
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-71 Section 119(a)(3)]
[CITE: 49USC47115]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47115. Discretionary fund

    (a) Existence and Amounts in Fund.--The Secretary of Transportation 
has a discretionary fund. The fund consists of--
        (1) amounts subject to apportionment for a fiscal year that are 
    not apportioned under section 47114(c)-(e) of this title; and
        (2) 12.5 percent of amounts not apportioned under section 47114 
    of this title because of section 47114(f).

    (b) Availability of Amounts.--Subject to subsection (c) of this 
section and section 47117(e) of this title, the fund is available for 
making grants for any purpose for which amounts are made available under 
section 48103 of this title that the Secretary considers most 
appropriate to carry out this subchapter.
    (c) Minimum Percentage for Primary and Reliever Airports.--At least 
75 percent of the amount in the fund and distributed by the Secretary in 
a fiscal year shall be used for making grants--
        (1) to preserve and enhance capacity, safety, and security at 
    primary and reliever airports; and
        (2) to carry out airport noise compatibility planning and 
    programs at primary and reliever airports.

    (d) Considerations.--In selecting a project for a grant to preserve 
and enhance capacity as described in subsection (c)(1) of this section, 
the Secretary shall consider--
        (1) the effect the project will have on the overall national air 
    transportation system capacity;
        (2) the project benefit and cost, including, in the case of a 
    project at a reliever airport, the number of operations projected to 
    be diverted from a primary airport to the reliever airport as a 
    result of the project, as well as the cost savings projected to be 
    realized by users of the local airport system;
        (3) the financial commitment from non-United States Government 
    sources to preserve or enhance airport capacity;
        (4) the airport improvement priorities of the States, and 
    regional offices of the Administration, to the extent such 
    priorities are not in conflict with paragraphs (1) and (2);
        (5) the projected growth in the number of passengers that will 
    be using the airport at which the project will be carried out; and
        (6) any increase in the number of passenger boardings in the 
    preceding 12-month period at the airport at which the project will 
    be carried out, with priority consideration to be given to projects 
    at airports at which the number of passenger boardings increased by 
    at least 20 percent as compared to the number of passenger boardings 
    in the 12-month period preceding such period.

    (e) Waiving Percentage Requirement.--If the Secretary decides the 
Secretary cannot comply with the percentage requirement of subsection 
(c) of this section in a fiscal year because there are insufficient 
qualified grant applications to meet that percentage, the amount the 
Secretary determines will not be distributed as required by subsection 
(c) is available for obligation during the fiscal year without regard to 
the requirement.
    (f) Consideration of Diversion of Revenues in Awarding Discretionary 
Grants.--
        (1) General rule.--Subject to paragraph (2), in deciding whether 
    or not to distribute funds to an airport from the discretionary 
    funds established by subsection (a) of this section and section 
    47116 of this title, the Secretary shall consider as a factor 
    militating against the distribution of such funds to the airport the 
    fact that the airport is using revenues generated by the airport or 
    by local taxes on aviation fuel for purposes other than capital or 
    operating costs of the airport or the local airports system or other 
    local facilities which are owned or operated by the owner or 
    operator of the airport and directly and substantially related to 
    the actual air transportation of passengers or property.
        (2) Required finding.--Paragraph (1) shall apply only when the 
    Secretary finds that the amount of revenues used by the airport for 
    purposes other than capital or operating costs in the airport's 
    fiscal year preceding the date of the application for discretionary 
    funds exceeds the amount of such revenues in the airport's first 
    fiscal year ending after August 23, 1994, adjusted by the Secretary 
    for changes in the Consumer Price Index of All Urban Consumers 
    published by the Bureau of Labor Statistics of the Department of 
    Labor.

    (g) Minimum Amount To Be Credited.--
        (1) General rule.--In a fiscal year, there shall be credited to 
    the fund, out of amounts made available under section 48103 of this 
    title, an amount that is at least equal to the sum of--
            (A) $148,000,000; plus
            (B) the total amount required from the fund to carry out in 
        the fiscal year letters of intent issued before January 1, 1996, 
        under section 47110(e) of this title or the Airport and Airway 
        Improvement Act of 1982.

    The amount credited is exclusive of amounts that have been 
    apportioned in a prior fiscal year under section 47114 of this title 
    and that remain available for obligation.
        (2) Reduction of apportionments.--In a fiscal year in which the 
    amount credited under subsection (a) is less than the minimum amount 
    to be credited under paragraph (1), the total amount calculated 
    under paragraph (3) shall be reduced by an amount that, when 
    credited to the fund, together with the amount credited under 
    subsection (a), equals such minimum amount.
        (3) Amount of reduction.--For a fiscal year, the total amount 
    available to make a reduction to carry out paragraph (2) is the 
    total of the amounts determined under sections 47114(c)(1)(A), 
    47114(c)(2), 47114(d), and 47117(e) of this title. Each amount shall 
    be reduced by an equal percentage to achieve the reduction.

    (h) Priority for Letters of Intent.--In making grants in a fiscal 
year with funds made available under this section, the Secretary shall 
fulfill intentions to obligate under section 47110(e).

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1270; Pub. L. 103-
305, title I, Sec. 112(d), Aug. 23, 1994, 108 Stat. 1576; Pub. L. 103-
429, Sec. 6(67), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 104-264, title 
I, Secs. 122, 145, Oct. 9, 1996, 110 Stat. 3218, 3222; Pub. L. 104-287, 
Sec. 5(81), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 106-6, Secs. 5, 8(a), 
Mar. 31, 1999, 113 Stat. 10, 11.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47115(a)..............................  49 App.:2206(c)(1) (1st, 2d      Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                         sentences).                      507(c
), 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. 1496; Nov. 5, 1990, Pub. L.
                                                                          101-5
08, Sec.  9112(a), 104 Stat. 1388-
                                                                          362.
47115(b)..............................  49 App.:2206(c)(1) (3d, last
                                         sentences).
47115(c)..............................  49 App.:2206(c)(2).
47115(d)..............................  49 App.:2206(c)(3).
47115(e)..............................  49 App.:2206(c)(4).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the words ``The Secretary of 
Transportation has a discretionary fund'' are added for clarity. In 
clause (1), the words ``subject to apportionment for a fiscal year'' are 
substituted for ``which are made available for a fiscal year under 
section 2204 of this Appendix'' and ``which have not been previously 
apportioned by the Secretary'' for consistency with section 47114 of the 
revised title.
    In subsection (c), before clause (1), the words ``Subject to section 
2207(d) of this Appendix and paragraph (4) of this subsection'' and 
``pursuant to paragraph (1) and distributed by the Secretary under this 
subsection in a fiscal year beginning after September 30, 1987'' are 
omitted as surplus.
    In subsection (d), before clause (1), the words ``at airports'' are 
omitted as surplus. In clause (3), the words ``airport operator or 
other'' are omitted as surplus.
    In subsection (e), the words ``submitted in compliance with this 
chapter'' and ``portion of'' are omitted as surplus.

                                                 Pub. L. 103-429
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47115(f)..............................  49 App.:2206(c)(5).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          507(c
)(5), as added May 26, 1994, Pub.
                                                                          L. 10
3-260, Sec.  104(a), 108 Stat.
                                                                          698.
                                        49 App.:2206 (note).             May 26
, 1994, Pub. L. 103-260, Sec.
                                                                          104(b
), 108 Stat. 699.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (f), the text of section 104(b) of the Airport 
Improvement Program Temporary Extension Act of 1994 (Public Law 103-260, 
108 Stat. 699) is omitted as executed.


                     Pub. L. 104-287, Sec. 5(81)(A)

    This sets out the date of enactment of 49:47115(f), as enacted by 
section 112(d) of the Federal Aviation Administration Authorization Act 
of 1994 (Public Law 103-305, 108 Stat. 1576).


                     Pub. L. 104-287, Sec. 5(81)(B)

    This redesignates 49:47115(f), as enacted by section 6(67) of the 
Act of October 31, 1994 (Public Law 103-429, 108 Stat. 4386), as 
49:47115(g).

                       References in Text

    The Airport and Airway Improvement Act of 1982, referred to in 
subsec. (g)(1)(B), 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.


                               Amendments

    1999--Subsec. (a)(2). Pub. L. 106-6, Sec. 8(a)(1), substituted 
``12.5'' for ``25''.
    Subsec. (b). Pub. L. 106-6, Sec. 8(a)(2), struck out at end 
``However, 50 percent of amounts not apportioned under section 47114 of 
this title because of section 47114(f) and added to the fund is 
available for making grants for projects at small hub airports (as 
defined in section 41731 of this title).''
    Subsec. (g)(4). Pub. L. 106-6, Sec. 5, which directed the amendment 
of section 47115(g) by striking paragraph (4), without specifying the 
Code title to be amended, was executed by striking heading and text of 
par. (4) of subsec. (g) of this section, to reflect the probable intent 
of Congress. Text read as follows: ``For a fiscal year in which the 
amount credited to the fund under this subsection exceeds $300,000,000, 
the Secretary shall allocate the amount of such excess as follows:
        ``(A) \1/3\ shall be made available to airports for which 
    apportionments are made under section 47114(d) of this title.
        ``(B) \1/3\ shall be made available for airport noise 
    compatibility planning under section 47505(a)(2) of this title and 
    for carrying out noise compatibility programs under section 
    47504(c)(1) of this title.
        ``(C) \1/3\ shall be made available to current or former 
    military airports for which grants may be made under section 
    47117(e)(1)(B) of this title.''
    1996--Subsec. (d)(2). Pub. L. 104-264, Sec. 145(a)(1), substituted 
``, including, in the case of a project at a reliever airport, the 
number of operations projected to be diverted from a primary airport to 
the reliever airport as a result of the project, as well as the cost 
savings projected to be realized by users of the local airport system;'' 
for ``; and''.
    Subsec. (d)(4) to (6). Pub. L. 104-264, Sec. 145(a)(2), (3), added 
pars. (4) to (6).
    Subsec. (f). Pub. L. 104-287, Sec. 5(81)(B), which directed that 
subsec. (f), as enacted by Pub. L. 103-429, be redesignated (g), could 
not be executed because of amendment by Pub. L. 104-264, Sec. 122, which 
struck out that subsec. See below.
    Pub. L. 104-264, Sec. 122, struck out subsec. (f), relating to 
minimum amount to be credited, which read as follows:
    ``(f) Minimum Amount To Be Credited.--(1) In a fiscal year, at least 
$325,000,000 of the amount made available under section 48103 of this 
title shall be credited to the fund. The amount credited is exclusive of 
amounts that have been apportioned in a prior fiscal year under section 
47114 of this title and that remain available for obligation.
    ``(2) In a fiscal year in which the amount credited under subsection 
(a) of this section is less than $325,000,000, the total amount 
calculated under paragraph (3) of this subsection shall be reduced by an 
amount that, when credited to the fund, together with the amount 
credited under subsection (a), equals $325,000,000.
    ``(3) For a fiscal year, the total amount available to reduce to 
carry out paragraph (2) of this subsection is the total of the amounts 
determined under sections 47114(c)(1)(A) and (2) and (d) and 47117(e) of 
this title. Each amount shall be reduced by an equal percentage to 
achieve the reduction.''
    Subsec. (f)(2). Pub. L. 104-287, Sec. 5(81)(A), substituted ``August 
23, 1994'' for ``the date of the enactment of this subsection''.
    Subsec. (g). Pub. L. 104-264, Sec. 122, added subsec. (g).
    Subsec. (h). Pub. L. 104-264, Sec. 145(b), added subsec. (h).
    1994--Subsec. (f). Pub. L. 103-429 added subsec. (f) relating to 
minimum amount to be credited.
    Pub. L. 103-305 added subsec. (f) relating to consideration of 
diversion of revenues in awarding discretionary grants.


                    Effective Date of 1996 Amendments

    Amendment by section 5(81)(B) of Pub. L. 104-287 effective Sept. 30, 
1998, see section 8(2) of Pub. L. 104-287, as amended, set out as a note 
under section 47117 of this title.
    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 47107, 47109, 47110, 47114, 
47117, 47118, 47119 of this title.
