
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 106-181 Section 138]
[CITE: 49USC47128]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47128. State block grant program

    (a) General Requirements.--The Secretary of Transportation shall 
prescribe regulations to carry out a State block grant program. The 
regulations shall provide that the Secretary may designate not more than 
8 qualified States for fiscal year 1997 and 9 qualified States for each 
fiscal year thereafter to assume administrative responsibility for all 
airport grant amounts available under this subchapter, except for 
amounts designated for use at primary airports.
    (b) Applications and Selection.--A State wishing to participate in 
the program must submit an application to the Secretary. The Secretary 
shall select a State on the basis of its application only after--
        (1) deciding the State has an organization capable of 
    effectively administering a block grant made under this section;
        (2) deciding the State uses a satisfactory airport system 
    planning process;
        (3) deciding the State uses a programming process acceptable to 
    the Secretary;
        (4) finding that the State has agreed to comply with United 
    States Government standard requirements for administering the block 
    grant; and
        (5) finding that the State has agreed to provide the Secretary 
    with program information the Secretary requires.

    (c) Safety and Security Needs and Needs of System.--Before deciding 
whether a planning process is satisfactory or a programming process is 
acceptable under subsection (b)(2) or (b)(3) of this section, the 
Secretary shall ensure that the process provides for meeting critical 
safety and security needs and that the programming process ensures that 
the needs of the national airport system will be addressed in deciding 
which projects will receive money from the Government. In carrying out 
this subsection, the Secretary shall permit a State to use the priority 
system of the State if such system is not inconsistent with the national 
priority system.

(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1277; Pub. L. 103-
429, Sec. 6(70), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 104-264, title 
I, Sec. 147(a)-(c)(1), Oct. 9, 1996, 110 Stat. 3223; Pub. L. 104-287, 
Sec. 5(84), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105-102, 
Sec. 3(d)(1)(E), Nov. 20, 1997, 111 Stat. 2215.)

                                          Historical and Revision Notes
                                                 Pub. L. 103-272
-------------------------------------------------------------------------------
---------------------------------
           Revised  Section                    Source (U.S. Code)              
 Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
47128(a)..............................  49 App.:2227(a) (1st sentence),  Sept. 
3, 1982, Pub. L. 97-248, 96 Stat.
                                         (b) (1st sentence).              324, 
Sec.  534; added Dec. 30, 1987,
                                                                          Pub. 
L. 100-223, Sec.  116, 101 Stat.
                                                                          1507;
 Nov. 5, 1990, Pub. L. 101-508,
                                                                          Sec. 
 9114, 104 Stat. 1388-364; Oct.
                                                                          31, 1
992, Pub. L. 102-581, Sec.  116,
                                                                          106 S
tat. 4881.
47128(b)(1)...........................  49 App.:2227(c) (1st, 2d
                                         sentences).
47128(b)(2)...........................  49 App.:2227(b) (last
                                         sentence).
47128(c)..............................  49 App.:2227(c) (last
                                         sentence).
47128(d)..............................  49 App.:2227(a) (last
                                         sentence), (d).
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---------------------------------

    In subsection (a), the words ``Not later than 180 days after 
December 30, 1987'' and ``to become effective on October 1, 1989'' are 
omitted as obsolete.
    In subsection (b)(1)(A), the words ``agency or'' are omitted as 
surplus.
    In subsection (b)(1)(D), the words ``procedural and other'' are 
omitted as surplus.
    In subsection (d), the text of 49 App.:2227(d) is omitted as 
executed.


                             Pub. L. 103-429

    This amends 49:47128(c) to correct an error in the codification 
enacted by section 1 of the Act of July 5, 1994 (Public Law 103-272, 108 
Stat. 1278).


                             Pub. L. 104-287

    This makes a clarifying amendment to the catchline for 49:47128(d).


                               Amendments

    1997--Subsec. (d). Pub. L. 105-102 repealed Pub. L. 104-287, 
Sec. 5(84). See 1996 Amendment note below.
    1996--Pub. L. 104-264, Sec. 147(c)(1)(A), substituted ``grant 
program'' for ``grant pilot program'' in section catchline.
    Subsec. (a). Pub. L. 104-264, Sec. 147(a)(1), (c)(1)(B), substituted 
``block grant program'' for ``block grant pilot program'' and ``8 
qualified States for fiscal year 1997 and 9 qualified States for each 
fiscal year thereafter'' for ``7 qualified States''.
    Subsec. (b). Pub. L. 104-264, Sec. 147(a)(2), (3), struck out 
``(1)'' before ``A State wishing'', redesignated subpars. (A) to (E) as 
pars. (1) to (5), respectively, and struck out former par. (2) which 
read as follows: ``For the fiscal years ending September 30, 1993-1996, 
the States selected shall include Illinois, Missouri, and North 
Carolina.''
    Subsec. (c). Pub. L. 104-264, Sec. 147(b), substituted ``(b)(2) or 
(b)(3)'' for ``(b)(1)(B) or (C)'' and inserted at end ``In carrying out 
this subsection, the Secretary shall permit a State to use the priority 
system of the State if such system is not inconsistent with the national 
priority system.''
    Subsec. (d). Pub. L. 104-287, Sec. 5(84), which directed amendment 
of heading by striking ``and report'', was repealed by Pub. L. 105-102.
    Pub. L. 104-264, Sec. 147(c)(1)(C), struck out subsec. (d) which 
read as follows:
    ``(d) Ending Effective Date and Report.--This section is effective 
only through September 30, 1996.''
    1994--Subsec. (c). Pub. L. 103-429 substituted ``subsection 
(b)(1)(B) or (C)'' for ``subsection (b)(2) or (3)''.


                    Effective Date of 1997 Amendment

    Pub. L. 105-102, Sec. 3(d), Nov. 20, 1997, 111 Stat. 2215, provided 
that the amendment made by section 3(d)(1)(E) is effective Oct. 11, 
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 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.


                    Effective Date of 1994 Amendment

    Amendment by 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.

                  Section Referred to in Other Sections

    This section is referred to in section 47116 of this title.
