§ 47117. Use of apportioned amounts

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. § 47117

   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. 1994

   Pub. L. 103–305 title I § 116(a) · 108 Stat. 1569

   Substituted · 49 U.S.C. § 47117(e)(1)(E)

   Pub. L. 103–305 substituted “, 1995, and 1996” for “, and 1995”

   Source evidence

   Code amendment note
   Subsec. (e)(1)(E). Pub. L. 103–305 substituted “, 1995, and 1996” for “, and 1995”.

   Enacted provision · exact public law section
   (a) Military Airport Set-Aside.— Section 47117(e)(1)(E) is amended by striking “, and 1995” and inserting “, 1995, and 1996”.

3. 1994

   Pub. L. 103–429 § 6(68)(A) · 108 Stat. 4377

   Substituted · 49 U.S.C. § 47117(e)(1)(A)

   Pub. L. 103–429, § 6(68)(A), substituted “5 percent” for “10 percent”

   Source evidence

   Code amendment note
   Subsec. (e)(1)(A). Pub. L. 103–429, § 6(68)(A), substituted “5 percent” for “10 percent”.

   Enacted provision · exact public law section
   (A) In paragraph (1)(A), strike “10” and substitute “5”.

4. 1994

   Pub. L. 103–429 § 6(68)(B) · 108 Stat. 4377

   Substituted · 49 U.S.C. § 47117(e)(1)(C)

   Pub. L. 103–429, § 6(68)(B), substituted “1.5 percent” for “2.5 percent” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (e)(1)(C). Pub. L. 103–429, § 6(68)(B), substituted “1.5 percent” for “2.5 percent” in introductory provisions.

   Enacted provision · exact public law section
   (B) In paragraph (1)(C), strike “2.5” and substitute “1.5”.

5. 1994

   Pub. L. 103–429 § 6(68)(C) · 108 Stat. 4377

   Substituted · 49 U.S.C. § 47117(e)(1)(D)

   Pub. L. 103–429, § 6(68)(C), substituted “.75 percent” for “.5 percent”

   Source evidence

   Code amendment note
   Subsec. (e)(1)(D). Pub. L. 103–429, § 6(68)(C), substituted “.75 percent” for “.5 percent”.

   Enacted provision · exact public law section
   (C) In paragraph (1)(D), strike “.5” and substitute “.75”.

6. 1994

   Pub. L. 103–429 § 6(68)(D) · 108 Stat. 4377

   Substituted · 49 U.S.C. § 47117(e)(2)

   Pub. L. 103–429, § 6(68)(D), substituted “1.5 percent” for “2.5 percent”

   Source evidence

   Code amendment note
   Subsec. (e)(2). Pub. L. 103–429, § 6(68)(D), substituted “1.5 percent” for “2.5 percent”.

   Enacted provision · exact public law section
   (D) In paragraph (2), strike “2.5” and substitute “1.5”.

7. 1996

   Pub. L. 104–264 § 123(a) · 110 Stat. 3213

   Inserted · 49 U.S.C. § 47117(b)

   Pub. L. 104–264, § 123(a), inserted “or the 3 fiscal years immediately following that year in the case of a primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year” before period at end of first sentence

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 104–264, § 123(a), inserted “or the 3 fiscal years immediately following that year in the case of a primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year” before period at end of first sentence.

   Enacted provision · exact public law section
   (a) Period of Availability.— Section 47117(b) is amended by inserting before the period at the end of the first sentence the following: “or the 3 fiscal years immediately following that year in the case of a primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year”.

8. 1996

   Pub. L. 104–264 § 123(b)(1) · 110 Stat. 3213

   Substituted · 49 U.S.C. § 47117(e)(1)

   Pub. L. 104–264, § 123(b)(1), substituted “available to the discretionary fund under section 47115” for “made available under section 48103” in introductory provisions

   Source evidence

   Code amendment note
   Subsec. (e)(1). Pub. L. 104–264, § 123(b)(1), substituted “available to the discretionary fund under section 47115” for “made available under section 48103” in introductory provisions.

   Enacted provision · exact public law section
   (1) by striking “made available under section 48103” and inserting “available to the discretionary fund under section 47115”;

9. 1996

   Pub. L. 104–264 § 123(d) · 110 Stat. 3213

   1. Added · 49 U.S.C. § 47117(e)(1)(A)

      Pub. L. 104–264, § 123(d), as added by Pub. L. 105–102, § 3(c)(1)(B)

   2. Substituted · 49 U.S.C. § 47117(e)(1)(A)

      Pub. L. 104–264, § 123(d), as substituted “47504(c)” for “47504(c)(1)”

   Source evidence

   Code amendment note
   Subsec. (e)(1)(A). Pub. L. 104–264, § 123(d), as added by Pub. L. 105–102, § 3(c)(1)(B), substituted “47504(c)” for “47504(c)(1)”.

   Enacted provision · exact public law section
   SEC. 123. USE OF APPORTIONED AMOUNTS. (a) Period of Availability.— Section 47117(b) is amended by inserting before the period at the end of the first sentence the following: “or the 3 fiscal years immediately following that year in the case of a primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year”. (b) Special Apportionment Categories.— Section 47117(e)(1) is amended— (1) by striking “made available under section 48103” and inserting “available to the discretionary fund under section 47115”; (2) by striking subparagraphs (A), (C), and (D); (3) by redesignating subparagraphs (B) and (E) as subparagraphs (A) and (B), respectively; (4) in subparagraph (A), as so redesignated, by striking “at least 12.5” and inserting “At least 31”; (5) by adding at the end of subparagraph (A), as so redesignated, the following: “The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not such 31 percent requirement is being met in that fiscal year.”; (6) in subparagraph (B), as so redesignated, by striking “at least 2.25” and all that follows through “1996,” and inserting “At least 4 percent for each fiscal year thereafter”; and (7) by inserting before the period at the end of subparagraph (B), as so redesignated, the following: “and to sponsors of noncommercial service airports for grants for operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant”. (c) Conforming Amendments.— Section 47117(e) is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2).

10. 1996

    Pub. L. 104–264 § 123(b)(4) · 110 Stat. 3213

    1. Substituted · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 104–264, § 123(b)(4), (5), substituted “At least 31” for “at least 12.5”

    2. Inserted · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 104–264, § 123(b)(4), (5), inserted at end “The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not such 31 percent requirement is being met in that fiscal year.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–264, § 123(b)(4), (5), substituted “At least 31” for “at least 12.5” and inserted at end “The Secretary may count the amount of grants made for such planning and programs with funds apportioned under section 47114 in that fiscal year in determining whether or not such 31 percent requirement is being met in that fiscal year.”

    Enacted provision · exact public law section
    (4) in subparagraph (A), as so redesignated, by striking “at least 12.5” and inserting “At least 31”;

11. 1996

    Pub. L. 104–264 § 123(b)(2) · 110 Stat. 3213

    1. Redesignated · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 104–264, § 123(b)(2), (3), redesignated subpar. (B) as (A)

    2. Struck · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 104–264, § 123(b)(2), (3), struck out former subpar. (A) which read as follows: “at least 5 percent for grants for reliever airports.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–264, § 123(b)(2), (3), redesignated subpar. (B) as (A) and struck out former subpar. (A) which read as follows: “at least 5 percent for grants for reliever airports.”

    Enacted provision · exact public law section
    (2) by striking subparagraphs (A), (C), and (D);

12. 1996

    Pub. L. 104–264 § 124(d) · 110 Stat. 3213

    Repealed · 49 U.S.C. § 47117(e)(1)(B)

    Pub. L. 104–264, § 124(d), which directed the amendment of subpar. (B) by substituting “1996, 1997, and 1998” for “and 1996,”, was repealed by Pub. L. 105–102, § 3(c)(2)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–264, § 124(d), which directed the amendment of subpar. (B) by substituting “1996, 1997, and 1998” for “and 1996,”, was repealed by Pub. L. 105–102, § 3(c)(2).

    Enacted provision · exact public law section
    (d) 2-Year Extension.— Section 47117(e)(1)(B), as redesignated by section 123(b) of this Act, is amended by striking “and 1996,” and inserting “1996, 1997, and 1998”.

13. 1996

    Pub. L. 104–264 § 123(b)(6) · 110 Stat. 3213

    1. Amended · 49 U.S.C. § 47117(e)(1)(B)

       Pub. L. 104–264, § 123(b)(6), as amended by Pub. L. 105–102, § 3(c)(1)(A)

    2. Substituted · 49 U.S.C. § 47117(e)(1)(B)

       Pub. L. 104–264, § 123(b)(6), as substituted “at least 4 percent for each of fiscal years 1997 and 1998” for “at least 2.25 percent for the fiscal year ending September 30, 1993, and at least 2.5 percent for each of the fiscal years ending September 30, 1994, 1995, and 1996,”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–264, § 123(b)(6), as amended by Pub. L. 105–102, § 3(c)(1)(A), substituted “at least 4 percent for each of fiscal years 1997 and 1998” for “at least 2.25 percent for the fiscal year ending September 30, 1993, and at least 2.5 percent for each of the fiscal years ending September 30, 1994, 1995, and 1996,”.

    Enacted provision · exact public law section
    (6) in subparagraph (B), as so redesignated, by striking “at least 2.25” and all that follows through “1996,” and inserting “At least 4 percent for each fiscal year thereafter”; and

14. 1996

    Pub. L. 104–264 § 123(b)(3) · 110 Stat. 3213

    1. Redesignated · 49 U.S.C. § 47117(e)(1)(B)

       Pub. L. 104–264, § 123(b)(3), (7), redesignated subpar. (E) as (B)

    2. Redesignated · 49 U.S.C. § 47117(e)(1)(B)

       Pub. L. 104–264, § 123(b)(3), (7), inserted before period at end “and to sponsors of noncommercial service airports for grants for operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant”. Former subpar. (B) redesignated (A)

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–264, § 123(b)(3), (7), redesignated subpar. (E) as (B) and inserted before period at end “and to sponsors of noncommercial service airports for grants for operational and maintenance expenses at any such airport if the amount of such grants to the sponsor of the airport does not exceed $30,000 in that fiscal year, if the Secretary determines that the airport is adversely affected by the closure or realignment of a military base, and if the sponsor of the airport certifies that the airport would otherwise close if the airport does not receive the grant”. Former subpar. (B) redesignated (A).

    Enacted provision · exact public law section
    (3) by redesignating subparagraphs (B) and (E) as subparagraphs (A) and (B), respectively;

15. 1996

    Pub. L. 104–264 § 123(b)(2) · 110 Stat. 3213

    Struck · 49 U.S.C. § 47117(e)(1)(C); 49 U.S.C. § 47117(e)(1)(D)

    Pub. L. 104–264, § 123(b)(2), struck out subpars. (C) and (D) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (e)(1)(C), (D). Pub. L. 104–264, § 123(b)(2), struck out subpars. (C) and (D) which read as follows:

    “(C) at least 1.5 percent for grants for— “(i) nonprimary commercial service airports; and “(ii) public airports (except commercial service airports) that were eligible for United States Government assistance from amounts apportioned under section 15(a)(3) of the Airport and Airway Development Act of 1970, and to which section 15(a)(3)(A)(I) or (II) of the Act applied during the fiscal year that ended September 30, 1981. “(D) at least .75 percent for integrated airport system planning grants to planning agencies designated by the Secretary and authorized by the laws of a State or political subdivision of a State to do planning for an area of the State or subdivision in which a grant under this chapter is to be used.”

    Enacted provision · exact public law section
    (2) by striking subparagraphs (A), (C), and (D);

16. 1996

    Pub. L. 104–264 § 123(b)(3) · 110 Stat. 3213

    Redesignated · 49 U.S.C. § 47117(e)(1)(E)

    Pub. L. 104–264, § 123(b)(3), redesignated subpar. (E) as (B)

    Source evidence

    Code amendment note
    Subsec. (e)(1)(E). Pub. L. 104–264, § 123(b)(3), redesignated subpar. (E) as (B).

    Enacted provision · exact public law section
    (3) by redesignating subparagraphs (B) and (E) as subparagraphs (A) and (B), respectively;

17. 1996

    Pub. L. 104–264 § 123(c) · 110 Stat. 3213

    1. Redesignated · 49 U.S.C. § 47117(e)(2); 49 U.S.C. § 47117(e)(3)

       Pub. L. 104–264, § 123(c), redesignated par. (3) as (2)

    2. Struck · 49 U.S.C. § 47117(e)(2); 49 U.S.C. § 47117(e)(3)

       Pub. L. 104–264, § 123(c), struck out former par. (2) which read as follows: “A grant from the amount apportioned under section 47114(e) of this title may not be included as part of the 1.5 percent required to be used for grants under paragraph (1)(C) of this subsection.”

    Source evidence

    Code amendment note
    Subsec. (e)(2), (3). Pub. L. 104–264, § 123(c), redesignated par. (3) as (2) and struck out former par. (2) which read as follows: “A grant from the amount apportioned under section 47114(e) of this title may not be included as part of the 1.5 percent required to be used for grants under paragraph (1)(C) of this subsection.”

    Enacted provision · exact public law section
    (c) Conforming Amendments.— Section 47117(e) is amended— (1) by striking paragraph (2); and (2) by redesignating paragraph (3) as paragraph (2).

18. 1996

    Pub. L. 104–287 § 5(82)(A) · 110 Stat. 3388

    Substituted · 49 U.S.C. § 47117(e)(1)(B)

    Pub. L. 104–287, § 5(82)(A), which directed the amendment of subpar. (B) by substituting “47504(c)” for “47504(c)(1)”, could not be executed because “47504(c)(1)” did not appear in text of subpar. (B) subsequent to amendment by Pub. L. 104–264. See below

    Source evidence

    Code amendment note
    Subsec. (e)(1)(B). Pub. L. 104–287, § 5(82)(A), which directed the amendment of subpar. (B) by substituting “47504(c)” for “47504(c)(1)”, could not be executed because “47504(c)(1)” did not appear in text of subpar. (B) subsequent to amendment by Pub. L. 104–264. See below.

    Enacted provision · exact public law section
    (A) In subsection (e)(1)(B), strike “47504(c)(1)” and substitute “47504(c)”.

19. 1996

    Pub. L. 104–287 § 5(82)(B) · 110 Stat. 3388

    Substituted · 49 U.S.C. § 47117(g)(1)

    Pub. L. 104–287, § 5(82)(B), substituted “47105(f)” for “47105(e)”

    Source evidence

    Code amendment note
    Subsec. (g)(1). Pub. L. 104–287, § 5(82)(B), substituted “47105(f)” for “47105(e)”.

    Enacted provision · exact public law section
    (B) In subsection (g)(1), strike “47105(e)” and substitute “47105(f)”.

20. 1997

    Pub. L. 105–102 § 3(c)(1)(B) · 111 Stat. 2204

    Added · 49 U.S.C. § 47117(e)(1)(A)

    Pub. L. 105–102, § 3(c)(1)(B), added Pub. L. 104–264, § 123(d). See 1996 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 105–102, § 3(c)(1)(B), added Pub. L. 104–264, § 123(d). See 1996 Amendment note below.

    Enacted provision · exact public law section
    (B) Add at the end the following: “(d) Conforming Cross-Reference.— Section 47117(e)(1)(A), as redesignated by subsection (b)(3) of this section, is amended by striking ‘47504(c)(1)’ and substituting ‘47504(c)’.”.

21. 1997

    Pub. L. 105–102 § 3(c)(2) · 111 Stat. 2204

    Repealed · 49 U.S.C. § 47117(e)(1)(B)

    Pub. L. 105–102, § 3(c)(2), repealed Pub. L. 104–264, § 124(d). See 1996 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (e)(1)(B). Pub. L. 105–102, § 3(c)(2), repealed Pub. L. 104–264, § 124(d). See 1996 Amendment note below.

    Enacted provision · exact public law section
    (2) Section 124 is amended by striking subsection (d). 49 USC 47117. 49 USC 106.

22. 1997

    Pub. L. 105–102 § 3(c)(1)(A) · 111 Stat. 2204

    Amended · 49 U.S.C. § 47117(e)(1)(B)

    Pub. L. 105–102, § 3(c)(1)(A), amended Pub. L. 104–264, § 123(b)(6). See 1996 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 105–102, § 3(c)(1)(A), amended Pub. L. 104–264, § 123(b)(6). See 1996 Amendment note below.

    Enacted provision · exact public law section
    (A) Subsection (b)(6) is amended to read as follows: “(6) in subparagraph (B), as so redesignated, by striking ‘at least 2.25’ and all that follows through ‘1996,’ and inserting ‘at least 4 percent for each of fiscal years 1997 and 1998, and”.

23. 1999

    Pub. L. 106–6 § 7 · 113 Stat. 10

    Changed · 49 U.S.C. § 47117(e)(1)(B)

    Pub. L. 106–6 made amendment identical to that made by Pub. L. 105–102, § 3(c)(2). See 1997 Amendment note below

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–6 made amendment identical to that made by Pub. L. 105–102, § 3(c)(2). See 1997 Amendment note below.

    Enacted provision · exact public law section
    SEC. 7. MILITARY AIRPORT PROGRAM. Section 124 of the Federal Aviation Reauthorization Act of 49 USC 47117. 1996 is amended by striking subsection (d).

24. 1999

    1999 Emergency Supplemental Appropriations Act

    Pub. L. 106–31 title VI § 6002(d) · 113 Stat. 57

    Struck · 49 U.S.C. § 47117(e)(1)(B)

    Pub. L. 106–31 struck out “for each of fiscal years 1997 and 1998” after “4 percent”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(B). Pub. L. 106–31 struck out “for each of fiscal years 1997 and 1998” after “4 percent”.

    Enacted provision · exact public law section
    (d) Military Airport Program.— Section 47117(e)(1)(B) of title 49, United States Code, is amended by striking “for each of fiscal years 1997 and 1998”.

25. 2000

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

    Pub. L. 106–181 § 104(e) · 114 Stat. 61

    Substituted · 49 U.S.C. § 47117(e)(1)(A)

    Pub. L. 106–181, § 104(e), substituted “34 percent” for “31 percent” in two places

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 106–181, § 104(e), substituted “34 percent” for “31 percent” in two places.

    Enacted provision · exact public law section
    (e) Grants for Airport Noise Compatibility Planning.— Section 47117(e)(1)(A) is amended by striking “31 percent” each place it appears and inserting “34 percent”.

26. 2000

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

    Pub. L. 106–181 § 104(f) · 114 Stat. 61

    Added · 49 U.S.C. § 47117(e)(1)(C)

    Pub. L. 106–181, § 104(f), added subpar. (C)

    Source evidence

    Code amendment note
    Subsec. (e)(1)(C). Pub. L. 106–181, § 104(f), added subpar. (C).

    Enacted provision · exact public law section
    (f) Grants for Reliever Airports.— Section 47117(e)(1) is amended by adding at the end the following: “(C) In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least two-thirds of 1 percent for grants to sponsors of reliever airports which have— “(i) more than 75,000 annual operations; “(ii a runway with a minimum usable landing distance of 5,000 feet; “(iii) a precision instrument landing procedure; “(iv) a minimum number of aircraft, to be determined by the Secretary, based at the airport; and “(v) been designated by the Secretary as a reliever airport to an airport with 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.”.

27. 2000

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

    Pub. L. 106–181 § 231(f) · 114 Stat. 61

    Added · 49 U.S.C. § 47117(e)(3)

    Pub. L. 106–181, § 231(f), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 106–181, § 231(f), added par. (3).

    Enacted provision · exact public law section
    (f) Noise Compatibility Planning and Programs.— Section 47117(e) is amended by adding at the end the following: “(3) Priority.— The Secretary shall give priority in making grants under paragraph (1)(A) to applications for airport noise compatibility planning and programs at and around— “(A) Chicago O’Hare International Airport; “(B) LaGuardia Airport; “(C) John F. Kennedy International Airport; and “(D) Ronald Reagan Washington National Airport.”.

28. 2000

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

    Pub. L. 106–181 § 129 · 114 Stat. 61

    Amended · 49 U.S.C. § 47117(f)

    Pub. L. 106–181, § 129, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–181, § 129, amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows:

    “(f) Discretionary Use of Apportionments.—(1) Subject to paragraph (2) of this subsection, if the Secretary finds, based on the notices the Secretary receives under section 47105(f) of this title or otherwise, that an amount apportioned under section 47114 of this title will not be used for grants during a fiscal year, the Secretary may use an equal amount for grants during that fiscal year for any of the purposes for which amounts are authorized for grants under section 48103 of this title. “(2) The Secretary may make a grant under paragraph (1) of this subsection only if the Secretary decides that— “(A) the total amount used for grants for the fiscal year under section 48103 of this title will not be more than the amount made available under section 48103 for that fiscal year; and “(B) the amounts authorized for grants under section 48103 of this title for later fiscal years are sufficient for grants of the apportioned amounts that were not used for grants under the apportionment during the fiscal year and that remain available under subsection (b) of this section.”

    Enacted provision · exact public law section
    SEC. 129. DISCRETIONARY USE OF UNUSED APPORTIONMENTS. Section 47117(f) (as redesignated by section 104(g) of this Act) is amended to read as follows: “(f) Discretionary Use of Apportionments.— “(1) In general.— Subject to paragraph (2), if the Secretary finds that all or part of an amount of an apportionment under section 47114 is not required during a fiscal year to fund a grant for which the apportionment may be used, the Secretary may use during such fiscal year the amount not so required to make grants for any purpose for which grants may be made under section 48103. The finding may be based on the notifications that the Secretary receives under section 47105(f) or on other information received from airport sponsors. “(2) Restoration of apportionments.— “(A) In general.— If the fiscal year for which a finding is made under paragraph (1) with respect to an apportionment is not the last fiscal year of availability of the apportionment under subsection (b), the Secretary shall restore to the apportionment an amount equal to the amount of the apportionment used under paragraph (1) for a discretionary grant whenever a sufficient amount is made available under section 48103. “(B) Period of availability.— If restoration under this paragraph is made in the fiscal year for which the finding is made or the succeeding fiscal year, the amount restored shall be subject to the original period of availability of the apportionment under subsection (b). If the restoration is made thereafter, the amount restored shall remain available in accordance with subsection (b) for the original period of availability of the apportionment plus the number of fiscal years during which a sufficient amount was not available for the restoration. “(3) Newly available amounts.— “(A) Restored amounts to be unavailable for discretionary grants.— Of an amount newly available under section 48103 of this title, an amount equal to the amounts restored under paragraph (2) shall not be available for discretionary grant obligations under section 47115. “(B) Use of remaining amounts.— Subparagraph (A) does not impair the Secretary’s authority under paragraph (1), after a restoration under paragraph (2), to apply all or part of a restored amount that is not required to fund a grant under an apportionment to fund discretionary grants. “(4) Limitations on obligations apply.— Nothing in this subsection shall be construed to authorize the Secretary to incur grant obligations under section 47104 for a fiscal year in an amount greater than the amount made available under section 48103 for such obligations for such fiscal year.”.

29. 2000

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

    Pub. L. 106–181 § 104(g) · 114 Stat. 61

    1. Redesignated · 49 U.S.C. § 47117(f)

       Pub. L. 106–181, § 104(g), redesignated subsec. (g) as (f)

    2. Struck · 49 U.S.C. § 47117(f)

       Pub. L. 106–181, § 104(g), struck out heading and text of former subsec. (f). Text read as follows: “The Secretary may not make a grant for a commercial service airport in Alaska of more than 110 percent of the amount apportioned for the airport for a fiscal year under section 47114(e) of this title.”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 106–181, § 104(g), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f). Text read as follows: “The Secretary may not make a grant for a commercial service airport in Alaska of more than 110 percent of the amount apportioned for the airport for a fiscal year under section 47114(e) of this title.”

    Enacted provision · exact public law section
    (g) Repeal of Apportionment Limitation on Commercial Service Airports in Alaska.— Section 47117 is amended by striking subsection (f) and by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.

30. 2000

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

    Pub. L. 106–181 § 104(g) · 114 Stat. 61

    Redesignated · 49 U.S.C. § 47117(g); 49 U.S.C. § 47117(h)

    Pub. L. 106–181, § 104(g), redesignated subsecs. (g) and (h) as (f) and (g), respectively

    Source evidence

    Code amendment note
    Subsecs. (g), (h). Pub. L. 106–181, § 104(g), redesignated subsecs. (g) and (h) as (f) and (g), respectively.

    Enacted provision · exact public law section
    (g) Repeal of Apportionment Limitation on Commercial Service Airports in Alaska.— Section 47117 is amended by striking subsection (f) and by redesignating subsections (g) and (h) as subsections (f) and (g), respectively.

31. 2003

    Pub. L. 108–176 § 150 · 117 Stat. 2490

    Substituted · 49 U.S.C. § 47117(b)

    Pub. L. 108–176, § 150, substituted “nonhub airport or any airport that is not a commercial service airport” for “primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year”

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 108–176, § 150, substituted “nonhub airport or any airport that is not a commercial service airport” for “primary airport that had less than .05 percent of the total boardings in the United States in the preceding calendar year”.

    Enacted provision · exact public law section
    SEC. 150. USE OF APPORTIONED AMOUNTS.   The first sentence of section 47117(b) is amended by striking “primary airport” and all that follows through “calendar year” and inserting “nonhub airport or any airport that is not a commercial service airport”.

    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.

32. 2003

    Pub. L. 108–176 § 149(c) · 117 Stat. 2490

    Amended · 49 U.S.C. § 47117(c)(2)

    Pub. L. 108–176, § 149(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “A sponsor of a primary airport may make an agreement with the Secretary of Transportation waiving any part of the amount apportioned for the airport under section 47114(c)(1) of this title if the Secretary makes the waived amount available for a grant for another public-use airport in the same State or geographical area as the primary airport.”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 108–176, § 149(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: “A sponsor of a primary airport may make an agreement with the Secretary of Transportation waiving any part of the amount apportioned for the airport under section 47114(c)(1) of this title if the Secretary makes the waived amount available for a grant for another public-use airport in the same State or geographical area as the primary airport.”

    Enacted provision · exact public law section
    (c) Waiver.— Section 47117(c)(2) is amended to read as follows: “(2) Waiver.— A sponsor of an airport may make an agreement with the Secretary of Transportation waiving the sponsor’s claim to any part of the amount apportioned for the airport under sections 47114(c) and 47114(d)(3)(A) if the Secretary agrees to make the waived amount available for a grant for another public-use airport in the same State or geographical area as the airport, as determined by the Secretary.” .

    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.

33. 2003

    Pub. L. 108–176 § 151 · 117 Stat. 2490

    1. Substituted · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 108–176, § 151, substituted “At least 35 percent” for “At least 34 percent”

    2. Substituted · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 108–176, § 151, substituted “section 47505(a)(2),” for “section 47505(a)(2) of this title and”

    3. Substituted · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 108–176, § 151, substituted “, for noise mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible land use planning and projects carried out by State and local governments under section 47141, and for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.).” for “of this title.”

    4. Substituted · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 108–176, § 151, substituted “35 percent requirement” for “34 percent requirement”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 108–176, § 151, substituted “At least 35 percent” for “At least 34 percent”, “section 47505(a)(2),” for “section 47505(a)(2) of this title and”, “, for noise mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible land use planning and projects carried out by State and local governments under section 47141, and for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.).” for “of this title.”, and “35 percent requirement” for “34 percent requirement”.

    Enacted provision · exact public law section
    SEC. 151. INCREASE IN APPORTIONMENT FOR, AND FLEXIBILITY OF, NOISE COMPATIBILITY PLANNING PROGRAMS.   Section 47117(e)(1)(A) is amended— (1) by striking “At least 34 percent” and inserting “At least 35 percent”; (2) by striking “of this title and” and inserting a comma; (3) by striking “of this title.” and inserting “, for noise mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible land use planning and projects carried out by State and local governments under section 47141, and for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.).”; and (4) by striking “34 percent requirement” and inserting “35 percent requirement”.

    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.

34. 2012

    FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 title I § 145 · 126 Stat. 11

    1. Substituted · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 112–95 substituted “At least 35 percent, but not more than $300,000,000,” for “At least 35 percent”

    2. Substituted · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 112–95 substituted “et seq.), and for water quality mitigation projects to comply with the Act of June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an environmental record of decision for an airport development project under this title.” for “et seq.).”

    3. Substituted · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 112–95 substituted “the requirements of the preceding sentence are” for “such 35 percent requirement is”

    4. Struck · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 112–95 struck out “and” after “47141,”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 112–95 substituted “At least 35 percent, but not more than $300,000,000,” for “At least 35 percent”, “et seq.), and for water quality mitigation projects to comply with the Act of June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an environmental record of decision for an airport development project under this title.” for “et seq.).”, and “the requirements of the preceding sentence are” for “such 35 percent requirement is” and struck out “and” after “47141,”.

    Enacted provision · exact public law section
    SEC. 145. USE OF APPORTIONED AMOUNTS.   Section 47117(e)(1)(A) is amended— (1) by striking “35 percent” in the first sentence and inserting “35 percent, but not more than $300,000,000,”; (2) by striking “and” after “47141,”; (3) by striking “et seq.).” and inserting “et seq.), and for water quality mitigation projects to comply with the Act of June 30, 1948 (33 U.S.C. 1251 et seq.), approved in an environmental record of decision for an airport development project under this title.”; and (4) by striking “such 35 percent requirement is” in the second sentence and inserting “the requirements of the preceding sentence are”.

35. 2018

    FAA Reauthorization Act of 2018

    Pub. L. 115–254 § 155 · 132 Stat. 3187

    1. Amended · 49 U.S.C. § 47117(b)

       Pub. L. 115–254, § 155, designated existing provisions as par. (1)

    2. Inserted · 49 U.S.C. § 47117(b)

       Pub. L. 115–254, § 155, inserted heading

    3. Substituted · 49 U.S.C. § 47117(b)

       Pub. L. 115–254, § 155, substituted “Except as provided in paragraph (2), if the amount” for “If the amount”

    4. Added · 49 U.S.C. § 47117(b)

       Pub. L. 115–254, § 155, added par. (2)

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 115–254, § 155, designated existing provisions as par. (1), inserted heading, substituted “Except as provided in paragraph (2), if the amount” for “If the amount”, and added par. (2).

    Enacted provision · exact public law section
    SEC. 155. GENERAL AVIATION AIRPORT EXPIRED FUNDS.   Section 47117(b) of title 49, United States Code, is amended— (1) by striking “An amount” and inserting “(1) In general.—An amount”; (2) by striking “If the amount” and inserting “Except as provided in paragraph (2), if the amount”; and (3) by adding at the end the following: “(2) Expired amounts apportioned for general aviation airports.— “(A) In general.— Except as provided in subparagraph (B), if an amount apportioned under section 47114(d) is not obligated within the time specified in paragraph (1), that amount shall be added to the discretionary fund under section 47115 of this title, provided that— “(i) amounts made available under paragraph (2)(A) shall be used for grants for projects in accordance with section 47115(d)(2) at airports eligible to receive an apportionment under section 47114(d)(2) or (3)(A), whichever is applicable; and “(ii) amounts made available under paragraph (2)(A) that are not obligated by July 1 of the fiscal year in which the funds will expire shall be made available for all projects in accordance with section 47115(d)(2). “(B) State block grant program.— If an amount apportioned to an airport under section 47114(d)(3)(A) is not obligated within the time specified in paragraph (1), and the airport is located in a State participating in the State block grant program under section 47128, the amount shall be made available to that State under the same conditions as if the State had been apportioned the amount under section 47114(d)(3)(B).” .

36. 2018

    FAA Reauthorization Act of 2018

    Pub. L. 115–254 § 192(b) · 132 Stat. 3187

    Inserted · 49 U.S.C. § 47117(e)(1)(A)

    Pub. L. 115–254, § 192(b), inserted “for airport development described in section 47102(3)(Q),” after “under section 47141,”

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 115–254, § 192(b), inserted “for airport development described in section 47102(3)(Q),” after “under section 47141,”.

    Enacted provision · exact public law section
    (b) Special Apportionment Categories.— Section 47117(e)(1)(A) of title 49, United States Code, is amended by inserting “for airport development described in section 47102(3)(Q),” after “under section 47141,”.

37. 2018

    FAA Reauthorization Act of 2018

    Pub. L. 115–254 § 539(p) · 132 Stat. 3187

    Substituted · 49 U.S.C. § 47117(e)(1)(B)

    Pub. L. 115–254, § 539(p), which directed substitution of “At least” for “at least” in section 47117(e)(1)(B), without specifying the Code title to be amended, was executed by making the substitution in subsec. (e)(1)(B) of this section, to reflect the probable intent of Congress

    Source evidence

    Code amendment note
    Subsec. (e)(1)(B). Pub. L. 115–254, § 539(p), which directed substitution of “At least” for “at least” in section 47117(e)(1)(B), without specifying the Code title to be amended, was executed by making the substitution in subsec. (e)(1)(B) of this section, to reflect the probable intent of Congress.

    Enacted provision · exact public law section
    (p) Special Apportionment Categories.— Section 47117(e)(1)(B) is amended by striking “at least” and inserting “At least”.

38. 2024

    Pub. L. 118–63 § 717(1)(A) · 138 Stat. 1259

    Struck · 49 U.S.C. § 47117(b)(2)(A)(i)

    Pub. L. 118–63, § 717(1)(A), struck out “or (3)(A), whichever is applicable” after “section 47114(d)(2)”

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

    Source evidence

    Code amendment note
    Subsec. (b)(2)(A)(i). Pub. L. 118–63, § 717(1)(A), struck out “or (3)(A), whichever is applicable” after “section 47114(d)(2)”.

39. 2024

    Pub. L. 118–63 § 717(1)(B) · 138 Stat. 1259

    1. Substituted · 49 U.S.C. § 47117(b)(2)(B)

       Pub. L. 118–63, § 717(1)(B), substituted “section 47114(d)(2)(A)” for “section 47114(d)(3)(A)”

    2. Substituted · 49 U.S.C. § 47117(b)(2)(B)

       Pub. L. 118–63, § 717(1)(B), substituted “section 47114(d)(2)(B)” for “section 47114(d)(3)(B)”

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

    Source evidence

    Code amendment note
    Subsec. (b)(2)(B). Pub. L. 118–63, § 717(1)(B), substituted “section 47114(d)(2)(A)” for “section 47114(d)(3)(A)” and “section 47114(d)(2)(B)” for “section 47114(d)(3)(B)”.

40. 2024

    Pub. L. 118–63 § 717(2) · 138 Stat. 1259

    Substituted · 49 U.S.C. § 47117(c)(2)

    Pub. L. 118–63, § 717(2), substituted “47114(d)(2)(A)” for “47114(d)(3)(A)”

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

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 118–63, § 717(2), substituted “47114(d)(2)(A)” for “47114(d)(3)(A)”.

41. 2024

    Pub. L. 118–63 § 717(3)(A) · 138 Stat. 1259

    Substituted · 49 U.S.C. § 47117(d)(1)

    Pub. L. 118–63, § 717(3)(A), substituted “section 47114(d)(2)(B)(i)” for “section 47114(d)(2)(A) of this title”

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

    Source evidence

    Code amendment note
    Subsec. (d)(1). Pub. L. 118–63, § 717(3)(A), substituted “section 47114(d)(2)(B)(i)” for “section 47114(d)(2)(A) of this title”.

42. 2024

    Pub. L. 118–63 § 717(3)(B) · 138 Stat. 1259

    1. Substituted · 49 U.S.C. § 47117(d)(2)

       Pub. L. 118–63, § 717(3)(B), substituted “section 47114(d)(2)(B)(ii) or (iii)” for “section 47114(d)(2)(B) or (C)” in two places

    2. Struck · 49 U.S.C. § 47117(d)(2)

       Pub. L. 118–63, § 717(3)(B), struck out “of this title” before “is available”

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

    Source evidence

    Code amendment note
    Subsec. (d)(2). Pub. L. 118–63, § 717(3)(B), substituted “section 47114(d)(2)(B)(ii) or (iii)” for “section 47114(d)(2)(B) or (C)” in two places and struck out “of this title” before “is available”.

43. 2024

    Pub. L. 118–63 § 717(4)(A)(i) · 138 Stat. 1259

    1. Substituted · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 118–63, § 717(4)(A)(i), substituted “$200,000,000” for “$300,000,000”

    2. Substituted · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 118–63, § 717(4)(A)(i), substituted “subparagraphs (O), (P), (Q), and (W) of section 47102(3)” for “section 47102(3)(Q)”

    3. Struck · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 118–63, § 717(4)(A)(i), struck out “for compatible land use planning and projects carried out by State and local governments under section 47141,” after “under this title,” and “to comply with the Clean Air Act (42 U.S.C. 7401 et seq.)” after “for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L)”

    4. Inserted · 49 U.S.C. § 47117(e)(1)(A)

       Pub. L. 118–63, § 717(4)(A)(i), inserted “The Secretary shall provide not less than two-thirds of amounts under this subparagraph and paragraph (3) for grants to sponsors of small hub, medium hub, and large hub airports.” after “being met in that fiscal year.”

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

    Source evidence

    Code amendment note
    Subsec. (e)(1)(A). Pub. L. 118–63, § 717(4)(A)(i), substituted “$200,000,000” for “$300,000,000” and “subparagraphs (O), (P), (Q), and (W) of section 47102(3)” for “section 47102(3)(Q)”, struck out “for compatible land use planning and projects carried out by State and local governments under section 47141,” after “under this title,” and “to comply with the Clean Air Act (42 U.S.C. 7401 et seq.)” after “for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L)”, and inserted “The Secretary shall provide not less than two-thirds of amounts under this subparagraph and paragraph (3) for grants to sponsors of small hub, medium hub, and large hub airports.” after “being met in that fiscal year.”

44. 2024

    Pub. L. 118–63 § 717(4)(A)(ii) · 138 Stat. 1259

    Struck · 49 U.S.C. § 47117(e)(1)(C)

    Pub. L. 118–63, § 717(4)(A)(ii), struck out subpar. (C) which read as follows: “In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least two-thirds of 1 percent for grants to sponsors of reliever airports which have—

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

    Source evidence

    Code amendment note
    Subsec. (e)(1)(C). Pub. L. 118–63, § 717(4)(A)(ii), struck out subpar. (C) which read as follows: “In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least two-thirds of 1 percent for grants to sponsors of reliever airports which have—

    “(i) more than 75,000 annual operations; “(ii) a runway with a minimum usable landing distance of 5,000 feet; “(iii) a precision instrument landing procedure; “(iv) a minimum number of aircraft, to be determined by the Secretary, based at the airport; and “(v) been designated by the Secretary as a reliever airport to an airport with 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.”

45. 2024

    Pub. L. 118–63 § 717(4)(B) · 138 Stat. 1259

    1. Added · 49 U.S.C. § 47117(e)(3)

       Pub. L. 118–63, § 717(4)(B), added par. (3)

    2. Struck · 49 U.S.C. § 47117(e)(3)

       Pub. L. 118–63, § 717(4)(B), struck out former par. (3). Prior to amendment, text read as follows: “The Secretary shall give priority in making grants under paragraph (1)(A) to applications for airport noise compatibility planning and programs at and around—

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

    Source evidence

    Code amendment note
    Subsec. (e)(3). Pub. L. 118–63, § 717(4)(B), added par. (3) and struck out former par. (3). Prior to amendment, text read as follows: “The Secretary shall give priority in making grants under paragraph (1)(A) to applications for airport noise compatibility planning and programs at and around—

    “(A) Chicago O’Hare International Airport; “(B) LaGuardia Airport; “(C) John F. Kennedy International Airport; and “(D) Ronald Reagan Washington National Airport.”

53 of 67 references resolved to an enrolled provision · 14 unresolved