1 See References in Text note below.
49 U.S.C. § 47110
HISTORICAL AND REVISION NOTES PUB. L. 103-272 | ||
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
47110(a) | 49 App.:2212(a) (1st, last sentences). | Sept. 3, 1982, Pub. L. 97-248, §513(a), 96 Stat. 689; Aug. 4, 1989, Pub. L. 101-71, §3, 103 Stat. 181. |
47110(b) | 49 App.:2212(a) (2d sentence cls. (1), (2) (words before period), (3), (4)). | |
47110(c) | 49 App.:2212(a) (2d sentence cl. (2) (words after period)). | |
47110(d) | 49 App.:2212(b)(1), (6). | Sept. 3, 1982, Pub. L. 97-248, §513(b)(1), (6), 96 Stat. 691; Oct. 31, 1992, Pub. L. 102-581, §110(a), 106 Stat. 4879. |
47110(e) | 49 App.:2212(d). | Sept. 3, 1982, Pub. L. 97-248, 96 Stat. 324, §513(d); added Dec. 30, 1987, Pub. L. 100-223, §111(c), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102-581, §111, 106 Stat. 4880. |
47110(f) | 49 App.:2212(c). | Sept. 3, 1982, Pub. L. 97-248, §513(c), 96 Stat. 691; Dec. 30, 1987, Pub. L. 100-223, §111(b), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102-581, §107(c)(2), 106 Stat. 4879. |
PUB. L. 103-429The source credits for all of subsection (b) are included for clarity though only subsection (b)(2) is affected by the amendment. The source credits for 49:47110(c) are included to correct a mistake on p. 405 of H. R. Rept. 103-180 (103d Cong., 1st Sess., July 15, 1993).
Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
47110(b) | 49 App.:2212(a) (2d sentence cls. (1), (2)(A) (words before period), (B), (3), (4)). | Sept. 3, 1982, Pub. L. 97-248, §513(a) (2d sentence), as amended May 26, 1994, Pub. L. 103-260, §106, 108 Stat. 699. |
47110(c) | 49 App.:2212(a) (2d sentence cl. (2)(A) (words after period). |
EDITORIAL NOTES
REFERENCES IN TEXTSection 47114(d)(3)(A), referred to in subsecs. (b)(2)(C) and (g), was redesignated section 47114(d)(2)(A) by Pub. L. 118-63, title VII, §712(b)(6), May 16, 2024, 138 Stat. 1256.
AMENDMENTS2024-Subsec. (c). Pub. L. 118-63, §709(1)(A), struck out "after May 13, 1946, and" after "this section incurred" in introductory provisions.Subsec. (c)(1). Pub. L. 118-63, §709(1)(B), inserted "or preparing for" after "formulating" and "utility relocation, work site preparation," before "and administration".Subsec. (d)(1). Pub. L. 118-63, §709(2), substituted "section 47114 or distributed from the small airport fund under section 47116" for "section 47114(c)(1) or 47114(d)".Subsec. (e)(2)(C). Pub. L. 118-63, §709(3), substituted "medium hub airport or large hub airport" for "commercial service airport having at least 0.25 percent of the boardings each year at all such airports".Subsec. (e)(7). Pub. L. 118-63, §710(b)(1), substituted "under this subsection" for "under this section" in introductory provisions.Subsec. (h). Pub. L. 118-63, §709(4), substituted "section 47114(c)(1)(D) or section 47114(d)(2)(A)" for "section 47114(d)(3)(A)".Subsec. (i). Pub. L. 118-63, §709(5), 710, added subsec. (i) and struck out former subsec. (i) which related to bird-detecting radar systems.2022-Subsec. (b)(1). Pub. L. 117-186, §2(a), designated existing provisions as subpar. (A) and added subpar. (B).Subsec. (e)(7). Pub. L. 117-186, §2(b), substituted "PARTNERSHIP PROGRAM AIRPORTS" for "PARTNERSHIP PROGRAM AIRPORTS" in heading.2018-Subsec. (b)(2)(B). Pub. L. 115-254, §539(n)(1), substituted "compatibility" for "compatability".Subsec. (b)(2)(D)(i). Pub. L. 115-254, §539(n)(2), substituted "climatic" for "climactic".Subsec. (e)(7). Pub. L. 115-254, §184(b), added par. (7). 2012-Subsec. (b)(2)(D). Pub. L. 112-95, §138(a), amended subpar. (D) generally. Prior to amendment, subpar. (D) read as follows: "if the cost is incurred after September 11, 2001, for a project described in section 47102(3)(J), 47102(3)(K), or 47102(3)(L) and shall not depend upon the date of execution of a grant agreement made under this subchapter;". Subsec. (b)(7). Pub. L. 112-95, §138(b), added par. (7). Subsec. (d). Pub. L. 112-95, §138(c), amended subsec. (d) generally. Prior to amendment, subsec. (d) related to terminal development costs.Subsec. (e)(5). Pub. L. 112-95, §111(c)(2)(A)(ii), substituted "charge" for "fee".Subsec. (h). Pub. L. 112-95, §138(d), inserted "construction" before "costs of revenue producing" and struck out ", including fuel farms and hangars," before "are allowable". Subsec. (i). Pub. L. 112-95, §138(e), added subsec. (i). 2005-Subsec. (d)(2)(A). Pub. L. 109-115 which directed amendment of section 47110(d)(2)(A), without specifying the title to be amended, by substituting "(A) except as provided in section 47108(e)(3), the" for "(A) the", was executed to this section, to reflect the probable intent of Congress.2003-Subsec. (b)(1). Pub. L. 108-176, §145, inserted "and any cost of moving a Federal facility impeding the project if the rebuilt facility is of an equivalent size and type" before semicolon at end.Subsec. (b)(2)(C). Pub. L. 108-176, §149(b)(1), substituted "or section 47114(d)(3)(A)" for "of this title" in introductory provisions.Subsec. (b)(6). Pub. L. 108-176, §159(c), added par. (6).Subsec. (g). Pub. L. 108-176, §149(b)(2), inserted "or section 47114(d)(3)(A)" after "of section 47114(c)" and substituted "of the project" for "of project".Subsec. (h). Pub. L. 108-176, §149(b)(3), added subsec. (h).2001-Subsec. (b)(2)(D). Pub. L. 107-71 added subpar. (D). 2000-Subsec. (e)(2)(C). Pub. L. 106-181, §127(1), added subpar. (C) and struck out former subpar. (C) which read as follows: "the Secretary decides will enhance system-wide airport capacity significantly and meets the criteria of section 47115(d) of this title." Subsec. (e)(5). Pub. L. 106-181, §127(2), added par. (5) and struck out former par. (5) which read as follows: "A letter of intent issued under paragraph (1) of this subsection may not condition the obligation of amounts on the imposition of a passenger facility fee." 1996-Subsec. (b)(2)(C). Pub. L. 104-264, §144(a), amended subpar. (C) generally. Prior to amendment, subpar. (C) read as follows: "if the Government's share is paid only with amounts apportioned under section 47114(c)(1)(A) and (2) of this title and if the cost is incurred- "(i) during the fiscal year ending September 30, 1994; "(ii) before a grant agreement is executed for the project but according to an airport layout plan the Secretary approves before the cost is incurred and all applicable statutory and administrative requirements that would apply to the project if the agreement had been executed; and "(iii) for work related to a project for which a grant agreement previously was executed during the fiscal year ending September 30, 1994;".Subsec. (g). Pub. L. 104-264, §144(b), added subsec. (g).1994-Subsec. (b)(2). Pub. L. 103-429 amended par. (2) generally. Prior to amendment, par. (2) read as follows: "if the cost is incurred-"(A) after the grant agreement is executed and is for airport development or airport planning carried out after the grant agreement is executed; or"(B) after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as part of a Government-approved noise compatibility program (including project formulation costs) and is consistent with all applicable statutory and administrative requirements;".Subsec. (e)(6). Pub. L. 103-305 added par. (6).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2003 AMENDMENT Amendment by Pub. L. 108-176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108-176 set out as a note under section 106 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181 set out as a note under section 106 of this title.
EFFECTIVE DATE OF 1996 AMENDMENTExcept 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.
LETTERS OF INTENT FOR AIRPORT SECURITY IMPROVEMENT PROJECTS Pub. L. 108-7, div. I, title III, §367, Feb. 20, 2003, 117 Stat. 423, provided that: "(a) The Under Secretary of Transportation for Security [now Administrator of the Transportation Security Administration] may issue a letter of intent to an airport committing to obligate from future budget authority an amount, not more than the Federal Government's share of the project's cost, for an airport security improvement project (including interest costs and costs of formulating the project) at the airport. The letter shall establish a schedule under which the Under Secretary will reimburse the airport for the Government's share of the project's costs, as amounts become available, if the airport, after the Under Secretary issues the letter, carries out the project without receiving amounts under Chapter 471 of title 49 [United States Code]. "(b) The airport shall notify the Under Secretary of the airport's intent to carry out the airport security improvement project before the project begins."(c) A letter of intent may be issued under this section only if-"(1) The airport security improvement project to which the letter applies involves the replacement of baggage conveyer systems or the reconfiguration of terminal baggage areas in order to install explosive detection systems; and"(2) The Under Secretary determines that the project will improve security or will improve the efficiency of the airport without lessening security."(d) A letter of intent issued under this section is not an obligation of the Government under section 1501 of title 31 [United States Code], and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriations laws."(e) The Government's share of the project's cost shall be 75 percent for a project at an airport having at least 0.25 percent of the total number of passenger boardings each year at all airports and 90 percent for a project at any other airport."(f) Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this section in the same fiscal year as the letter of intent is issued. "(g) The Under Secretary shall notify the House and Senate Committees on Appropriations, the House Transportation and Infrastructure Committee, and the Senate Commerce, Science, and Transportation Committee at least 3 days prior to the issuance of a letter of intent under this section. "(h) There is authorized to be appropriated to carry out this section $500,000,000 in each of fiscal years 2003, 2004, 2005, 2006, and 2007."
LETTERS OF INTENT; DURATION OF AUTHORITY AND APPROVAL BY CONGRESS Pub. L. 102-388, title III, §320, Oct. 6, 1992, 106 Stat. 1546, provided that: "The authority conferred by section 513(d) of the Airport and Airway Improvement Act of 1982, as amended [see subsec. (e) of this section], to issue letters of intent shall remain in effect subsequent to September 30, 1992. Letters of intent may be issued under such subsection to applicants determined to be qualified under such Act [substantially repealed by Pub. L. 103-272, §7(b), July 5, 1994, 108 Stat. 1379, and reenacted by first section thereof as this subchapter]: Provided, That, notwithstanding any other provision of law, all such letters of intent in excess of $10,000,000 shall be submitted for approval to the Committees on Appropriations of the Senate and the House of Representatives; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives." Similar provisions were contained in the following prior appropriation acts: Pub. L. 102-143, title III, §320, Oct. 28, 1991, 105 Stat. 942. Pub. L. 101-516, title III, §320, Nov. 5, 1990, 104 Stat. 2181. Pub. L. 101-164, title III, §326, Nov. 21, 1989, 103 Stat. 1096.Pub. L. 100-457, title III, §334, Sept. 30, 1988, 102 Stat. 2153.