§ 47116. Small airport fund

Footnotes

1. 1 So in original.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 47116

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1271

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1271

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 1996

   Pub. L. 104–264 title I § 146 · 110 Stat. 3213

   Added · 49 U.S.C. § 47116(d)

   Pub. L. 104–264 added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 104–264 added subsec. (d).

   Enacted provision · exact public law section
   SEC. 146. SMALL AIRPORT FUND. Section 47116 is amended by adding at the end the following: “(d) Priority Consideration for Certain Projects.— In making grants to sponsors described in subsection (b)(2), the Secretary shall give priority consideration to multi-year projects for construction of new runways that the Secretary finds are cost beneficial and would increase capacity in a region of the United States.”.

3. 1999

   Pub. L. 106–6 § 8(b)(1) · 113 Stat. 10

   Substituted · 49 U.S.C. § 47116(a)

   Pub. L. 106–6, § 8(b)(1), substituted “87.5” for “75”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 106–6, § 8(b)(1), substituted “87.5” for “75”.

   Enacted provision · exact public law section
   (1) by striking “75” in subsection (a) and inserting “87.5”;

4. 1999

   Pub. L. 106–6 § 8(b)(2) · 113 Stat. 10

   1. Added · 49 U.S.C. § 47116(b)

      Pub. L. 106–6, § 8(b)(2), added pars. (1) and (2)

   2. Redesignated · 49 U.S.C. § 47116(b)

      Pub. L. 106–6, § 8(b)(2), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (2)

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 106–6, § 8(b)(2), added pars. (1) and (2) and redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, of par. (2).

   Enacted provision · exact public law section
   (2) by redesignating paragraphs (1) and (2) in subsection (b) as subparagraphs (A) and (B), respectively, and inserting before subparagraph (A), as so redesignated, the following:

5. 2000

   Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

   Pub. L. 106–181 § 128(c) · 114 Stat. 61

   1. Amended · 49 U.S.C. § 47116(d)

      Pub. L. 106–181, § 128(c), designated existing provisions as par. (1)

   2. Inserted · 49 U.S.C. § 47116(d)

      Pub. L. 106–181, § 128(c), inserted heading, realigned margins

   3. Added · 49 U.S.C. § 47116(d)

      Pub. L. 106–181, § 128(c), added par. (2)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 106–181, § 128(c), designated existing provisions as par. (1), inserted heading, realigned margins, and added par. (2).

6. 2000

   Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

   Pub. L. 106–181 § 128(a) · 114 Stat. 61

   Added · 49 U.S.C. § 47116(e)

   Pub. L. 106–181, § 128(a), added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 106–181, § 128(a), added subsec. (e).

7. 2000

   Wendell H. Ford Aviation Investment and Reform Act for the 21st Century

   Pub. L. 106–181 § 128(b) · 114 Stat. 61

   Added · 49 U.S.C. § 47116(f)

   Pub. L. 106–181, § 128(b), added subsec. (f)

   Source evidence

   Code amendment note
   Subsec. (f). Pub. L. 106–181, § 128(b), added subsec. (f).

8. 2003

   Pub. L. 108–176 title VIII § 801(b) · 117 Stat. 2490

   Struck · 49 U.S.C. § 47116(b)(1)

   Pub. L. 108–176 struck out “(as defined in section 41731 of this title)” after “small hub airports”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 108–176 struck out “(as defined in section 41731 of this title)” after “small hub airports”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 47116(b)(1) is amended by striking “(as defined in section 41731 of this title)”.

   Effective date note
   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.

9. 2018

   FAA Reauthorization Act of 2018

   Pub. L. 115–254 § 154 · 132 Stat. 3187

   Amended · 49 U.S.C. § 47116(d)(2)

   Pub. L. 115–254, § 154, amended par. (2) generally. Prior to amendment, text read as follows: “In making grants to sponsors described in subsection (b)(1), the Secretary shall give priority consideration to airport development projects to support operations by turbine powered aircraft if the non-Federal share of the project is at least 40 percent.”

   Source evidence

   Code amendment note
   Subsec. (d)(2). Pub. L. 115–254, § 154, amended par. (2) generally. Prior to amendment, text read as follows: “In making grants to sponsors described in subsection (b)(1), the Secretary shall give priority consideration to airport development projects to support operations by turbine powered aircraft if the non-Federal share of the project is at least 40 percent.”

   Enacted provision · exact public law section
   SEC. 154. DEFINITION OF AIRPORT DEVELOPMENT.   Section 47116(d)(2) of title 49, United States Code, is amended to read as follows: “(2) Airport development for eligible mountaintop airports.— In making grants to sponsors described in subsection (b), the Secretary shall give priority consideration to mass grading and associated structural support (including access road, duct banks, and other related infrastructure) at mountaintop airports, provided that the airport would not otherwise have sufficient surface area for— “(A) eligible and justified airport development projects; or “(B) additional hangar space.” .

10. 2018

    FAA Reauthorization Act of 2018

    Pub. L. 115–254 § 152 · 132 Stat. 3187

    Added · 49 U.S.C. § 47116(d)(3)

    Pub. L. 115–254, § 152, added par. (3)

    Source evidence

    Code amendment note
    Subsec. (d)(3). Pub. L. 115–254, § 152, added par. (3).

    Enacted provision · exact public law section
    SEC. 152. CONSTRUCTION OF CERTAIN CONTROL TOWERS.   Section 47116(d) of title 49, United States Code, is amended by adding at the end the following: “(3) Control tower construction.— Notwithstanding section 47124(b)(4)(A), the Secretary may provide grants under this section to an airport sponsor participating in the contract tower program under section 47124 for the construction or improvement of a nonapproach control tower, as defined by the Secretary, and for the acquisition and installation of air traffic control, communications, and related equipment to be used in that tower. Such grants shall be subject to the distribution requirements of subsection (b) and the eligibility requirements of section 47124(b)(4)(B).” .

11. 2024

    Pub. L. 118–63 § 716(1) · 138 Stat. 1259

    1. Added · 49 U.S.C. § 47116(b)

       Pub. L. 118–63, § 716(1), added pars. (1) to (3)

    2. Struck · 49 U.S.C. § 47116(b)

       Pub. L. 118–63, § 716(1), struck out former pars. (1) and (2) which read as follows:

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 118–63, § 716(1), added pars. (1) to (3) and struck out former pars. (1) and (2) which read as follows:

    “(1) one-seventh for grants for projects at small hub airports; and “(2) the remaining amounts based on the following: “(A) one-third for grants to sponsors of public-use airports (except commercial service airports). “(B) two-thirds for grants to sponsors of each commercial service airport that each year has less than .05 percent of the total boardings in the United States in that year.”

12. 2024

    Pub. L. 118–63 § 716(2) · 138 Stat. 1259

    1. Redesignated · 49 U.S.C. § 47116(d)(2); 49 U.S.C. § 47116(d)(3)

       Pub. L. 118–63, § 716(2), redesignated par. (3) as (2)

    2. Struck · 49 U.S.C. § 47116(d)(2); 49 U.S.C. § 47116(d)(3)

       Pub. L. 118–63, § 716(2), struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “In making grants to sponsors described in subsection (b), the Secretary shall give priority consideration to mass grading and associated structural support (including access road, duct banks, and other related infrastructure) at mountaintop airports, provided that the airport would not otherwise have sufficient surface area for—

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsec. (d)(2), (3). Pub. L. 118–63, § 716(2), redesignated par. (3) as (2) and struck out former par. (2). Prior to amendment, text of par. (2) read as follows: “In making grants to sponsors described in subsection (b), the Secretary shall give priority consideration to mass grading and associated structural support (including access road, duct banks, and other related infrastructure) at mountaintop airports, provided that the airport would not otherwise have sufficient surface area for—

    “(A) eligible and justified airport development projects; or “(B) additional hangar space.”

13. 2024

    Pub. L. 118–63 § 716(3) · 138 Stat. 1259

    1. Added · 49 U.S.C. § 47116(e); 49 U.S.C. § 47116(f)

       Pub. L. 118–63, § 716(3), added subsec. (e)

    2. Struck · 49 U.S.C. § 47116(e); 49 U.S.C. § 47116(f)

       Pub. L. 118–63, § 716(3), struck out former subsecs. (e) and (f) which read as follows:

    Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 118–63, § 716(3), added subsec. (e) and struck out former subsecs. (e) and (f) which read as follows:

    “(e) Set-Aside for Meeting Safety Terms in Airport Operating Certificates.—In the first fiscal year beginning after the effective date of regulations issued to carry out section 44706(b) with respect to airports described in section 44706(a)(2), and in each of the next 4 fiscal years, the lesser of $15,000,000 or 20 percent of the amounts that would otherwise be distributed to sponsors of airports under subsection (b)(2) shall be used to assist the airports in meeting the terms established by the regulations. If the Secretary publishes in the Federal Register a finding that all the terms established by the regulations have been met, this subsection shall cease to be effective as of the date of such publication. “(f) Notification of Source of Grant.—Whenever the Secretary makes a grant under this section, the Secretary shall notify the recipient of the grant, in writing, that the source of the grant is from the small airport fund.”

8 of 19 references resolved to an enrolled provision · 5 partial · 6 unresolved