
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 106-181 Section 135(c)]
[Document affected by Public Law 107-71 Section 143]
[CITE: 49USC47108]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47108. Project grant agreements

    (a) Offer and Acceptance.--On approving a project grant application 
under this subchapter, the Secretary of Transportation shall offer the 
sponsor a grant to pay the United States Government's share of the 
project costs allowable under section 47110 of this title. The Secretary 
may impose terms on the offer that the Secretary considers necessary to 
carry out this subchapter and regulations prescribed under this 
subchapter. An offer shall state the obligations to be assumed by the 
sponsor and the maximum amount the Government will pay for the project 
from the amounts authorized under chapter 481 of this title (except 
sections 48102(e), 48106, 48107, and 48110). At the request of the 
sponsor, an offer of a grant for a project that will not be completed in 
one fiscal year shall provide for the obligation of amounts apportioned 
or to be apportioned to a sponsor under section 47114(c) of this title 
for the fiscal years necessary to pay the Government's share of the cost 
of the project. An offer that is accepted in writing by the sponsor is 
an agreement binding on the Government and the sponsor. The Government 
may pay or be obligated to pay a project cost only after a grant 
agreement for the project is signed.
    (b) Increasing Government's Share Under This Subchapter or Chapter 
475.--(1) When an offer has been accepted in writing, the amount stated 
in the offer as the maximum amount the Government will pay may be 
increased only as provided in paragraphs (2) and (3) of this subsection.
    (2)(A) For a project receiving assistance under a grant approved 
under the Airport and Airway Improvement Act of 1982 before October 1, 
1987, the amount may be increased by not more than--
        (i) 10 percent for an airport development project, except a 
    project for acquiring an interest in land; and
        (ii) 50 percent of the total increase in allowable project costs 
    attributable to acquiring an interest in land, based on current 
    creditable appraisals.

    (B) An increase under subparagraph (A) of this paragraph may be paid 
only from amounts the Government recovers from other grants made under 
this subchapter.
    (3) For a project receiving assistance under a grant approved under 
the Act, this subchapter, or chapter 475 of this title after September 
30, 1987, the amount may be increased--
        (A) for an airport development project, by not more than 15 
    percent; and
        (B) for a grant after September 30, 1992, to acquire an interest 
    in land for an airport (except a primary airport), by not more than 
    the greater of the following, based on current creditable appraisals 
    or a court award in a condemnation proceeding:
            (i) 15 percent; or
            (ii) 25 percent of the total increase in allowable project 
        costs attributable to acquiring an interest in land.

    (c) Increasing Government's Share Under Airport and Airway 
Development Act of 1970.--For a project receiving assistance under a 
grant made under the Airport and Airway Development Act of 1970, the 
maximum amount the Government will pay may be increased by not more than 
10 percent. An increase under this subsection may be paid only from 
amounts the Government recovers from other grants made under the Act.
    (d) Changing Workscope.--With the consent of the sponsor, the 
Secretary may amend a grant agreement made under this subchapter to 
change the workscope of a project financed under the grant if the 
amendment does not result in an increase in the maximum amount the 
Government may pay under subsection (b) of this section.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1262.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47108(a)..............................  49 App.:2211(a).                 Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          512(a
), 96 Stat. 688; Dec. 30, 1987,
                                                                          Pub. 
L. 100-223, Secs.  106(b)(4),
                                                                          110(c
), 101 Stat. 1498, 1502.
47108(b)..............................  49 App.:2211(b).                 Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          512(b
), 96 Stat. 688; restated Dec.
                                                                          30, 1
987, Pub. L. 100-223, Sec.
                                                                          110(a
), 101 Stat. 1502; Oct. 31, 1992,
                                                                          Pub. 
L. 102-581, Sec.  109, 106 Stat.
                                                                          4879.
47108(c)..............................  49 App.:2211(c).
47108(d)..............................  49 App.:2211(d).                 Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  512(d); added Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.  110(b),
                                                                          101 S
tat. 1502.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the words ``on behalf of the United States'' are 
omitted as surplus. The words ``or sponsors'' are omitted because of 
1:1. The words ``of the application'' are omitted as surplus. The words 
``under section 47110 of this title'' are added for clarity. The words 
``and conditions'' are omitted as being included in ``terms''. The words 
``for the project'' are added for clarity. The words ``an offer of a 
grant for a project'' are substituted for ``In any case where the 
Secretary approves a project grant application for a project . . . the 
offer'' to eliminate unnecessary words. The words ``(including future 
fiscal years)'' are omitted as surplus. The words ``An offer that is 
accepted in writing by the sponsor is an agreement binding on the 
Government and the sponsor'' are substituted for ``If and when an offer 
is accepted in writing by the sponsor, the offer and acceptance shall 
comprise an agreement constituting an obligation of the United States 
and of the sponsor'' to eliminate unnecessary words. The words ``which 
have been or may be incurred'' are omitted as surplus.
    In subsection (b)(1), the words ``by a sponsor'' are omitted as 
surplus. The words ``amount the Government will pay'' are substituted 
for ``obligation of the United States'' for clarity and consistency in 
this section.
    In subsection (b)(2), the text of 49 App.:2211(b)(2) (last sentence) 
is restated to apply only to 49 App.:2211(b)(2) (1st sentence) to carry 
out the probable intent of Congress.
    In subsection (b)(3)(B), the words ``for fiscal year 1993 and 
thereafter'' are omitted as unnecessary.
    In subsection (c), the words ``Notwithstanding any other provision 
of law'' are omitted as surplus. The words ``a project receiving 
assistance under'' are added for consistency.
    In subsection (d), the word ``sponsor'' is substituted for ``grant 
recipient'' for clarity. The words ``amount the Government may pay'' are 
substituted for ``obligation of the United States authorized'' for 
clarity and consistency in this section.

                       References in Text

    The Airport and Airway Improvement Act of 1982, referred to in 
subsec. (b)(2)(A), (3), is title V of Pub. L. 97-248, Sept. 3, 1982, 96 
Stat. 671, as amended, which was classified principally to chapter 31 
(Sec. 2201 et seq.) of former Title 49, Transportation, and was 
substantially repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 
Stat. 1379, and reenacted by the first section thereof as this 
subchapter.
    The Airport and Airway Development Act of 1970, referred to in 
subsec. (c), is title I of Pub. L. 91-258, May 21, 1970, 84 Stat. 219, 
as amended, which was classified principally to chapter 25 (Sec. 1701 et 
seq.) of former Title 49. Sections 1 through 30 of title I of Pub. L. 
91-258, which enacted sections 1701 to 1703, 1711 to 1713, and 1714 to 
1730 of former Title 49, and a provision set out as a note under section 
1701 of former Title 49, were repealed by Pub. L. 97-248, title V, 
Sec. 523(a), Sept. 3, 1982, 96 Stat. 695. Sections 31, 51, 52(a), 
(b)(4), (6), (c), (d), and 53 of title I of Pub. L. 91-258 were repealed 
by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379, the first 
section of which enacted subtitles II, III, and V to X of Title 49, 
Transportation. For complete classification of this Act to the Code, see 
Tables. For disposition of sections of former Title 49, see table at the 
beginning of Title 49.

                  Section Referred to in Other Sections

    This section is referred to in sections 47104, 47110 of this title.
