
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC47105]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47105. Project grant applications

    (a) Submission and Consultation.--(1) An application for a project 
grant under this subchapter may be submitted to the Secretary of 
Transportation by--
        (A) a sponsor; or
        (B) a State, as the only sponsor, for an airport development 
    project benefitting 1 or more airports in the State or for airport 
    planning for projects for 1 or more airports in the State if--
            (i) the sponsor of each airport gives written consent that 
        the State be the applicant;
            (ii) the Secretary is satisfied there is administrative 
        merit and aeronautical benefit in the State being the sponsor; 
        and
            (iii) an acceptable agreement exists that ensures that the 
        State will comply with appropriate grant conditions and other 
        assurances the Secretary requires.

    (2) Before deciding to undertake an airport development project at 
an airport under this subchapter, a sponsor shall consult with the 
airport users that will be affected by the project.
    (3) This subsection does not authorize a public agency that is 
subject to the laws of a State to apply for a project grant in violation 
of a law of the State.
    (b) Contents and Form.--An application for a project grant under 
this subchapter--
        (1) shall describe the project proposed to be undertaken;
        (2) may propose a project only for a public-use airport included 
    in the current national plan of integrated airport systems;
        (3) may propose airport development only if the development 
    complies with standards the Secretary prescribes or approves, 
    including standards for site location, airport layout, site 
    preparation, paving, lighting, and safety of approaches; and
        (4) shall be in the form and contain other information the 
    Secretary prescribes.

    (c) State Standards for Airport Development.--The Secretary may 
approve standards (except standards for safety of approaches) that a 
State prescribes for airport development at nonprimary public-use 
airports in the State. On approval under this subsection, a State's 
standards apply to the nonprimary public-use airports in the State 
instead of the comparable standards prescribed by the Secretary under 
subsection (b)(3) of this section. The Secretary, or the State with the 
approval of the Secretary, may revise standards approved under this 
subsection.
    (d) Certification of Compliance.--The Secretary may require a 
sponsor to certify that the sponsor will comply with this subchapter in 
carrying out the project. The Secretary may rescind the acceptance of a 
certification at any time. This subsection does not affect an obligation 
or responsibility of the Secretary under another law of the United 
States.
    (e) Preventive Maintenance.--After January 1, 1995, the Secretary 
may approve an application under this subchapter for the replacement or 
reconstruction of pavement at an airport only if the sponsor has 
provided such assurances or certifications as the Secretary may 
determine appropriate that such airport has implemented an effective 
airport pavement maintenance-management program. The Secretary may 
require such reports on pavement condition and pavement management 
programs as the Secretary determines may be useful.
    (f) Notification.--The sponsor of an airport for which an amount is 
apportioned under section 47114(c) of this title shall notify the 
Secretary of the fiscal year in which the sponsor intends to submit a 
project grant application for the apportioned amount. The notification 
shall be given by the time and contain the information the Secretary 
prescribes.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1253; Pub. L. 103-
305, title I, Secs. 106, 107(a), Aug. 23, 1994, 108 Stat. 1572.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47105(a) (1)(A).......................  49 App.:2208(a)(1) (1st          Sept. 
3, 1982, Pub. L. 97-248, Secs.
                                         sentence related to authority    509(a
)(1), (c), (d), 511(c), 96 Stat.
                                         to submit applications).         682, 
685, 688.
47105(a) (1)(B).......................  49 App.:2208(a)(3).              Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  509(a)(3); added Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.  108, 101
                                                                          Stat.
 1498.
47105(a)(2)...........................  49 App.:2210(c).
47105(a)(3)...........................  49 App.:2208(a)(1) (3d
                                         sentence).
47105(b)..............................  49 App.:2208(a)(1) (1st
                                         sentence related to form and
                                         contents, 2d, last sentences).
47105(c)..............................  49 App.:2208(c).
47105(d)..............................  49 App.:2208(d).
47105(e)..............................  49 App.:2208(e).                 Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          509(e
), 96 Stat. 685; Dec. 30, 1987,
                                                                          Pub. 
L. 100-223, Sec.  106(b)(3)(B),
                                                                          101 S
tat. 1498.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a)(1), before clause (A), the words ``Subject to the 
provisions of this subsection'' are omitted as surplus. The words ``for 
one or more projects'' are omitted as surplus because of the definition 
of ``project grant'' in section 47102 of the revised title. Clause (A) 
is substituted for ``(A) any public agency, or two or more public 
agencies acting jointly, or (B) any sponsor of a public-use airport, or 
two or more such sponsors, acting jointly'' because of the definition of 
``sponsor'' in section 47102 of the revised title.
    In subsection (a)(2), the word ``Before'' is substituted for ``In'' 
as the more appropriate word. The words ``at an airport'' are 
substituted for ``at which such project is proposed'' to eliminate 
unnecessary words. The words ``airport users that will be affected by 
the project'' are substituted for ``affected parties'' for clarity.
    Subsection (a)(3) is substituted for 49 App.:2208(a)(1) (3d 
sentence) to eliminate unnecessary words.
    In subsection (b)(1), the words ``shall describe'' are substituted 
for ``setting forth'' for clarity.
    In subsection (b)(2), the word ``project'' is substituted for 
``airport development or airport planning'' because of the definition of 
``project'' in section 47102 of the revised title. The words ``prepared 
pursuant to section 2203 of the Appendix'' are eliminated as 
unnecessary.
    In subsection (c), the words ``from time to time'' are eliminated as 
unnecessary.
    In subsection (d), the words ``in connection with any project'' are 
omitted as surplus. The words ``that the sponsor will comply with this 
subchapter in carrying out the project'' are substituted for ``that such 
sponsor will comply with all of the statutory and administrative 
requirements imposed on such sponsor under this chapter in connection 
with such project'' to eliminate unnecessary words. The words ``or 
discharge'' are omitted as included in ``affect''. The words 
``including, but not limited to, the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.), section 303 of title 49, title VI of 
the Civil Rights Act of 1964 (42 U.S.C. 2000b) [42 U.S.C. 2000d et 
seq.], title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.), 
and the Uniform Relocation Assistance and Real Property Acquisition 
Policies Act of 1970 (42 U.S.C. 4601 et seq.)'' are omitted as included 
in ``another law of the United States''.
    In subsection (e), the words ``of an airport for which'' are 
substituted for ``to which'' for clarity.


                               Amendments

    1994--Subsec. (a)(1)(B). Pub. L. 103-305, Sec. 106, in introductory 
provisions, substituted ``1 or more airports'' for ``at least 2 
airports'' in two places and struck out ``similar'' before ``projects''.
    Subsecs. (e), (f). Pub. L. 103-305, Sec. 107(a), added subsec. (e) 
and redesignated former subsec. (e) as (f).

                  Section Referred to in Other Sections

    This section is referred to in section 47117 of this title.
