
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 130]
[CITE: 49USC47118]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47118. Designating current and former military airports

    (a) General Requirements.--The Secretary of Transportation shall 
designate current or former military airports for which grants may be 
made under section 47117(e)(1)(B) of this title. The maximum number of 
airports bearing such designation at any time is 12. The Secretary may 
only so designate an airport (other than an airport so designated before 
August 24, 1994) if--
        (1) the airport is a former military installation closed or 
    realigned under--
            (A) section 2687 of title 10;
            (B) section 201 of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (10 U.S.C. 2687 note); or
            (C) section 2905 of the Defense Base Closure and Realignment 
        Act of 1990 (10 U.S.C. 2687 note); or

        (2) the Secretary finds that such grants would--
            (A) reduce delays at an airport with more than 20,000 hours 
        of annual delays in commercial passenger aircraft takeoffs and 
        landings; or
            (B) enhance airport and air traffic control system capacity 
        in a metropolitan area or reduce current and projected flight 
        delays.

    (b) Survey.--Not later than September 30, 1991, the Secretary shall 
complete a survey of current and former military airports to identify 
which airports have the greatest potential to improve the capacity of 
the national air transportation system. The survey shall identify the 
capital development needs of those airports to make them part of the 
system and which of those qualify for grants under section 47104 of this 
title.
    (c) Considerations.--In carrying out this section, the Secretary 
shall consider only current or former military airports that, when at 
least partly converted to civilian commercial or reliever airports as 
part of the national air transportation system, will enhance airport and 
air traffic control system capacity in major metropolitan areas and 
reduce current and projected flight delays.
    (d) Grants.--Grants under section 47117(e)(1)(E) \1\ of this title 
may be made for an airport designated under subsection (a) of this 
section for the 5 fiscal years following the designation, and for 
subsequent 5-fiscal-year periods if the Secretary determines that the 
airport satisfies the designation criteria under subsection (a) at the 
beginning of each such subsequent 5-fiscal-year period.
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    \1\ See References in Text note below.
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    (e) Terminal Building Facilities.--Not more than $5,000,000 for each 
airport from amounts the Secretary distributes under section 47115 of 
this title for a fiscal year is available to the sponsor of a current or 
former military airport the Secretary designates under this section to 
construct, improve, or repair a terminal building facility, including 
terminal gates used for revenue passengers getting on or off aircraft. A 
gate constructed, improved, or repaired under this subsection--
        (1) may not be leased for more than 10 years; and
        (2) is not subject to majority in interest clauses.

    (f) Parking Lots, Fuel Farms, Utilities, and Hangars.--Not more than 
a total of $4,000,000 for each airport from amounts the Secretary 
distributes under section 47115 of this title for fiscal years beginning 
after September 30, 1992, is available to the sponsor of a current or 
former military airport the Secretary designates under this section to 
construct, improve, or repair airport surface parking lots, fuel farms, 
utilities, and hangars.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1273; Pub. L. 103-
305, title I, Sec. 116(b)-(d), Aug. 23, 1994, 108 Stat. 1579; Pub. L. 
104-264, title I, Sec. 124(a)-(c), Oct. 9, 1996, 110 Stat. 3219, 3220; 
Pub. L. 104-287, Sec. 5(83), Oct. 11, 1996, 110 Stat. 3397.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47118(a)..............................  49 App.:2207(f)(1).              Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  508(f)(1); added Nov. 5,
                                                                          1990,
 Pub. L. 101-508, Sec.  9109(c),
                                                                          104 S
tat. 1388-356; Oct. 31, 1992,
                                                                          Pub. 
L. 102-581, Sec.  107(b), 106
                                                                          Stat.
 4878.
47118(b)..............................  49 App.:2207(f)(2).              Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  508(f)(2)-(5); added Nov.
                                                                          5, 19
90, Pub. L. 101-508, Sec.
                                                                          9109(
c), 104 Stat. 1388-356.
47118(c)..............................  49 App.:2207(f)(3).
47118(d)..............................  49 App.:2207(f)(4).
47118(e)..............................  49 App.:2207(f)(5).
47118(f)..............................  49 App.:2207(f)(6).              Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                                                          324, 
Sec.  508(f)(6); added Oct. 31,
                                                                          1992,
 Pub. L. 102-581, Sec.
                                                                          107(c
)(1), 106 Stat. 4878.
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---------------------------------

    In subsection (d), the word ``Grants'' is substituted for ``to 
participate in the program'', and the word ``grants'' is substituted for 
``participation in the program'', for clarity and consistency and to 
eliminate unnecessary words.
    In subsection (e), before clause (1), the words ``at the 
discretion'' and ``with Federal funding'' are omitted as surplus.


                     Pub. L. 104-287, Sec. 5(83)(A)

    This sets out the date of enactment of 49:47118(a) (last sentence).


                     Pub. L. 104-287, Sec. 5(83)(B)

    This makes a clarifying amendment to 49:47118(e) because 49:47109(c) 
was struck by section 114(b) of the Federal Aviation Administration 
Authorization Act of 1994 (Public Law 103-305, 108 Stat. 1579).

                       References in Text

    Section 201 of the Defense Authorization Amendments and Base Closure 
and Realignment Act, referred to in subsec. (a)(1)(B), is section 201 of 
Pub. L. 100-526, which is set out in a note under section 2687 of Title 
10, Armed Forces.
    Section 2905 of the Defense Base Closure and Realignment Act of 
1990, referred to in subsec. (a)(1)(C), is section 2905 of Pub. L. 101-
510, which is set out in a note under section 2687 of Title 10.
    Section 47117(e)(1)(E), referred to in subsec. (d), was redesignated 
section 47117(e)(1)(B) by Pub. L. 104-264, title I, Sec. 123(b)(3), Oct. 
9, 1996, 110 Stat. 3219.


                               Amendments

    1996--Subsec. (a). Pub. L. 104-287, Sec. 5(83)(A), which directed 
amendment of subsec. (a) by substituting ``before August 24, 1994'' for 
``on or before the date of the enactment of this sentence'', could not 
be executed because the phrase to be amended did not appear subsequent 
to amendment by Pub. L. 104-264, Sec. 124(a). See below.
    Pub. L. 104-264, Sec. 124(a), amended subsec. (a) generally. Prior 
to amendment, subsec. (a) read as follows:
    ``(a) General Requirements.--The Secretary of Transportation shall 
designate not more than 15 current or former military airports for which 
grants may be made under section 47117(e)(1)(E) of this title. The 
Secretary may only designate an airport for such grants (other than an 
airport designated for such grants on or before the date of the 
enactment of this sentence) if the Secretary finds that grants under 
such section for projects at such airport would reduce delays at an 
airport with more than 20,000 hours of annual delays in commercial 
passenger aircraft takeoffs and landings.''
    Subsec. (d). Pub. L. 104-264, Sec. 124(b), substituted 
``designation, and for subsequent 5-fiscal-year periods if the Secretary 
determines that the airport satisfies the designation criteria under 
subsection (a) at the beginning of each such subsequent 5-fiscal-year 
period.'' for ``designation.''
    Subsec. (e). Pub. L. 104-287, Sec. 5(83)(B), substituted ``Not'' for 
``Notwithstanding section 47109(c) of this title, not''.
    Subsec. (f). Pub. L. 104-264, Sec. 124(c), amended subsec. (f) by 
substituting ``Utilities, and Hangars'' for ``and Utilities'' in heading 
and ``for fiscal years beginning after September 30, 1992,'' for ``for 
the fiscal years ending September 30, 1993-1996,'' and ``utilities, and 
hangars'' for ``and utilities'' in text.
    1994--Subsec. (a). Pub. L. 103-305, Sec. 116(b), substituted ``15'' 
for ``12'' and inserted at end ``The Secretary may only designate an 
airport for such grants (other than an airport designated for such 
grants on or before the date of the enactment of this sentence) if the 
Secretary finds that grants under such section for projects at such 
airport would reduce delays at an airport with more than 20,000 hours of 
annual delays in commercial passenger aircraft takeoffs and landings.''
    Subsec. (d). Pub. L. 103-305, Sec. 116(c), struck out at end ``If an 
airport does not have a level of passengers getting on aircraft during 
that 5-year period that qualifies the airport as a small hub airport (as 
defined on January 1, 1990) or reliever airport, the Secretary may 
redesignate the airport for grants for additional fiscal years that the 
Secretary decides.''
    Subsec. (f). Pub. L. 103-305, Sec. 116(d), substituted ``September 
30, 1993-1996'' for ``September 30, 1993-1995''.


                    Effective Date of 1996 Amendments

    Amendment by section 5(83)(A) 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 47110, 47117 of this title.
