§47110 — Title 49 Transportation | U.S. Code

Summary

The federal government will pay a project cost only if the Secretary of Transportation says it is allowable. Allowable costs must be needed to carry out the project under the grant agreement. That includes costs for required audits and for moving a federal facility if the replacement is the same size and type. Small incentive payments to contractors for early completion are allowed if they do not exceed the lesser of 5 percent of the original construction contract or $1,000,000, if the contractor’s control of the worksite does not hurt airport operations, if the contract covers unforeseeable non-weather delays, if the airport operator keeps responsibility for safety and operations, and if the Secretary finds the incentive will likely improve capacity, efficiency, or save money by shortening the project. Costs are allowable when they are reasonable, not already covered by other federal aid, and do not make the Government pay more than the maximum stated in the grant. Certain development and planning costs after a grant is signed are allowed. Under specific rules, some costs done before a grant is signed can be allowed: costs after September 30, 1996 tied to certain fund sources, and costs in the same fiscal year as grant signing if weather shortens the construction season and other conditions are met. The incremental cost to add low-emission technology to airport-owned vehicles is allowed as the Secretary decides. Energy-efficiency or “green” measures for eligible airport buildings are allowed if they are part of an airport development project and any higher up-front cost is justified by life-cycle savings. The Secretary can also allow pre-grant work like surveys, plans, land interests, utility moves, and site preparation when those items are necessary to the project. The Secretary may approve costs to relocate airport-owned facilities only if the funds come from certain apportionments, the move is required by a change in design standards, and the change was beyond the airport sponsor’s control. The Secretary can issue letters of intent that say the Government plans to obligate future funds up to the Government’s share and will reimburse sponsors on a schedule as money becomes available. Letters can be issued for primary, reliever, nonhub, and nonprimary airports under different rules and limits; a nonhub letter cannot promise more than the greater of the Government’s share or $10,000,000. A letter is not a binding government obligation until funds are actually appropriated. Letters must meet project requirements, and sponsors must notify the Secretary before work begins. Projects paid under some pre-grant rules do not get extra priority for discretionary funds. Costs that are not allowable include building public parking for cars, changing or repairing parts of airport buildings except for safety-related uses, decorative landscaping, and art or sculpture. The FAA Administrator must set up, within 120 days, a pilot at up to two large hub airports to allow one-time waivers for repairing or replacing old residential sound insulation that was federally funded, but only if strict tests are met about past installation dates (before 2002), noise levels (residence in DNL 65–75 then, current interior over DNL 45), damage or deterioration, and airport size and local population thresholds. Applicants must first try warranties, insurance, or legal remedies, and the Secretary may allow airports to survey previously insulated properties to find eligible ones.

Title 49, §47110

Transportation — Source: USLM XML via OLRC

(a)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)A project cost is allowable—

(1)(A)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 and any cost of moving a Federal facility impeding the project if the rebuilt facility is of an equivalent size and type; or

(B)if the cost is an incentive payment incurred in carrying out the project described in subparagraph (A) that is to be provided to a contractor upon early completion of a project, if—

(i)such payment does not exceed the lesser of 5 percent of the initial construction contract amount or $1,000,000;

(ii)the level of contractor’s control of, or access to, the worksite necessary to shorten the duration of the project does not negatively impact the operation of the airport;

(iii)the contract specifies application of the incentive structure in the event of unforeseeable, non-weather delays beyond the control of the contractor;

(iv)nothing in any agreement with the contractor prevents the airport operator from retaining responsibility for the safety, efficiency, and capacity of the airport during the execution of the grant agreement; and

(v)the Secretary determines that the use of an incentive payment is likely to increase airport capacity or efficiency or result in cost savings as a result of shortening the project’s duration;

(2)(A)if the cost is incurred after the grant agreement is executed and is for airport development or airport planning carried out after the grant agreement is executed;

(B)if the cost is incurred 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;

(C)if the Government’s share is paid only with amounts apportioned under paragraphs (1) and (2) of section 47114(c) or section 47114(d)(3)(A) 11 See References in Text note below. and if the cost is incurred—

(i)after September 30, 1996;

(ii)before a grant agreement is executed for the project; and

(iii)in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after the grant agreement had been executed; or

(D)if the cost is for airport development and is incurred before execution of the grant agreement, but in the same fiscal year as execution of the grant agreement, and if—

(i)the cost was incurred before execution of the grant agreement because the airport has a shortened construction season due to climatic conditions in the vicinity of the airport;

(ii)the cost is in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after execution of the grant agreement, including submission of a complete grant application to the appropriate regional or district office of the Federal Aviation Administration;

(iii)the sponsor notifies the Secretary before authorizing work to commence on the project;

(iv)the sponsor has an alternative funding source available to fund the project; and

(v)the sponsor’s decision to proceed with the project in advance of execution of the grant agreement does not affect the priority assigned to the project by the Secretary for the allocation of discretionary funds;

(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;

(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);

(6)if the cost is for a project not described in section 47102(3) for acquiring for use at a commercial service airport vehicles and ground support equipment owned by an airport that include low-emission technology, but only to the extent of the incremental cost of equipping such vehicles or equipment with low-emission technology, as determined by the Secretary; and

(7)if the cost is incurred on a measure to improve the efficiency of an airport building (such as a measure designed to meet one or more of the criteria for being considered a high-performance green building as set forth under section 401(13) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061(13))) and—

(A)the measure is for a project for airport development;

(B)the measure is for an airport building that is otherwise eligible for construction assistance under this subchapter; and

(C)if the measure results in an increase in initial project costs, the increase is justified by expected savings over the life cycle of the project.

(c)The Secretary may decide that a project cost under subsection (b)(2)(A) of this section incurred before the date the grant agreement is executed is allowable if it is—

(1)necessarily incurred in formulating or preparing for an airport development project, including costs incurred for field surveys, plans and specifications, property interests in land or airspace, utility relocation, work site preparation, 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)The Secretary may determine that the costs of relocating or replacing an airport-owned facility are allowable for an airport development project at an airport only if—

(1)the Government’s share of such costs will be paid with funds apportioned to the airport sponsor under section 47114 or distributed from the small airport fund under section 47116;

(2)the Secretary determines that the relocation or replacement is required due to a change in the Secretary’s design standards; and

(3)the Secretary determines that the change is beyond the control of the airport sponsor.

(e)(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)that meets the criteria of section 47115(d) and, if for a project at a medium hub airport or large hub airport, the Secretary decides will enhance system-wide airport capacity significantly.

(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)The Secretary may not require an eligible agency to impose a passenger facility charge under section 40117 in order to obtain a letter of intent under this section.

(6)Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued.

(7)The Secretary may issue a letter of intent under this subsection to an airport sponsor with an approved application under section 47134(b) if—

(A)the application was approved in fiscal year 2019; and

(B)the project meets all other requirements set forth in this chapter.

(f)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.

(g)A project for which cost reimbursement is provided under subsection (b)(2)(C) shall not receive priority consideration with respect to the use of discretionary funds made available under section 47115 of this title even if the amounts made available under paragraphs (1) and (2) of section 47114(c) or section 47114(d)(3)(A) 1 are not sufficient to cover the Government’s share of the cost of the project.

(h)The Secretary may decide that the construction costs of revenue producing aeronautical support facilities are allowable for an airport development project at a nonprimary airport if the Government’s share of such costs is paid only with funds apportioned to the airport sponsor under section 47114(c)(1)(D) or section 47114(d)(2)(A) and if the Secretary determines that the sponsor has made adequate provision for financing airside needs of the airport.

(i)(1)The Secretary may issue a letter of intent to a sponsor stating an intention to obligate an amount from future budget authority for an airport development project (including costs of formulating the project) at a nonhub airport or an airport that is not a primary airport.

(2)In the letter issued under paragraph (1), the Secretary 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.

(3)The amount the Secretary intends to obligate in a letter of intent issued under this subsection shall not exceed the larger of—

(A)the Government’s share of allowable project costs; or

(B)$10,000,000.

(4)Allowable project costs under paragraphs (1) and (2) may include costs associated with making payments for debt service on indebtedness incurred to carry out the project.

(5)The Secretary shall issue a letter of intent under paragraph (1) only if—

(A)the sponsor notifies the Secretary, before the project begins, of the intent of the sponsor to carry out the project and requests a letter of intent; and

(B)the sponsor agrees to 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.

(6)In reviewing a request for a letter of intent under this subsection, the Secretary shall consider the grant history of an airport, the enplanements or operations of an airport, and such other factors as the Secretary determines appropriate.

(7)In issuing letters of intent under this subsection, the Secretary shall—

(A)prioritize projects that—

(i)cannot reasonably be funded by an airport sponsor using funds apportioned under section 47114(c), 47114(d)(2)(A), or 47114(d)(6), including funds apportioned under such sections in multiple fiscal years pursuant to section 47117(b)(1); and

(ii)are necessary to the continued safe operation or development of an airport; and

(B)structure the reimbursement schedules under such letters in a manner that minimizes unnecessary or undesirable project segmentation.

(8)(A)A letter of intent issued under 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.

(B)An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriation Acts.

(9)Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued.

(j)(1)Not later than 120 days after the date of enactment of this subsection, the Administrator of the Federal Aviation Administration shall establish a pilot program at up to two large hub public-use airports for local airport operators that have established a local program to fund secondary noise insulation using nonaeronautical revenue that provides a one-time waiver of the requirement of subsection (b)(4) for a qualifying airport as applied to projects to carry out repair and replacement of sound insulation for a residential building for which the airport previously received Federal assistance or Federally authorized airport assistance under this subchapter if—

(A)the Secretary determines that the additional assistance is justified due to the residence containing any sound insulation treatment or other type of sound proofing material previously installed under this subchapter that is determined to be eligible pursuant to paragraph (2);

(B)the residence—

(i)falls within the Day Night Level (DNL) of 65 to 75 decibel (dB) noise contours, according to the most recent noise exposure map (as such term is defined in section 150.7 of title 14, Code of Federal Regulations) available as of the date of enactment of this subsection;

(ii)fell within such noise contours at the time the initial sound insulation treatment was installed, but a qualified noise auditor has determined that—

(I)such sound insulation treatment caused physical damage to the residence; or

(II)the materials used for sound insulation treatment were of low quality and have deteriorated, broken, or otherwise no longer function as intended; and

(iii)is shown through testing that current interior noise levels exceed DNL 45 dB, and the new insulation would have the ability to achieve a 5 dB noise reduction; and

(C)the qualifying airport—

(i)is a large hub airport (as defined in section 40102 of title 49, United States Code);

(ii)is located in a dense residential area, with a minimum population of 200,000 residents within a 5-mile radius of the airport;

(iii)has an established residential sound insulation program that has been operational for at least 30 years and began in the year 1985;

(iv)is located in a metropolitan statistical area with a population of at least 4,000,000 people; and

(v)has at least 22,000,000 enplanements annually.

(2)To be eligible for waiver under this subsection for repair or replacement of sound insulation treatment projects, an applicant shall—

(A)ensure that the applicant and the property owner have made a good faith effort to exhaust any amounts available through warranties, insurance coverage, and legal remedies for the sound insulation treatment previously installed on the eligible residence;

(B)verify the sound insulation treatment for which Federal assistance was previously provided was installed prior to the year 2002; and

(C)demonstrate that a qualified noise auditor, based on an inspection of the residence, determined that—

(i)the sound insulation treatment for which Federal assistance was previously provided has resulted in structural deterioration that was not caused by failure of the property owner to repair or adequately maintain the residential building or through the negligence of the applicant or the property owner; and

(ii)the condition of the sound insulation treatment described in subparagraph (A) is not attributed to actions taken by an owner or occupant of the residence.

(3)Notwithstanding any other provision of law, the Secretary shall consider a cost allowable under this subchapter for an airport to conduct periodic surveys of properties in which repair and replacement of sound insulation treatment was carried out as described in paragraph (1) and for which the airport previously received Federal assistance or Federally authorized airport assistance under this subchapter. The surveys shall be conducted only for those properties for which the airport has identified a property owner who is interested in having a survey be undertaken to assess the current effectiveness of the sound insulation treatment. Such surveys shall be carried out to identify any properties described in the preceding sentence that are eligible for funds under this subsection.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 47110(a)49 App.:2212(a) (1st, last sentences).Sept. 3, 1982, Pub. L. 97–248, § 513(a), 96 Stat. 689; Aug. 4, 1989, Pub. L. 101–71, § 3, 103 Stat. 181. 47110(b)49 App.:2212(a) (2d sentence cls. (1), (2) (words before period), (3), (4)). 47110(c)49 App.:2212(a) (2d sentence cl. (2) (words after period)). 47110(d)49 App.:2212(b)(1), (6).Sept. 3, 1982, Pub. L. 97–248, § 513(b)(1), (6), 96 Stat. 691; Oct. 31, 1992, Pub. L. 102–581, § 110(a), 106 Stat. 4879. 47110(e)49 App.:2212(d).Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 513(d); added Dec. 30, 1987, Pub. L. 100–223, § 111(c), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102–581, § 111, 106 Stat. 4880. 47110(f)49 App.:2212(c).Sept. 3, 1982, Pub. L. 97–248, § 513(c), 96 Stat. 691; Dec. 30, 1987, Pub. L. 100–223, § 111(b), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102–581, § 107(c)(2), 106 Stat. 4879. In subsection (a), the words “for airport development or airport planning” are omitted because of the definition of “project” in section 47102 of the revised title. The text of 49 App.:2212(a) (last sentence) is omitted as surplus because of 49:322(a). In subsection (b)(1), the word “approved” is omitted as surplus because a project that was not approved could not be carried out in compliance with a grant agreement. The words “in compliance with the grant agreement made for the project under this subchapter” are substituted for “in conformity with the terms and conditions of the grant agreement entered into in connection with the project” to eliminate unnecessary words. The word “sponsor” is substituted for “recipient” for clarity. In subsection (b)(2)(A), the words “with respect to the project” are omitted as unnecessary because “the grant agreement” means “the grant agreement made for the project” referred to in clause (1) of this subsection. The words “under the project” are omitted as surplus. Subsection (b)(3) is substituted for “in the opinion of the Secretary it is reasonable in amount, and if the Secretary determines that a project cost is unreasonable in amount, the Secretary may allow as an allowable project cost only so much of such project cost as the Secretary determines to be reasonable” to eliminate unnecessary words. Subsection (b)(5) is substituted for “except that in no event may the Secretary allow project costs in excess of the definite amount stated in the grant agreement except to the extent authorized by section 2211(b) of this Appendix” for consistency in this section. In subsection (c), before clause (1), the words “The Secretary may decide that a project cost . . . is allowable” are substituted for “However, the allowable costs of a project . . . may include . . . and the allowable costs of a project . . . may include” for clarity and consistency in the revised title. The words “incurred after May 13, 1946, and before the date the grant agreement is executed” are substituted for “which were incurred prior to the execution of the grant agreement and subsequent to May 13, 1946” and “which were incurred subsequent to May 13, 1946” to eliminate unnecessary words. In clause (1), the words “preparation of”, “acquisition of”, “by the sponsor specifically in connection with the accomplishment of the project for airport development” are omitted as surplus. The words “property interests in land or airspace” are substituted for “land or interests therein or easements through or other interests in airspace” to eliminate unnecessary words. In subsection (d)(1), before clause (A), the words “The Secretary may decide that the cost . . . is allowable” are substituted for “the Secretary may approve, as allowable project costs” and “The Secretary shall approve project costs allowable under paragraph (1) of this subsection” for clarity and consistency in this section. In clause (B), the words “the boundaries of” are omitted as surplus. In clause (C), the words “and conditions” are omitted as being included in “terms”. In subsection (d)(2), the words “In making a decision under paragraph (1) of this subsection, the Secretary may approve as allowable costs” are substituted for “In the case of a commercial service airport . . . the Secretary may approve, under the preceding sentence as allowable project costs” for consistency in this subsection. In subsection (e)(1), the word “sponsor” is substituted for “applicant” for consistency. The words “stipulated as” and “Subject to the provisions of this paragraph” are omitted as surplus. The word “reimburse” is substituted for “make payments under paragraph (2) of this subsection” and “pay” for clarity. The words “payable on account of such project in accordance with such letter of intent” are omitted as surplus. In subsection (e)(2), before clause (A), the text of 49 App.:2212(d)(1)(C) (last sentence) is omitted as obsolete. In subsection (e)(3), the words “A letter of intent issued” are substituted for “action” for clarity. The word “deemed” before “an obligation” is omitted as surplus. In subsection (f)(2), the words “of a hangar or” are omitted as being included in “airport building”. Pub. L. 103–429The source credits for all of subsection (b) are included for clarity though only subsection (b)(2) is affected by the amendment. The source credits for 49:47110(c) are included to correct a mistake on p. 405 of H. R. Rept. 103–180 (103d Cong., 1st Sess., July 15, 1993). Revised SectionSource (U.S. Code)Source (Statutes at Large) 47110(b)49 App.:2212(a) (2d sentence cls. (1), (2)(A) (words before period), (B), (3), (4)).Sept. 3, 1982, Pub. L. 97–248, § 513(a) (2d sentence), as amended May 26, 1994, Pub. L. 103–260, § 106, 108 Stat. 699. 47110(c)49 App.:2212(a) (2d sentence cl. (2)(A) (words after period). In subsection (b)(2)(C)(ii), the words “before the cost is incurred” are added for clarity.

Editorial Notes

References in Text

section 47114(d)(3)(A), referred to in subsecs. (b)(2)(C) and (g), was redesignated section 47114(d)(2)(A) by Pub. L. 118–63, title VII, § 712(b)(6), May 16, 2024, 138 Stat. 1256. The date of enactment of this subsection, referred to in subsec. (j)(1), is the date of enactment of Pub. L. 119–60, which was approved Dec. 18, 2025.

Amendments

2025—Subsec. (j). Pub. L. 119–60 added subsec. (j). 2024—Subsec. (c). Pub. L. 118–63, § 709(1)(A), struck out “after

May 13, 1946, and” after “this section incurred” in introductory provisions. Subsec. (c)(1). Pub. L. 118–63, § 709(1)(B), inserted “or preparing for” after “formulating” and “utility relocation, work site preparation,” before “and administration”. Subsec. (d)(1). Pub. L. 118–63, § 709(2), substituted “section 47114 or distributed from the small airport fund under section 47116” for “section 47114(c)(1) or 47114(d)”. Subsec. (e)(2)(C). Pub. L. 118–63, § 709(3), substituted “medium hub airport or large hub airport” for “commercial service airport having at least 0.25 percent of the boardings each year at all such airports”. Subsec. (e)(7). Pub. L. 118–63, § 710(b)(1), substituted “under this subsection” for “under this section” in introductory provisions. Subsec. (h). Pub. L. 118–63, § 709(4), substituted “section 47114(c)(1)(D) or section 47114(d)(2)(A)” for “section 47114(d)(3)(A)”. Subsec. (i). Pub. L. 118–63, §§ 709(5), 710(a), added subsec. (i) and struck out former subsec. (i) which related to bird-detecting radar systems. 2022—Subsec. (b)(1). Pub. L. 117–186, § 2(a), designated existing provisions as subpar. (A) and added subpar. (B). Subsec. (e)(7). Pub. L. 117–186, § 2(b), substituted “Partnership program airports” for “Partnership Program Airports” in heading. 2018—Subsec. (b)(2)(B). Pub. L. 115–254, § 539(n)(1), substituted “compatibility” for “compatability”. Subsec. (b)(2)(D)(i). Pub. L. 115–254, § 539(n)(2), substituted “climatic” for “climactic”. Subsec. (e)(7). Pub. L. 115–254, § 184(b), added par. (7). 2012—Subsec. (b)(2)(D). Pub. L. 112–95, § 138(a), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: “if the cost is incurred after

September 11, 2001, for a project described in section 47102(3)(J), 47102(3)(K), or 47102(3)(L) and shall not depend upon the date of execution of a grant agreement made under this subchapter;”. Subsec. (b)(7). Pub. L. 112–95, § 138(b), added par. (7). Subsec. (d). Pub. L. 112–95, § 138(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to terminal development costs. Subsec. (e)(5). Pub. L. 112–95, § 111(c)(2)(A)(ii), substituted “charge” for “fee”. Subsec. (h). Pub. L. 112–95, § 138(d), inserted “

Construction

” before “costs of revenue producing” and struck out “, including fuel farms and hangars,” before “are allowable”. Subsec. (i). Pub. L. 112–95, § 138(e), added subsec. (i). 2005—Subsec. (d)(2)(A). Pub. L. 109–115, which directed amendment of section 47110(d)(2)(A), without specifying the title to be amended, by substituting “(A) except as provided in section 47108(e)(3), the” for “(A) the”, was executed to this section, to reflect the probable intent of Congress. 2003—Subsec. (b)(1). Pub. L. 108–176, § 145, inserted “and any cost of moving a Federal facility impeding the project if the rebuilt facility is of an equivalent size and type” before semicolon at end. Subsec. (b)(2)(C). Pub. L. 108–176, § 149(b)(1), substituted “or section 47114(d)(3)(A)” for “of this title” in introductory provisions. Subsec. (b)(6). Pub. L. 108–176, § 159(c), added par. (6). Subsec. (g). Pub. L. 108–176, § 149(b)(2), inserted “or section 47114(d)(3)(A)” after “of section 47114(c)” and substituted “of the project” for “of project”. Subsec. (h). Pub. L. 108–176, § 149(b)(3), added subsec. (h). 2001—Subsec. (b)(2)(D). Pub. L. 107–71 added subpar. (D). 2000—Subsec. (e)(2)(C). Pub. L. 106–181, § 127(1), added subpar. (C) and struck out former subpar. (C) which read as follows: “the Secretary decides will enhance system-wide airport capacity significantly and meets the criteria of section 47115(d) of this title.” Subsec. (e)(5). Pub. L. 106–181, § 127(2), added par. (5) and struck out former par. (5) which read as follows: “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.” 1996—Subsec. (b)(2)(C). Pub. L. 104–264, § 144(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: “if the Government’s share is paid only with amounts apportioned under section 47114(c)(1)(A) and (2) of this title and if the cost is incurred— “(i) during the fiscal year ending

September 30, 1994; “(ii) before a grant agreement is executed for the project but according to an airport layout plan the Secretary approves before the cost is incurred and all applicable statutory and administrative requirements that would apply to the project if the agreement had been executed; and “(iii) for work related to a project for which a grant agreement previously was executed during the fiscal year ending

September 30, 1994;”. Subsec. (g). Pub. L. 104–264, § 144(b), added subsec. (g). 1994—Subsec. (b)(2). Pub. L. 103–429 amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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;”. Subsec. (e)(6). Pub. L. 103–305 added par. (6).

Statutory Notes and Related Subsidiaries

Effective Date

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

Effective Date

of 2000 AmendmentAmendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective Date

of 1996 AmendmentExcept as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title. Letters of Intent for Airport Security Improvement Projects Pub. L. 108–7, div. I, title III, § 367, Feb. 20, 2003, 117 Stat. 423, provided that: “(a) The Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] may issue a letter of intent to an airport committing to obligate from future budget authority an amount, not more than the Federal Government’s share of the project’s cost, for an airport security improvement project (including interest costs and costs of formulating the project) at the airport. The letter shall establish a schedule under which the Under Secretary will reimburse the airport for the Government’s share of the project’s costs, as amounts become available, if the airport, after the Under Secretary issues the letter, carries out the project without receiving amounts under Chapter 471 of title 49 [United States Code]. “(b) The airport shall notify the Under Secretary of the airport’s intent to carry out the airport security improvement project before the project begins. “(c) A letter of intent may be issued under this section only if—“(1) The airport security improvement project to which the letter applies involves the replacement of baggage conveyer systems or the reconfiguration of terminal baggage areas in order to install explosive detection systems; and “(2) The Under Secretary determines that the project will improve security or will improve the efficiency of the airport without lessening security. “(d) A letter of intent issued under this section is not an obligation of the Government under section 1501 of title 31 [United States Code], 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 appropriations laws. “(e) The Government’s share of the project’s cost shall be 75 percent for a project at an airport having at least 0.25 percent of the total number of passenger boardings each year at all airports and 90 percent for a project at any other airport. “(f) Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this section in the same fiscal year as the letter of intent is issued. “(g) The Under Secretary shall notify the House and Senate Committees on Appropriations, the House Transportation and Infrastructure Committee, and the Senate Commerce, Science, and Transportation Committee at least 3 days prior to the issuance of a letter of intent under this section. “(h) There is authorized to be appropriated to carry out this section $500,000,000 in each of fiscal years 2003, 2004, 2005, 2006, and 2007.” Letters of Intent; Duration of Authority and Approval by Congress Pub. L. 102–388, title III, § 320, Oct. 6, 1992, 106 Stat. 1546, provided that: “The authority conferred by section 513(d) of the Airport and Airway Improvement Act of 1982, as amended [see subsec. (e) of this section], to issue letters of intent shall remain in effect subsequent to

September 30, 1992. Letters of intent may be issued under such subsection to applicants determined to be qualified under such Act [substantially repealed by Pub. L. 103–272, § 7(b),

July 5, 1994, 108 Stat. 1379, and reenacted by first section thereof as this subchapter]: Provided, That, notwithstanding any other provision of law, all such letters of intent in excess of $10,000,000 shall be submitted for approval to the Committees on Appropriations of the Senate and the House of Representatives; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives.” Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–143, title III, § 320, Oct. 28, 1991, 105 Stat. 942. Pub. L. 101–516, title III, § 320, Nov. 5, 1990, 104 Stat. 2181. Pub. L. 101–164 title III, § 326, Nov. 21, 1989, 103 Stat. 1096. Pub. L. 100–457, title III, § 334, Sept. 30, 1988, 102 Stat. 2153.

§47110 Allowable project costs

Summary

Title 49, §47110

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Construction

Statutory Notes and Related Subsidiaries

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