§47111 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation may decide when and how much to pay on airport project grants after talking with the project sponsor. The government can pay up to 90 percent of its share before the project is finished if the sponsor promises the advance payments will not be more than the cost of the work completed at any time. Payments must go only to a sponsor’s named official or bank that can legally receive public money. If the government finds it paid more than its share, or if a project paid in advance is not finished in a reasonable time, the government can get the extra money back. The Secretary can hold back a payment for more than 180 days only after telling the sponsor, giving a hearing, and finding a violation. The 180-day hold can be extended by agreement or by the hearing officer if needed. Anyone harmed by a withholding order can ask the U.S. Court of Appeals (either the D.C. Circuit or the circuit where the project is) to review the order within 60 days. If a sponsor breaks the rules or promises in section 47107(b) and does not fix the problem after notice, the Secretary must block new or increased grants or new fee approvals until the sponsor corrects the violation. The Secretary may also go to a federal district court to force compliance.

Title 49, §47111

Transportation — Source: USLM XML via OLRC

(a)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)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)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)(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.

(e)If, after notice and opportunity for a hearing, the Secretary finds a violation of section 47107(b) of this title, as further defined by the Secretary under section 47107(k) of this title, or a violation of an assurance made under section 47107(b) of this title, and the Secretary has provided an opportunity for the airport sponsor to take corrective action to cure such violation, and such corrective action has not been taken within the period of time set by the Secretary, the Secretary shall withhold approval of any new grant application for funds under this chapter, or any proposed modification to an existing grant that would increase the amount of funds made available under this chapter to the airport sponsor, and withhold approval of any new application to impose a charge under section 40117 of this title. Such applications may thereafter be approved only upon a finding by the Secretary that such corrective action as the Secretary requires has been taken to address the violation and that the violation no longer exists.

(f)For any violation of this chapter or any grant assurance made under this chapter, the Secretary may apply to the district court of the United States for any district in which the violation occurred for enforcement. Such court shall have jurisdiction to enforce obedience thereto by a writ of injunction or other process, mandatory or otherwise, restraining any person from further violation.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 47111(a)49 App.:2213 (1st, 2d sentences).Sept. 3, 1982, Pub. L. 97–248, § 514, 96 Stat. 691. 47111(b)49 App.:2213 (3d, 4th sentences). 47111(c)49 App.:2213 (last sentence). 47111(d)49 App.:2218(b) (related to payment).Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 519(b) (related to payment); added Dec. 30, 1987, Pub. L. 100–223, § 112(2), 101 Stat. 1504. In subsection (a), the words “the terms of” are omitted as surplus. The words “totaling” and “total” are substituted for “in an aggregate amount” and “aggregate” for consistency in the revised title. The words “from time to time” are omitted as surplus. The words “before the project is completed” are substituted for “in advance of accomplishment of the airport project to which the payments relate” for consistency in this chapter and to eliminate unnecessary words. In subsection (b), the words “at any time” are omitted as surplus. The words “project for which an advance payment was made has not been completed within a reasonable time” are substituted for “any airport development to which the advance payments relate has not been accomplished within a reasonable time or the project is not completed” for clarity, for consistency in this chapter, and to eliminate unnecessary words. In subsection (d)(1) and (2), the word “sponsor” is substituted for “recipient” and “grant recipient” for clarity. In subsection (d)(2)(A), the word “mutual” is omitted as surplus. In subsection (d)(3), the words “adversely affected” are substituted for “aggrieved” for consistency in the revised title and with other titles of the United States Code. The words “the date on which” are omitted as surplus.

Editorial Notes

Amendments

2024—Subsec. (e). Pub. L. 118–63 substituted “charge” for “fee”. 2014—Subsec. (e). Pub. L. 113–188 substituted “section 47107(k)” for “section 47107(l)”. 1994—Subsecs. (e), (f). Pub. L. 103–305 added subsecs. (e) and (f).

§47111 Payments under project grant agreements