
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: 49USC47111]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47111. Payments under project grant agreements

    (a) General Authority.--After making a project grant agreement under 
this subchapter and consulting with the sponsor, the Secretary of 
Transportation may decide when and in what amounts payments under the 
agreement will be made. Payments totaling not more than 90 percent of 
the United States Government's share of the project's estimated 
allowable costs may be made before the project is completed if the 
sponsor certifies to the Secretary that the total amount expended from 
the advance payments at any time will not be more than the cost of the 
airport development work completed on the project at that time.
    (b) Recovering Payments.--If the Secretary determines that the total 
amount of payments made under a grant agreement under this subchapter is 
more than the Government's share of the total allowable project costs, 
the Government may recover the excess amount. If the Secretary finds 
that a project for which an advance payment was made has not been 
completed within a reasonable time, the Government may recover any part 
of the advance payment for which the Government received no benefit.
    (c) Payment Deposits.--A payment under a project grant agreement 
under this subchapter may be made only to an official or depository 
designated by the sponsor and authorized by law to receive public money.
    (d) Withholding Payments.--(1) The Secretary may withhold a payment 
under a grant agreement under this subchapter for more than 180 days 
after the payment is due only if the Secretary--
        (A) notifies the sponsor and provides an opportunity for a 
    hearing; and
        (B) finds that the sponsor has violated the agreement.

    (2) The 180-day period may be extended by--
        (A) agreement of the Secretary and the sponsor; or
        (B) the hearing officer if the officer decides an extension is 
    necessary because the sponsor did not follow the schedule the 
    officer established.

    (3) A person adversely affected by an order of the Secretary 
withholding a payment may apply for review of the order by filing a 
petition in the United States Court of Appeals for the District of 
Columbia Circuit or in the court of appeals of the United States for the 
circuit in which the project is located. The petition must be filed not 
later than 60 days after the order is served on the petitioner.
    (e) Action on Grant Assurances Concerning Airport Revenues.--If, 
after notice and opportunity for a hearing, the Secretary finds a 
violation of section 47107(b) of this title, as further defined by the 
Secretary under section 47107(l) of this title, or a violation of an 
assurance made under section 47107(b) of this title, and the Secretary 
has provided an opportunity for the airport sponsor to take corrective 
action to cure such violation, and such corrective action has not been 
taken within the period of time set by the Secretary, the Secretary 
shall withhold approval of any new grant application for funds under 
this chapter, or any proposed modification to an existing grant that 
would increase the amount of funds made available under this chapter to 
the airport sponsor, and withhold approval of any new application to 
impose a fee under section 40117 of this title. Such applications may 
thereafter be approved only upon a finding by the Secretary that such 
corrective action as the Secretary requires has been taken to address 
the violation and that the violation no longer exists.
    (f) Judicial Enforcement.--For any violation of this chapter or any 
grant assurance made under this chapter, the Secretary may apply to the 
district court of the United States for any district in which the 
violation occurred for enforcement. Such court shall have jurisdiction 
to enforce obedience thereto by a writ of injunction or other process, 
mandatory or otherwise, restraining any person from further violation.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1266; Pub. L. 103-
305, title I, Sec. 112(b), Aug. 23, 1994, 108 Stat. 1575.)

                                          Historical and Revision Notes
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47111(a)..............................  49 App.:2213 (1st, 2d            Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                         sentences).                      514, 
96 Stat. 691.
47111(b)..............................  49 App.:2213 (3d, 4th
                                         sentences).
47111(c)..............................  49 App.:2213 (last sentence).
47111(d)..............................  49 App.:2218(b) (related to      Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                         payment).                        324, 
Sec.  519(b) (related to
                                                                          payme
nt); added Dec. 30, 1987, Pub. L.
                                                                          100-2
23, Sec.  112(2), 101 Stat. 1504.
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---------------------------------

    In subsection (a), the words ``the terms of'' are omitted as 
surplus. The words ``totaling'' and ``total'' are substituted for ``in 
an aggregate amount'' and ``aggregate'' for consistency in the revised 
title. The words ``from time to time'' are omitted as surplus. The words 
``before the project is completed'' are substituted for ``in advance of 
accomplishment of the airport project to which the payments relate'' for 
consistency in this chapter and to eliminate unnecessary words.
    In subsection (b), the words ``at any time'' are omitted as surplus. 
The words ``project for which an advance payment was made has not been 
completed within a reasonable time'' are substituted for ``any airport 
development to which the advance payments relate has not been 
accomplished within a reasonable time or the project is not completed'' 
for clarity, for consistency in this chapter, and to eliminate 
unnecessary words.
    In subsection (d)(1) and (2), the word ``sponsor'' is substituted 
for ``recipient'' and ``grant recipient'' for clarity.
    In subsection (d)(2)(A), the word ``mutual'' is omitted as surplus.
    In subsection (d)(3), the words ``adversely affected'' are 
substituted for ``aggrieved'' for consistency in the revised title and 
with other titles of the United States Code. The words ``the date on 
which'' are omitted as surplus.


                               Amendments

    1994--Subsecs. (e), (f). Pub. L. 103-305 added subsecs. (e) and (f).

                  Section Referred to in Other Sections

    This section is referred to in section 47110 of this title.
