§47138 — Title 49 Transportation | U.S. Code

Summary

The Secretary of Transportation must run a pilot program to help a State or its local government buy development rights that affect privately owned public-use airports in that State. Grants for these purchases come from funds apportioned under section 47114. A grant can be made only if the purchase will keep the airport available for public use and the buyer records an easement or similar legal agreement that the airport will remain a public-use airport forever. A grant may cover up to 90 percent of the purchase cost. The Secretary must set rules for applying, approving, and recording the purchases. The State keeps the purchased rights unless the Secretary approves a transfer after finding it is in the public interest. The program may fund purchases at no more than 10 airports.

Title 49, §47138

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(a)The Secretary of Transportation shall establish a pilot program to support the purchase, by a State or political subdivision of a State, of development rights associated with, or directly affecting the use of, privately owned public use airports located in that State. Under the program, the Secretary may make a grant to a State or political subdivision of a State from funds apportioned under section 47114 for the purchase of such rights.

(b)(1)The Secretary may not make a grant under subsection (a) unless the grant is made—

(A)to enable the State or political subdivision to purchase development rights in order to ensure that the airport property will continue to be available for use as a public airport; and

(B)subject to a requirement that the State or political subdivision acquire an easement or other appropriate covenant requiring that the airport shall remain a public use airport in perpetuity.

(2)The amount of a grant under the program may not exceed 90 percent of the costs of acquiring the development rights.

(c)The Secretary shall prescribe standards for grants under subsection (a), including—

(1)grant application and approval procedures; and

(2)requirements for the content of the instrument recording the purchase of the development rights.

(d)Any development rights purchased under the program shall remain the property of the State or political subdivision unless the Secretary approves the transfer or disposal of the development rights after making a determination that the transfer or disposal of that right is in the public interest.

(e)The Secretary may not make a grant under the pilot program for the purchase of development rights at more than 10 airports.

Statutory Notes and Related Subsidiaries

Effective Date

Section 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 an

Effective Date

of 2003 Amendment note under section 106 of this title.

§47138 Pilot Program for Purchase of Airport Development Rights

Summary

Title 49, §47138

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Citations & Metadata