
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 49USC47134]

 
                        TITLE 49--TRANSPORTATION
 
                     SUBTITLE VII--AVIATION PROGRAMS
 
                  PART B--AIRPORT DEVELOPMENT AND NOISE
 
                    CHAPTER 471--AIRPORT DEVELOPMENT
 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT
 
Sec. 47134. Pilot program on private ownership of airports

    (a) Submission of Applications.--If a sponsor intends to sell or 
lease a general aviation airport or lease any other type of airport for 
a long term to a person (other than a public agency), the sponsor and 
purchaser or lessee may apply to the Secretary of Transportation for 
exemptions under this section.
    (b) Approval of Applications.--The Secretary may approve, with 
respect to not more than 5 airports, applications submitted under 
subsection (a) granting exemptions from the following provisions:
        (1) Use of revenues.--
            (A) In general.--The Secretary may grant an exemption to a 
        sponsor from the provisions of sections 47107(b) and 47133 of 
        this title (and any other law, regulation, or grant assurance) 
        to the extent necessary to permit the sponsor to recover from 
        the sale or lease of the airport such amount as may be 
        approved--
                (i) by at least 65 percent of the air carriers serving 
            the airport; and
                (ii) by air carriers whose aircraft landing at the 
            airport during the preceding calendar year had a total 
            landed weight during the preceding calendar year of at least 
            65 percent of the total landed weight of all aircraft 
            landing at the airport during such year.

            (B) Landed weight defined.--In this paragraph, the term 
        ``landed weight'' means the weight of aircraft transporting 
        passengers or cargo, or both, in intrastate, interstate, and 
        foreign air transportation, as the Secretary determines under 
        regulations the Secretary prescribes.

        (2) Repayment requirements.--The Secretary may grant an 
    exemption to a sponsor from the provisions of sections 47107 and 
    47152 of this title (and any other law, regulation, or grant 
    assurance) to the extent necessary to waive any obligation of the 
    sponsor to repay to the Federal Government any grants, or to return 
    to the Federal Government any property, received by the airport 
    under this title, the Airport and Airway Improvement Act of 1982, or 
    any other law.
        (3) Compensation from airport operations.--The Secretary may 
    grant an exemption to a purchaser or lessee from the provisions of 
    sections 47107(b) and 47133 of this title (and any other law, 
    regulation, or grant assurance) to the extent necessary to permit 
    the purchaser or lessee to earn compensation from the operations of 
    the airport.

    (c) Terms and Conditions.--The Secretary may approve an application 
under subsection (b) only if the Secretary finds that the sale or lease 
agreement includes provisions satisfactory to the Secretary to ensure 
the following:
        (1) The airport will continue to be available for public use on 
    reasonable terms and conditions and without unjust discrimination.
        (2) The operation of the airport will not be interrupted in the 
    event that the purchaser or lessee becomes insolvent or seeks or 
    becomes subject to any State or Federal bankruptcy, reorganization, 
    insolvency, liquidation, or dissolution proceeding or any petition 
    or similar law seeking the dissolution or reorganization of the 
    purchaser or lessee or the appointment of a receiver, trustee, 
    custodian, or liquidator for the purchaser or lessee or a 
    substantial part of the purchaser or lessee's property, assets, or 
    business.
        (3) The purchaser or lessee will maintain, improve, and 
    modernize the facilities of the airport through capital investments 
    and will submit to the Secretary a plan for carrying out such 
    maintenance, improvements, and modernization.
        (4) Every fee of the airport imposed on an air carrier on the 
    day before the date of the lease of the airport will not increase 
    faster than the rate of inflation unless a higher amount is 
    approved--
            (A) by at least 65 percent of the air carriers serving the 
        airport; and
            (B) by air carriers whose aircraft landing at the airport 
        during the preceding calendar year had a total landed weight 
        during the preceding calendar year of at least 65 percent of the 
        total landed weight of all aircraft landing at the airport 
        during such year.

        (5) The percentage increase in fees imposed on general aviation 
    aircraft at the airport will not exceed the percentage increase in 
    fees imposed on air carriers at the airport.
        (6) Safety and security at the airport will be maintained at the 
    highest possible levels.
        (7) The adverse effects of noise from operations at the airport 
    will be mitigated to the same extent as at a public airport.
        (8) Any adverse effects on the environment from airport 
    operations will be mitigated to the same extent as at a public 
    airport.
        (9) Any collective bargaining agreement that covers employees of 
    the airport and is in effect on the date of the sale or lease of the 
    airport will not be abrogated by the sale or lease.

    (d) Participation of Certain Airports.--
        (1) General aviation airports.--If the Secretary approves under 
    subsection (b) applications with respect to 5 airports, one of the 
    airports must be a general aviation airport.
        (2) Large hub airports.--The Secretary may not approve under 
    subsection (b) more than 1 application submitted by an airport that 
    had 1 percent or more of the total passenger boardings (as defined 
    in section 47102) in the United States in the preceding calendar 
    year.

    (e) Required Finding That Approval Will Not Result in Unfair Methods 
of Competition.--The Secretary may approve an application under 
subsection (b) only if the Secretary finds that the approval will not 
result in unfair and deceptive practices or unfair methods of 
competition.
    (f) Interests of General Aviation Users.--In approving an 
application of an airport under this section, the Secretary shall ensure 
that the interests of general aviation users of the airport are not 
adversely affected.
    (g) Passenger Facility Fees; Apportionments; Service Charges.--
Notwithstanding that the sponsor of an airport receiving an exemption 
under subsection (b) is not a public agency, the sponsor shall not be 
prohibited from--
        (1) imposing a passenger facility fee under section 40117 of 
    this title;
        (2) receiving apportionments under section 47114 of this title; 
    or
        (3) collecting reasonable rental charges, landing fees, and 
    other service charges from aircraft operators under section 
    40116(e)(2) of this title.

    (h) Effectiveness of Exemptions.--An exemption granted under 
subsection (b) shall continue in effect only so long as the facilities 
sold or leased continue to be used for airport purposes.
    (i) Revocation of Exemptions.--The Secretary may revoke an exemption 
issued to a purchaser or lessee of an airport under subsection (b)(3) 
if, after providing the purchaser or lessee with notice and an 
opportunity to be heard, the Secretary determines that the purchaser or 
lessee has knowingly violated any of the terms specified in subsection 
(c) for the sale or lease of the airport.
    (j) Nonapplication of Provisions to Airports Owned by Public 
Agencies.--The provisions of this section requiring the approval of air 
carriers in determinations concerning the use of revenues, and 
imposition of fees, at an airport shall not be extended so as to apply 
to any airport owned by a public agency that is not participating in the 
program established by this section.
    (k) Audits.--The Secretary may conduct periodic audits of the 
financial records and operations of an airport receiving an exemption 
under this section.
    (l) Report.--Not later than 2 years after the date of the initial 
approval of an application under this section, the Secretary shall 
transmit to the Committee on Transportation and Infrastructure of the 
House of Representatives and the Committee on Commerce, Science, and 
Transportation of the Senate a report on implementation of the program 
under this section.
    (m) General Aviation Airport Defined.--In this section, the term 
``general aviation airport'' means an airport that is not a commercial 
service airport.

(Added Pub. L. 104-264, title I, Sec. 149(a)(1), Oct. 9, 1996, 110 Stat. 
3224.)

                       References in Text

    The Airport and Airway Improvement Act of 1982, referred to in 
subsec. (b)(2), 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.


                             Effective Date

    Except as otherwise specifically provided, section 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 an Effective Date 
of 1996 Amendment note under section 106 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 40116, 47109, 47129 of this 
title.
