
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 121(a),]
[Document affected by Public Law 106-181 Section 137(a)]
[Document affected by Public Law 106-181 Section 155(d)]
[Document affected by Public Law 106-181 Section 158]
[Document affected by Public Law 106-181 Section 123(a)(2)]
[Document affected by Public Law 106-181 Section 132(b)]
[Document affected by Public Law 106-181 Section 133(b)]
[Document affected by Public Law 106-181 Section 134(b)]
[Document affected by Public Law 106-181 Section 135(d)(4)]
[CITE: 49USC47101]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47101. Policies

    (a) General.--It is the policy of the United States--
        (1) that the safe operation of the airport and airway system is 
    the highest aviation priority;
        (2) that aviation facilities be constructed and operated to 
    minimize current and projected noise impact on nearby communities;
        (3) to give special emphasis to developing reliever airports;
        (4) that appropriate provisions should be made to make the 
    development and enhancement of cargo hub airports easier;
        (5) to encourage the development of transportation systems that 
    use various modes of transportation in a way that will serve the 
    States and local communities efficiently and effectively;
        (6) that airport development projects under this subchapter 
    provide for the protection and enhancement of natural resources and 
    the quality of the environment of the United States;
        (7) that airport construction and improvement projects that 
    increase the capacity of facilities to accommodate passenger and 
    cargo traffic be undertaken to the maximum feasible extent so that 
    safety and efficiency increase and delays decrease;
        (8) to ensure that nonaviation usage of the navigable airspace 
    be accommodated but not allowed to decrease the safety and capacity 
    of the airspace and airport system;
        (9) that artificial restrictions on airport capacity--
            (A) are not in the public interest;
            (B) should be imposed to alleviate air traffic delays only 
        after other reasonably available and less burdensome 
        alternatives have been tried; and
            (C) should not discriminate unjustly between categories and 
        classes of aircraft;

        (10) that special emphasis should be placed on converting 
    appropriate former military air bases to civil use and identifying 
    and improving additional joint-use facilities;
        (11) that the airport improvement program should be administered 
    to encourage projects that employ innovative technology, concepts, 
    and approaches that will promote safety, capacity, and efficiency 
    improvements in the construction of airports and in the air 
    transportation system (including the development and use of 
    innovative concrete and other materials in the construction of 
    airport facilities to minimize initial laydown costs, minimize time 
    out of service, and maximize lifecycle durability) and to encourage 
    and solicit innovative technology proposals and activities in the 
    expenditure of funding pursuant to this subchapter;
        (12) that airport fees, rates, and charges must be reasonable 
    and may only be used for purposes not prohibited by this subchapter; 
    and
        (13) that airports should be as self-sustaining as possible 
    under the circumstances existing at each particular airport and in 
    establishing new fees, rates, and charges, and generating revenues 
    from all sources, airport owners and operators should not seek to 
    create revenue surpluses that exceed the amounts to be used for 
    airport system purposes and for other purposes for which airport 
    revenues may be spent under section 47107(b)(1) of this title, 
    including reasonable reserves and other funds to facilitate 
    financing and cover contingencies.

    (b) National Transportation Policy.--(1) It is a goal of the United 
States to develop a national intermodal transportation system that 
transports passengers and property in an efficient manner. The future 
economic direction of the United States depends on its ability to 
confront directly the enormous challenges of the global economy, 
declining productivity growth, energy vulnerability, air pollution, and 
the need to rebuild the infrastructure of the United States.
    (2) United States leadership in the world economy, the expanding 
wealth of the United States, the competitiveness of the industry of the 
United States, the standard of living, and the quality of life are at 
stake.
    (3) A national intermodal transportation system is a coordinated, 
flexible network of diverse but complementary forms of transportation 
that transports passengers and property in the most efficient manner. By 
reducing transportation costs, these intermodal systems will enhance the 
ability of the industry of the United States to compete in the global 
marketplace.
    (4) All forms of transportation, including aviation and other 
transportation systems of the future, will be full partners in the 
effort to reduce energy consumption and air pollution while promoting 
economic development.
    (5) An intermodal transportation system consists of transportation 
hubs that connect different forms of appropriate transportation and 
provides users with the most efficient means of transportation and with 
access to commercial centers, business locations, population centers, 
and the vast rural areas of the United States, as well as providing 
links to other forms of transportation and to intercity connections.
    (6) Intermodality and flexibility are paramount issues in the 
process of developing an integrated system that will obtain the optimum 
yield of United States resources.
    (7) The United States transportation infrastructure must be reshaped 
to provide the economic underpinnings for the United States to compete 
in the 21st century global economy. The United States can no longer rely 
on the sheer size of its economy to dominate international economic 
rivals and must recognize fully that its economy is no longer a separate 
entity but is part of the global marketplace. The future economic 
prosperity of the United States depends on its ability to compete in an 
international marketplace that is teeming with competitors but in which 
a full one-quarter of the economic activity of the United States takes 
place.
    (8) The United States must make a national commitment to rebuild its 
infrastructure through development of a national intermodal 
transportation system. The United States must provide the foundation for 
its industries to improve productivity and their ability to compete in 
the global economy with a system that will transport passengers and 
property in an efficient manner.
    (c) Capacity Expansion and Noise Abatement.--It is in the public 
interest to recognize the effects of airport capacity expansion projects 
on aircraft noise. Efforts to increase capacity through any means can 
have an impact on surrounding communities. Noncompatible land uses 
around airports must be reduced and efforts to mitigate noise must be 
given a high priority.
    (d) Consistency With Air Commerce and Safety Policies.--Each airport 
and airway program should be carried out consistently with section 
40101(a), (b), (d), and (f) of this title to foster competition, prevent 
unfair methods of competition in air transportation, maintain essential 
air transportation, and prevent unjust and discriminatory practices, 
including as the practices may be applied between categories and classes 
of aircraft.
    (e) Adequacy of Navigation Aids and Airport Facilities.--This 
subchapter should be carried out to provide adequate navigation aids and 
airport facilities for places at which scheduled commercial air service 
is provided. The facilities provided may include--
        (1) reliever airports; and
        (2) heliports designated by the Secretary of Transportation to 
    relieve congestion at commercial service airports by diverting 
    aircraft passengers from fixed-wing aircraft to helicopter carriers.

    (f) Maximum Use of Safety Facilities.--This subchapter should be 
carried out consistently with a comprehensive airspace system plan, 
giving highest priority to commercial service airports, to maximize the 
use of safety facilities, including installing, operating, and 
maintaining, to the extent possible with available money and considering 
other safety needs--
        (1) electronic or visual vertical guidance on each runway;
        (2) grooving or friction treatment of each primary and secondary 
    runway;
        (3) distance-to-go signs for each primary and secondary runway;
        (4) a precision approach system, a vertical visual guidance 
    system, and a full approach light system for each primary runway;
        (5) a nonprecision instrument approach for each secondary 
    runway;
        (6) runway end identifier lights on each runway that does not 
    have an approach light system;
        (7) a surface movement radar system at each category III 
    airport;
        (8) a taxiway lighting and sign system;
        (9) runway edge lighting and marking; and
        (10) radar approach coverage for each airport terminal area.

    (g) Intermodal Planning.--To carry out the policy of subsection 
(a)(5) of this section, the Secretary of Transportation shall take each 
of the following actions:
        (1) Coordination in development of airport plans and programs.--
    Cooperate with State and local officials in developing airport plans 
    and programs that are based on overall transportation needs. The 
    airport plans and programs shall be developed in coordination with 
    other transportation planning and considering comprehensive long-
    range land-use plans and overall social, economic, environmental, 
    system performance, and energy conservation objectives. The process 
    of developing airport plans and programs shall be continuing, 
    cooperative, and comprehensive to the degree appropriate to the 
    complexity of the transportation problems.
        (2) Goals for airport master and system plans.--Encourage 
    airport sponsors and State and local officials to develop airport 
    master plans and airport system plans that--
            (A) foster effective coordination between aviation planning 
        and metropolitan planning;
            (B) include an evaluation of aviation needs within the 
        context of multimodal planning; and
            (C) are integrated with metropolitan plans to ensure that 
        airport development proposals include adequate consideration of 
        land use and ground transportation access.

        (3) Representation of airport operators on mpo's.--Encourage 
    metropolitan planning organizations, particularly in areas with 
    populations greater than 200,000, to establish membership positions 
    for airport operators.

    (h) Consultation.--To carry out the policy of subsection (a)(6) of 
this section, the Secretary of Transportation shall consult with the 
Secretary of the Interior and the Administrator of the Environmental 
Protection Agency about any project included in a project grant 
application involving the location of an airport or runway, or a major 
runway extension, that may have a significant effect on--
        (1) natural resources, including fish and wildlife;
        (2) natural, scenic, and recreation assets;
        (3) water and air quality; or
        (4) another factor affecting the environment.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1246; Pub. L. 103-
305, title I, Secs. 104, 110, Aug. 23, 1994, 108 Stat. 1571, 1573; Pub. 
L. 103-429, Sec. 6(62), Oct. 31, 1994, 108 Stat. 4385; Pub. L. 104-264, 
title I, Sec. 141, Oct. 9, 1996, 110 Stat. 3220.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47101(a)(1)...........................  49 App.:2201(a)(1), (2).         Sept. 
3, 1982, Pub. L. 97-248, Secs.
                                                                          502(a
)(1)-(3), (6), (b), 509(b)(5)
                                                                          (1st 
sentence, last sentence words
                                                                          befor
e 11th comma), 96 Stat. 671, 672,
                                                                          684.
                                        49 App.:2201(a)(9).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          502(a
)(9), 96 Stat. 672; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          102(b
)(1), (c)(1), 101 Stat. 1487.
                                        49 App.:2201(a)(10).             Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          502(a
)(10), 96 Stat. 672; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          102(b
)(1), (c)(2), 101 Stat. 1487.
47101(a)(2)...........................  49 App.:2201(a)(8).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          502(a
)(8), 96 Stat. 672; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          102(b
)(1), 101 Stat. 1487.
47101(a)(3)...........................  49 App.:2201(a)(6).
47101(a)(4)...........................  49 App.:2201(a)(7).              Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  502(a)(7); added Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          102(b
)(2), 101 Stat. 1487.
47101(a)(5)...........................  49 App.:2201(b) (1st sentence).
47101(a)(6)...........................  49 App.:2208(b)(5) (1st
                                         sentence).
47101(a)(7)...........................  49 App.:2201(a)(11).             Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  502(a)(11); added Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          102(c
)(3), 101 Stat. 1488.
47101(a)(8)...........................  49 App.:2201(a)(12).             Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  502(a)(12); added Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          102(c
)(3), 101 Stat. 1488; Nov. 5,
                                                                          1990,
 Pub. L. 101-508, Sec.
                                                                          9109(
a)(1), 104 Stat. 1388-356.
47101(a)(9)...........................  49 App.:2201(a)(13).             Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  502(a)(13); added Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          102(c
)(3), 101 Stat. 1488; Nov. 5,
                                                                          1990,
 Pub. L. 101-508, Secs.  9103(2),
                                                                          9109(
a)(2), 104 Stat. 1388-354, 1388-
                                                                          356.
47101(a)(10)..........................  49 App.:2201(a)(14).             Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  502(a)(14); added Nov. 5,
                                                                          1990,
 Pub. L. 101-508, Sec.
                                                                          9109(
a)(3), 104 Stat. 1388-356.
47101(b)..............................  49 App.:2201(c).                 Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  502(c), (d); added Oct. 31,
                                                                          1992,
 Pub. L. 102-581, Sec.  101, 106
                                                                          Stat.
 4875.
47101(c)..............................  49 App.:2201(d).
47101(d)..............................  49 App.:2201(a)(5).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          502(a
)(5), 96 Stat. 671; Nov. 5, 1990,
                                                                          Pub. 
L. 101-508, Sec.  9103(1), 104
                                                                          Stat.
 1388-354.
47101(e)..............................  49 App.:2201(a)(3).
                                        49 App.:2202(a)(20).             Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          503(a
)(20), 96 Stat. 674; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          103(c
)(1), 101 Stat. 1488.
47101(f)..............................  49 App.:2201(a)(4).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          502(a
)(4), 96 Stat. 671; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.  102(a),
                                                                          101 S
tat. 1487.
47101(g)..............................  49 App.:2201(b) (2d, last
                                         sentences).
47101(h)..............................  49 App.:2208(b)(5) (last
                                         sentence words before 11th
                                         comma).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the text of 49 
App.:2201(a)(2), (9), and (10) is omitted as executed. The words ``It is 
the policy of the United States'' are substituted for ``The Congress 
hereby . . . declares'' in 49 App.:2201(a) (words before cl. (1)), ``it 
is in the national interest'' in 49 App.:2201(a)(12), ``are not in the 
public interest and'' in 49 App.:2201(a)(13), ``It is declared to be in 
the national interest to'' in 49 App.:2201(b), and ``It is declared to 
be national policy that'' in 49 App.:2208(b)(5) for consistency in the 
revised title and with other titles of the United States Code. In clause 
(1), the word ``is'' is substituted for ``will continue to be'' to 
eliminate unnecessary words. In clause (2), the words ``with due 
regard'' are omitted as surplus. In clause (3), the words ``reliever 
airports make an important contribution to the efficient operation of 
the airport and airway system'' are omitted as executed. In clause (4), 
the words ``cargo hub airports play a critical role in the movement of 
commerce through the airport and airway system'' are omitted as 
executed. In clause (5), the words ``and promote'' are omitted as 
surplus.
    In subsection (d), the word ``to'' is substituted for ``with due 
regard for the goals expressed therein of'' to eliminate unnecessary 
words.
    In subsection (e), before clause (1), the words ``The facilities 
provided may include'' are substituted for ``including'' because of the 
restatement. Clause (2) is substituted for ``reliever heliports'' to 
incorporate the definition of that term from 49 App.:2202(a)(19) into 
this subsection.
    In subsection (f), before clause (1), the words ``the goal of'' are 
omitted as surplus.
    In subsection (g), the words ``formulated'' and ``due'' are omitted 
as surplus. The words ``process of developing airport plans and 
programs'' are substituted for ``process'' for clarity.


                             Pub. L. 103-429

    This amends 49:47101(a)(12) to translate a cross-reference to the 
Airport and Airway Improvement Act of 1982 (Public Law 97-248, 96 Stat. 
671) to the corresponding cross-reference of title 49, United States 
Code.


                               Amendments

    1996--Subsec. (g). Pub. L. 104-264 substituted ``Intermodal 
Planning'' for ``Cooperation'' in heading and amended text generally. 
Prior to amendment, text read as follows: ``To carry out the policy of 
subsection (a)(5) of this section, the Secretary of Transportation shall 
cooperate with State and local officials in developing airport plans and 
programs that are based on overall transportation needs. The airport 
plans and programs shall be developed in coordination with other 
transportation planning and considering comprehensive long-range land-
use plans and overall social, economic, environmental, system 
performance, and energy conservation objectives. The process of 
developing airport plans and programs shall be continuing, cooperative, 
and comprehensive to the degree appropriate to the complexity of the 
transportation problems.''
    1994--Subsec. (a)(11). Pub. L. 103-305, Sec. 104, added par. (11).
    Subsec. (a)(12). Pub. L. 103-429 substituted ``subchapter'' for 
``Act''.
    Pub. L. 103-305, Sec. 110, added par. (12).
    Subsec. (a)(13). Pub. L. 103-305, Sec. 110, added par. (13).


                    Effective Date of 1996 Amendment

    Except 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 Amendment

    Amendment 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.


                     Innovative Financing Techniques

    Section 148 of Pub. L. 104-264 provided that:
    ``(a) In General.--The Secretary of Transportation is authorized to 
carry out a demonstration program under which the Secretary may approve 
applications under subchapter I of chapter 471 of title 49, United 
States Code, for not more than 10 projects for which grants received 
under such subchapter may be used to implement innovative financing 
techniques.
    ``(b) Purpose.--The purpose of the demonstration program shall be to 
provide information on the use of innovative financing techniques for 
airport development projects to Congress and the National Civil Aviation 
Review Commission.
    ``(c) Limitation.--In no case shall the implementation of an 
innovative financing technique under the demonstration program result in 
a direct or indirect guarantee of any airport debt instrument by the 
Federal Government.
    ``(d) Innovative Financing Technique Defined.--In this section, the 
term `innovative financing technique' shall be limited to the following:
        ``(1) Payment of interest.
        ``(2) Commercial bond insurance and other credit enhancement 
    associated with airport bonds for eligible airport development.
        ``(3) Flexible non-Federal matching requirements.
    ``(e) Expiration of Authority.--The authority of the Secretary to 
carry out the demonstration program shall expire on September 30, 
1998.''


  Authority To Close Airport Located Near Closed or Realigned Military 
                                  Base

    Section 1203 of Pub. L. 104-264 provided that: ``Notwithstanding any 
other provision of a law, rule, or grant assurance, an airport that is 
not a commercial service airport may be closed by its sponsor without 
any obligation to repay grants made under chapter 471 of title 49, 
United States Code, the Airport and Airway Improvement Act of 1982 [see 
References in Text note set out under section 47108 of this title], or 
any other law if the airport is located within 2 miles of a United 
States Army depot which has been closed or realigned; except that in the 
case of disposal of the land associated with the airport, the part of 
the proceeds from the disposal that is proportional to the Government's 
share of the cost of acquiring the land shall be paid to the Secretary 
of Transportation for deposit in the Airport and Airway Trust Fund 
established under section 9502 of the Internal Revenue Code of 1986 (26 
U.S.C. 9502).''


                      Study on Innovative Financing

    Section 520 of Pub. L. 103-305 provided that:
    ``(a) Study.--The Secretary shall conduct a study on innovative 
approaches for using Federal funds to finance airport development as a 
means of supplementing financing available under the Airport Improvement 
Program.
    ``(b) Matters To Be Considered.--In conducting the study under 
subsection (a), the Secretary shall consider, at a minimum, the 
following:
        ``(1) Mechanisms that will produce greater investments in 
    airport development per dollar of Federal expenditure.
        ``(2) Approaches that would permit entering into agreements with 
    non-Federal entities, such as airport sponsors, for the loan of 
    Federal funds, guarantee of loan repayment, or purchase of insurance 
    or other forms of enhancement for borrower debt, including the use 
    of unobligated Airport Improvement Program contract authority and 
    unobligated balances in the Airport and Airway Trust Fund.
        ``(3) Means to lower the cost of financing airport development.
    ``(c) Consultation.--In considering innovative financing pursuant to 
this section, the Secretary may consult with airport owners and 
operators and public and private sector experts.
    ``(d) Report to Congress.--Not later than 12 months after the date 
of the enactment of this Act [Aug. 23, 1994], the Secretary shall 
transmit to Congress a report on the results of the study conducted 
under subsection (a).''

                  Section Referred to in Other Sections

    This section is referred to in title 16 section 460kkk.
