§47117 Use of apportioned amounts

The Act of

June 30, 1948, referred to in subsec. (e)(1)(A), is act

June 30, 1948, ch. 758, as amended generally by Pub. L. 92–500, § 2, Oct. 18, 1972, 86 Stat. 816, known as the Federal Water Pollution Control Act, which is classified generally to chapter 26 (§ 1251 et seq.) of Title 33, Navigation and Navigable Waters. For complete classification of this Act to the Code, see

2024—Subsec. (b)(2)(A)(i). Pub. L. 118–63, § 717(1)(A), struck out “or (3)(A), whichever is applicable” after “section 47114(d)(2)”. Subsec. (b)(2)(B). Pub. L. 118–63, § 717(1)(B), substituted “section 47114(d)(2)(A)” for “section 47114(d)(3)(A)” and “section 47114(d)(2)(B)” for “section 47114(d)(3)(B)”. Subsec. (c)(2). Pub. L. 118–63, § 717(2), substituted “47114(d)(2)(A)” for “47114(d)(3)(A)”. Subsec. (d)(1). Pub. L. 118–63, § 717(3)(A), substituted “section 47114(d)(2)(B)(i)” for “section 47114(d)(2)(A) of this title”. Subsec. (d)(2). Pub. L. 118–63, § 717(3)(B), substituted “section 47114(d)(2)(B)(ii) or (iii)” for “section 47114(d)(2)(B) or (C)” in two places and struck out “of this title” before “is available”. Subsec. (e)(1)(A). Pub. L. 118–63, § 717(4)(A)(i), substituted “$200,000,000” for “$300,000,000” and “subparagraphs (O), (P), (Q), and (W) of section 47102(3)” for “section 47102(3)(Q)”, struck out “for compatible land use planning and projects carried out by State and local governments under section 47141,” after “under this title,” and “to comply with the Clean Air Act (42 U.S.C. 7401 et seq.)” after “for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L)”, and inserted “The Secretary shall provide not less than two-thirds of amounts under this subparagraph and paragraph (3) for grants to sponsors of small hub, medium hub, and large hub airports.” after “being met in that fiscal year.” Subsec. (e)(1)(C). Pub. L. 118–63, § 717(4)(A)(ii), struck out subpar. (C) which read as follows: “In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least two-thirds of 1 percent for grants to sponsors of reliever airports which have— “(i) more than 75,000 annual operations; “(ii) a runway with a minimum usable landing distance of 5,000 feet; “(iii) a precision instrument landing procedure; “(iv) a minimum number of aircraft, to be determined by the Secretary, based at the airport; and “(v) been designated by the Secretary as a reliever airport to an airport with 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.” Subsec. (e)(3). Pub. L. 118–63, § 717(4)(B), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The Secretary shall give priority in making grants under paragraph (1)(A) to applications for airport noise compatibility planning and programs at and around— “(A) Chicago O’Hare International Airport; “(B) LaGuardia Airport; “(C) John F. Kennedy International Airport; and “(D) Ronald Reagan Washington National Airport.” 2018—Subsec. (b). Pub. L. 115–254, § 155, designated existing provisions as par. (1), inserted heading, substituted “Except as provided in paragraph (2), if the amount” for “If the amount”, and added par. (2). Subsec. (e)(1)(A). Pub. L. 115–254, § 192(b), inserted “for airport development described in section 47102(3)(Q),” after “under section 47141,”. Subsec. (e)(1)(B). Pub. L. 115–254, § 539(p), which directed substitution of “At least” for “at least” in section 47117(e)(1)(B), without specifying the Code title to be amended, was executed by making the substitution in subsec. (e)(1)(B) of this section, to reflect the probable intent of Congress. 2012—Subsec. (e)(1)(A). Pub. L. 112–95 substituted “At least 35 percent, but not more than $300,000,000,” for “At least 35 percent”, “et seq.), and for water quality mitigation projects to comply with the Act of

June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an environmental record of decision for an airport development project under this title.” for “et seq.).”, and “the requirements of the preceding sentence are” for “such 35 percent requirement is” and struck out “and” after “47141,”. 2003—Subsec. (b). Pub. L. 108–176, § 150, substituted “nonhub airport or any airport that is not a commercial service airport” for “primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year”. Subsec. (c)(2). Pub. L. 108–176, § 149(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “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.” Subsec. (e)(1)(A). Pub. L. 108–176, § 151, substituted “At least 35 percent” for “At least 34 percent”, “section 47505(a)(2),” for “section 47505(a)(2) of this title and”, “, for noise mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible land use planning and projects carried out by State and local governments under section 47141, and for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.).” for “of this title.”, and “35 percent requirement” for “34 percent requirement”. 2000—Subsec. (e)(1)(A). Pub. L. 106–181, § 104(e), substituted “34 percent” for “31 percent” in two places. Subsec. (e)(1)(C). Pub. L. 106–181, § 104(f), added subpar. (C). Subsec. (e)(3). Pub. L. 106–181, § 231(f), added par. (3). Subsec. (f). Pub. L. 106–181, § 129, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “(f) 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(f) 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.” Pub. L. 106–181, § 104(g), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: “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.” Subsecs. (g), (h). Pub. L. 106–181, § 104(g), redesignated subsecs. (g) and (h) as (f) and (g), respectively. 1999—Subsec. (e)(1)(B). Pub. L. 106–31 struck out “for each of fiscal years 1997 and 1998” after “4 percent”. Pub. L. 106–6 made amendment identical to that made by Pub. L. 105–102, § 3(c)(2). See 1997 Amendment note below. 1997—Subsec. (e)(1)(A). Pub. L. 105–102, § 3(c)(1)(B), added Pub. L. 104–264, § 123(d). See 1996 Amendment note below. Subsec. (e)(1)(B). Pub. L. 105–102, § 3(c)(2), repealed Pub. L. 104–264, § 124(d). See 1996 Amendment note below. Pub. L. 105–102, § 3(c)(1)(A), amended Pub. L. 104–264, § 123(b)(6). See 1996 Amendment note below. 1996—Subsec. (b). Pub. L. 104–264, § 123(a), inserted “or the 3 fiscal years immediately following that year in the case of a primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year” before period at end of first sentence. Subsec. (e)(1). Pub. L. 104–264, § 123(b)(1), substituted “available to the discretionary fund under section 47115” for “made available under section 48103” in introductory provisions. Subsec. (e)(1)(A). Pub. L. 104–264, § 123(d), as added by Pub. L. 105–102, § 3(c)(1)(B), substituted “47504(c)” for “47504(c)(1)”. Pub. L. 104–264, § 123(b)(4), (5), substituted “At least 31” for “at least 12.5” and inserted at end “The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not such 31 percent requirement is being met in that fiscal year.” Pub. L. 104–264, § 123(b)(2), (3), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: “at least 5 percent for grants for reliever airports.” Subsec. (e)(1)(B). Pub. L. 104–287, § 5(82)(A), which directed the amendment of subpar. (B) by substituting “47504(c)” for “47504(c)(1)”, could not be executed because “47504(c)(1)” did not appear in text of subpar. (B) subsequent to amendment by Pub. L. 104–264. See below. Pub. L. 104–264, § 124(d), which directed the amendment of subpar. (B) by substituting “1996, 1997, and 1998” for “and 1996,”, was repealed by Pub. L. 105–102, § 3(c)(2). Pub. L. 104–264, § 123(b)(6), as amended by Pub. L. 105–102, § 3(c)(1)(A), substituted “at least 4 percent for each of fiscal years 1997 and 1998” for “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, 1995, and 1996,”. Pub. L. 104–264, § 123(b)(3), (7), redesignated subpar. (E) as (B) and inserted before period at end “and to sponsors of noncommercial service airports for grants for operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant”. Former subpar. (B) redesignated (A). Subsec. (e)(1)(C), (D). Pub. L. 104–264, § 123(b)(2), struck out subpars. (C) and (D) which read as follows: “(C) at least 1.5 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 .75 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.” Subsec. (e)(1)(E). Pub. L. 104–264, § 123(b)(3), redesignated subpar. (E) as (B). Subsec. (e)(2), (3). Pub. L. 104–264, § 123(c), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “A grant from the amount apportioned under section 47114(e) of this title may not be included as part of the 1.5 percent required to be used for grants under paragraph (1)(C) of this subsection.” Subsec. (g)(1). Pub. L. 104–287, § 5(82)(B), substituted “47105(f)” for “47105(e)”. 1994—Subsec. (e)(1)(A). Pub. L. 103–429, § 6(68)(A), substituted “5 percent” for “10 percent”. Subsec. (e)(1)(C). Pub. L. 103–429, § 6(68)(B), substituted “1.5 percent” for “2.5 percent” in introductory provisions. Subsec. (e)(1)(D). Pub. L. 103–429, § 6(68)(C), substituted “.75 percent” for “.5 percent”. Subsec. (e)(1)(E). Pub. L. 103–305 substituted “, 1995, and 1996” for “, and 1995”. Subsec. (e)(2). Pub. L. 103–429, § 6(68)(D), substituted “1.5 percent” for “2.5 percent”.