
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 104(a)-(d)]
[Document affected by Public Law 106-181 Section 105(c)]
[Document affected by Public Law 107-71 Section 119(b)]
[CITE: 49USC47114]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47114. Apportionments

    (a) Definition.--In this section, ``amount subject to 
apportionment'' means the amount newly made available under section 
48103 of this title for a fiscal year.
    (b) Apportionment Date.--On the first day of each fiscal year, the 
Secretary of Transportation shall apportion the amount subject to 
apportionment for that fiscal year as provided in this section.
    (c) Amounts Apportioned to Sponsors.--(1)(A) The Secretary shall 
apportion to the sponsor of each primary airport for each fiscal year an 
amount equal to--
        (i) $7.80 for each of the first 50,000 passenger boardings at 
    the airport during the prior calendar year;
        (ii) $5.20 for each of the next 50,000 passenger boardings at 
    the airport during the prior calendar year;
        (iii) $2.60 for each of the next 400,000 passenger boardings at 
    the airport during the prior calendar year;
        (iv) $.65 for each of the next 500,000 passenger boardings at 
    the airport during the prior calendar year; and
        (v) $.50 for each additional passenger boarding at the airport 
    during the prior calendar year.

    (B) Not less than $500,000 nor more than $22,000,000 may be 
apportioned under subparagraph (A) of this paragraph to an airport 
sponsor for a primary airport for each fiscal year.
    (2) Cargo only airports.--
        (A) Apportionment.--Subject to subparagraph (D), the Secretary 
    shall apportion an amount equal to 2.5 percent of the amount subject 
    to apportionment each fiscal year to the sponsors of airports served 
    by aircraft providing air transportation of only cargo with a total 
    annual landed weight of more than 100,000,000 pounds.
        (B) Suballocation formula.--Any funds apportioned under 
    subparagraph (A) to sponsors of airports described in subparagraph 
    (A) shall be allocated among those airports in the proportion that 
    the total annual landed weight of aircraft described in subparagraph 
    (A) landing at each of those airports bears to the total annual 
    landed weight of those aircraft landing at all those airports.
        (C) Limitation.--Not more than 8 percent of the amount 
    apportioned under subparagraph (A) may be apportioned for any one 
    airport.
        (D) Distribution to other airports.--Before apportioning amounts 
    to the sponsors of airports under subparagraph (A) for a fiscal 
    year, the Secretary may set-aside a portion of such amounts for 
    distribution to the sponsors of other airports, selected by the 
    Secretary, that the Secretary finds will be served primarily by 
    aircraft providing air transportation of only cargo.
        (E) Determination of landed weight.--Landed weight under this 
    paragraph is the landed weight of aircraft landing at each airport 
    described in subparagraph (A) during the prior calendar year.

    (d) Amounts Apportioned to States.--(1) In this subsection--
        (A) ``area'' includes land and water.
        (B) ``population'' means the population stated in the latest 
    decennial census of the United States.

    (2) The Secretary shall apportion to the States 18.5 percent of the 
amount subject to apportionment for each fiscal year as follows:
        (A) 0.66 percent of the apportioned amount to Guam, American 
    Samoa, the Northern Mariana Islands, the Trust Territory of the 
    Pacific Islands, and the Virgin Islands.
        (B) except as provided in paragraph (3) of this subsection, 
    49.67 percent of the apportioned amount for airports, excluding 
    primary airports but including reliever and nonprimary commercial 
    service airports, in States not named in clause (A) of this 
    paragraph in the proportion that the population of each of those 
    States bears to the total population of all of those States.
        (C) except as provided in paragraph (3) of this subsection, 
    49.67 percent of the apportioned amount for airports, excluding 
    primary airports but including reliever and nonprimary commercial 
    service airports, in States not named in clause (A) of this 
    paragraph in the proportion that the area of each of those States 
    bears to the total area of all of those States.

    (3) An amount apportioned under paragraph (2) of this subsection for 
an airport in--
        (A) Alaska may be made available by the Secretary for a public 
    airport described in section 47117(e)(1)(C)(ii) \1\ of this title to 
    which section 15(a)(3)(A)(II) of the Airport and Airway Development 
    Act of 1970 applied during the fiscal year that ended September 30, 
    1981; and
---------------------------------------------------------------------------
    \1\ See References in Text below.
---------------------------------------------------------------------------
        (B) Puerto Rico may be made available by the Secretary for a 
    primary airport and an airport described in section 47117(e)(1)(C) 
    of this title.

    (e) Alternative Apportionment for Alaska.--(1) Instead of 
apportioning amounts for airports in Alaska under subsections (c) and 
(d) of this section, the Secretary may apportion amounts for those 
airports in the way in which amounts were apportioned in the fiscal year 
ending September 30, 1980, under section 15(a) of the Act. However, in 
apportioning amounts for a fiscal year under this subsection, the 
Secretary shall apportion--
        (A) for each primary airport at least as much as would be 
    apportioned for the airport under subsection (c)(1) of this section; 
    and
        (B) a total amount at least equal to the minimum amount required 
    to be apportioned to airports in Alaska in the fiscal year ending 
    September 30, 1980, under section 15(a)(3)(A) of the Act.

    (2) This subsection does not prohibit the Secretary from making 
project grants for airports in Alaska from the discretionary fund under 
section 47115 of this title.
    (3) Airports referred to in this subsection include those public 
airports that received scheduled service as of September 3, 1982, but 
were not apportioned amounts in the fiscal year ending September 30, 
1980, under section 15(a) of the Act because the airports were not under 
the control of a State or local public agency.
    (f) Reducing Apportionments.--An amount that would be apportioned 
under this section (except subsection (c)(2)) in a fiscal year to the 
sponsor of an airport having at least .25 percent of the total number of 
boardings each year in the United States and for which a fee is imposed 
in the fiscal year under section 40117 of this title shall be reduced by 
an amount equal to 50 percent of the projected revenues from the fee in 
the fiscal year but not by more than 50 percent of the amount that 
otherwise would be apportioned under this section.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1268; Pub. L. 103-
429, Sec. 6(66), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 104-264, title 
I, Sec. 121, Oct. 9, 1996, 110 Stat. 3217.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47114(a), (b).........................  49 App.:2206(a) (words before    Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                         cl. (1)).                        507(a
)(1), (3), (b)(2), (4)-(5)(C),
                                                                          (E), 
(6), 96 Stat. 679; Jan. 6, 1983,
                                                                          Pub. 
L. 97-424, Sec.  426(a), (d), 96
                                                                          Stat.
 2167, 2168; restated Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.  106(a),
                                                                          101 S
tat. 1494, 1496.
47114(c) (1)(A).......................  49 App.:2206(a)(1).
                                        49 App.:2206(e)(1).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          507(e
), (f), 96 Stat. 679; Jan. 6,
                                                                          1983,
 Pub. L. 97-424, Sec.  426(a),
                                                                          (d), 
96 Stat. 2167, 2168; restated
                                                                          Dec. 
30, 1987, Pub. L. 100-223, Sec.
                                                                          106(a
), 101 Stat. 1497; Nov. 5, 1990,
                                                                          Pub. 
L. 101-508, Sec.  9112(b), 104
                                                                          Stat.
 1388-362.
47114(c) (1)(B).......................  49 App.:2206(b)(1).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          507(a
)(2), (b)(1), (3), (5)(F), 96
                                                                          Stat.
 679; Jan. 6, 1983, Pub. L. 97-
                                                                          424, 
Sec.  426(a), (d), 96 Stat. 2167,
                                                                          2168;
 restated Dec. 30, 1987, Pub. L.
                                                                          100-2
23, Sec.  106(a), 101 Stat. 1494,
                                                                          1496;
 Oct. 31, 1992, Pub. L. 102-581,
                                                                          Sec. 
 106, 106 Stat. 4878.
47114(c)(2)...........................  49 App.:2206(a)(2), (b)(4),
                                         (e)(2).
47114(c)(3)...........................  49 App.:2206(b)(2), (3).
47114(d)(1)...........................  49 App.:2206(f).
47114(d)(2)...........................  49 App.:2206(a)(3).
47114(d)(3)...........................  49 App.:2206(b)(6).
47114(e)..............................  49 App.:2206(b) (5)(A)-(C),
                                         (E), (F).
47114(f)..............................  49 App.:2206(b)(7).              Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  507(b)(7); added Nov. 5,
                                                                          1990,
 Pub. L. 101-508, Sec.  9111, 104
                                                                          Stat.
 1388-362.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), the word ``newly'' is substituted for ``and not 
previously apportioned'' for clarity. The words ``made available'' are 
substituted for ``authorized to be obligated'' for clarity and 
consistency.
    In subsection (c)(1)(A), the words ``during the prior calendar 
year'' are substituted for 49 App.:2206(b) for clarity.
    In subsection (c)(2)(A), the word ``cargo'' is substituted for 
``property (including mail)'' for consistency in the revised title.
    In subsection (c)(3), the words ``The total of all amounts 
apportioned under paragraphs (1) and (2) of this subsection may not be 
more than 44 percent of the amount subject to apportionment for a fiscal 
year'' are substituted for 49 App.:2206(b)(2)(A) and (3)(A) for clarity 
and to eliminate unnecessary words. The words ``If this paragraph 
requires reduction of an amount that otherwise would be apportioned 
under this subsection'' are substituted for ``In any case in which 
apportionments in a fiscal year would be reduced by subparagraph (A)'' 
for clarity.
    In subsection (d)(2)(A), the words ``the Commonwealth of'' are 
omitted as surplus.
    In subsection (d)(2)(B) and (C), the words ``except as provided in 
paragraph (3) of this subsection'' are added, and the words ``49.5 
percent of the apportioned amount'' are substituted for ``1/2 of the 
remaining 99 percent'', for clarity.
    In subsection (d)(3), before clause (A), the words ``Notwithstanding 
subsection (a)(3)(B) of this section'' are omitted as surplus.
    In subsection (e)(1), before clause (A), the words ``Instead of 
apportioning amounts for airports in Alaska under subsections (c) and 
(d) of this section'' are substituted for ``Notwithstanding any other 
provision of subsection (a) of this section'' for clarity.
    In subsection (e)(2), the words ``be construed as'' are omitted as 
surplus.
    In subsection (f), the words ``which, but for this paragraph, would 
be'' the first time they appear are omitted as surplus. The words ``but 
not by more than'' are substituted for ``The maximum reduction in an 
apportionment to a sponsor of an airport as a result of this paragraph 
in a fiscal year shall be'' to eliminate unnecessary words.


                             Pub. L. 103-429

    Revision notes for 49:47114(c)(3)(A) are included to reflect changes 
made for clarity and to correct an error in the codification enacted by 
section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 Stat. 
1269).

-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47114(c) (1)(B).......................  49 App.:2206(b)(1).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          507(b
)(1), as amended May 26, 1994,
                                                                          Pub. 
L. 103-260, Sec.  103, 108 Stat.
                                                                          698.
47114(c) (3)(B).......................  49 App.:2206(b)(3).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          507(b
)(3), as amended May 26, 1994,
                                                                          Pub. 
L. 103-260, Sec.  102, 108 Stat.
                                                                          698.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (c)(3)(A) and (B), the words ``If this subparagraph 
requires reduction of an amount that otherwise would be apportioned 
under this subsection'' are substituted for ``In any case in which 
apportionments in a fiscal year would be reduced by subparagraph (A)'' 
for clarity.
    In subsection (c)(3)(A), the words ``Except as provided in 
subparagraph (B) of this paragraph'' are added for clarity. The words 
``the total of all amounts apportioned under paragraphs (1) and (2) of 
this subsection may not be more than 49.5 percent of the amount subject 
to apportionment for a fiscal year'' are substituted for 49 
App.:2206(b)(2)(A), as in effect on July 4, 1994, for clarity and to 
eliminate unnecessary words.
    In subsection (c)(3)(B), the words ``the total of all amounts 
apportioned under paragraphs (1) and (2) of this subsection may not be 
more than 44 percent of the amount subject to apportionment for that 
fiscal year'' are substituted for 49 App.:2206(b)(3)(A), as in effect on 
July 4, 1994, for clarity and to eliminate unnecessary words.

                       References in Text

    Section 47117(e)(1)(C), referred to in subsec. (d)(3)(A), was 
repealed by Pub. L. 104-264, title I, Sec. 123(b)(2), Oct. 9, 1996, 110 
Stat. 3219.
    Section 15(a) of the Airport and Airway Development Act of 1970, 
referred to in subsecs. (d)(3)(A) and (e)(1), (3), is section 15(a) of 
Pub. L. 91-258, which was classified to section 1715(a) 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. (c)(1)(A)(iv). Pub. L. 104-264, Sec. 121(a)(1)(B), 
substituted ``of the next 500,000 passenger boardings'' for ``additional 
passenger boarding''.
    Subsec. (c)(1)(A)(v). Pub. L. 104-264, Sec. 121(a)(1)(A), (C), (D), 
added cl. (v).
    Subsec. (c)(2). Pub. L. 104-264, Sec. 121(a)(2)(A), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows:
    ``(2)(A) The Secretary shall apportion to the sponsors of airports 
served by aircraft providing air transportation of only cargo with a 
total annual landed weight of more than 100,000,000 pounds for each 
fiscal year an amount equal to 3.5 percent of the amount subject to 
apportionment each year, allocated among those airports in the 
proportion that the total annual landed weight of those aircraft landing 
at each of those airports bears to the total annual landed weight of 
those aircraft landing at all those airports. However, not more than 8 
percent of the amount apportioned under this paragraph may be 
apportioned for any one airport.
    ``(B) Landed weight under subparagraph (A) of this paragraph is the 
landed weight of aircraft landing at each of those airports and all 
those airports during the prior calendar year.''
    Subsec. (c)(3). Pub. L. 104-264, Sec. 121(a)(3), struck out par. (3) 
which read as follows:
    ``(3)(A) Except as provided in subparagraph (B) of this paragraph, 
the total of all amounts apportioned under paragraphs (1) and (2) of 
this subsection may not be more than 49.5 percent of the amount subject 
to apportionment for a fiscal year. If this subparagraph requires 
reduction of an amount that otherwise would be apportioned under this 
subsection, the Secretary shall reduce proportionately the amount 
apportioned to each sponsor of an airport under paragraphs (1) and (2) 
until the 49.5 percent limit is achieved.
    ``(B) If a law limits the amount subject to apportionment to less 
than $1,900,000,000 for a fiscal year, the total of all amounts 
apportioned under paragraphs (1) and (2) of this subsection may not be 
more than 44 percent of the amount subject to apportionment for that 
fiscal year. If this subparagraph requires reduction of an amount that 
otherwise would be apportioned under this subsection, the Secretary 
shall reduce proportionately the amount apportioned to each sponsor of 
an airport under paragraphs (1) and (2) until the 44 percent limit is 
achieved.''
    Subsec. (d)(2). Pub. L. 104-264, Sec. 121(b)(1), substituted 
``18.5'' for ``12'' in introductory provisions.
    Subsec. (d)(2)(A). Pub. L. 104-264, Sec. 121(b)(2), substituted 
``0.66'' for ``one''.
    Subsec. (d)(2)(B), (C). Pub. L. 104-264, Secs. 121(b)(3), (4), 
substituted ``49.67'' for ``49.5'' and ``excluding primary airports but 
including reliever and nonprimary commercial service airports,'' for 
``except primary airports and airports described in section 
47117(e)(1)(C) of this title,''.
    1994--Subsec. (c)(1)(B). Pub. L. 103-429, Sec. 6(66)(A), substituted 
``$500,000'' for ``$400,000''.
    Subsec. (c)(3). Pub. L. 103-429, Sec. 6(66)(B), designated existing 
provisions as subpar. (A), substituted ``Except as provided in 
subparagraph (B) of this paragraph, the'' for ``The'', ``49.5'' for 
``44'' in two places, and ``If this subparagraph'' for ``If this 
paragraph'', and added subpar. (B).


                    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 125 of title I of Pub. L. 104-264, which provided that the 
amendments made by subtitle B (Secs. 121-125) of title I of Pub. L. 104-
264, amending this section and sections 47115, 47117, and 47118 of this 
title, were to cease to be effective on Sept. 30, 1998, and that on and 
after such date, sections 47114, 47115, 47117, and 47118 of this title 
were to read as if such amendments had not been enacted, was repealed by 
Pub. L. 105-277, div. C, title I, Sec. 110(a), Oct. 21, 1998, 112 Stat. 
2681-587, effective Sept. 29, 1998.


                    Effective Date of 1994 Amendment

    Amendment by section 6(66)(B) of 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.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.

                  Section Referred to in Other Sections

    This section is referred to in sections 41742, 47104, 47105, 47106, 
47107, 47108, 47110, 47115, 47116, 47117, 47119, 47132, 47134 of this 
title.
