Existence and Amounts in Fund .—
Availability of Amounts .—
Minimum Percentage for Primary and Reliever Airports .—
Considerations.—
For capacity enhancement projects .—
For all projects .—
Waiving Percentage Requirement .—
Consideration of Diversion of Revenues in Awarding Discretionary Grants.—
General rule .—
Required finding .—
Minimum Amount To Be Credited.—
General rule .—
Reduction of apportionments .—
Amount of reduction .—
Priority for Letters of Intent .—
Marshall Islands, Micronesia, and Palau .—
Airport Safety and Resilient Infrastructure Discretionary Program.—
In general .—
Treatment of grants.—
In general .—
Exception .—
Eligibility and prioritization.—
Eligibility .—
Minimum allocation .—
Prioritization .—
Eligibilities .—
Authorization.—
In general .—
Availability .—
Partnership Program Airports.—
Authority .—
Nonapplicability of certain sections .—
Special Carryover Assumption Rule .—
Pub. L. 103–272, § 1(e)108 Stat. 1270Pub. L. 103–305, title I, § 112(d)108 Stat. 1576Pub. L. 103–429, § 6(67)108 Stat. 4386Pub. L. 104–264, title I110 Stat. 3218Pub. L. 104–287, § 5(81)110 Stat. 3397Pub. L. 106–6113 Stat. 10Pub. L. 107–71, title I, § 119(a)(3)115 Stat. 628Pub. L. 108–176, title I117 Stat. 2504Pub. L. 110–253, § 3(c)(5)122 Stat. 2418Pub. L. 110–330, § 5(f)122 Stat. 3718Pub. L. 111–12, § 5(e)123 Stat. 1458Pub. L. 111–69, § 5(f)123 Stat. 2055Pub. L. 111–116, § 5(e)123 Stat. 3032Pub. L. 111–153, § 5(e)124 Stat. 1085Pub. L. 111–161, § 5(e)124 Stat. 1127Pub. L. 111–197, § 5(e)124 Stat. 1354Pub. L. 111–216, title I, § 104(e)124 Stat. 2349Pub. L. 111–249, § 5(f)124 Stat. 2628Pub. L. 111–329, § 5(e)124 Stat. 3567Pub. L. 112–7, § 5(e)125 Stat. 32Pub. L. 112–16, § 5(e)125 Stat. 219Pub. L. 112–21, § 5(e)125 Stat. 234Pub. L. 112–27, § 5(e)125 Stat. 271Pub. L. 112–30, title II, § 205(f)125 Stat. 358Pub. L. 112–91, § 5(f)126 Stat. 4Pub. L. 112–95, title I, § 144126 Stat. 29Pub. L. 114–55, title I, § 102(b)129 Stat. 523Pub. L. 114–141, title I, § 102(b)130 Stat. 323Pub. L. 114–190, title I, § 1102(b)130 Stat. 617Pub. L. 115–63, title I, § 102(c)131 Stat. 1169Pub. L. 115–141, div. M, title I, § 102(b)132 Stat. 1046Pub. L. 115–254, div. B, title I132 Stat. 3201Pub. L. 118–15, div. B, title II, § 2202(f)137 Stat. 83Pub. L. 118–34, title I, § 102(f)137 Stat. 1113Pub. L. 118–41, title I, § 102(f)138 Stat. 21Pub. L. 118–63, title I, § 104(b)138 Stat. 1034(, , ; , , ; , , ; , §§ 122, 145, , , 3222; , , ; , §§ 5, 8(a), , , 11; , , ; , §§ 148, 188, , , 2519; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , , ; , §§ 117(a), 158, 184(a), , , 3219, 3234; , (g), , ; , (g), , ; , (g), , ; , title VII, §§ 710(b)(2), 714(a), 715, , , 1253, 1257, 1258.)
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Historical and Revision Notes |
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Pub. L. 103–272 |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
47115(a) | 49 App.:2206(c)(1) (1st, 2d sentences). | Sept. 3, 1982, Pub. L. 97–248, § 507(c), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, § 426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, § 106(a), 101 Stat. 1496; Nov. 5, 1990, Pub. L. 101–508, § 9112(a), 104 Stat. 1388–362. |
47115(b) | 49 App.:2206(c)(1) (3d, last sentences). | |
47115(c) | 49 App.:2206(c)(2). | |
47115(d) | 49 App.:2206(c)(3). | |
47115(e) | 49 App.:2206(c)(4). | |
In subsection (a), before clause (1), the words “The Secretary of Transportation has a discretionary fund” are added for clarity. In clause (1), the words “subject to apportionment for a fiscal year” are substituted for “which are made available for a fiscal year under section 2204 of this Appendix” and “which have not been previously apportioned by the Secretary” for consistency with section 47114 of the revised title.
In subsection (c), before clause (1), the words “Subject to section 2207(d) of this Appendix and paragraph (4) of this subsection” and “pursuant to paragraph (1) and distributed by the Secretary under this subsection in a fiscal year beginning after ” are omitted as surplus.
In subsection (d), before clause (1), the words “at airports” are omitted as surplus. In clause (3), the words “airport operator or other” are omitted as surplus.
In subsection (e), the words “submitted in compliance with this chapter” and “portion of” are omitted as surplus.
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Pub. L. 103–429 |
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Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
47115(f) | 49 App.:2206(c)(5). | Sept. 3, 1982, Pub. L. 97–248, § 507(c)(5), as added May 26, 1994, Pub. L. 103–260, § 104(a), 108 Stat. 698. |
| 49 App.:2206 (note). | May 26, 1994, Pub. L. 103–260, § 104(b), 108 Stat. 699. |
Public Law 103–260108 Stat. 699In subsection (f), the text of section 104(b) of the Airport Improvement Program Temporary Extension Act of 1994 (, ) is omitted as executed.
Pub. L. 104–287, § 5(81)(A)
Public Law 103–305108 Stat. 1576This sets out the date of enactment of 49:47115(f), as enacted by section 112(d) of the Federal Aviation Administration Authorization Act of 1994 (, ).
Pub. L. 104–287, § 5(81)(B)
section 6(67) of the Act of October 31, 1994Public Law 103–429108 Stat. 4386This redesignates 49:47115(f), as enacted by (, ), as 49:47115(g).
Editorial Notes
References in Text
Pub. L. 97–24896 Stat. 671Pub. L. 103–272, § 7(b)108 Stat. 1379The Airport and Airway Improvement Act of 1982, referred to in subsec. (g)(1)(B), is title V of , , , which was classified principally to chapter 31 (§ 2201 et seq.) of former Title 49, Transportation, and was substantially repealed by , , , and reenacted by the first section thereof as this subchapter.
Amendments
Pub. L. 118–63, § 710(b)(2)2024—Subsec. (h). , inserted “prior to fulfilling intentions to obligate under section 47110(i)” after “section 47110(e)”.
Pub. L. 118–63, § 104(b)Subsec. (i). , substituted “fiscal years 2024 through 2028,” for “fiscal years 2018 through 2023, and for the period beginning on , and ending on ,”.
Pub. L. 118–41, § 102(f), substituted “” for “”.
Pub. L. 118–63, § 714(a)(1)Subsec. (j). , substituted “Airport Safety and Resilient Infrastructure Discretionary Program” for “Supplemental Discretionary Funds” in heading.
Pub. L. 118–63, § 714(a)(2)Subsec. (j)(3)(B) to (D). , added subpars. (B) to (D) and struck out former subpar. (B). Prior to amendment, text of subpar. (B) read as follows: “Not less than 50 percent of the amounts available under this subsection shall used to provide grants at—
“(i) airports that are eligible for apportionment under section 47114(d)(3); and
“(ii) nonhub and small hub airports.”
Pub. L. 118–63, § 714(a)(3)Subsec. (j)(4)(A)(i) to (v). , added cls. (i) to (v) and struck out former cls. (i) to (v) which read as follows:
“(i) $1,020,000,000 for fiscal year 2019.
“(ii) $1,041,000,000 for fiscal year 2020.
“(iii) $1,064,000,000 for fiscal year 2021.
“(iv) $1,087,000,000 for fiscal year 2022.
“(v) $1,110,000,000 for fiscal year 2023.”
Pub. L. 118–63, § 714(a)(3)Subsec. (j)(4)(A)(vi). , struck out cl. (vi) which read as follows: “$340,321,762 for the period beginning on , and ending on .”
Pub. L. 118–41, § 102(g), added cl. (vi) and struck out former cl. (vi) which read as follows: “$244,177,049 for the period beginning on , and ending on .”
Pub. L. 118–63, § 714(a)(4)Subsec. (j)(4)(B). , substituted “3 fiscal years” for “2 fiscal years”.
lPub. L. 118–63, § 715lSubsec. (). , added subsec. ().
Pub. L. 118–34, § 102(f)2023—Subsec. (i). , substituted “” for “”.
Pub. L. 118–15, § 2202(f), inserted “, and for the period beginning on , and ending on ” after “fiscal years 2018 through 2023”.
Pub. L. 118–34, § 102(g)Subsec. (j)(4)(A)(vi). , added cl. (vi) and struck out former cl. (vi) which read as follows: “$140,401,803 for the period beginning on , and ending on .”
Pub. L. 118–15, § 2202(g), added cl. (vi).
Pub. L. 115–254, § 117(a)(3)2018—Subsec. (i). , substituted “fiscal years 2018 through 2023” for “fiscal years 2012 through 2018”.
Pub. L. 115–254, § 117(a)(1), (2), redesignated subsec. (j) as (i) and struck out former subsec. (i). Prior to amendment, text of subsec. (i) read as follows: “In order to assure that funding under this subchapter is provided to the greatest needs, the Secretary, in selecting a project described in section 47102(3)(J) for a grant, shall consider the non-federal resources available to sponsor, the use of such non-federal resources, and the degree to which the sponsor is providing increased funding for the project.”
Pub. L. 115–254, § 158Subsec. (j). , added subsec. (j).
Pub. L. 115–254, § 117(a)(2), redesignated subsec. (j) as (i).
Pub. L. 115–141 substituted “2018” for “2017 and for the period beginning on , and ending on ”.
Pub. L. 115–254, § 184(a)Subsec. (k). , added subsec. (k).
Pub. L. 115–632017—Subsec. (j). inserted “and for the period beginning on , and ending on ” after “fiscal years 2012 through 2017”.
Pub. L. 114–1902016—Subsec. (j). substituted “fiscal years 2012 through 2017,” for “fiscal years 2012 through 2015 and for the period beginning on , and ending on ,”.
Pub. L. 114–141 substituted “” for “”.
Pub. L. 114–552015—Subsec. (j). inserted “and for the period beginning on , and ending on ” after “fiscal years 2012 through 2015”.
Pub. L. 112–952012—Subsec. (j). substituted “For fiscal years 2012 through 2015,” for “For fiscal years 2004 through 2011, and for the portion of fiscal year 2012 ending before ,”.
Pub. L. 112–91 substituted “,” for “,”.
Pub. L. 112–302011—Subsec. (j). substituted “fiscal years 2004 through 2011, and for the portion of fiscal year 2012 ending before ,” for “fiscal years 2004 through 2010, and for the portion of fiscal year 2011 ending before ,”.
Pub. L. 112–27 substituted “,” for “,”.
Pub. L. 112–21 substituted “,” for “,”.
Pub. L. 112–16 substituted “,” for “,”.
Pub. L. 112–7 substituted “,” for “,”.
Pub. L. 111–3292010—Subsec. (j). substituted “,” for “,”.
Pub. L. 111–249 inserted “and for the portion of fiscal year 2011 ending before ,” after “2010,”.
Pub. L. 111–216 substituted “fiscal years 2004 through 2010,” for “fiscal years 2004 through 2009, and for the portion of fiscal year 2010 ending before ,”.
Pub. L. 111–197 substituted “,” for “,”.
Pub. L. 111–161 substituted “,” for “,”.
Pub. L. 111–153 substituted “,” for “,”.
Pub. L. 111–1162009—Subsec. (j). substituted “,” for “,”.
Pub. L. 111–69 inserted “and for the portion of fiscal year 2010 ending before ,” after “2009,”.
Pub. L. 111–12 substituted “2009,” for “2008, and for the portion of fiscal year 2009 ending before ,”.
Pub. L. 110–3302008—Subsec. (j). inserted “and for the portion of fiscal year 2009 ending before ,” after “2008,”.
Pub. L. 110–253 substituted “fiscal years 2004 through 2008,” for “fiscal years 2004 through 2007,”.
Pub. L. 108–176, § 1482003—Subsec. (d). , amended subsec. (d) generally. Prior to amendment, subsec. (d) listed six things the Secretary was required to consider in selecting a project for a grant to preserve and enhance capacity as described in subsection (c)(1) of this section.
Pub. L. 108–176, § 188Subsec. (j). , added subsec. (j).
Pub. L. 107–712001—Subsec. (i). added subsec. (i).
Pub. L. 106–6, § 8(a)(1)1999—Subsec. (a)(2). , substituted “12.5” for “25”.
Pub. L. 106–6, § 8(a)(2)section 47114 of this titlesection 41731 of this titleSubsec. (b). , struck out at end “However, 50 percent of amounts not apportioned under because of section 47114(f) and added to the fund is available for making grants for projects at small hub airports (as defined in ).”
Pub. L. 106–6, § 5Subsec. (g)(4). , which directed the amendment of section 47115(g) by striking paragraph (4), without specifying the Code title to be amended, was executed by striking heading and text of par. (4) of subsec. (g) of this section, to reflect the probable intent of Congress. Text read as follows: “For a fiscal year in which the amount credited to the fund under this subsection exceeds $300,000,000, the Secretary shall allocate the amount of such excess as follows:
section 47114(d) of this title“(A) ⅓ shall be made available to airports for which apportionments are made under .
section 47505(a)(2) of this titlesection 47504(c)(1) of this title“(B) ⅓ shall be made available for airport noise compatibility planning under and for carrying out noise compatibility programs under .
section 47117(e)(1)(B) of this title“(C) ⅓ shall be made available to current or former military airports for which grants may be made under .”
Pub. L. 104–264, § 145(a)(1)1996—Subsec. (d)(2). , substituted “, including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system;” for “; and”.
Pub. L. 104–264, § 145(a)(2)Subsec. (d)(4) to (6). , (3), added pars. (4) to (6).
Pub. L. 104–287, § 5(81)(B)Pub. L. 103–429Pub. L. 104–264, § 122Subsec. (f). , which directed that subsec. (f), as enacted by , be redesignated (g), could not be executed because of amendment by , which struck out that subsec. See below.
Pub. L. 104–264, § 122, struck out subsec. (f), relating to minimum amount to be credited, which read as follows:
Minimum Amount To Be Creditedsection 48103 of this titlesection 47114 of this title“(f) .—(1) In a fiscal year, at least $325,000,000 of the amount made available under shall be credited to the fund. The amount credited is exclusive of amounts that have been apportioned in a prior fiscal year under and that remain available for obligation.
“(2) In a fiscal year in which the amount credited under subsection (a) of this section is less than $325,000,000, the total amount calculated under paragraph (3) of this subsection shall be reduced by an amount that, when credited to the fund, together with the amount credited under subsection (a), equals $325,000,000.
“(3) For a fiscal year, the total amount available to reduce to carry out paragraph (2) of this subsection is the total of the amounts determined under sections 47114(c)(1)(A) and (2) and (d) and 47117(e) of this title. Each amount shall be reduced by an equal percentage to achieve the reduction.”
Pub. L. 104–287, § 5(81)(A)Subsec. (f)(2). , substituted “” for “the date of the enactment of this subsection”.
Pub. L. 104–264, § 122Subsec. (g). , added subsec. (g).
Pub. L. 104–264, § 145(b)Subsec. (h). , added subsec. (h).
Pub. L. 103–4291994—Subsec. (f). added subsec. (f) relating to minimum amount to be credited.
Pub. L. 103–305 added subsec. (f) relating to consideration of diversion of revenues in awarding discretionary grants.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 Amendment
Pub. L. 112–27section 5(j) of Pub. L. 112–27section 40117 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 112–21section 5(j) of Pub. L. 112–21section 40117 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 112–16section 5(j) of Pub. L. 112–16section 40117 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 112–7section 5(j) of Pub. L. 112–7section 40117 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 2010 Amendment
Pub. L. 111–329section 5(j) of Pub. L. 111–329section 40117 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 111–249lPub. L. 111–249section 40117 of this titleAmendment by effective , see section 5() of , set out as a note under .
Pub. L. 111–216section 104(j) of Pub. L. 111–216section 40117 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 111–197section 5(j) of Pub. L. 111–197section 40117 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 111–161section 5(j) of Pub. L. 111–161section 40117 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 111–153section 5(j) of Pub. L. 111–153section 40117 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 2009 Amendment
Pub. L. 111–116section 5(j) of Pub. L. 111–116section 40117 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 111–12section 5(j) of Pub. L. 111–12section 40117 of this titleAmendment by effective , see , set out as a note under .
Effective Date of 2008 Amendment
Pub. L. 110–330lPub. L. 110–330section 40117 of this titleAmendment by effective , see section 5() of , set out as a note under .
Pub. L. 110–253section 3(d) of Pub. L. 110–253section 9502 of Title 26Amendment by effective , see , set out as a note under , Internal Revenue Code.
Effective Date of 2003 Amendment
Pub. L. 108–176section 3 of Pub. L. 108–176section 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 1996 Amendments
section 5(81)(B) of Pub. L. 104–287section 8(2) of Pub. L. 104–287section 47117 of this titleAmendment by effective , see , set out as a note under .
Pub. L. 104–264section 3 of Pub. L. 104–264section 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 .
Runway Safety Projects
Pub. L. 118–63, title VII, § 748138 Stat. 1283