
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 152(b)]
[CITE: 49USC47119]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47119. Terminal development costs

    (a) Repaying Borrowed Money.--An amount apportioned under section 
47114 of this title and made available to the sponsor of an air carrier 
airport at which terminal development was carried out after June 30, 
1970, and before July 12, 1976, or, in the case of a commercial service 
airport which annually had less than 0.05 percent of the total 
enplanements in the United States, between January 1, 1992, and October 
31, 1992, is available to repay immediately money borrowed and used to 
pay the costs for terminal development at the airport, if those costs 
would be allowable project costs under section 47110(d) of this title if 
they had been incurred after September 3, 1982. An amount is available 
for a grant under this subsection--
        (1) only if--
            (A) the sponsor submits the certification required under 
        section 47110(d) of this title;
            (B) the Secretary of Transportation decides that using the 
        amount to repay the borrowed money will not defer an airport 
        development project outside the terminal area at that airport; 
        and
            (C) amounts available for airport development under this 
        subchapter will not be used for additional terminal development 
        projects at the airport for at least 3 years beginning on the 
        date the grant is used to repay the borrowed money; and

        (2) subject to the limitations in subsection (b)(1) and (2) of 
    this section.

    (b) Availability of Amounts.--In a fiscal year, the Secretary may 
make available--
        (1) to a sponsor of a primary airport, any part of amounts 
    apportioned to the sponsor for the fiscal year under section 
    47114(c)(1) of this title to pay project costs allowable under 
    section 47110(d) of this title;
        (2) on approval of the Secretary, not more than $200,000 of the 
    amount that may be distributed for the fiscal year from the 
    discretionary fund established under section 47115 of this title--
            (A) to a sponsor of a nonprimary commercial service airport 
        to pay project costs allowable under section 47110(d) of this 
        title; and
            (B) to a sponsor of a reliever airport for the types of 
        project costs allowable under section 47110(d), including 
        project costs allowable for a commercial service airport that 
        each year does not have more than .05 percent of the total 
        boardings in the United States;

        (3) for use by a primary airport that each year does not have 
    more than .05 percent of the total boardings in the United States, 
    any part of amounts that may be distributed for the fiscal year from 
    the discretionary fund and small airport fund to pay project costs 
    allowable under section 47110(d) of this title; or
        (4) not more than $25,000,000 to pay project costs allowable for 
    the fiscal year under section 47110(d) of this title for projects at 
    commercial service airports that were not eligible for assistance 
    for terminal development during the fiscal year ending September 30, 
    1980, under section 20(b) of the Airport and Airway Development Act 
    of 1970.

    (c) Nonhub Airports.--With respect to a project at a commercial 
service airport which annually has less than 0.05 percent of the total 
enplanements in the United States, the Secretary may approve the use of 
the amounts described in subsection (a) notwithstanding the requirements 
of sections 47107(a)(17), 47112, and 47113.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1274; Pub. L. 103-
305, title I, Sec. 117, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103-429, 
Sec. 6(69), Oct. 31, 1994, 108 Stat. 4387.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47119(a)..............................  49 App.:2212(b)(4).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          513(b
)(4), 96 Stat. 690; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Sec.
                                                                          106(b
)(5)(B), 101 Stat. 1498.
47119(b)..............................  49 App.:2212(b)(2).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          513(b
)(2), 96 Stat. 690; Dec. 30,
                                                                          1987,
 Pub. L. 100-223, Secs.
                                                                          106(b
)(5)(A), 111(a)(1), 101 Stat.
                                                                          1498,
 1503.
                                        49 App.:2212(b)(3).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          513(b
)(3), 96 Stat. 690.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (a), before clause (1), the words ``(within the 
meaning of section 11(1) of the Airport and Airway Development Act of 
1970 [49 App. U.S.C. 1711(1)] as in effect immediately before September 
3, 1982)'' are omitted because of the definition of ``air carrier 
airport'' in section 47102 of the revised title. The words ``after June 
30, 1970'' are substituted for ``on or after July 1, 1970'' for 
consistency in the revised title and with other titles of the United 
States Code and to eliminate unnecessary words. The words ``to repay 
immediately money borrowed and used to pay the costs for terminal 
development at the airport, if those costs would be allowable project 
costs under section 47110(d) of this title'' are substituted for ``for 
the immediate retirement of the principal of bonds or other evidences of 
indebtedness the proceeds of which were used for that part of the 
terminal development at such airport the cost of which would be 
allowable under paragraph (1) of this subsection'' for clarity and to 
eliminate unnecessary words.
    In subsection (b), before clause (1), the words ``In a fiscal year'' 
are added for clarity. In clause (2), the words ``from the discretionary 
fund'' are substituted for ``sums to be distributed at the discretion of 
the Secretary under section 2206(c) of this Appendix'' for clarity and 
consistency in this chapter. In clause (3), the words ``for projects'' 
are added for clarity.

                                                 Pub. L. 103-429
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47119(b)..............................  49 App.:2212(b)(2).              Sept. 
3, 1982, Pub. L. 97-248, Sec.
                                                                          513(b
)(2), as amended May 26, 1994,
                                                                          Pub. 
L. 103-260, Sec.  107, 108 Stat.
                                                                          700.
-------------------------------------------------------------------------------
---------------------------------

    In subsection (b)(3), the words ``from the discretionary fund and 
small airport fund'' are substituted for ``sums to be distributed at the 
discretion of the Secretary under section 2206(c) and 2206(d) of this 
Appendix'' for clarity and consistency in this chapter.

                       References in Text

    Section 20(b) of the Airport and Airway Development Act of 1970, 
referred to in subsec. (b)(4), is section 20(b) of Pub. L. 91-258, which 
was classified to section 1720(b) 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

    1994--Subsec. (a). Pub. L. 103-305, Sec. 117(1), inserted ``or, in 
the case of a commercial service airport which annually had less than 
0.05 percent of the total enplanements in the United States, between 
January 1, 1992, and October 31, 1992,'' after ``July 12, 1976,''.
    Subsec. (b)(2). Pub. L. 103-429, Sec. 6(69)(B), added par. (2) and 
struck out former par. (2) which read as follows: ``to a sponsor of a 
nonprimary commercial service airport, not more than $200,000 of the 
amount that may be distributed for the fiscal year from the 
discretionary fund to pay project costs allowable under section 47110(d) 
of this title; or''.
    Subsec. (b)(3). Pub. L. 103-429, Sec. 6(69)(B), added par. (3). 
Former par. (3) redesignated (4).
    Subsec. (b)(4). Pub. L. 103-429, Sec. 6(69)(A), redesignated par. 
(3) as (4).
    Subsec. (c). Pub. L. 103-305, Sec. 117(2), added subsec. (c).
