.                                                      
      47125.  Conveyances of United States Government land.                    
      47126.  Criminal penalties for false statements.                         
      47127.  Ground transportation demonstration projects.                    
      47128.  State block grant pilot program.                                 
      47129.  Annual report.                                                   
                                                                               
           SUBCHAPTER II -- SURPLUS PROPERTY FOR PUBLIC AIRPORTS               
      47151.  Authority to transfer an interest in surplus property.           
      47152.  Terms of gifts.                                                  
      47153.  Waiving and adding terms.                                        
                                                                               
                    SUBCHAPTER I -- AIRPORT IMPROVEMENT                        
                                                                               
      Sec. 47101. Policies                                                     
            (a) General. -- It is the policy of the United States --           
                (1) that the safe operation of the airport and airway          
            system is the highest aviation priority;                           
                (2) that aviation facilities be constructed and                
            operated to minimize current and projected noise impact on         
            nearby communities;                                                
                (3) to give special emphasis to developing reliever            
            airports;                                                          
                (4) that appropriate provisions should be made to make         
            the development and enhancement of cargo hub airports              
            easier;                                                            
                (5) to encourage the development of transportation             
            systems that use various modes of transportation in a way          
            that will serve the States and local communities                   
            efficiently and effectively;                                       
                (6) that airport development projects under this               
            subchapter provide for the protection and enhancement of           
            natural resources and the quality of the environment of the        
            United States;                                                     
                (7) that airport construction and improvement projects         
            that increase the capacity of facilities to accommodate            
            passenger and cargo traffic be undertaken to the maximum           
            feasible extent so that safety and efficiency increase and         
            delays decrease;                                                   
                (8) to ensure that nonaviation usage of the navigable          
            airspace be accommodated but not allowed to decrease the           
            safety and capacity of the airspace and airport system;            
                (9) that artificial restrictions on airport capacity --        
                    (A) are not in the public interest;                        
                    (B) should be imposed to alleviate air traffic             
                delays only after other reasonably available and less          
                burdensome alternatives have been tried; and                   
                    (C) should not discriminate unjustly between               
                categories and classes of aircraft; and                        
                (10) that special emphasis should be placed on                 
            converting appropriate former military air bases to civil          
            use and identifying and improving additional joint-use             
            facilities.                                                        
            (b) National Transportation Policy. -- (1) It is a goal of         
      the United States to develop a national intermodal transportation        
      system that transports passengers and property in an efficient           
      manner.  The future economic direction of the United States              
      depends on its ability to confront directly the enormous                 
      challenges of the global economy, declining productivity growth,         
      energy vulnerability, air pollution, and the need to rebuild the         
      infrastructure of the United States.                                     
            (2) United States leadership in the world economy, the             
      expanding wealth of the United States, the competitiveness of the        
      industry of the United States, the standard of living, and the           
      quality of life are at stake.                                            
            (3) A national intermodal transportation system is a               
      coordinated, flexible network of diverse but complementary forms         
      of transportation that transports passengers and property in the         
      most efficient manner.  By reducing transportation costs, these          
      intermodal systems will enhance the ability of the industry of           
      the United States to compete in the global marketplace.                  
            (4) All forms of transportation, including aviation and            
      other transportation systems of the future, will be full partners        
      in the effort to reduce energy consumption and air pollution             
      while promoting economic development.                                    
            (5) An intermodal transportation system consists of                
      transportation hubs that connect different forms of appropriate          
      transportation and provides users with the most efficient means          
      of transportation and with access to commercial centers, business        
      locations, population centers, and the vast rural areas of the           
      United States, as well as providing links to other forms of              
      transportation and to intercity connections.                             
            (6) Intermodality and flexibility are paramount issues in          
      the process of developing an integrated system that will obtain          
      the optimum yield of United States resources.                            
            (7) The United States transportation infrastructure must be        
      reshaped to provide the economic underpinnings for the United            
      States to compete in the 21st century global economy. The United         
      States can no longer rely on the sheer size of its economy to            
      dominate international economic rivals and must recognize fully          
      that its economy is no longer a separate entity but is part of           
      the global marketplace.  The future economic prosperity of the           
      United States depends on its ability to compete in an                    
      international marketplace that is teeming with competitors but in        
      which a full one-quarter of the economic activity of the United          
      States takes place.                                                      
            (8) The United States must make a national commitment to           
      rebuild its infrastructure through development of a national             
      intermodal transportation system.  The United States must provide        
      the foundation for its industries to improve productivity and            
      their ability to compete in the global economy with a system that        
      will transport passengers and property in an efficient manner.           
            (c) Capacity Expansion and Noise Abatement. -- It is in the        
      public interest to recognize the effects of airport capacity             
      expansion projects on aircraft noise.  Efforts to increase               
      capacity through any means can have an impact on surrounding             
      communities.  Noncompatible land uses around airports must be            
      reduced and efforts to mitigate noise must be given a high               
      priority.                                                                
            (d) Consistency With Air Commerce and Safety Policies. --          
      Each airport and airway program should be carried out                    
      consistently with section 40101(a), (b), (d), and (f) of this            
      title to foster competition, prevent unfair methods of                   
      competition in air transportation, maintain essential air                
      transportation, and prevent unjust and discriminatory practices,         
      including as the practices may be applied between categories and         
      classes of aircraft.                                                     
            (e) Adequacy of Navigation Aids and Airport Facilities. --         
      This subchapter should be carried out to provide adequate                
      navigation aids and airport facilities for places at which               
      scheduled commercial air service is provided.  The facilities            
      provided may include --                                                  
                (1) reliever airports; and                                     
                (2) heliports designated by the Secretary of                   
            Transportation to relieve congestion at commercial service         
            airports by diverting aircraft passengers from fixed-wing          
            aircraft to helicopter carriers.                                   
            (f) Maximum Use of Safety Facilities. -- This subchapter           
      should be carried out consistently with a comprehensive airspace         
      system plan, giving highest priority to commercial service               
      airports, to maximize the use of safety facilities, including            
      installing, operating, and maintaining, to the extent possible           
      with available money and considering other safety needs --               
                (1) electronic or visual vertical guidance on each             
            runway;                                                            
                (2) grooving or friction treatment of each primary and         
            secondary runway;                                                  
                (3) distance-to-go signs for each primary and secondary        
            runway;                                                            
                (4) a precision approach system, a vertical visual             
            guidance system, and a full approach light system for each         
            primary runway;                                                    
                (5) a nonprecision instrument approach for each                
            secondary runway;                                                  
                (6) runway end identifier lights on each runway that           
            does not have an approach light system;                            
                (7) a surface movement radar system at each category           
            III airport;                                                       
                (8) a taxiway lighting and sign system;                        
                (9) runway edge lighting and marking; and                      
                (10) radar approach coverage for each airport terminal         
            area.                                                              
            (g) Cooperation. -- To carry out the policy of subsection          
      (a)(5) of this section, the Secretary of Transportation shall            
      cooperate with State and local officials in developing airport           
      plans and programs that are based on overall transportation              
      needs.  The airport plans and programs shall be developed in             
      coordination with other transportation planning and considering          
      comprehensive long-range land-use plans and overall social,              
      economic, environmental, system performance, and energy                  
      conservation objectives.  The process of developing airport plans        
      and programs shall be continuing, cooperative, and                       
      comprehensive to the degree appropriate to the complexity of the         
      transportation problems.                                                 
            (h) Consultation. -- To carry out the policy of subsection         
      (a)(6) of this section, the Secretary of Transportation shall            
      consult with the Secretary of the Interior and the Administrator         
      of the Environmental Protection Agency about any project included        
      in a project grant application involving the location of an              
      airport or runway, or a major runway extension, that may have            
      a significant effect on --                                               
                (1) natural resources, including fish and wildlife;            
                (2) natural, scenic, and recreation assets;                    
                (3) water and air quality; or                                  
                (4) another factor affecting the environment.                  
                                                                               
      Sec. 47102. Definitions                                                  
            In this subchapter --                                              
                (1) "air carrier airport" means a public airport               
            regularly served by --                                             
                    (A) an air carrier certificated by the Secretary of        
                Transportation under section 41102 of this title               
                (except a charter air carrier); or                             
                    (B) at least one air carrier --                            
                        (i) operating under an exemption from section          
                    41101(a)(1) of this title that the Secretary               
                    grants; and                                                
                        (ii) having at least 2,500 passenger boardings         
                    at the airport during the prior calendar year.             
                (2) "airport" --                                               
                    (A) means --                                               
                        (i) an area of land or water used or intended          
                    to be used for the landing and taking off of               
                    aircraft;                                                  
                        (ii) an appurtenant area used or intended to be        
                    used for airport buildings or other airport                
                    facilities or rights of way; and                           
                        (iii) airport buildings and facilities located         
                    in any of those areas; and                                 
                    (B) includes a heliport.                                   
                (3) "airport development" means the following                  
            activities, if undertaken by the sponsor, owner, or                
            operator of a public-use airport:                                  
                    (A) constructing, repairing, or improving a                
                public-use airport, including --                               
                        (i) removing, lowering, relocating, marking,           
                    and lighting an airport hazard; and                        
                        (ii) preparing a plan or specification,                
                    including carrying out a field investigation.              
                    (B) acquiring for, or installing at, a public-use          
                airport --                                                     
                        (i) a navigation aid or another aid (including         
                    a precision approach system) used by aircraft for          
                    landing at or taking off from the airport,                 
                    including preparing the site as required by the            
                    acquisition or installation;                               
                        (ii) safety or security equipment the Secretary        
                    requires by regulation for, or approves as                 
                    contributing significantly to, the safety or               
                    security of individuals and property at the                
                    airport;                                                   
                        (iii) equipment to remove snow, to measure             
                    runway surface friction, or for aviation-related           
                    weather reporting;                                         
                        (iv) firefighting and rescue equipment at an           
                    airport that serves scheduled passenger operations         
                    of air carrier aircraft designed for more than 20          
                    passenger seats;                                           
                        (v) aircraft deicing equipment and structures          
                    (except aircraft deicing fluids and storage                
                    facilities for the equipment and fluids); and              
                        (vi) interactive training systems.                     
                    (C) acquiring an interest in land or airspace,             
                including land for future airport development, that is         
                needed --                                                      
                        (i) to carry out airport development described         
                    in subclause (A) or (B) of this clause; or                 
                        (ii) to remove or mitigate an existing airport         
                    hazard or prevent or limit the creation of a new           
                    airport hazard.                                            
                    (D) acquiring land for, or constructing, a burn            
                area training structure on or off the airport to               
                provide live fire drill training for aircraft rescue           
                and firefighting personnel required to receive the             
                training under regulations the Secretary prescribes,           
                including basic equipment and minimum structures to            
                support the training under standards the Administrator         
                of the Federal Aviation Administration prescribes.             
                    (E) relocating after December 31, 1991, an air             
                traffic control tower and any navigational aid                 
                (including radar) if the relocation is necessary to            
                carry out a project approved by the Secretary under            
                this subchapter.                                               
                    (F) constructing, reconstructing, repairing, or            
                improving an airport, or purchasing capital equipment          
                for an airport, if paid for by a grant under this              
                subchapter and necessary for compliance with the               
                responsibilities of the operator or owner of the               
                airport under the Americans with Disabilities Act of           
                1990 (42 U.S.C. 12101 et seq.), the Clean Air Act (42          
                U.S.C. 7401 et seq.), and the Federal Water Pollution          
                Control Act (33 U.S.C. 1251 et seq.), except                   
                constructing or purchasing capital equipment that would        
                benefit primarily a revenue-producing area of the              
                airport used by a nonaeronautical business.                    
                    (G) acquiring land for, or work necessary to               
                construct, a pad suitable for deicing aircraft before          
                takeoff at a commercial service airport, including             
                constructing or reconstructing paved areas, drainage           
                collection structures, treatment and discharge systems,        
                appropriate lighting, paved access for deicing vehicles        
                and aircraft, but not including acquiring aircraft             
                deicing fluids or constructing or reconstructing               
                storage facilities for aircraft deicing equipment              
                or fluids.                                                     
                (4) "airport hazard" means a structure or object of            
            natural growth located on or near a public-use airport, or         
            a use of land near the airport, that obstructs or otherwise        
            is hazardous to the landing or taking off of aircraft at or        
            from the airport.                                                  
                (5) "airport planning" means planning as defined by            
            regulations the Secretary prescribes and includes                  
            integrated airport system planning.                                
                (6) "amount made available under section 48103 of this         
            title" means the amount authorized for grants under section        
            48103 of this title as reduced by any law enacted after            
            September 3, 1982.                                                 
                (7) "commercial service airport" means a public airport        
            in a State that the Secretary determines has at least 2,500        
            passenger boardings each year and is receiving scheduled           
            passenger aircraft service.                                        
                (8) "integrated airport system planning" means                 
            developing for planning purposes information and guidance          
            to decide the extent, kind, location, and timing of airport        
            development needed in a specific area to establish a               
            viable, balanced, and integrated system of public-use              
            airports, including --                                             
                    (A) identifying system needs;                              
                    (B) developing an estimate of systemwide                   
                development costs;                                             
                    (C) conducting studies, surveys, and other planning        
                actions, including those related to airport access,            
                needed to decide which aeronautical needs should be met        
                by a system of airports; and                                   
                    (D) standards prescribed by a State, except                
                standards for safety of approaches, for airport                
                development at nonprimary public-use airports.                 
                (9) "landed weight" means the weight of aircraft               
            transporting only cargo in intrastate, interstate, and             
            foreign air transportation, as the Secretary determines            
            under regulations the Secretary prescribes.                        
                (10) "passenger boardings" --                                  
                    (A) means revenue passenger boardings on an                
                aircraft in service in air commerce as the Secretary           
                determines under regulations the Secretary prescribes;         
                and                                                            
                    (B) includes passengers who continue on an aircraft        
                in international flight that stops at an airport in the        
                48 contiguous States, Alaska, or Hawaii for a                  
                nontraffic purpose.                                            
                (11) "primary airport" means a commercial service              
            airport the Secretary determines to have more than 10,000          
            passenger boardings each year.                                     
                (12) "project" means a project, separate projects              
            included in one project grant application, or all projects         
            to be undertaken at an airport in a fiscal year, to achieve        
            airport development or airport planning.                           
                (13) "project cost" means a cost involved in carrying          
            out a project.                                                     
                (14) "project grant" means a grant of money the                
            Secretary makes to a sponsor to carry out at least one             
            project.                                                           
                (15) "public agency" means --                                  
                    (A) a State or political subdivision of a State;           
                    (B) a tax-supported organization; or                       
                    (C) an Indian tribe or pueblo.                             
                (16) "public airport" means an airport used or intended        
            to be used for public purposes --                                  
                    (A) that is under the control of a public agency;          
                and                                                            
                    (B) of which the area used or intended to be used          
                for the landing, taking off, or surface maneuvering of         
                aircraft is publicly owned.                                    
                (17) "public-use airport" means --                             
                    (A) a public airport; or                                   
                    (B) a privately-owned airport used or intended to          
                be used for public purposes that is --                         
                        (i) a reliever airport; or                             
                        (ii) determined by the Secretary to have at            
                    least 2,500 passenger boardings each year and to           
                    receive scheduled passenger aircraft service.              
                (18) "reliever airport" means an airport the Secretary         
            designates to relieve congestion at a commercial service           
            airport and to provide more general aviation access to the         
            overall community.                                                 
                (19) "sponsor" means --                                        
                    (A) a public agency that submits to the Secretary          
                under this subchapter an application for financial             
                assistance; and                                                
                    (B) a private owner of a public-use airport that           
                submits to the Secretary under this subchapter an              
                application for financial assistance for the airport.          
                (20) "State" means a State of the United States, the           
            District of Columbia, Puerto Rico, the Virgin Islands,             
            American Samoa, the Northern Mariana Islands, the Trust            
            Territory of the Pacific Islands, and Guam.                        
                                                                               
      Sec. 47103. National plan of integrated airport systems                  
            (a) General Requirements and Considerations. -- The                
      Secretary of Transportation shall maintain the plan for                  
      developing public-use airports in the United States, named "the          
      national plan of integrated airport systems".  The plan shall            
      include the kind and estimated cost of eligible airport                  
      development the Secretary of Transportation considers necessary          
      to provide a safe, efficient, and integrated system of public-use        
      airports adequate to anticipate and meet the needs of civil              
      aeronautics, to meet the national defense requirements of the            
      Secretary of Defense, and to meet identified needs of the United         
      States Postal Service.  Airport development included in                  
      the plan may not be limited to meeting the needs of any                  
      particular classes or categories of public-use airports.  In             
      maintaining the plan, the Secretary of Transportation shall              
      consider the needs of each segment of civil aviation and                 
      the relationship of each airport to --                                   
                (1) the rest of the transportation system in the               
            particular area;                                                   
                (2) forecasted technological developments in                   
            aeronautics; and                                                   
                (3) forecasted developments in other modes of intercity        
            transportation.                                                    
            (b) Specific Requirements. -- In maintaining the plan, the         
      Secretary of Transportation shall --                                     
                (1) to the extent possible and as appropriate, consult         
            with departments, agencies, and instrumentalities of the           
            United States Government, with public agencies, and with           
            the aviation community;                                            
                (2) consider tall structures that reduce safety or             
            airport capacity; and                                              
                (3) make every reasonable effort to address the needs          
            of air cargo operations, Short Takeoff and Landing/Very            
            Short Takeoff and Landing aircraft operations, and rotary          
            wing aircraft operations.                                          
            (c) Availability of Domestic Military Airports and Airport         
      Facilities. -- To the extent possible, the Secretary of Defense          
      shall make domestic military airports and airport facilities             
      available for civil use.  In advising the Secretary of                   
      Transportation under subsection (a) of this section, the                 
      Secretary of Defense shall indicate the extent to which domestic         
      military airports and airport facilities are available for civil         
      use.                                                                     
            (d) Publication. -- The Secretary of Transportation shall          
      publish the status of the plan every 2 years.                            
                                                                               
      Sec. 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                  
      Transportation may make project grants                                   
        under this subchapter 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                   
      apportioned under section 47114(c) and (d)(2) of this title.             
            (c) Expiration of Authority. -- After September 30, 1993,          
      the Secretary may not incur obligations under subsection (b) of          
      this section, except for obligations of amounts remaining                
      available after that date under section 47117(b) of this title.          
                                                                               
      Sec. 47105. Project grant applications                                   
            (a) Submission and Consultation. -- (1) An application for         
      a project grant under this subchapter may be submitted to the            
      Secretary of Transportation by --                                        
                (A) a sponsor; or                                              
                (B) a State, as the only sponsor, for an airport               
            development project benefitting at least 2 airports in the         
            State or for airport planning for similar projects for at          
            least 2 airports in the State if --                                
                    (i) the sponsor of each airport gives written              
                consent that the State be the applicant;                       
                    (ii) the Secretary is satisfied there is                   
                administrative merit and aeronautical benefit in the           
                State being the sponsor; and                                   
                    (iii) an acceptable agreement exists that ensures          
                that the State will comply with appropriate grant              
                conditions and other assurances the Secretary requires.        
            (2) Before deciding to undertake an airport development            
      project at an airport under this subchapter, 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 approaches;           
            and                                                                
                (4) shall be in the form and contain other information         
            the Secretary prescribes.                                          
            (c) State Standards for Airport Development. -- The                
      Secretary may approve standards (except standards for safety of          
      approaches) that a State prescribes for airport development at           
      nonprimary public-use airports in the State.  On approval under          
      this subsection, a State's standards apply to the nonprimary             
      public-use airports in the State instead 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.                                                              
            (d) Certification of Compliance. -- The Secretary may              
      require a sponsor to certify that the sponsor will comply with           
      this subchapter in carrying out the project.  The Secretary may          
      rescind the acceptance of a certification at any time.  This             
      subsection does not affect an obligation or responsibility of the        
      Secretary under another law of the United States.                        
            (e) Notification. -- The sponsor of an airport for which an        
      amount is apportioned under section 47114(c) of this title shall         
      notify the Secretary of the fiscal year in which the sponsor             
      intends to submit a project grant application for the apportioned        
      amount.  The notification shall be given by the time and contain         
      the information the Secretary prescribes.                                
                                                                               
      Sec. 47106. Project grant application approval conditioned on            
      satisfaction of project requirements                                     
            (a) Project Grant Application Approval. -- The Secretary of        
      Transportation may approve an application under this subchapter          
      for a project grant only if the Secretary is satisfied that --           
                (1) the project is consistent with plans (existing at          
            the time the project is approved) of public agencies               
            authorized by the State in which the airport is located to         
            plan for the development of the area surrounding the               
            airport;                                                           
                (2) the project will contribute to carrying out this           
            subchapter;                                                        
                (3) enough money is available to pay the project costs         
            that will not be paid by the United States Government under        
            this subchapter;                                                   
                (4) the project will be completed without unreasonable         
            delay; and                                                         
                (5) the sponsor has authority to carry out the project         
            as proposed.                                                       
            (b) Airport Development Project Grant Application Approval.        
      -- The Secretary may approve an application under this subchapter        
      for an airport development project grant for an airport only if          
      the Secretary is satisfied that --                                       
                (1) the sponsor, a public agency, or the Government            
            holds good title to the areas of the airport used or               
            intended to be used for the landing, taking off, or surface        
            maneuvering of aircraft, or that good title will be                
            acquired;                                                          
                (2) the interests of the community in or near which the        
            project may be located have been given fair consideration;         
            and                                                                
                (3) the application provides touchdown zone and                
            centerline runway lighting, high intensity runway lighting,        
            or land necessary for installing approach light systems            
            that the Secretary, considering the category of the airport        
            and the kind and volume of traffic using it, decides is            
            necessary for safe and efficient use of the airport by             
            aircraft.                                                          
            (c) Environmental Requirements. -- (1) The Secretary may           
      approve an application under this subchapter for an airport              
      development project involving the location of an airport or              
      runway or a major runway extension --                                    
                (A) only if the sponsor certifies to the Secretary             
            that --                                                            
                    (i) an opportunity for a public hearing was given          
                to consider the economic, social, and environmental            
                effects of the location and the location's consistency         
                with the objectives of any planning that the community         
                has carried out; and                                           
                    (ii) the airport management board has voting               
                representation from the communities in which the               
                project is located or has advised the communities that         
                they have the right to petition the Secretary about            
                a proposed project;                                            
                (B) only if the chief executive officer of the State in        
            which the project will be located certifies in writing to          
            the Secretary that there is reasonable assurance that the          
            project will be located, designed, constructed, and                
            operated in compliance with applicable air and water               
            quality standards, except that the Administrator of the            
            Environmental Protection Agency shall make the                     
            certification instead of the chief executive officer if --         
                    (i) the State has not approved any applicable State        
                or local standards; and                                        
                    (ii) the Administrator has prescribed applicable           
                standards; and                                                 
                (C) if the application is found to have a significant          
            adverse effect on natural resources, including fish and            
            wildlife, natural, scenic, and recreation assets, water and        
            air quality, or another factor affecting the environment,          
            only after finding that no possible and prudent alternative        
            to the project exists and that every reasonable step has           
            been taken to minimize the adverse effect.                         
            (2) The Secretary may approve an application under this            
      subchapter for an airport development project that does not              
      involve the location of an airport or runway, or a major runway          
      extension, at an existing airport without requiring an                   
      environmental impact statement related to noise for the project          
      if --                                                                    
                (A) completing the project would allow operations at           
            the airport involving aircraft complying with the noise            
            standards prescribed for "stage 2" aircraft in section 36.1        
            of title 14, Code of Federal Regulations, to replace               
            existing operations involving aircraft that do not comply          
            with those standards; and                                          
                (B) the project meets the other requirements under this        
            subchapter.                                                        
            (3) At the Secretary's request, the sponsor shall give the         
      Secretary a copy of the transcript of any hearing held under             
      paragraph (1)(A) of this subsection.                                     
            (4)(A) Notice of certification or of refusal to certify            
      under paragraph (1)(B) of this subsection shall be provided to           
      the Secretary not later than 60 days after the Secretary receives        
      the application.                                                         
            (B) The Secretary shall condition approval of the                  
      application on compliance with the applicable standards during           
      construction and operation.                                              
            (5) The Secretary may make a finding under paragraph (1)(C)        
      of this subsection only after completely reviewing the matter.           
      The review and finding must be a matter of public record.                
            (d) General Aviation Airport Project Grant Application             
      Approval. -- (1) In this subsection, "general aviation airport"          
      means a public airport that is not an air carrier airport.               
            (2) The Secretary may approve an application under this            
      subchapter for an airport development project included in a              
      project grant application involving the construction or extension        
      of a runway at a general aviation airport located on both sides          
      of a boundary line separating 2 counties within a State only if,         
      before the application is submitted to the Secretary, the project        
      is approved by the governing body of each village incorporated           
      under the laws of the State and located entirely within 5 miles          
      of the nearest boundary of the airport.                                  
            (e) Withholding Approval. -- (1) The Secretary may withhold        
      approval of an application under this subchapter for amounts             
      apportioned under section 47114(c) and (e) of this title for             
      violating an assurance or requirement of this subchapter only            
      if --                                                                    
                (A) the Secretary provides the sponsor an opportunity          
            for a hearing; and                                                 
                (B) not later than 180 days after the later of the date        
            of the application or the date the Secretary discovers the         
            noncompliance, the Secretary finds that a violation has            
            occurred.                                                          
            (2) The 180-day period may be extended by --                       
                (A) agreement between the Secretary and the sponsor; or        
                (B) the hearing officer if the officer decides an              
            extension is necessary because the sponsor did not follow          
            the schedule the officer established.                              
            (3) A person adversely affected by an order of the                 
      Secretary withholding approval may obtain review of the order by         
      filing a petition in the United States Court of Appeals for the          
      District of Columbia Circuit or in the court of appeals of the           
      United States for the circuit in which the project is located.           
      The action must be brought not later than 60 days after the order        
      is served on the petitioner.                                             
                                                                               
      Sec. 47107. Project grant application approval conditioned on            
      assurances about airport operations                                      
            (a) General Written Assurances. -- The Secretary of                
      Transportation may approve a project grant application under this        
      subchapter for an airport development project only if the                
      Secretary receives written assurances, satisfactory to the               
      Secretary, that --                                                       
                (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 such services              
                necessary 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;           
                (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) the Secretary will approve the plan and any            
                revision or modification 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         
                if the alteration does not comply with the plan the            
                Secretary approves, and the Secretary is of the opinion        
                that the alteration may affect adversely the safety,           
                utility, or efficiency of the airport; and                     
                    (D) when an alteration in the airport or its               
                facility is made that does not conform to the approved         
                plan and that the Secretary decides adversely affects          
                the safety, utility, or efficiency of any property on          
                or off the airport that is owned, leased, or financed          
                by the Government, the owner or operator, if requested         
                by the Secretary, will --                                      
                        (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;                            
                (17) 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 title IX of the Federal Property and              
            Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)        
            or an equivalent qualifications-based requirement                  
            prescribed for or by the sponsor; and                              
                (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.            
            (b) Written Assurances on Use of Revenue. -- (1) The               
      Secretary of Transportation may approve a project grant                  
      application under this subchapter for an airport development             
      project only if the Secretary receives written assurances,               
      satisfactory to the Secretary, that local taxes on aviation fuel         
      (except taxes in effect on December 30, 1987) and the revenues           
      generated by a public airport will be expended for the capital or        
      operating costs of --                                                    
                (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) Written Assurances on Acquiring Land. -- (1) In this           
      subsection, land is needed for an airport purpose (except a noise        
      compatibility purpose) if --                                             
                (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 --                                           
                    (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 paid to the          
                Secretary for deposit in the Airport and Airway Trust          
                Fund established under section 9502 of the Internal            
                Revenue Code of 1986 (26 U.S.C. 9502) or, as the               
                Secretary prescribes, reinvested in an approved noise          
                compatibility project; 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,          
                on application to the Secretary, in another eligible           
                airport development project the Secretary approves             
                under this subchapter or paid to the Secretary for             
                deposit in the Fund if another eligible project does           
                not exist.                                                     
            (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.                                                            
            (d) Assurances of Continuation as Public-Use Airport. --           
      The Secretary of Transportation may approve an application under         
      this subchapter for an airport development project grant for a           
      privately owned public-use airport only if the Secretary receives        
      appropriate assurances that the airport will continue to function        
      as a public-use airport during the economic life (that must be at        
      least 10 years) of any facility at the airport that was developed        
      with Government financial assistance under this subchapter.              
            (e) Written Assurances of Opportunities for Small Business         
      Concerns. -- (1) The Secretary of Transportation may approve a           
      project grant application under this subchapter for an airport           
      development project only if the Secretary receives written               
      assurances, satisfactory to the Secretary, that the airport              
      owner or operator will take necessary action to ensure, to the           
      maximum extent practicable, that at least 10 percent of all              
      businesses at the airport selling consumer products or providing         
      consumer services to the public are small business concerns (as          
      defined by regulations of the Secretary) owned and controlled by         
      a socially and economically disadvantaged individual (as defined         
      in section 47113(a) of this title).                                      
            (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.                                                              
            (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 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) Availability of Amounts. -- An amount deposited in the         
      Airport and Airway Trust Fund under --                                   
                (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) Ensuring Compliance. -- (1) To ensure compliance with          
      this section, the Secretary of Transportation --                         
                (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) Modifying Assurances and Requiring Compliance With             
      Additional Assurances. -- Before modifying an assurance required         
      of a person receiving a grant under this subchapter and in effect        
      after December 29, 1987, or to require compliance with an                
      additional assurance from the person, the Secretary of                   
      Transportation must --                                                   
                (1) publish notice of the proposed modification in the         
            Federal Register; and                                              
                (2) provide an opportunity for comment on the proposal.        
            (i) Relief From Obligation To Provide Free Space. -- When a        
      sponsor provides a property interest in a land or water area or a        
      building that the Secretary of Transportation uses to construct a        
      facility at Government expense, the Secretary may relieve the            
      sponsor from an obligation in a contract made under this chapter,        
      the Airport and Airway Development Act of 1970, or the Federal           
      Airport Act to provide free space to the Government in an airport        
      building, to the extent the Secretary finds that the free space          
      no longer is needed to carry out activities related to air               
      traffic control or navigation.                                           
            (j) Use of Revenue in Hawaii. -- (1) In this subsection --         
                (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.                  
                                                                               
      Sec. 47108. Project grant agreements                                     
            (a) Offer and Acceptance. -- On approving a project grant          
      application under this subchapter, the Secretary of                      
      Transportation shall offer the sponsor a grant to pay the United         
      States Government's share of the project costs allowable under           
      section 47110 of this title.  The Secretary may impose terms             
      on the offer that the Secretary considers necessary to carry out         
      this subchapter and regulations prescribed under this subchapter.        
      An offer shall state the obligations to be assumed by the sponsor        
      and the maximum amount the Government will pay for the project           
      from the amounts authorized under chapter 481 of this title              
      (except sections 48102(e), 48106, 48107, and 48110).  At the             
      request of the sponsor, an offer of a grant for a project that           
      will not be completed in one fiscal year shall provide for the           
      obligation of amounts apportioned or to be apportioned to a              
      sponsor under section 47114(c) of this title for the fiscal years        
      necessary to pay the Government's share of the cost of the               
      project.  An offer that is accepted in writing by the sponsor is         
      an agreement binding on the Government and the sponsor.  The             
      Government may pay or be obligated to pay a project cost only            
      after a grant agreement for the project is signed.                       
            (b) Increasing Government's Share Under This Subchapter or         
      Chapter 475. -- (1) When an offer has been accepted in writing,          
      the amount stated in the offer as the maximum amount the                 
      Government will pay may be increased only as provided in                 
      paragraphs (2) and (3) of this subsection.                               
            (2)(A) For a project receiving assistance under a grant            
      approved under the Airport and Airway Improvement Act of 1982            
      before October 1, 1987, the amount may be increased by not more          
      than --                                                                  
                (i) 10 percent for an airport development project,             
            except a project for acquiring an interest in land; and            
                (ii) 50 percent of the total increase in allowable             
            project costs attributable to acquiring an interest in             
            land, based on current creditable appraisals.                      
            (B) An increase under subparagraph (A) of this paragraph           
      may be paid only from amounts the Government recovers from other         
      grants made under this subchapter.                                       
            (3) For a project receiving assistance under a grant               
      approved under the Act, this subchapter, or chapter 475 of this          
      title after September 30, 1987, the amount may be increased --           
                (A) for an airport development project, by not more            
            than 15 percent; and                                               
                (B) for a grant after September 30, 1992, to acquire an        
            interest in land for an airport (except a primary airport),        
            by not more than the greater of the following, based on            
            current creditable appraisals or a court award in a                
            condemnation proceeding:                                           
                    (i) 15 percent; or                                         
                    (ii) 25 percent of the total increase in allowable         
                project costs attributable to acquiring an interest in         
                land.                                                          
            (c) Increasing Government's Share Under Airport and Airway         
      Development Act of 1970. -- For a project receiving assistance           
      under a grant made under the Airport and Airway Development Act          
      of 1970, the maximum amount the Government will pay may be               
      increased by not more than 10 percent.  An increase under this           
      subsection may be paid only from amounts the Government recovers         
      from other grants made under the Act.                                    
            (d) Changing Workscope. -- With the consent of the sponsor,        
      the Secretary may amend a grant agreement made under this                
      subchapter to change the workscope of a project financed under           
      the grant if the amendment does not result in an increase in the         
      maximum amount the Government may pay under subsection (b) of            
      this section.                                                            
                                                                               
      Sec. 47109. United States Government's share of project costs            
            (a) General. -- Except as provided in subsections (b) and          
      (c) of this section, the United States Government's share of             
      allowable project costs is --                                            
                (1) 75 percent for a project at a primary airport              
            having at least .25 percent of the total number of                 
            passenger boardings each year at all commercial service            
            airports; and                                                      
                (2) 90 percent for a project at any other airport.             
            (b) Increased Government Share.--If, under subsection (a)          
      of this section, the Government's share of allowable costs of a          
      project in a State containing unappropriated and unreserved              
      public lands and nontaxable Indian lands (individual and tribal)         
      of more than 5 percent of the total area of all lands in the             
      State, is less than the share applied on June 30, 1975, under            
      section 17(b) of the Airport and Airway Development Act of 1970,         
      the Government's share under subsection (a) of this section shall        
      be increased by the lesser of --                                         
                (1) 25 percent;                                                
                (2) one-half of the percentage that the area of                
            unappropriated and unreserved public lands and nontaxable          
            Indian lands in the State is of the total area of the              
            State; or                                                          
                (3) the percentage necessary to increase the                   
            Government's share to the percentage that applied on June          
            30, 1975, under section 17(b) of the Act.                          
            (c) Limitation. -- Notwithstanding subsections (a) and (b)         
      of this section, the Government's share of project costs                 
      allowable under section 47110(d) of this title may not be more           
      than 75 percent, except that the Government's share shall be 85          
      percent for a project at a commercial service airport that does          
      not have more than .05 percent of the total annual passenger             
      boardings in the United States.                                          
                                                                               
      Sec. 47110. Allowable project costs                                      
            (a) General Authority. -- Except as provided in section            
      47111 of this title, the United States Government may pay or be          
      obligated to pay, from amounts appropriated to carry out this            
      subchapter, a cost incurred in carrying out a project under this         
      subchapter only if the Secretary of Transportation decides the           
      cost is allowable.                                                       
            (b) Allowable Cost Standards. -- A project cost is                 
      allowable --                                                             
                (1) if the cost necessarily is incurred in carrying out        
            the project in compliance with the grant agreement made for        
            the project under this subchapter, including any cost a            
            sponsor incurs related to an audit the Secretary requires          
            under section 47121(b) or (d) of this title;                       
                (2) if the cost is incurred --                                 
                    (A) after the grant agreement is executed and is           
                for airport development or airport planning carried out        
                after the grant agreement is executed; or                      
                    (B) after June 1, 1989, by the airport operator            
                (regardless of when the grant agreement is executed) as        
                part of a Government-approved noise compatibility              
                program (including project formulation costs) and is           
                consistent with all applicable statutory and                   
                administrative requirements;                                   
                (3) to the extent the cost is reasonable in amount;            
                (4) if the cost is not incurred in a project for               
            airport development or airport planning for which other            
            Government assistance has been granted; and                        
                (5) if the total costs allowed for the project are not         
            more than the amount stated in the grant agreement as the          
            maximum the Government will pay (except as provided in             
            section 47108(b) of this title).                                   
            (c) Certain Prior Costs as Allowable Costs. -- The                 
      Secretary may decide that a project cost under subsection                
      (b)(2)(A) of this section incurred after May 13, 1946, and before        
      the date the grant agreement is executed is allowable if it is --        
                (1) necessarily incurred in formulating an airport             
            development project, including costs incurred for field            
            surveys, plans and specifications, property interests in           
            land or airspace, and administration or other incidental           
            items that would not have been incurred except for the             
            project; or                                                        
                (2) necessarily and directly incurred in developing the        
            work scope of an airport planning project.                         
            (d) Terminal Development Costs. -- (1) The Secretary may           
      decide that the cost of terminal development (including                  
      multi-modal terminal development) in a nonrevenue-producing              
      public-use area of a commercial service airport is allowable for         
      an airport development project at the airport --                         
                (A) if the sponsor certifies that the airport, on the          
            date the grant application is submitted to the Secretary,          
            has --                                                             
                    (i) all the safety equipment required for                  
                certification of the airport under section 44706 of            
                this title;                                                    
                    (ii) all the security equipment required by                
                regulation; and                                                
                    (iii) provided for access, to the area of the              
                airport for passengers for boarding or exiting                 
                aircraft, to those passengers boarding or exiting              
                aircraft, except air carrier aircraft;                         
                (B) if the cost is directly related to moving                  
            passengers and baggage in air commerce within the airport,         
            including vehicles for moving passengers between terminal          
            facilities and between terminal facilities and aircraft;           
            and                                                                
                (C) under terms necessary to protect the interests of          
            the Government.                                                    
            (2) In making a decision under paragraph (1) of this               
      subsection, the Secretary may approve as allowable costs the             
      expenses of terminal development in a revenue-producing area and         
      construction, reconstruction, repair, and improvement in a               
      nonrevenue-producing parking lot if --                                   
                (A) the airport does not have more than .05 percent of         
            the total annual passenger boardings in the United States;         
            and                                                                
                (B) the sponsor certifies that any needed airport              
            development project affecting safety, security, or capacity        
            will not be deferred because of the Secretary's approval.          
            (e) Letters of Intent. -- (1) The Secretary may issue a            
      letter of intent to the sponsor stating an intention to obligate         
      from future budget authority an amount, not more than the                
      Government's share of allowable project costs, for an airport            
      development project (including costs of formulating the project)         
      at a primary or reliever airport.  The letter shall establish a          
      schedule under which the Secretary will reimburse the sponsor for        
      the Government's share of allowable project costs, as amounts            
      become available, if the sponsor, after the Secretary issues the         
      letter, carries out the project without receiving amounts under          
      this subchapter.                                                         
            (2) Paragraph (1) of this subsection applies to a                  
      project --                                                               
                (A) about which the sponsor notifies the Secretary,            
            before the project begins, of the sponsor's intent to carry        
            out the project;                                                   
                (B) that will comply with all statutory and                    
            administrative requirements that would apply to the project        
            if it were carried out with amounts made available under           
            this subchapter; and                                               
                (C) the Secretary decides will enhance system-wide             
            airport capacity significantly and meets the criteria of           
            section 47115(d) of this title.                                    
            (3) A letter of intent issued under paragraph (1) of this          
      subsection is not an obligation of the Government under section          
      1501 of title 31, and the letter is not deemed to be an                  
      administrative commitment for financing.  An obligation or               
      administrative commitment may be made only as amounts are                
      provided in authorization and appropriation laws.                        
            (4) The total estimated amount of future Government                
      obligations covered by all outstanding letters of intent under           
      paragraph (1) of this subsection may not be more than the amount         
      authorized to carry out section 48103 of this title, less an             
      amount reasonably estimated by the Secretary to be needed for            
      grants under section 48103 that are not covered by a letter.             
            (5) A letter of intent issued under paragraph (1) of this          
      subsection may not condition the obligation of amounts on the            
      imposition of a passenger facility fee.                                  
            (f) Nonallowable Costs. -- Except as provided in subsection        
      (d) of this section and section 47118(f) of this title, a cost is        
      not an allowable airport development project cost if it is for --        
                (1) constructing a public parking facility for                 
            passenger automobiles;                                             
                (2) constructing, altering, or repairing part of an            
            airport building, except to the extent the building will be        
            used for facilities or activities directly related to the          
            safety of individuals at the airport;                              
                (3) decorative landscaping; or                                 
                (4) providing or installing sculpture or art works.            
                                                                               
      Sec. 47111. Payments under project grant agreements                      
            (a) General Authority. -- After making a project grant             
      agreement under this subchapter and consulting with the sponsor,         
      the Secretary of Transportation may decide when and in what              
      amounts payments under the agreement will be made.  Payments             
      totaling not more than 90 percent of the United States                   
      Government's share of the project's estimated allowable costs may        
      be made before the project is completed if the sponsor certifies         
      to the Secretary that the total amount expended from the advance         
      payments at any time will not be more than the cost of the               
      airport development work completed on the project at that time.          
            (b) Recovering Payments. -- If the Secretary determines            
      that the total amount of payments made under a grant agreement           
      under this subchapter is more than the Government's share of the         
      total allowable project costs, the Government may recover the            
      excess amount.  If the Secretary finds that a project for which          
      an advance payment was made has not been completed within a              
      reasonable time, the Government may recover any part of the              
      advance payment for which the Government received no benefit.            
            (c) Payment Deposits. -- A payment under a project grant           
      agreement under this subchapter may be made only to an official          
      or depository designated by the sponsor and authorized by law to         
      receive public money.                                                    
            (d) Withholding Payments. -- (1) The Secretary may withhold        
      a payment under a grant agreement under this subchapter for more         
      than 180 days after the payment is due only if the Secretary --          
                (A) notifies the sponsor and provides an opportunity           
            for a hearing; and                                                 
                (B) finds that the sponsor has violated the agreement.         
            (2) The 180-day period may be extended by --                       
                (A) agreement of the Secretary and the sponsor; or             
                (B) the hearing officer if the officer decides an              
            extension is necessary because the sponsor did not follow          
            the schedule the officer established.                              
            (3) A person adversely affected by an order of the                 
      Secretary withholding a payment may apply for review of the order        
      by filing a petition in the United States Court of Appeals for           
      the District of Columbia Circuit or in the court of appeals of           
      the United States for the circuit in which the project is                
      located.  The petition must be filed not later than 60 days after        
      the order is served on the petitioner.                                   
                                                                               
      Sec. 47112. Carrying out airport development projects                    
            (a) Construction Work. -- The Secretary of Transportation          
      may inspect and approve construction work for an airport                 
      development project carried out under a grant agreement under            
      this subchapter.  The construction work must be carried out in           
      compliance with regulations the Secretary prescribes.  The               
      regulations shall require the sponsor to make necessary cost and         
      progress reports on the project.  The regulations may amend or           
      modify a contract related to the project only if the contract was        
      made with actual notice of the regulations.                              
            (b) Prevailing Wages. -- A contract for more than $2,000           
      involving labor for an airport development project carried out           
      under a grant agreement under this subchapter must require               
      contractors to pay labor minimum wage rates as determined by the         
      Secretary of Labor under the Act of March 3, 1931 (known as              
      the Davis-Bacon Act) (40 U.S.C. 276a -- 276a-5).  The minimum            
      rates must be included in the bids for the work and in the               
      invitation for those bids.                                               
            (c) Veterans' Preference. -- (1) In this subsection --             
                (A) "disabled veteran" has the same meaning given that         
            term in section 2108 of title 5.                                   
                (B) "Vietnam-era veteran" means an individual who are          
            reserved on active duty (as defined in section 101 of title        
            38) in the armed forces for more than 180 consecutive days,        
            any part of which occurred after August 4, 1964, and before        
            May 8, 1975, and who was separated from the armed forces           
            under honorable conditions.                                        
            (2) A contract involving labor for carrying out an airport         
      development project under a grant agreement under this subchapter        
      must require that preference in the employment of labor (except          
      in executive, administrative, and supervisory positions) be given        
      to Vietnam-era veterans and disabled veterans when they are              
      available and qualified for the employment.                              
                                                                               
      Sec. 47113. Minority and disadvantaged business participation            
            (a) Definitions. -- In this section --                             
                (1) "small business concern" --                                
                    (A) has the same meaning given that term in section        
                3 of the Small Business Act (15 U.S.C. 632); but               
                    (B) does not include a concern, or group of                
                concerns controlled by the same socially and                   
                economically disadvantaged individual, that has average        
                annual gross receipts over the prior 3 fiscal years of         
                more than $16,015,000, as adjusted by the Secretary of         
                Transportation for inflation.                                  
                (2) "socially and economically disadvantaged                   
            individual" has the same meaning given that term in section        
            8(c) of the Act (15 U.S.C. 637(c)) and relevant                    
            subcontracting regulations prescribed under section 8(c),          
            except that women are presumed to be socially and                  
            economically disadvantaged.                                        
            (b) General Requirement. -- Except to the extent the               
      Secretary decides otherwise, at least 10 percent of amounts              
      available in a fiscal year under section 48103 of this title             
      shall be expended with small business concerns owned and                 
      controlled by socially and economically disadvantaged                    
      individuals.                                                             
            (c) Uniform Criteria. -- The Secretary shall establish             
      minimum uniform criteria for State governments and airport               
      sponsors to use in certifying whether a small business concern           
      qualifies under this section.  The criteria shall include on-site        
      visits, personal interviews, licenses, analyses of stock                 
      ownership and bonding capacity, listings of equipment and work           
      completed, resumes of principal owners, financial capacity, and          
      type of work preferred.                                                  
            (d) Surveys and Lists. -- Each State or airport sponsor            
      annually shall survey and compile a list of small business               
      concerns referred to in subsection (b) of this section and the           
      location of each concern in the State.                                   
      Sec. 47114. Apportionments                                               
            (a) Definition. -- In this section, "amount subject to             
      apportionment" means the amount newly made available under               
      section 48103 of this title for a fiscal year.                           
            (b) Apportionment Date. -- On the first day of each fiscal         
      year, the Secretary of Transportation shall apportion the amount         
      subject to apportionment for that fiscal year as provided in this        
      section.                                                                 
            (c) Amounts Apportioned to Sponsors. -- (1)(A) The                 
      Secretary shall apportion to the sponsor of each primary airport         
      for each fiscal year an amount equal to --                               
                (i) $7.80 for each of the first 50,000 passenger               
            boardings at the airport during the prior calendar year;           
                (ii) $5.20 for each of the next 50,000 passenger               
            boardings at the airport during the prior calendar year;           
                (iii) $2.60 for each of the next 400,000 passenger             
            boardings at the airport during the prior calendar year;           
            and                                                                
                (iv) $.65 for each additional passenger boarding at the        
            airport during the prior calendar year.                            
            (B) Not less than $400,000 nor more than $22,000,000 may be        
      apportioned under subparagraph (A) of this paragraph to an               
      airport sponsor for a primary airport for each fiscal year.              
            (2)(A) The Secretary shall apportion to the sponsors of            
      airports served by aircraft providing air transportation of only         
      cargo with a total annual landed weight of more than 100,000,000         
      pounds for each fiscal year an amount equal to 3.5 percent of the        
      amount subject to apportionment each year, allocated among those         
      airports in the proportion that the total annual landed weight of        
      those aircraft landing at each of those airports bears to the            
      total annual landed weight of those aircraft landing at all those        
      airports.  However, not more than 8 percent of the amount                
      apportioned under this paragraph may be apportioned for any one          
      airport.                                                                 
            (B) Landed weight under subparagraph (A) of this paragraph         
      is the landed weight of aircraft landing at each of those                
      airports and all those airports during the prior calendar year.          
            (3) The total of all amounts apportioned under paragraphs          
      (1) and (2) of this subsection may not be more than 44 percent of        
      the amount subject to apportionment for a fiscal year.  If this          
      paragraph requires reduction of an amount that otherwise would be        
      apportioned under this subsection, the Secretary shall reduce            
      proportionately the amount apportioned to each sponsor of an             
      airport under paragraphs (1) and (2) until the 44 percent limit          
      is achieved.                                                             
            (d) Amounts Apportioned to States. -- (1) In this                  
      subsection --                                                            
                (A) "area" includes land and water.                            
                (B) "population" means the population stated in the            
            latest decennial census of the United States.                      
            (2) The Secretary shall apportion to the States 12 percent         
      of the amount subject to apportionment for each fiscal year as           
      follows:                                                                 
                (A) one percent of the apportioned amount to Guam,             
            American Samoa, the Northern Mariana Islands, the Trust            
            Territory of the Pacific Islands, and the Virgin Islands.          
                (B) except as provided in paragraph (3) of this                
            subsection, 49.5 percent of the apportioned amount for             
            airports, except primary airports and airports described in        
            section 47117(e)(1)(C) of this title, in States not named          
            in clause (A) of this paragraph in the proportion that the         
            population of each of those States bears to the total              
            population of all of those States.                                 
                (C) except as provided in paragraph (3) of this                
            subsection, 49.5 percent of the apportioned amount for             
            airports, except primary airports and airports described in        
            section 47117(e)(1)(C) of this title, in States not named          
            in clause (A) of this paragraph in the proportion that the         
            area of each of those States bears to the total area of all        
            of those States.                                                   
            (3) An amount apportioned under paragraph (2) of this              
      subsection for an airport in --                                          
                (A) Alaska may be made available by the Secretary for a        
            public airport described in section 47117(e)(1)(C)(ii) of          
            this title to which section 15(a)(3)(A)(II) of the Airport         
            and Airway Development Act of 1970 applied during the              
            fiscal year that ended September 30, 1981; and                     
                (B) Puerto Rico may be made available by the Secretary         
            for a primary airport and an airport described in section          
            47117(e)(1)(C) of this title.                                      
            (e) Alternative Apportionment for Alaska. -- (1) Instead of        
      apportioning amounts for airports in Alaska under subsections (c)        
      and (d) of this section, the Secretary may apportion amounts for         
      those airports in the way in which amounts were apportioned in           
      the fiscal year ending September 30, 1980, under section 15(a) of        
      the Act. However, in apportioning amounts for a fiscal year              
      under this subsection, the Secretary shall apportion --                  
                (A) for each primary airport at least as much as would         
            be apportioned for the airport under subsection (c)(1) of          
            this section; and                                                  
                (B) a total amount at least equal to the minimum amount        
            required to be apportioned to airports in Alaska in the            
            fiscal year ending September 30, 1980, under section               
            15(a)(3)(A) of the Act.                                            
            (2) This subsection does not prohibit the Secretary from           
      making project grants for airports in Alaska from the                    
      discretionary fund under section 47115 of this title.                    
            (3) Airports referred to in this subsection include those          
      public airports that received scheduled service as of September          
      3, 1982, but were not apportioned amounts in the fiscal year             
      ending September 30, 1980, under section 15(a) of the Act because        
      the airports were not under the control of a State or local              
      public agency.                                                           
            (f) Reducing Apportionments. -- An amount that would be            
      apportioned under this section (except subsection (c)(2)) in a           
      fiscal year to the sponsor of an airport having at least .25             
      percent of the total number of boardings each year in the United         
      States and for which a fee is imposed in the fiscal year under           
      section 40117 of this title shall be reduced by an amount equal          
      to 50 percent of the projected revenues from the fee in the              
      fiscal year but not by more than 50 percent of the amount that           
      otherwise would be apportioned under this section.                       
                                                                               
      Sec. 47115. Discretionary fund                                           
            (a) Existence and Amounts in Fund. -- The Secretary of             
      Transportation has a discretionary fund.  The fund consists of --        
                (1) amounts subject to apportionment for a fiscal year         
            that are not apportioned under section 47114(c)-(e) of this        
            title; and (2) 25 percent of amounts not apportioned under         
            section 47114 of this title because of section 47114(f).           
            (b) Availability of Amounts. -- Subject to subsection (c)          
      of this section and section 47117(e) of this title, the fund is          
      available for making grants for any purpose for which amounts are        
      made available under section 48103 of this title that the                
      Secretary considers most appropriate to carry out this                   
      subchapter.  However, 50 percent of amounts not apportioned under        
      section 47114 of this title because of section 47114(f) and added        
      to the fund is available for making grants for projects at small         
      hub airports (as defined in section 41731 of this title).                
            (c) Minimum Percentage for Primary and Reliever Airports.          
      -- At least 75 percent of the amount in the fund and distributed         
      by the Secretary in a fiscal year shall be used for making grants        
      --                                                                       
                (1) to preserve and enhance capacity, safety, and              
            security at primary and reliever airports; and                     
                (2) to carry out airport noise compatibility planning          
            and programs at primary and reliever airports.                     
            (d) Considerations. -- In selecting a project for a grant          
      to preserve and enhance capacity as described in subsection              
      (c)(1) of this section, the Secretary shall consider --                  
                (1) the effect the project will have on the overall            
            national air transportation system capacity;                       
                (2) the project benefit and cost; and                          
                (3) the financial commitment from non-United States            
            Government sources to preserve or enhance airport capacity.        
            (e) Waiving Percentage Requirement. -- If the Secretary            
      decides the Secretary cannot comply with the percentage                  
      requirement of subsection (c) of this section in a fiscal year           
      because there are insufficient qualified grant applications to           
      meet that percentage, the amount the Secretary determines will           
      not be distributed as required by subsection (c) is available for        
      obligation during the fiscal year without regard to the                  
      requirement.                                                             
                                                                               
      Sec. 47116. Small airport fund                                           
            (a) Existence and Amounts in Fund. -- The Secretary of             
      Transportation has a small airport fund.  The fund consists of 75        
      percent of amounts not apportioned under section 47114 of this           
      title because of section 47114(f).                                       
            (b) Distribution of Amounts. -- The Secretary may                  
      distribute amounts in the  fund in each fiscal year for any              
      purpose for which amounts are made available under section 48103         
      of this title as follows:                                                
                (1) one-third for grants to sponsors of public-use             
            airports (except commercial service airports).                     
                (2) two-thirds for grants to sponsors of each                  
            commercial service airport that each year has less than .05        
            percent of the total boardings in the United States in that        
            year.                                                              
            (c) Authority To Receive Grant Not Dependent on                    
      Participation in Block Grant Pilot Program. -- An airport in a           
      State participating in the State block grant pilot program under         
      section 47128 of this title may receive a grant under this               
      section to the same extent the airport may receive a grant if the        
      State were not participating in the program.                             
                                                                               
      Sec. 47117. Use of apportioned amounts                                   
            (a) Grant Purpose. -- Except as provided in this section,          
      an amount apportioned under section 47114(c)(1) or (d)(2) of this        
      title is available for making grants for any purpose for which           
      amounts are made available under section 48103 of this title.            
            (b) Period of Availability. -- An amount apportioned under         
      section 47114 of this title is available to be obligated for             
      grants under the apportionment only during the fiscal year for           
      which the amount was apportioned and the 2 fiscal years                  
      immediately after that year.  If the amount is not obligated             
      under the apportionment within that time, it shall be added to           
      the discretionary fund.                                                  
            (c) Primary Airports. -- (1) An amount apportioned to a            
      sponsor of a primary airport under section 47114(c)(1) of this           
      title is available for grants for any public-use airport of the          
      sponsor included in the national plan of integrated airport              
      systems.                                                                 
            (2) A sponsor of a primary airport may make an agreement           
      with the Secretary of Transportation waiving any part of the             
      amount apportioned for the airport under section 47114(c)(1) of          
      this title if the Secretary makes the waived amount available for        
      a grant for another public-use airport in the same State or              
      geographical area as the primary airport.                                
            (d) State Use. -- An amount apportioned to a State under --        
                (1) section 47114(d)(2)(A) of this title is available          
            for grants for airports located in the State; and                  
                (2) section 47114(d)(2)(B) or (C) of this title is             
            available for grants for airports described in section             
            47114(d)(2)(B) or (C) and located in the State.                    
            (e) Special Apportionment Categories. -- (1) The Secretary         
      shall use amounts made available under section 48103 of this             
      title for each fiscal year as follows:                                   
                (A) at least 10 percent for grants for reliever                
            airports.                                                          
                (B) at least 12.5 percent for grants for airport noise         
            compatibility planning under section 47505(a)(2) of this           
            title and for carrying out noise compatibility programs            
            under section 47504(c)(1) of this title.                           
                (C) at least 2.5 percent for grants for --                     
                    (i) nonprimary commercial service airports; and            
                    (ii) public airports (except commercial service            
                airports) that were eligible for United States                 
                Government assistance from amounts apportioned under           
                section 15(a)(3) of the Airport and Airway Development         
                Act of 1970, and to which section 15(a)(3)(A)(I) or            
                (II) of the Act applied during the fiscal year that            
                ended September 30, 1981.                                      
                (D) at least .5 percent for integrated airport system          
            planning grants to planning agencies designated by the             
            Secretary and authorized by the laws of a State or                 
            political subdivision of a State to do planning for an             
            area of the State or subdivision in which a grant under            
            this chapter is to be used.                                        
                (E) at least 2.25 percent for the fiscal year ending           
            September 30, 1993, and at least 2.5 percent for each of           
            the fiscal years ending September 30, 1994, and 1995, to           
            sponsors of current or former military airports designated         
            by the Secretary under section 47118(a) of this title              
            for grants for developing current and former military              
            airports to improve the capacity of the national air               
            transportation system.                                             
            (2) A grant from the amount apportioned under section              
      47114(e) of this title may not be included as part of the 2.5            
      percent required to be used for grants under paragraph (1)(C) of         
      this subsection.                                                         
            (3) If the Secretary decides that an amount required to be         
      used for grants under paragraph (1) of this subsection cannot be         
      used for a fiscal year because there are insufficient qualified          
      grant applications, the amount the Secretary determines cannot be        
      used is available during the fiscal year for grants for other            
      airports or for other purposes for which amounts are authorized          
      for grants under section 48103 of this title.                            
            (f) Limitation for Commercial Service Airport in Alaska. --        
      The Secretary may not make a grant for a commercial service              
      airport in Alaska of more than 110 percent of the amount                 
      apportioned for the airport for a fiscal year under section              
      47114(e) of this title.                                                  
            (g) Discretionary Use of Apportionments. -- (1) Subject to         
      paragraph (2) of this subsection, if the Secretary finds, based          
      on the notices the Secretary receives under section 47105(e) of          
      this title or otherwise, that an amount apportioned under section        
      47114 of this title will not be used for grants during a fiscal          
      year, the Secretary may use an equal amount for grants during            
      that fiscal year for any of the purposes for which amounts are           
      authorized for grants under section 48103 of this title.                 
            (2) The Secretary may make a grant under paragraph (1) of          
      this subsection only if the Secretary decides that --                    
                (A) the total amount used for grants for the fiscal            
            year under section 48103 of this title will not be more            
            than the amount made available under section 48103 for that        
            fiscal year; and                                                   
                (B) the amounts authorized for grants under section            
            48103 of this title for later fiscal years are sufficient          
            for grants of the apportioned amounts that were not used           
            for grants under the apportionment during the fiscal year          
            and that remain available under subsection (b) of this             
            section.                                                           
            (h) Limiting Authority of Secretary. -- The authority of           
      the Secretary to make grants during a fiscal year from amounts           
      that were apportioned for a prior fiscal year and remain                 
      available for approved airport development project grants under          
      subsection (b) of this section may be impaired only by a law             
      enacted after September 3, 1982, that expressly limits that              
      authority.                                                               
                                                                               
      Sec. 47118. Designating current and former military airports             
            (a) General Requirements. -- The Secretary of                      
      Transportation shall designate not more than 12 current or former        
      military airports for which grants may be made under section             
      47117(e)(1)(E) of this title.                                            
            (b) Survey. -- Not later than September 30, 1991, the              
      Secretary shall complete a survey of current and former military         
      airports to identify which airports have the greatest potential          
      to improve the capacity of the national air transportation               
      system.  The survey shall identify the capital development               
      needs of those airports to make them part of the system and which        
      of those qualify for grants under section 47104 of this title.           
            (c) Considerations. -- In carrying out this section, the           
      Secretary shall consider only current or former military airports        
      that, when at least partly converted to civilian commercial or           
      reliever airports as part of the national air transportation             
      system, will enhance airport and air traffic control system              
      capacity in major metropolitan areas and reduce current and              
      projected flight delays.                                                 
            (d) Grants. -- Grants under section 47117(e)(1)(E) of this         
      title may be made for an airport designated under subsection (a)         
      of this section for the 5 fiscal years following the designation.        
      If an airport does not have a level of passengers getting on             
      aircraft during that 5-year period that qualifies the airport as         
      a small hub airport (as defined on January 1, 1990) or reliever          
      airport, the Secretary may redesignate the airport for grants for        
      additional fiscal years that the Secretary decides.                      
            (e) Terminal Building Facilities. -- Notwithstanding               
      section 47109(c) of this title, not more than $5,000,000 for each        
      airport from amounts the Secretary distributes under section             
      47115 of this title for a fiscal year is available to the sponsor        
      of a current or former military airport the Secretary designates         
      under this section to construct, improve, or repair a terminal           
      building facility, including terminal gates used for revenue             
      passengers getting on or off aircraft.  A gate constructed,              
      improved, or repaired under this subsection --                           
                (1) may not be leased for more than 10 years; and              
                (2) is not subject to majority in interest clauses.            
            (f) Parking Lots, Fuel Farms, and Utilities. -- Not more           
      than a total of $4,000,000 for each airport from amounts the             
      Secretary distributes under section 47115 of this title for the          
      fiscal years ending September 30, 1993-1995, is available to the         
      sponsor of a current or former military airport the Secretary            
      designates under this section to construct, improve, or repair           
      airport surface parking lots, fuel farms, and utilities.                 
                                                                               
      Sec. 47119. Terminal development costs                                   
            (a) Repaying Borrowed Money. -- An amount apportioned under        
      section 47114 of this title and made available to the sponsor of         
      an air carrier airport at which terminal development was carried         
      out after June 30, 1970, and before July 12, 1976, is available          
      to repay immediately money borrowed and used to pay the costs for        
      terminal development at the airport, if those costs would be             
      allowable project costs under section 47110(d) of this title if          
      they had been incurred after September 3, 1982. An amount is             
      available for a grant under this subsection --                           
                (1) only if --                                                 
                    (A) the sponsor submits the certification required         
                under section 47110(d) of this title;                          
                    (B) the Secretary of Transportation decides that           
                using the amount to repay the borrowed money will not          
                defer an airport development project outside the               
                terminal area at that airport; and                             
                    (C) amounts available for airport development under        
                this subchapter will not be used for additional                
                terminal development projects at the airport for at            
                least 3 years beginning on the date the grant is used          
                to repay the borrowed money; and                               
                (2) subject to the limitations in subsection (b)(1) and        
            (2) of this section.                                               
            (b) Availability of Amounts. -- In a fiscal year, the              
      Secretary may make available --                                          
                (1) to a sponsor of a primary airport, any part of             
            amounts apportioned to the sponsor for the fiscal year             
            under section 47114(c)(1) of this title to pay project             
            costs allowable under section 47110(d) of this title;              
                (2) to a sponsor of a nonprimary commercial service            
            airport, not more than $200,000 of the amount that may be          
            distributed for the fiscal year from the discretionary fund        
            to pay project costs allowable under section 47110(d) of           
            this title; or                                                     
                (3) not more than $25,000,000 to pay project costs             
            allowable for the fiscal year under section 47110(d) of            
            this title for projects at commercial service airports that        
            were not eligible for assistance for terminal development          
            during the fiscal year ending September 30, 1980, under            
            section 20(b) of the Airport and Airway Development Act of         
            1970.                                                              
                                                                               
      Sec. 47120. Grant priority                                               
            In making a grant under this subchapter, the Secretary of          
      Transportation may give priority to a project that is consistent         
      with an integrated airport system plan.                                  
                                                                               
      Sec. 47121. Records and audits                                           
            (a) Records. -- A sponsor shall keep the records the               
      Secretary of Transportation requires. The Secretary may require          
      records --                                                               
                (1) that disclose --                                           
                    (A) the amount and disposition by the sponsor of           
                the proceeds of the grant;                                     
                    (B) the total cost of the plan or program for which        
                the grant is given or used; and                                
                    (C) the amounts and kinds of costs of the plan or          
                program provided by other sources; and                         
                (2) that make it easier to carry out an audit.                 
            (b) Audits and Examinations. -- The Secretary and the              
      Comptroller General may audit and examine records of a sponsor           
      that are related to a grant made under this subchapter.                  
            (c) Authority of Comptroller General. -- When an                   
      independent audit is made of the accounts of a sponsor under this        
      subchapter related to the disposition of the proceeds of the             
      grant or related to the plan or program for which the grant was          
      given or used, the sponsor shall submit a certified copy of the          
      audit to the Comptroller General not more than 6 months after the        
      end of the fiscal year for which the audit was made.  Not later          
      than April 15 of each year, the Comptroller General shall report         
      to Congress describing the results of each audit conducted or            
      reviewed by the Comptroller General under this section during the        
      prior fiscal year.  The Comptroller General shall prescribe              
      regulations necessary to carry out this subsection.                      
            (d) Audit Requirement. -- The Secretary may require a              
      sponsor to conduct an appropriate audit as a condition for               
      receiving a grant under this subchapter.                                 
            (e) Annual Review. -- The Secretary shall review annually          
      the recordkeeping and reporting requirements under this                  
      subchapter to ensure that they are the minimum necessary to carry        
      out this subchapter.                                                     
            (f) Withholding Information From Congress. -- This section         
      does not authorize the Secretary or the Comptroller General to           
      withhold information from a committee of Congress authorized to          
      have the information.                                                    
                                                                               
      Sec. 47122. Administrative                                               
            (a) General. -- The Secretary of Transportation may take           
      action the Secretary considers necessary to carry out this               
      subchapter, including conducting investigations and public               
      hearings, prescribing regulations and procedures, and issuing            
      orders.                                                                  
            (b) Conducting Investigations and Public Hearings. -- In           
      conducting an investigation or public hearing under this                 
      subchapter, the Secretary has the same authority the Secretary           
      has under section 46104 of this title.  An action of the                 
      Secretary in exercising that authority is governed by the                
      procedures specified in section 46104 and shall be enforced as           
      provided in section 46104.                                               
                                                                               
      Sec. 47123. Nondiscrimination                                            
            The Secretary of Transportation shall take affirmative             
      action to ensure that an individual is not excluded because of           
      race, creed, color, national origin, or sex from participating in        
      an activity carried out with money received under a grant under          
      this subchapter.  The Secretary shall prescribe regulations              
      necessary to carry out this section.  The regulations shall be           
      similar to those in effect under title VI of the Civil Rights Act        
      of 1964 (42 U.S.C. 2000d et seq.).  This section is in addition          
      to title VI of the Act.                                                  
                                                                               
      Sec. 47124. Agreements for State and local operation of airport          
      facilities                                                               
            (a) Government Relief From Liability. -- The Secretary of          
      Transportation shall ensure that an agreement under this                 
      subchapter with a State or a political subdivision of a State to         
      allow the State or subdivision to operate an airport facility in         
      the State or subdivision relieves the United States Government           
      from any liability arising out of, or related to, acts or                
      omissions of employees of the State or subdivision in operating          
      the airport facility.                                                    
            (b) Air Traffic Control Contract Program. -- (1) The               
      Secretary shall continue the low activity (Visual Flight Rules)          
      level I air traffic control tower contract program established           
      under subsection (a) of this section for towers existing on              
      December 30, 1987, and extend the program to other towers as             
      practicable.                                                             
            (2) The Secretary may make a contract, on a sole source            
      basis, with a State or a political subdivision of a State to             
      allow the State or subdivision to operate an airport traffic             
      control tower classified as a level I (Visual Flight Rules) tower        
      if the Secretary decides that the State or subdivision has the           
      capability to comply with the requirements of this paragraph.            
      The contract shall require that the State or subdivision comply          
      with applicable safety regulations in operating the facility and         
      with applicable competition requirements in making a subcontract         
      to perform work to carry out the contract.                               
                                                                               
      Sec. 47125. Conveyances of United States Government land                 
            (a) Conveyances to Public Agencies. -- Except as provided          
      in subsection (b) of this section, the Secretary of                      
      Transportation shall request the head of the department, agency,         
      or instrumentality of the United States Government owning or             
      controlling land or airspace to convey a property interest in the        
      land or airspace to the public agency sponsoring the project or          
      owning or controlling the airport when necessary to carry out a          
      project under this subchapter at a public airport, to operate a          
      public airport, or for the future development of an airport under        
      the national plan of integrated airport systems.  The head of the        
      department, agency, or instrumentality shall decide whether the          
      requested conveyance is consistent with the needs of the                 
      department, agency, or instrumentality and shall notify the              
      Secretary of that decision not later than 4 months after                 
      receiving the request.  If the head of the department, agency, or        
      instrumentality decides that the requested conveyance is                 
      consistent with its needs, the head of the department, agency,           
      or instrumentality, with the approval of the Attorney General and        
      without cost to the Government, shall make the conveyance.  A            
      conveyance may be made only on the condition that the property           
      interest conveyed reverts to the Government, at the option of the        
      Secretary, to the extent it is not developed for an airport              
      purpose or used consistently with the conveyance.                        
            (b) Nonapplication. -- Except as specifically provided by          
      law, subsection (a) of this section does not apply to land or            
      airspace owned or controlled by the Government within --                 
                (1) a national park, national monument, national               
            recreation area, or similar area under the administration          
            of the National Park Service;                                      
                (2) a unit of the National Wildlife Refuge System or           
            similar area under the jurisdiction of the United States           
            Fish and Wildlife Service; or                                      
                (3) a national forest or Indian reservation.                   
                                                                               
      Sec. 47126. Criminal penalties for false statements                      
            A person (including an officer, agent, or employee of the          
      United States Government or a public agency) shall be fined under        
      title 18, imprisoned for not more than 5 years, or both, if the          
      person, with intent to defraud the Government, knowingly makes --        
                (1) a false statement about the kind, quantity,                
            quality, or cost of the material used or to be used, or the        
            quantity, quality, or cost of work performed or to be              
            performed, in connection with the submission of a                  
            plan, map, specification, contract, or estimate of project         
            cost for a project included in a grant application                 
            submitted to the Secretary of Transportation for approval          
            under this subchapter;                                             
                (2) a false statement or claim for work or material for        
            a project included in a grant application approved by the          
            Secretary under this subchapter; or                                
                (3) a false statement in a report or certification             
            required under this subchapter.                                    
                                                                               
      Sec. 47127. Ground transportation demonstration projects                 
            (a) General Authority. -- To improve the airport and airway        
      system of the United States consistent with regional airport             
      system plans financed under section 13(b) of the Airport and             
      Airway Development Act of 1970, the Secretary of Transportation          
      may carry out ground transportation 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                
      department, 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 operating            
            regional rapid transit system with existing facilities             
            reasonably near the airport;                                       
                (2) includes connection of the airport terminal 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.                                                            
                                                                               
      Sec. 47128. State block grant pilot program                              
            (a) General Requirements. -- The Secretary of                      
      Transportation shall prescribe regulations to carry out a State          
      block grant pilot program.  The regulations shall provide that           
      the Secretary may designate not more than 7 qualified States 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. -- (1) A State wishing to          
      participate in the program must submit an application to the             
      Secretary.  The Secretary shall select a State on the basis of           
      its application only after --                                            
                (A) deciding the State has an organization capable of          
            effectively administering a block grant made under this            
            section;                                                           
                (B) deciding the State uses a satisfactory airport             
            system planning process;                                           
                (C) deciding the State uses a programming process              
            acceptable to the Secretary;                                       
                (D) finding that the State has agreed to comply with           
            United States Government standard requirements for                 
            administering the block grant; and                                 
                (E) finding that the State has agreed to provide the           
            Secretary with program information the Secretary requires.         
            (2) For the fiscal years ending September 30, 1993-1996,           
      the States selected shall include Illinois, Missouri, and North          
      Carolina.                                                                
            (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 (3)         
      of this section, the Secretary shall ensure that the process             
      provides for meeting critical safety and security needs and that         
      the programming process ensures that the needs of the national           
      airport system will be addressed in deciding which projects will         
      receive money from the Government.                                       
            (d) Ending Effective Date and Report. -- This section is           
      effective only through September 30, 1996.                               
                                                                               
      Sec. 47129. Annual report                                                
            Not later than April 1 of each year, the Secretary of              
      Transportation shall submit to Congress a report on activities           
      carried out under this subchapter during the prior fiscal year.          
      The report shall include --                                              
                (1) a detailed statement of airport development                
            completed;                                                         
                (2) the status of each project undertaken;                     
                (3) the allocation of appropriations; and                      
                (4) an itemized statement of expenditures and receipts.        
                                                                               
           SUBCHAPTER II -- SURPLUS PROPERTY FOR PUBLIC AIRPORTS               
                                                                               
      Sec. 47151. Authority to transfer an interest in surplus property        
                                                                               
            (a) General Authority. -- Subject to sections 47152 and            
      47153 of this title, a department, agency, or instrumentality of         
      the executive branch of the United States Government or a wholly         
      owned Government corporation may give a State, political                 
      subdivision of a State, or tax-supported organization any                
      interest in surplus property --                                          
                (1) that the Secretary of Transportation decides is --         
                    (A) desirable for developing, improving, operating,        
                or maintaining a public airport (as defined in section         
                47102 of this title);                                          
                    (B) reasonably necessary to fulfill the immediate          
                and foreseeable future requirements for developing,            
                improving, operating, or maintaining a public airport;         
                or                                                             
                    (C) needed for developing sources of revenue from          
                nonaviation businesses at a public airport; and                
                (2) if the Administrator of General Services approves          
            the gift and decides the interest is not best suited for           
            industrial use.                                                    
            (b) Ensuring Compliance. -- Only the Secretary may ensure          
      compliance with an instrument giving an interest in surplus              
      property under this subchapter.  The Secretary may amend the             
      instrument to correct the instrument or to make the gift comply          
      with law.                                                                
            (c) Disposing of Interests Not Given Under This Subchapter.        
      -- An interest in surplus property that could be used at a public        
      airport but that is not given under this subchapter shall be             
      disposed of under other applicable law.                                  
                                                                               
      Sec. 47152. Terms of gifts                                               
            Except as provided in section 47153 of this title, the             
      following terms apply to a gift of an interest in surplus                
      property under this subchapter:                                          
                (1) A State, political subdivision of a State, or              
            tax-supported organization receiving the interest may use,         
            lease, salvage, or dispose of the interest for other than          
            airport purposes only after the Secretary of Transportation        
            gives written consent that the interest can be used,               
            leased, salvaged, or disposed of without materially and            
            adversely affecting the development, improvement,                  
            operation, or maintenance of the airport at which the              
            property is located.                                               
                (2) The interest shall be used and maintained for              
            public use and benefit without unreasonable discrimination.        
                (3) A right may not be vested in a person, excluding           
            others in the same class from using the airport at which           
            the property is located --                                         
                    (A) to conduct an aeronautical activity requiring          
                the operation of aircraft; or                                  
                    (B) to engage in selling or supplying aircraft,            
                aircraft accessories, equipment, or supplies (except           
                gasoline and oil), or aircraft services necessary to           
                operate aircraft (including maintaining and repairing          
                aircraft, aircraft engines, propellers, and                    
                appliances).                                                   
                (4) The State, political subdivision, or tax-supported         
            organization accepting the interest shall clear and protect        
            the aerial approaches to the airport by mitigating                 
            existing, and preventing future, airport hazards.                  
                (5) During a national emergency declared by the                
            President or Congress, the United States Government is             
            entitled to use, control, or possess, without charge, any          
            part of the public airport at which the property is                
            located.  However, the Government shall --                         
                    (A) pay the entire cost of maintaining the part of         
                the airport it exclusively uses, controls, or possesses        
                during the emergency;                                          
                    (B) contribute a reasonable share, consistent with         
                the Government's use, of the cost of maintaining the           
                property it uses nonexclusively, or over which the             
                Government has nonexclusive control or possession,             
                during the emergency; and                                      
                    (C) pay a fair rental for use, control, or                 
                possession of improvements to the airport made without         
                Government assistance.                                         
                (6) The Government is entitled to the nonexclusive use,        
            without charge, of the landing area of an airport at which         
            the property is located.  The Secretary may limit the use          
            of the landing area if necessary to prevent unreasonable           
            interference with use by other authorized aircraft.                
            However, the Government shall --                                   
                    (A) contribute a reasonable share, consistent with         
                the Government's use, of the cost of maintaining and           
                operating the landing area; and                                
                    (B) pay for damages caused by its use of the               
            landing area if its use of the landing area is substantial.        
                (7) The State, political subdivision, or tax-supported         
            organization accepting the interest shall release the              
            Government from all liability for damages arising under an         
            agreement that provides for Government use of any part of          
            an airport owned, controlled, or operated by the State,            
            political subdivision, or tax-supported organization on            
            which, adjacent to which, or in connection with which, the         
            property is located.                                               
                (8) When a term under this section is not satisfied,           
            any part of the interest in the property reverts to the            
            Government, at the option of the Government, as the                
            property then exists.                                              
                                                                               
      Sec. 47153. Waiving and adding terms                                     
            (a) General Authority. -- (1) The Secretary of                     
      Transportation may waive, without charge, a term of a gift of an         
      interest in property under this subchapter if the Secretary              
      decides that --                                                          
                (A) the property no longer serves the purpose for which        
            it was given; or                                                   
                (B) the waiver will not prevent carrying out the               
            purpose for which the gift was made and is necessary to            
            advance the civil aviation interests of the United States.         
            (2) The Secretary of Transportation shall waive a term             
      under paragraph (1) of this subsection on terms the Secretary            
      considers necessary to protect or advance the civil aviation             
      interests of the United States.                                          
            (b) Waivers and Inclusion of Additional Terms on Request.          
      -- On request of the Secretary of Transportation or the Secretary        
      of a military department, a department, agency, or                       
      instrumentality of the executive branch of the United States             
      Government or a wholly owned Government corporation may waive a          
      term required by section 47152 of this title or add another term         
      if the appropriate Secretary decides it is necessary to protect          
      or advance the interests of the United States in civil aviation          
      or for national defense.