
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 126]
[Document affected by Public Law 107-71 Section 119(a)(4)]
[CITE: 49USC47109]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47109. United States Government's share of project costs

    (a) General.--Except as provided in subsection (b) of this section, 
the United States Government's share of allowable project costs is--
        (1) 75 percent for a project at a primary airport having at 
    least .25 percent of the total number of passenger boardings each 
    year at all commercial service airports;
        (2) 90 percent for a project at any other airport; and
        (3) 40 percent for a project funded by the Administrator from 
    the discretionary fund under section 47115 at an airport receiving 
    an exemption under section 47134.

    (b) Increased Government Share.--If, under subsection (a) of this 
section, the Government's share of allowable costs of a project in a 
State containing unappropriated and unreserved public lands and 
nontaxable Indian lands (individual and tribal) of more than 5 percent 
of the total area of all lands in the State, is less than the share 
applied on June 30, 1975, under section 17(b) of the Airport and Airway 
Development Act of 1970, the Government's share under subsection (a) of 
this section shall be increased by the lesser of--
        (1) 25 percent;
        (2) one-half of the percentage that the area of unappropriated 
    and unreserved public lands and nontaxable Indian lands in the State 
    is of the total area of the State; or
        (3) the percentage necessary to increase the Government's share 
    to the percentage that applied on June 30, 1975, under section 17(b) 
    of the Act.

    (c) Special Rule for Privately Owned Reliever Airports.--If a 
privately owned reliever airport contributes any lands, easements, or 
rights-of-way to carry out a project under this subchapter, the current 
fair market value of such lands, easements, or rights-of-way shall be 
credited toward the non-Federal share of allowable project costs.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1264; Pub. L. 103-
305, title I, Sec. 114, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 104-264, 
title I, Sec. 149(c), title XII, Sec. 1211, Oct. 9, 1996, 110 Stat. 
3227, 3282.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47109(a)..............................  49 App.:2209(a), (b).            Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          510, 
96 Stat. 685.
47109(b)..............................  49 App.:2209(c).
47109(c)..............................  49 App.:2212(b)(5).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          513(b
)(5), 96 Stat. 691; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          111(a
)(2), 101 Stat. 1503; Oct. 31,
                                                                          1992,
 Pub. L. 102-581, Sec.  110(b),
                                                                          106 S
tat. 4880.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the words ``Except as provided 
in subsections (b) and (c) of this section'' are substituted for 
``Except as otherwise provided in this chapter'' because subsections (b) 
and (c) restate the only parts of the chapter that provide exceptions to 
the general rule stated in subsection (a). In clauses (1) and (2), the 
words ``for a project'' are substituted for ``payable on account of any 
project contained in an approved project grant application submitted in 
accordance with this chapter'' in 49 App.:2209(a) and ``payable on 
account of any project contained in an approved project grant 
application'' in 49 App.:2209(b) for consistency in this chapter and to 
eliminate unnecessary words. A project cost is allowable only if it is 
incurred under a grant agreement made under the chapter, and a grant 
agreement may be made only if the project grant application is approved. 
In clause (1), the words ``number of passenger boardings'' are 
substituted for ``enplaning . . . of the . . . passengers enplaned'' 
because of the definition of ``passenger boardings'' in section 47102 of 
the revised title.
    In subsection (b), the words ``If, under subsection (a) of this 
section, the Government's share of allowable costs . . . is less than 
the share applied on June 30, 1975, under section 17(b) of the Airport 
and Airway Development Act of 1970'' and ``(3) the percentage necessary 
to increase the Government's share to the percentage that applied on 
June 30, 1975, under section 17(b) of the Act'' are substituted for 49 
App.:2209(c) (last sentence) for clarity. The words ``of the total of 
all lands therein'' are omitted as surplus.
    In subsection (c), the words ``Notwithstanding subsections (a) and 
(b) of this section'' are substituted for ``Notwithstanding any other 
provision of this chapter'' because subsections (a) and (b) are the only 
other parts of the chapter that specify the United States Government's 
share of allowable project costs.

                       References in Text

    Section 17(b) of the Airport and Airway Development Act of 1970, 
referred to in subsec. (b), is section 17(b) of Pub. L. 91-258, which 
was classified to section 1717(b) of former Title 49, Transportation, 
prior to repeal by Pub. L. 97-248, title V, Sec. 523(a), Sept. 3, 1982, 
96 Stat. 695.


                               Amendments

    1996--Subsec. (a)(3). Pub. L. 104-264, Sec. 149(c), added par. (3).
    Subsec. (c). Pub. L. 104-264, Sec. 1211, added subsec. (c).
    1994--Subsec. (a). Pub. L. 103-305, Sec. 114(1), substituted 
``subsection (b)'' for ``subsections (b) and (c)''.
    Subsec. (c). Pub. L. 103-305, Sec. 114(2), struck out subsec. (c) 
which read as follows: ``(c) Limitation.--Notwithstanding subsections 
(a) and (b) of this section, the Government's share of project costs 
allowable under section 47110(d) of this title may not be more than 75 
percent, except that the Government's share shall be 85 percent for a 
project at a commercial service airport that does not have more than .05 
percent of the total annual passenger boardings in the United States.''


                    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.

                  Section Referred to in Other Sections

    This section is referred to in sections 47118, 47504, 47505 of this 
title.
