
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(e)-(g)]
[Document affected by Public Law 106-181 Section 129]
[Document affected by Public Law 106-181 Section 231(f)]
[CITE: 49USC47117]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47117. Use of apportioned amounts

    (a) Grant Purpose.--Except as provided in this section, an amount 
apportioned under section 47114(c)(1) or (d)(2) of this title is 
available for making grants for any purpose for which amounts are made 
available under section 48103 of this title.
    (b) Period of Availability.--An amount apportioned under section 
47114 of this title is available to be obligated for grants under the 
apportionment only during the fiscal year for which the amount was 
apportioned and the 2 fiscal years immediately after that year or the 3 
fiscal years immediately following that year in the case of a primary 
airport that had less than .05 percent of the total boardings in the 
United States in the preceding calendar year. If the amount is not 
obligated under the apportionment within that time, it shall be added to 
the discretionary fund.
    (c) Primary Airports.--(1) An amount apportioned to a sponsor of a 
primary airport under section 47114(c)(1) of this title is available for 
grants for any public-use airport of the sponsor included in the 
national plan of integrated airport systems.
    (2) A sponsor of a primary airport may make an agreement with the 
Secretary of Transportation waiving any part of the amount apportioned 
for the airport under section 47114(c)(1) of this title if the Secretary 
makes the waived amount available for a grant for another public-use 
airport in the same State or geographical area as the primary airport.
    (d) State Use.--An amount apportioned to a State under--
        (1) section 47114(d)(2)(A) of this title is available for grants 
    for airports located in the State; and
        (2) section 47114(d)(2)(B) or (C) of this title is available for 
    grants for airports described in section 47114(d)(2)(B) or (C) and 
    located in the State.

    (e) Special Apportionment Categories.--(1) The Secretary shall use 
amounts available to the discretionary fund under section 47115 of this 
title for each fiscal year as follows:
        (A) At least 31 percent for grants for airport noise 
    compatibility planning under section 47505(a)(2) of this title and 
    for carrying out noise compatibility programs under section 47504(c) 
    of this title. The Secretary may count the amount of grants made for 
    such planning and programs with funds apportioned under section 
    47114 in that fiscal year in determining whether or not such 31 
    percent requirement is being met in that fiscal year.
        (B) at \1\ least 4 percent to sponsors of current or former 
    military airports designated by the Secretary under section 47118(a) 
    of this title for grants for developing current and former military 
    airports to improve the capacity of the national air transportation 
    system and to sponsors of noncommercial service airports for grants 
    for operational and maintenance expenses at any such airport if the 
    amount of such grants to the sponsor of the airport does not exceed 
    $30,000 in that fiscal year, if the Secretary determines that the 
    airport is adversely affected by the closure or realignment of a 
    military base, and if the sponsor of the airport certifies that the 
    airport would otherwise close if the airport does not receive the 
    grant.
---------------------------------------------------------------------------
    \1\ So in original. Probably should be capitalized.

    (2) If the Secretary decides that an amount required to be used for 
grants under paragraph (1) of this subsection cannot be used for a 
fiscal year because there are insufficient qualified grant applications, 
the amount the Secretary determines cannot be used is available during 
the fiscal year for grants for other airports or for other purposes for 
which amounts are authorized for grants under section 48103 of this 
title.
    (f) Limitation for Commercial Service Airport in Alaska.--The 
Secretary may not make a grant for a commercial service airport in 
Alaska of more than 110 percent of the amount apportioned for the 
airport for a fiscal year under section 47114(e) of this title.
    (g) Discretionary Use of Apportionments.--(1) Subject to paragraph 
(2) of this subsection, if the Secretary finds, based on the notices the 
Secretary receives under section 47105(f) of this title or otherwise, 
that an amount apportioned under section 47114 of this title will not be 
used for grants during a fiscal year, the Secretary may use an equal 
amount for grants during that fiscal year for any of the purposes for 
which amounts are authorized for grants under section 48103 of this 
title.
    (2) The Secretary may make a grant under paragraph (1) of this 
subsection only if the Secretary decides that--
        (A) the total amount used for grants for the fiscal year under 
    section 48103 of this title will not be more than the amount made 
    available under section 48103 for that fiscal year; and
        (B) the amounts authorized for grants under section 48103 of 
    this title for later fiscal years are sufficient for grants of the 
    apportioned amounts that were not used for grants under the 
    apportionment during the fiscal year and that remain available under 
    subsection (b) of this section.

    (h) Limiting Authority of Secretary.--The authority of the Secretary 
to make grants during a fiscal year from amounts that were apportioned 
for a prior fiscal year and remain available for approved airport 
development project grants under subsection (b) of this section may be 
impaired only by a law enacted after September 3, 1982, that expressly 
limits that authority.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1271; Pub. L. 103-
305, title I, Sec. 116(a), Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103-
429, Sec. 6(68), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 104-264, title 
I, Secs. 123, 124(d), Oct. 9, 1996, 110 Stat. 3219, 3220; Pub. L. 104-
287, Sec. 5(82), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105-102, 
Sec. 3(c)(1), (2), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106-6, Sec. 7, 
Mar. 31, 1999, 113 Stat. 10; Pub. L. 106-31, title VI, Sec. 6002(d), May 
21, 1999, 113 Stat. 113.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47117(a)..............................  49 App.:2207(b)(1) (related to   Sept. 
3, 1982, Pub. L. 97-248, Secs.
                                         purposes for which funds may     506(e
)(4), 508(b), 96 Stat. 679, 681.
                                         be used).
                                        49 App.:2207(c) (1st sentence    Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                         related to purposes for which    508(c
), 96 Stat. 682; Dec. 30, 1987,
                                         funds are available).            Pub. 
L. 100-223, Sec.  106(b)(2)(C),
                                                                          101 S
tat. 1498.
47117(b)..............................  49 App.:2207(a).                 Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          508(a
), 96 Stat. 681; Dec. 30, 1987,
                                                                          Pub. 
L. 100-223, Sec.  106(b)(2)(A),
                                                                          (B), 
101 Stat. 1497.
47117(c)(1)...........................  49 App.:2207(b)(1) (related to
                                         airports at which funds may be
                                         used).
47117(c)(2)...........................  49 App.:2207(b)(2).
47117(d)..............................  49 App.:2207(c) (1st sentence
                                         related to airports at which
                                         funds are available, last
                                         sentence).
47117(e)..............................  49 App.:2202(a)(11).             Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          503(a
)(11), 96 Stat. 673; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          103(c
)(1), 101 Stat. 1488.
                                        49 App.:2207(d).                 Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          508(d
), 96 Stat. 682; Dec. 30, 1987,
                                                                          Pub. 
L. 100-223, Secs.  106(b)(2)(D),
                                                                          107, 
101 Stat. 1498; Nov. 5, 1990,
                                                                          Pub. 
L. 101-508, Sec.  9109(b), 104
                                                                          Stat.
 1388-356; Oct. 31, 1992, Pub. L.
                                                                          102-5
81, Secs.  107(a), 108, 106 Stat.
                                                                          4878,
 4879.
47117(f)..............................  49 App.:2206(b)(5)(D).           Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          507(b
)(5)(D), 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. 1496.
47117(g)..............................  49 App.:2207(e)(1).              Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  508(e)(1); added Oct. 2,
                                                                          1982,
 Pub. L. 97-276, Sec.  167, 96
                                                                          Stat.
 1204; Dec. 30, 1987, Pub. L. 100-
                                                                          223, 
Sec.  106(b)(2)(E), 101 Stat.
                                                                          1498.
                                        49 App.:2207(e)(2).              Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  508(e)(2); added Oct. 2,
                                                                          1982,
 Pub. L. 97-276, Sec.  167, 96
                                                                          Stat.
 1205.
47117(h)..............................  49 App.:2205(e)(4).
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b), the words ``for grants'' are added, and the word 
``apportioned'' is substituted for ``first authorized to be obligated'', 
for clarity. The words ``established by section 2206(c) of this 
Appendix'' are omitted as surplus.
    In subsection (c)(2), the word ``if'' is substituted for ``on the 
condition that'' to eliminate unnecessary words. The word ``in'' is 
substituted for ``which is a part of'' for clarity.
    Subsection (d) is substituted for 49 App.:2207(c) (1st sentence 
related to airports at which funds are available) for clarity. The text 
of 49 App.:2207(c) (last sentence) is omitted as surplus because of 
section 47105(a) of the revised title.
    In subsection (e)(1), the words ``The Secretary shall use . . . (A) 
. . . for grants . . . (B) . . . for grants . . . (C) . . . for grants . 
. . (D) . . . for . . . grants . . . (E) . . . for grants'' are 
substituted for ``shall be distributed'' and ``shall be obligated'' for 
clarity and consistency in the revised title. Clause (C)(ii) is 
substituted for 49 App.:2207(d)(3)(B) and (C) to eliminate unnecessary 
words. In clause (E), the references to fiscal years 1991 and 1992 are 
omitted as obsolete.
    In subsection (e)(2), the words ``for each fiscal year'' are omitted 
as surplus.
    In subsection (e)(3), the words ``an amount required to be used for 
grants under paragraph (1) of this subsection cannot be used'' are 
substituted for ``he will not be able to distribute the amount of funds 
required to be distributed under paragraph (1), (2), (3), or (4) of this 
subsection'' for consistency. The words ``submitted in compliance with 
this chapter'' are omitted as surplus. The words ``cannot be used'' are 
substituted for ``will not be distributed'' for consistency. The words 
``for which amounts are'' are added for clarity and consistency in this 
chapter.
    Subsection (f) is substituted for 49 App.:2206(b)(5)(D) for clarity 
and consistency in the revised title.
    In subsection (g)(1), the words ``and (3)'' are omitted because 49 
App.:2207(e)(3) has expired. The words ``at his discretion'' are omitted 
as surplus.
    In subsection (g)(2)(A), the words ``made available'' are 
substituted for ``authorized'' for clarity.
    In subsection (h), the words ``to make grants'' are substituted for 
``to obligate to an airport by grant agreement'' for consistency in the 
revised title and to eliminate unnecessary words. The words ``the 
unobligated balance of'' are omitted as surplus. The words ``limits that 
authority'' are substituted for ``limits the application of this 
paragraph'' for clarity. The words ``in addition to the amounts 
authorized for that fiscal year by section 2204 of this Appendix'' are 
omitted as surplus.

                                                 Pub. L. 103-429
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---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47117(e)..............................  49 App.:2207(d).                 Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          508(d
), as amended May 26, 1994, Pub.
                                                                          L. 10
3-260, Sec.  105, 108 Stat. 699.
-------------------------------------------------------------------------------
---------------------------------

                     Pub. L. 104-287, Sec. 5(82)(A)

    This amends 49:47117(e)(1)(B) because of the redesignation of 
49:47504(c)(1)(C) and (D) as 49:47504(c)(2)(C) and (D) by section 
6(71)(C) of the Act of October 31, 1994 (Public Law 103-429, 108 Stat. 
4387).


                     Pub. L. 104-287, Sec. 5(82)(B)

    This amends 49:47117(g)(1) because of the redesignation of 
49:47105(e) as 49:47105(f) by section 107(a)(1) of the Federal Aviation 
Administration Authorization Act of 1994 (Public Law 103-305, 108 Stat. 
1572).


                               Amendments

    1999--Subsec. (e)(1)(B). Pub. L. 106-31 struck out ``for each of 
fiscal years 1997 and 1998'' after ``4 percent''.
    Pub. L. 106-6 made amendment identical to that made by Pub. L. 105-
102, Sec. 3(c)(2). See 1997 Amendment note below.
    1997--Subsec. (e)(1)(A). Pub. L. 105-102, Sec. 3(c)(1)(B), added 
Pub. L. 104-264, Sec. 123(d). See 1996 Amendment note below.
    Subsec. (e)(1)(B). Pub. L. 105-102, Sec. 3(c)(2), repealed Pub. L. 
104-264, Sec. 124(d). See 1996 Amendment note below.
    Pub. L. 105-102, Sec. 3(c)(1)(A), amended Pub. L. 104-264, 
Sec. 123(b)(6). See 1996 Amendment note below.
    1996--Subsec. (b). Pub. L. 104-264, Sec. 123(a), inserted ``or the 3 
fiscal years immediately following that year in the case of a primary 
airport that had less than .05 percent of the total boardings in the 
United States in the preceding calendar year'' before period at end of 
first sentence.
    Subsec. (e)(1). Pub. L. 104-264, Sec. 123(b)(1), substituted 
``available to the discretionary fund under section 47115'' for ``made 
available under section 48103'' in introductory provisions.
    Subsec. (e)(1)(A). Pub. L. 104-264, Sec. 123(d), as added by Pub. L. 
105-102, Sec. 3(c)(1)(B), substituted ``47504(c)'' for ``47504(c)(1)''.
    Pub. L. 104-264, Sec. 123(b)(4), (5), substituted ``At least 31'' 
for ``at least 12.5'' and inserted at end ``The Secretary may count the 
amount of grants made for such planning and programs with funds 
apportioned under section 47114 in that fiscal year in determining 
whether or not such 31 percent requirement is being met in that fiscal 
year.''
    Pub. L. 104-264, Sec. 123(b)(2), (3), redesignated subpar. (B) as 
(A) and struck out former subpar. (A) which read as follows: ``at least 
5 percent for grants for reliever airports.''
    Subsec. (e)(1)(B). Pub. L. 104-287, Sec. 5(82)(A), which directed 
the amendment of subpar. (B) by substituting ``47504(c)'' for 
``47504(c)(1)'', could not be executed because ``47504(c)(1)'' did not 
appear in text of subpar. (B) subsequent to amendment by Pub. L. 104-
264. See below.
    Pub. L. 104-264, Sec. 124(d), which directed the amendment of 
subpar. (B) by substituting ``1996, 1997, and 1998'' for ``and 1996,'', 
was repealed by Pub. L. 105-102, Sec. 3(c)(2).
    Pub. L. 104-264, Sec. 123(b)(6), as amended by Pub. L. 105-102, 
Sec. 3(c)(1)(A), substituted ``at least 4 percent for each of fiscal 
years 1997 and 1998'' for ``at least 2.25 percent for the fiscal year 
ending September 30, 1993, and at least 2.5 percent for each of the 
fiscal years ending September 30, 1994, 1995, and 1996,''.
    Pub. L. 104-264, Sec. 123(b)(3), (7), redesignated subpar. (E) as 
(B) and inserted before period at end ``and to sponsors of noncommercial 
service airports for grants for operational and maintenance expenses at 
any such airport if the amount of such grants to the sponsor of the 
airport does not exceed $30,000 in that fiscal year, if the Secretary 
determines that the airport is adversely affected by the closure or 
realignment of a military base, and if the sponsor of the airport 
certifies that the airport would otherwise close if the airport does not 
receive the grant''. Former subpar. (B) redesignated (A).
    Subsec. (e)(1)(C), (D). Pub. L. 104-264, Sec. 123(b)(2), struck out 
subpars. (C) and (D) which read as follows:
    ``(C) at least 1.5 percent for grants for--
        ``(i) nonprimary commercial service airports; and
        ``(ii) public airports (except commercial service airports) that 
    were eligible for United States Government assistance from amounts 
    apportioned under section 15(a)(3) of the Airport and Airway 
    Development Act of 1970, and to which section 15(a)(3)(A)(I) or (II) 
    of the Act applied during the fiscal year that ended September 30, 
    1981.
    ``(D) at least .75 percent for integrated airport system planning 
grants to planning agencies designated by the Secretary and authorized 
by the laws of a State or political subdivision of a State to do 
planning for an area of the State or subdivision in which a grant under 
this chapter is to be used.''
    Subsec. (e)(1)(E). Pub. L. 104-264, Sec. 123(b)(3), redesignated 
subpar. (E) as (B).
    Subsec. (e)(2), (3). Pub. L. 104-264, Sec. 123(c), redesignated par. 
(3) as (2) and struck out former par. (2) which read as follows: ``A 
grant from the amount apportioned under section 47114(e) of this title 
may not be included as part of the 1.5 percent required to be used for 
grants under paragraph (1)(C) of this subsection.''
    Subsec. (g)(1). Pub. L. 104-287, Sec. 5(82)(B), substituted 
``47105(f)'' for ``47105(e)''.
    1994--Subsec. (e)(1)(A). Pub. L. 103-429, Sec. 6(68)(A), substituted 
``5 percent'' for ``10 percent''.
    Subsec. (e)(1)(C). Pub. L. 103-429, Sec. 6(68)(B), substituted ``1.5 
percent'' for ``2.5 percent'' in introductory provisions.
    Subsec. (e)(1)(D). Pub. L. 103-429, Sec. 6(68)(C), substituted ``.75 
percent'' for ``.5 percent''.
    Subsec. (e)(1)(E). Pub. L. 103-305 substituted ``, 1995, and 1996'' 
for ``, and 1995''.
    Subsec. (e)(2). Pub. L. 103-429, Sec. 6(68)(D), substituted ``1.5 
percent'' for ``2.5 percent''.


                    Effective Date of 1997 Amendment

    Pub. L. 105-102, Sec. 3(c), Nov. 20, 1997, 111 Stat. 2215, provided 
that the amendment made by section 3(c)(1)(B) is effective Oct. 9, 1996.
    Amendment by Pub. L. 105-102 effective as if included in the 
provisions of the Act to which the amendment relates, see section 3(f) 
of Pub. L. 105-102, set out as a note under section 106 of this title.


                    Effective Date of 1996 Amendments

    Section 8(2) of Pub. L. 104-287, as amended by Pub. L. 105-102, 
Sec. 3(d)(2)(B), Nov. 20, 1997, 111 Stat. 2215, provided that: ``The 
amendments made by section 5(81)(B), (82)(A), and (83)(A) [amending this 
section and sections 47115 and 47118 of this title] shall take effect on 
September 30, 1998.''
    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 47104, 47114, 47115, 47118 
of this title.
