§47128 — Title 49 Transportation | U.S. Code

Summary

The U.S. Transportation Secretary must set up rules for a State block grant program and can pick up to 20 qualified States each fiscal year to run most airport grants, except money meant for primary airports. States that want in must apply. The Secretary will only pick States that show they can run the program, have good airport planning and programming, agree to follow federal environmental rules, and will give the federal government the program information it needs. The Secretary must check that a State’s planning and project choices protect safety, security, and the national airport system. Other federal agencies (not the FAA) that must approve environmental permits must work with the State, use the State’s environmental review if it is good enough, and tell the State what extra analysis is needed. The Secretary must give free training or updated materials to participating States at least once every 2 years and when the program changes. The federal government cannot force a State to take on unrelated airport duties unless the State agrees in a written agreement. Grant terms must match that agreement. The FAA must treat participating States the same as nonparticipating ones and may keep certain oversight jobs unless the State agrees to take them, such as grant compliance, airspace and obstruction reviews, many land‑use and environmental reviews, and approvals for leases and special events.

Title 49, §47128

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(a)The Secretary of Transportation shall issue guidance to carry out a State block grant program. The guidance shall provide that the Secretary may designate not more than 20 qualified States for each fiscal year to assume administrative responsibility for all airport grant amounts available under this subchapter, except for amounts designated for use at primary airports.

(b)A State wishing to participate in the program must submit an application to the Secretary. The Secretary shall select a State on the basis of its application only after—

(1)deciding the State has an organization capable of effectively administering a block grant made under this section;

(2)deciding the State uses a satisfactory airport system planning process;

(3)deciding the State uses a programming process acceptable to the Secretary;

(4)finding that the State has agreed to comply with United States Government standard requirements for administering the block grant, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements; and

(5)finding that the State has agreed to provide the Secretary with program information the Secretary requires.

(c)Before deciding whether a planning process is satisfactory or a programming process is acceptable under subsection (b)(2) or (b)(3) of this section, the Secretary shall ensure that the process provides for meeting critical safety and security needs and that the programming process ensures that the needs of the national airport system will be addressed in deciding which projects will receive money from the Government. In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system.

(d)A Federal agency, other than the Federal Aviation Administration, that is responsible for issuing an approval, license, or permit to ensure compliance with a Federal environmental requirement applicable to a project or activity to be carried out by a State using amounts from a block grant made under this section shall—

(1)coordinate and consult with the State;

(2)use the environmental analysis prepared by the State for the project or activity if such analysis is adequate; and

(3)as necessary, consult with the State to describe the supplemental analysis the State must provide to meet applicable Federal requirements.

(e)(1)The Secretary shall provide to each State participating in the block grant program under this section training or updated training materials for the administrative responsibilities assumed by the State under such program at no cost to the State.

(2)The training or updated training materials provided under paragraph (1) shall be provided at least once during each 2-year period and at any time there is a material change in the program.

(f)(1)Unless a State participating in the block grant program under this section expressly agrees in a memorandum of agreement, the Secretary shall not require the State to manage functions and responsibilities for airport actions or projects that do not relate to such program.

(2)(A)Any grant agreement providing funds to be administered under such program shall be consistent with the most recently executed memorandum of agreement between the State and the Federal Aviation Administration.

(B)The Administrator of the Federal Aviation Administration shall provide parity to participating States and shall only require the same type of information and level of detail for any program agreements and documentation that the Administrator would perform with respect to such action if the State did not participate in the program.

(3)Unless the State expressly agrees to retain responsibility, the Administrator shall retain responsibility for the following:

(A)Grant compliance investigations, determinations, and enforcement.

(B)Obstruction evaluation and airport airspace analysis, determinations, and enforcement off airport property.

(C)Non-rulemaking analysis, determinations, and enforcement for proposed improvements on airport properties not associated with this subchapter, or off airport property.

(D)Land use determinations, compatibility planning, and airport layout plan review and approval (consistent with section 47107(x)) for projects not funded by amounts available under this subchapter.

(E)Nonaeronautical and special event recommendations and approvals.

(F)Instrument approach procedure evaluations and determinations.

(G)Environmental review for projects not funded by amounts available under this subchapter.

(H)Review and approval of land leases, land releases, changes in on-airport land-use designation, and through-the-fence agreements.

Notes & Related Subsidiaries

Historical and Revision Notes

Pub. L. 103–272 Revised SectionSource (U.S. Code)Source (Statutes at Large) 47128(a)49 App.:2227(a) (1st sentence), (b) (1st sentence).Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 534; added Dec. 30, 1987, Pub. L. 100–223, § 116, 101 Stat. 1507; Nov. 5, 1990, Pub. L. 101–508, § 9114, 104 Stat. 1388–364; Oct. 31, 1992, Pub. L. 102–581, § 116, 106 Stat. 4881. 47128(b)(1)49 App.:2227(c) (1st, 2d sentences). 47128(b)(2)49 App.:2227(b) (last sentence). 47128(c)49 App.:2227(c) (last sentence). 47128(d)49 App.:2227(a) (last sentence), (d). In subsection (a), the words “Not later than 180 days after December 30, 1987” and “to become effective on October 1, 1989” are omitted as obsolete. In subsection (b)(1)(A), the words “agency or” are omitted as surplus. In subsection (b)(1)(D), the words “procedural and other” are omitted as surplus. In subsection (d), the text of 49 App.:2227(d) is omitted as executed. Pub. L. 103–429This amends 49:47128(c) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1278). Pub. L. 104–287This makes a clarifying amendment to the catchline for 49:47128(d).

Editorial Notes

References in Text

The National Environmental Policy Act of 1969, referred to in subsec. (b)(4), is Pub. L. 91–190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

Short Title

note set out under section 4321 of Title 42 and Tables.

Amendments

2024—Subsec. (e). Pub. L. 118–63, § 720(a), added subsec. (e). Subsec. (f). Pub. L. 118–63, § 720(b), added subsec. (f). 2018—Subsec. (a). Pub. L. 115–254 substituted “not more than 20 qualified States for each fiscal year” for “not more than 9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter”. 2012—Subsec. (a). Pub. L. 112–95, § 502(a), substituted “issue guidance” for “prescribe

Regulations

” in first sentence and “guidance” for “

Regulations

” in second sentence. Subsec. (b)(4). Pub. L. 112–95, § 502(b), inserted before semicolon “, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency

Regulations

and guidance, and other Federal environmental requirements”. Subsec. (d). Pub. L. 112–95, § 502(c), added subsec. (d). 2000—Subsec. (a). Pub. L. 106–181 substituted “9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter” for “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter”. 1997—Subsec. (d). Pub. L. 105–102 repealed Pub. L. 104–287, § 5(84). See 1996 Amendment note below. 1996—Pub. L. 104–264, § 147(c)(1)(A), substituted “grant program” for “grant pilot program” in section catchline. Subsec. (a). Pub. L. 104–264, § 147(a)(1), (c)(1)(B), substituted “block grant program” for “block grant pilot program” and “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter” for “7 qualified States”. Subsec. (b). Pub. L. 104–264, § 147(a)(2), (3), struck out “(1)” before “A State wishing”, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and struck out former par. (2) which read as follows: “For the fiscal years ending September 30, 1993–1996, the States selected shall include Illinois, Missouri, and North Carolina.” Subsec. (c). Pub. L. 104–264, § 147(b), substituted “(b)(2) or (b)(3)” for “(b)(1)(B) or (C)” and inserted at end “In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system.” Subsec. (d). Pub. L. 104–287, § 5(84), which directed amendment of heading by striking “and report”, was repealed by Pub. L. 105–102. Pub. L. 104–264, § 147(c)(1)(C), struck out subsec. (d) which read as follows: “(d) Ending

Effective Date

and Report.—This section is effective only through September 30, 1996.” 1994—Subsec. (c). Pub. L. 103–429 substituted “subsection (b)(1)(B) or (C)” for “subsection (b)(2) or (3)”.

Statutory Notes and Related Subsidiaries

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 1997 Amendment Pub. L. 105–102, § 3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(E) is effective Oct. 11, 1996. Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, 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.

Effective Date

of 1994 AmendmentAmendment by Pub. L. 103–429 effective July 5, 1994, see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.

§47128 State block grant program

Summary

Title 49, §47128

Notes & Related Subsidiaries

Historical and Revision Notes

Editorial Notes

References in Text

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Amendments

Regulations

Regulations

Regulations

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Statutory Notes and Related Subsidiaries

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