49 U.S.C. § 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 .—

section 48103 of this titleThe Secretary may incur obligations to make grants from amounts made available under as soon as the amounts are apportioned under section 47114(c) and (d)(2) of this title.

(c)

Expiration of Authority .—

September 30, 2028After , the Secretary may not incur obligations under subsection (b) of this section, except for obligations of amounts—

(1)

section 47117(b) of this title remaining available after that date under ; or

(2)

recovered by the United States Government from grants made under this chapter if the amounts are obligated only for increases under section 47108(b)(2) and (3) of this title in the maximum amount of obligations of the Government for any other grant made under this title.

Historical and Revision Notes
Pub. L. 103–272
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
47104(a)	49 App.:2202(a)(24).	Sept. 3, 1982, Pub. L. 97–248, § 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Pub. L. 100–223, § 103(c)(1), 101 Stat. 1488.
	49 App.:2204(a) (1st sentence).	Sept. 3, 1982, Pub. L. 97–248, § 505(a) (1st sentence), 96 Stat. 676.
47104(b)	49 App.:2204(b)(1) (1st sentence).	Sept. 3, 1982, Pub. L. 97–248, § 505(b)(1), 96 Stat. 677; Nov. 5, 1990, Pub. L. 101–508, § 9104(2), 104 Stat. 1388–355; Oct. 31, 1992, Pub. L. 102–581, § 102(b), 106 Stat. 4877.
47104(c)	49 App.:2204(b)(1) (last sentence).

In subsection (a), the words “project grants” are substituted for “grants . . . for airport development and airport planning by project grants” in 49 App.:2204(a) to eliminate unnecessary words and because of the definitions of “project” and “project grant” in section 47102 of the revised title.

In subsection (b), the words “and such authority shall exist with respect to funds available for the making of grants for any fiscal year or part thereof pursuant to subsection (a) of this section” are omitted as surplus.

In subsection (c), the words “except for obligations of amounts” are substituted for “except that nothing in this section shall preclude the obligation by grant agreement of apportioned funds” to eliminate unnecessary words.

Pub. L. 103–429
47104(c)	49 App.:2204(b)(1) (last sentence). 49App.:2204 note.	Sept. 3, 1982, Pub. L. 97–248, § 505(b)(1) (last sentence), as amended May 26, 1994, Pub. L. 103–260, § 109, 108 Stat. 700.

Pub. L. 103–429

47104(c)

49 App.:2204(b)(1) (last sentence).

49App.:2204 note.

Sept. 3, 1982, Pub. L. 97–248, § 505(b)(1) (last sentence), as amended May 26, 1994, Pub. L. 103–260, § 109, 108 Stat. 700.

Public Law 103–260 108 Stat. 700In subsection (c), the text of section 109(b) of the Airport Improvement Program Temporary Extension Act of 1994 (, ) is omitted as executed.

Editorial Notes

Amendments

Pub. L. 118–63September 30, 2028May 10, 20242024—Subsec. (c). substituted “” for “” in introductory provisions.

Pub. L. 118–41May 10, 2024March 8, 2024 substituted “,” for “,” in introductory provisions.

Pub. L. 118–34March 8, 2024December 31, 20232023—Subsec. (c). substituted “,” for “,” in introductory provisions.

Pub. L. 118–15December 31, 2023September 30, 2023 substituted “,” for “,” in introductory provisions.

Pub. L. 115–2542018—Subsec. (c). substituted “2023,” for “2018,” in introductory provisions.

Pub. L. 115–141September 30, 2018March 31, 2018 substituted “,” for “,” in introductory provisions.

Pub. L. 115–63March 31, 2018September 30, 20172017—Subsec. (c). substituted “,” for “,” in introductory provisions.

Pub. L. 114–190September 30, 2017July 15, 20162016—Subsec. (c). substituted “,” for “,” in introductory provisions.

Pub. L. 114–141July 15, 2016March 31, 2016 substituted “,” for “,” in introductory provisions.

Pub. L. 114–55March 31, 2016September 30, 20152015—Subsec. (c). substituted “,” for “,” in introductory provisions.

Pub. L. 112–95September 30, 2015February 17, 20122012—Subsec. (c). substituted “After ,” for “After ,” in introductory provisions.

Pub. L. 112–91February 17, 2012January 31, 2012 substituted “,” for “,” in introductory provisions.

Pub. L. 112–30January 31, 2012September 16, 20112011—Subsec. (c). substituted “,” for “,” in introductory provisions.

Pub. L. 112–27September 16, 2011July 22, 2011 substituted “,” for “,” in introductory provisions.

Pub. L. 112–21July 22, 2011June 30, 2011 substituted “,” for “,” in introductory provisions.

Pub. L. 112–16June 30, 2011May 31, 2011 substituted “,” for “,” in introductory provisions.

Pub. L. 112–7May 31, 2011March 31, 2011 substituted “,” for “,” in introductory provisions.

Pub. L. 111–329March 31, 2011December 31, 20102010—Subsec. (c). substituted “,” for “,” in introductory provisions.

Pub. L. 111–249December 31, 2010September 30, 2010 substituted “,” for “,” in introductory provisions.

Pub. L. 111–216September 30, 2010August 1, 2010 substituted “,” for “,” in introductory provisions.

Pub. L. 111–197August 1, 2010July 3, 2010 substituted “,” for “,” in introductory provisions.

Pub. L. 111–161July 3, 2010April 30, 2010 substituted “,” for “,” in introductory provisions.

Pub. L. 111–153April 30, 2010March 31, 2010 substituted “,” for “,” in introductory provisions.

Pub. L. 111–116March 31, 2010December 31, 20092009—Subsec. (c). substituted “,” for “,” in introductory provisions.

Pub. L. 111–69December 31, 2009September 30, 2009 substituted “,” for “,” in introductory provisions.

Pub. L. 111–12September 30, 2009March 31, 2009 substituted “,” for “,” in introductory provisions.

Pub. L. 110–330March 31, 2009September 30, 20082008—Subsec. (c). substituted “,” for “,” in introductory provisions.

Pub. L. 110–253September 30, 2008June 30, 2008 substituted “,” for “,” in introductory provisions.

Pub. L. 110–190June 30, 2008September 30, 2007 substituted “,” for “,” in introductory provisions.

Pub. L. 108–176September 30, 2007September 30, 20032003—Subsec. (c). substituted “” for “” in introductory provisions.

Pub. L. 106–181September 30, 2003September 30, 19992000—Subsec. (c). substituted “,” for “,” in introductory provisions.

Pub. L. 106–59September 30, 1999August 6, 19991999—Subsec. (c). substituted “” for “” in introductory provisions.

Pub. L. 106–31August 6, 1999May 31, 1999 substituted “” for “” in introductory provisions.

Pub. L. 106–6 substituted “May” for “March” in introductory provisions.

Pub. L. 105–277March 31, 1999September 30, 19981998—Subsec. (c). substituted “” for “” in introductory provisions.

Pub. L. 104–2641996—Subsec. (c). substituted “1998” for “1996” in introductory provisions.

Pub. L. 103–429September 30, 1996section 47117(b) of this title1994—Subsec. (c). reenacted heading without change and amended text generally. Prior to amendment, text read as follows: “After , the Secretary may not incur obligations under subsection (b) of this section, except for obligations of amounts remaining available after that date under .”

Pub. L. 103–305September 30, 1996September 30, 1993 substituted “After , the Secretary” for “After , the Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date of 2008 Amendment

Pub. L. 110–253, § 4(c)June 30, 2008122 Stat. 2418

section 48103 of this titleJuly 1, 2008“The amendments made by this section [amending this section and ] shall take effect on .”

, , , provided that:

Effective Date of 2003 Amendment

Pub. L. 108–176Sept. 30, 2003section 3 of Pub. L. 108–176 section 106 of this titleAmendment by applicable only to fiscal years beginning after , except as otherwise specifically provided, see , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–181Sept. 30, 1999section 3 of Pub. L. 106–181 section 106 of this titleAmendment by applicable only to fiscal years beginning after , see , set out as a note under .

Effective Date of 1996 Amendment

Pub. L. 104–264Sept. 30, 1996Oct. 1, 1996section 3 of Pub. L. 104–264 section 106 of this titleExcept as otherwise specifically provided, amendment by applicable only to fiscal years beginning after , and not to be construed as affecting funds made available for a fiscal year ending before , see , set out as a note under .

Deemed References to Chapters 509 and 511 of Title 51

section 4(d)(8) of Pub. L. 111–314 section 101 of this titleGeneral references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see , set out as a note under .

Remote Tower Pilot Program for Rural and Small Communities

Pub. L. 115–254, div. B, title I, § 161Oct. 5, 2018132 Stat. 3221 Pub. L. 118–15, div. B, title II, § 2202oSept. 30, 2023137 Stat. 83 Pub. L. 118–34, title I, § 102oDec. 26, 2023137 Stat. 1114 Pub. L. 118–41, title I, § 102oMar. 8, 2024138 Stat. 22 Pub. L. 118–63, title VI, § 621(d)May 16, 2024138 Stat. 1237

“(a)

Pilot Program.—

“(1)

Establishment .—

The Administrator of the Federal Aviation Administration shall establish—

“(A)

in consultation with airport operators and other aviation stakeholders, a pilot program at public-use airports to construct and operate remote towers in order to assess their operational benefits;

“(B)

a selection process for participation in the pilot program; and

“(C)

a clear process for the safety and operational certification of the remote towers.

“(2)

Safety considerations.—

“(A)

Safety risk management panel .—

Prior to the operational use of a remote tower under the pilot program established in subsection (a), the Administrator shall convene a safety risk management panel for the tower to address any safety issues with respect to the tower. The panels shall be created and utilized in a manner similar to that of the safety risk management panels previously convened for remote towers and shall take into account existing best practices and operational data from existing remote towers in the United States.

“(B)

Consultation .—

In establishing the pilot program, the Administrator shall consult with operators of remote towers in the United States and foreign countries to design the pilot program in a manner that leverages as many safety and airspace efficiency benefits as possible.

“(3)

Applications .—

The operator of an airport seeking to participate in the pilot program shall submit to the Administrator an application that is in such form and contains such information as the Administrator may require.

“(4)

Program design .—

In designing the pilot program, the Administrator shall—

“(A)

to the maximum extent practicable, ensure that at least 2 different vendors of remote tower systems participate;

“(B)

identify which air traffic control information and data will assist the Administrator in evaluating the feasibility, safety, costs, and benefits of remote towers;

“(C)

implement processes necessary to collect the information and data identified in subparagraph (B);

“(D)

develop criteria, in addition to considering possible selection criteria in paragraph (5), for the selection of airports that will best assist the Administrator in evaluating the feasibility, safety, costs, and benefits of remote towers, including the amount and variety of air traffic at an airport; and

“(E)

prioritize the selection of airports that can best demonstrate the capabilities and benefits of remote towers, including applicants proposing to operate multiple remote towers from a single facility.

“(5)

Selection criteria for consideration .—

In selecting airports for participation in the pilot program, the Administrator, after consultation with representatives of labor organizations representing operators and employees of the air traffic control system, shall consider for participation in the pilot program—

“(A)

1 nonhub airport;

“(B)

3 airports that are not primary airports and that do not have existing air traffic control towers;

“(C)

1 airport that participates in the Contract Tower Program; and

“(D)

1 airport selected at the discretion of the Administrator.

“(6)

Data .—

The Administrator shall clearly identify and collect air traffic control information and data from participating airports that will assist the Administrator in evaluating the feasibility, safety, costs, and benefits of remote towers.

“(7)

Report .—

Not later than 1 year after the date the first remote tower is operational, and annually thereafter, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report—

“(A)

detailing any benefits, costs, or safety improvements associated with the use of the remote towers; and

“(B)

evaluating the feasibility of using remote towers, particularly in the Contract Tower Program, for airports without an air traffic control tower, to improve safety at airports with towers, or to reduce costs without impacting safety at airports with or without existing towers.

“(8)

Deadline .—

Oct. 5, 2018Not later than 1 year after the date of enactment of this Act [], the Administrator shall select airports for participation in the pilot program.

“(9)

Definitions .—

In this subsection:

“(A)

Contract tower program .—

section 47124(e) of title 49The term ‘Contract Tower Program’ has the meaning given the term in , United States Code, as added by this Act.

“(B)

Remote tower .—

The term ‘remote tower’ means a remotely operated air navigation facility, including all necessary system components, that provides the functions and capabilities of an air traffic control tower whereby air traffic services are provided to operators at an airport from a location that may not be on or near the airport.

“(C)

Other definitions .—

section 47102 of title 49The terms ‘nonhub airport’, ‘primary airport’, and ‘public-use airport’ have the meanings given such terms in , United States Code.

“(10)

Sunset .—

September 30, 2028This subsection, including the report required under paragraph (8), shall not be in effect after .

“(b)

Remote Tower Program .—

Concurrent with the establishment of the process for safety and operational certification of remote towers under subsection (a)(1)(C), the Administrator shall establish a process to authorize the construction and commissioning of additional remote towers that are certificated under subsection (a)(1)(C) at other airports.

“(c)

AIP Funding Eligibility .—

section 47102 of title 49For purposes of the pilot program under subsection (a), and after certificated remote towers are available under subsection (b), constructing a remote tower or acquiring and installing air traffic control, communications, or related equipment specifically for a remote tower shall be considered airport development (as defined in , United States Code) for purposes of subchapter I of chapter 471 of that title if the components are installed and used at the airport, except, as needed, for off-airport sensors installed on leased towers.”

, , , as amended by (), , ; (), , ; (), , ; , , , provided that:

Environmental Mitigation Pilot Program

Pub. L. 115–254, div. B, title I, § 190Oct. 5, 2018132 Stat. 3237 Pub. L. 118–63, title VII, § 785May 16, 2024138 Stat. 1313

“(a)

In General .—

The Secretary of Transportation may carry out a pilot program involving not more than 6 projects in each fiscal year at public-use airports in accordance with this section.

“(b)

Grants .—

section 47117(e)(1)(A) of title 49In carrying out the program, the Secretary may make grants to sponsors of public-use airports from funds apportioned under , United States Code.

“(c)

Use of Funds .—

Amounts from a grant received by the sponsor of a public-use airport under the program shall be used for environmental mitigation projects that will measurably reduce or mitigate aviation impacts on noise, air quality, or water quality at the airport or within 5 miles of the airport.

“(d)

Eligibility .—

Notwithstanding any other provision of chapter 471 of title 49, United States Code, an environmental mitigation project approved under this section shall be treated as eligible for assistance under that chapter.

“(e)

Selection Criteria .—

In selecting from among applicants for participation in the program, the Secretary may give priority consideration to projects that—

“(1)

will achieve the greatest reductions in aircraft noise, airport emissions, or airport water quality impacts either on an absolute basis or on a per dollar of funds expended basis; and

“(2)

will be implemented by an eligible consortium.

“(f)

Federal Share .—

The Federal share of the cost of a project carried out under the program shall be 50 percent.

“(g)

Maximum Amount .—

Not more than $2,500,000 may be made available by the Secretary in grants under the program for any single project.

“(h)

Identifying Best Practices .—

The Secretary may establish and publish information identifying best practices for reducing or mitigating aviation impacts on noise, air quality, and water quality at airports or in the vicinity of airports based on the projects carried out under the program.

“(i)

Sunset .—

October 1, 2028The program shall terminate on .

“(j)

Definitions .—

In this section, the following definitions apply:

“(1)

Eligible consortium .—

The term ‘eligible consortium’ means a consortium that is composed of 2 or more of the following entities:

“(A)

Businesses incorporated in the United States.

“(B)

Public or private educational or research organizations located in the United States.

“(C)

Entities of State or local governments in the United States.

“(D)

Federal laboratories.

“(2)

Environmental mitigation project .—

The term ‘environmental mitigation project’ means a project that—

“(A)

introduces new environmental mitigation techniques or technologies that have been proven in laboratory demonstrations;

“(B)

proposes methods for efficient adaptation or integration of new concepts into airport operations; and

“(C)

will demonstrate whether new techniques or technologies for environmental mitigation are—

“(i)

practical to implement at or near multiple public-use airports; and

“(ii)

capable of reducing noise, airport emissions, or water quality impacts in measurably significant amounts.

“(k)

Authorization for the Transfer of Funds From Department of Defense.—

“(1)

In general .—

The Administrator of the Federal Aviation Administration may accept funds from the Secretary of Defense to increase the authorized funding for this section by the amount of such transfer only to carry out projects designed for environmental mitigation at a site previously, but not currently, managed by the Department of Defense.

“(2)

Additional grantees .—

If additional funds are made available by the Secretary of Defense under paragraph (1), the Administrator may increase the number of grantees under subsection (a).”

, , , as amended by , , , provided that:

Design-Build Contracting

Pub. L. 106–181, title I, § 139Apr. 5, 2000114 Stat. 85Sept. 30, 2003, , , authorized the Administrator of the Federal Aviation Administration to establish a pilot program, subject to certain contract and cost specifications, under which design-build contracts could be used to carry out up to 7 projects at airports in the United States with a grant awarded under this section, and stipulated that this authorization would expire on .