Skip to content

Title 49 — Transportation

Part B · Chapter 471 — Airport Development

§ 47118. Designating current and former military airports

Statutory text

(a)

General Requirements.—

The Secretary of Transportation shall designate current or former military airports for which grants may be made under section 47117(e)(1)(B) of this title. The maximum number of airports bearing such designation at any time is 15. The Secretary may only so designate an airport (other than an airport so designated before ) if—

(1)

the airport is a former military installation closed or realigned under—

(A)

section 2687 of title 10;

(B)

section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note); or

(C)

section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note);

(2)

the airport is a military installation with both military and civil aircraft operations; or

(3)

the airport is—

(A)

a former military installation that, at any time after , was owned and operated by the Department of Defense; and

(B)

a nonhub primary airport.

(b)

Survey.—

Not later than , the Secretary shall complete a survey of current and former military airports to identify which airports have the greatest potential to improve the capacity of the national air transportation system. The survey shall identify the capital development needs of those airports to make them part of the system and which of those qualify for grants under section 47104 of this title.

(c)

Considerations.—

In carrying out this section, the Secretary shall consider only current or former military airports for designation under this section if a grant under section 47117(e)(1)(B) would—

(1)

reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings;

(2)

enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays; or

(3)

preserve or enhance minimum airfield infrastructure facilities at former military airports to support emergency diversionary operations for transoceanic flights in locations—

(A)

within United States jurisdiction or control; and

(B)

where there is a demonstrable lack of diversionary airports within the distance or flight-time required by regulations governing transoceanic flights.

(d)

Grants.—

Grants under section 47117(e)(1)(B) of this title may be made for an airport designated under subsection (a) of this section for the 5 fiscal years following the designation, and for subsequent periods, each not to exceed 5 fiscal years, if the Secretary determines that the airport satisfies the designation criteria under subsection (a) at the beginning of each such subsequent period.

(e)

Terminal Building Facilities.—

From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available to the sponsor of a current or former military airport the Secretary designates under this section to construct, improve, or repair a terminal building facility, including terminal gates used for revenue passengers getting on or off aircraft. A gate constructed, improved, or repaired under this subsection—

(1)

may not be leased for more than 10 years; and

(2)

is not subject to majority in interest clauses.

(f)

Parking Lots, Fuel Farms, Utilities, Hangars, and Air Cargo Terminals.—

(1)

Construction.—

From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available to the sponsor of a current or former military airport the Secretary designates under this section to construct, improve, or repair airport surface parking lots, fuel farms, utilities, and hangars and air cargo terminals of an area that is 50,000 square feet or less.

(2)

Reimbursement.—

Upon approval of the Secretary, the sponsor of a current or former military airport the Secretary designates under this section may use an amount apportioned under section 47114, or made available under section 47115 or 47117(e)(1)(B), to the airport for reimbursement of costs incurred by the airport in fiscal years 2003 and 2004 for construction, improvement, or repair described in paragraph (1).

(g)

Designation of General Aviation Airports.—

Notwithstanding any other provision of this section, 3 of the airports bearing designations under subsection (a) may be general aviation airports that were former military installations closed or realigned under a section referred to in subsection (a)(1).

(h)

Safety-Critical Airports.—

Notwithstanding any other provision of this chapter, a grant under section 47117(e)(1)(B) may be made for a federally owned airport designated under subsection (a) if the grant is for a project that is—

(1)

to preserve or enhance minimum airfield infrastructure facilities described in subsection (c)(3); and

(2)

necessary to meet the minimum safety and emergency operational requirements established under part 139 of title 14, Code of Federal Regulations.

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

    Enacted · 49 U.S.C. § 47118

    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1273

    Source evidence

    Code source credit
    Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1273

    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. Pub. L. 103–305 § 116(b) · 108 Stat. 1569

    1. Substituted · 49 U.S.C. § 47118(a)

      Pub. L. 103–305, § 116(b), substituted “15” for “12”

    2. Inserted · 49 U.S.C. § 47118(a)

      Pub. L. 103–305, § 116(b), inserted at end “The Secretary may only designate an airport for such grants (other than an airport designated for such grants on or before the date of the enactment of this sentence) if the Secretary finds that grants under such section for projects at such airport would reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–305, § 116(b), substituted “15” for “12” and inserted at end “The Secretary may only designate an airport for such grants (other than an airport designated for such grants on or before the date of the enactment of this sentence) if the Secretary finds that grants under such section for projects at such airport would reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.”

    Enacted provision · exact public law section
    (b) Designation of Military Airports.— Section 47118(a) is amended— (1) by striking “12” and inserting “15”; and (2) by adding at the end the following: “The Secretary may only designate an airport for such grants (other than an airport designated for such grants on or before the date of the enactment of this sentence) if the Secretary finds that grants under such section for projects at such airport would reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.”.

  3. Pub. L. 103–305 § 116(c) · 108 Stat. 1569

    Redesignated · 49 U.S.C. § 47118(d)

    Pub. L. 103–305, § 116(c), struck out at end “If an airport does not have a level of passengers getting on aircraft during that 5-year period that qualifies the airport as a small hub airport (as defined on January 1, 1990) or reliever airport, the Secretary may redesignate the airport for grants for additional fiscal years that the Secretary decides.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 103–305, § 116(c), struck out at end “If an airport does not have a level of passengers getting on aircraft during that 5-year period that qualifies the airport as a small hub airport (as defined on January 1, 1990) or reliever airport, the Secretary may redesignate the airport for grants for additional fiscal years that the Secretary decides.”

    Enacted provision · exact public law section
    (c) Elimination of Extension of 5-Year Period of Eligibility.— Section 47118(d) is amended by striking the last sentence.

  4. Pub. L. 103–305 § 116(d) · 108 Stat. 1569

    Substituted · 49 U.S.C. § 47118(f)

    Pub. L. 103–305, § 116(d), substituted “September 30, 1993–1996” for “September 30, 1993–1995”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 103–305, § 116(d), substituted “September 30, 1993–1996” for “September 30, 1993–1995”.

    Enacted provision · exact public law section
    (d) Construction of Parking Lots, Fuel Farms, and Utilities.— Section 47118(f) is amended by striking “-1995” and inserting “-1996”.

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

    Amended · 49 U.S.C. § 47118(a)

    Pub. L. 104–264, § 124(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 104–264, § 124(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

    “(a) General Requirements.—The Secretary of Transportation shall designate not more than 15 current or former military airports for which grants may be made under section 47117(e)(1)(E) of this title. The Secretary may only designate an airport for such grants (other than an airport designated for such grants on or before the date of the enactment of this sentence) if the Secretary finds that grants under such section for projects at such airport would reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.”

    Enacted provision · exact public law section
    (a) General Requirements.— Section 47118(a) is amended to read as follows: “(a) General Requirements.— The Secretary of Transportation shall designate current or former military airports for which grants may be made under section 47117(e)(1)(B) of this title. The maximum number of airports bearing such designation at any time is 12. The Secretary may only so designate an airport (other than an airport so designated before August 24, 1994) if— “(1) the airport is a former military installation closed or realigned under— “(A) section 2687 of title 10; “(B) section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act (10 U.S.C. 2687 note); or “(C) section 2905 of the Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note); or “(2) the Secretary finds that such grants would— “(A) reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings; or “(B) enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays.”.

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

    Substituted · 49 U.S.C. § 47118(d)

    Pub. L. 104–264, § 124(b), substituted “designation, and for subsequent 5-fiscal-year periods if the Secretary determines that the airport satisfies the designation criteria under subsection (a) at the beginning of each such subsequent 5-fiscal-year period.” for “designation.”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 104–264, § 124(b), substituted “designation, and for subsequent 5-fiscal-year periods if the Secretary determines that the airport satisfies the designation criteria under subsection (a) at the beginning of each such subsequent 5-fiscal-year period.” for “designation.”

    Enacted provision · exact public law section
    (b) Additional Designation Periods.— Section 47118(d) is amended by striking “designation.” and inserting “designation, and for subsequent 5-fiscal-year periods if the Secretary determines that the airport satisfies the designation criteria under subsection (a) at the beginning of each such subsequent 5-fiscal-year period.”.

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

    1. Substituted · 49 U.S.C. § 47118(f)

      Pub. L. 104–264, § 124(c), amended subsec. (f) by substituting “Utilities, and Hangars” for “and Utilities” in text

    2. Substituted · 49 U.S.C. § 47118(f)

      Pub. L. 104–264, § 124(c), amended subsec. (f) by substituting “for fiscal years beginning after September 30, 1992,” for “for the fiscal years ending September 30, 1993–1996,” in text

    3. Substituted · 49 U.S.C. § 47118(f)

      Pub. L. 104–264, § 124(c), amended subsec. (f) by substituting “utilities, and hangars” for “and utilities” in text

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 104–264, § 124(c), amended subsec. (f) by substituting “Utilities, and Hangars” for “and Utilities” in heading and “for fiscal years beginning after September 30, 1992,” for “for the fiscal years ending September 30, 1993–1996,” and “utilities, and hangars” for “and utilities” in text.

    Enacted provision · exact public law section
    (c) Parking Lots, Fuel Farms, Utilities, and Hangars.— Section 47118(f) is amended— (1) in the heading by striking “and Utilities” and inserting “Utilities, and Hangars”; (2) by striking “for the fiscal years ending September 30, 1993—1996,” and inserting “for fiscal years beginning after September 30, 1992,”; and (3) by striking “and utilities” and inserting “utilities, and hangars”.

  8. Pub. L. 104–287 § 5(83)(A) · 110 Stat. 3388

    Substituted · 49 U.S.C. § 47118(a)

    Pub. L. 104–287, § 5(83)(A), which directed amendment of subsec. (a) by substituting “before August 24, 1994” for “on or before the date of the enactment of this sentence”, could not be executed because the phrase to be amended did not appear subsequent to amendment by Pub. L. 104–264, § 124(a). See below

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 104–287, § 5(83)(A), which directed amendment of subsec. (a) by substituting “before August 24, 1994” for “on or before the date of the enactment of this sentence”, could not be executed because the phrase to be amended did not appear subsequent to amendment by Pub. L. 104–264, § 124(a). See below.

    Enacted provision · exact public law section
    (A) In subsection (a), strike “on or before the date of the enactment of this sentence” and substitute “before August 24, 1994”.

  9. Pub. L. 104–287 § 5(83)(B) · 110 Stat. 3388

    Substituted · 49 U.S.C. § 47118(e)

    Pub. L. 104–287, § 5(83)(B), substituted “Not” for “Notwithstanding section 47109(c) of this title, not”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 104–287, § 5(83)(B), substituted “Not” for “Notwithstanding section 47109(c) of this title, not”.

    Enacted provision · exact public law section
    (B) In subsection (e), strike “Notwithstanding section 47109(c) of this title, not” and substitute “Not”.

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

    Pub. L. 106–181 § 130(a)(1)(A) · 114 Stat. 61

    Substituted · 49 U.S.C. § 47118(a)

    Pub. L. 106–181, § 130(a)(1)(A), substituted “15” for “12” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 106–181, § 130(a)(1)(A), substituted “15” for “12” in introductory provisions.

    Enacted provision · exact public law section
    (A) by striking “12” and inserting “15”; and

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

    Pub. L. 106–181 § 130(a)(1)(B) · 114 Stat. 61

    1. Added · 49 U.S.C. § 47118(a)(2)

      Pub. L. 106–181, § 130(a)(1)(B), added par. (2)

    2. Struck · 49 U.S.C. § 47118(a)(2)

      Pub. L. 106–181, § 130(a)(1)(B), struck out former par. (2) which read as follows: “the Secretary finds that such grants would—

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 106–181, § 130(a)(1)(B), added par. (2) and struck out former par. (2) which read as follows: “the Secretary finds that such grants would—

    “(A) reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings; or “(B) enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays.”

    Enacted provision · exact public law section
    (B) by striking paragraph (2) and inserting the following: “(2) the airport is a military installation with both military and civil aircraft operations.”;

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

    Pub. L. 106–181 § 130(a)(2) · 114 Stat. 61

    1. Added · 49 U.S.C. § 47118(c)

      Pub. L. 106–181, § 130(a)(2), added subsec. (c)

    2. Struck · 49 U.S.C. § 47118(c)

      Pub. L. 106–181, § 130(a)(2), struck out heading and text of former subsec. (c). Text read as follows: “In carrying out this section, the Secretary shall consider only current or former military airports that, when at least partly converted to civilian commercial or reliever airports as part of the national air transportation system, will enhance airport and air traffic control system capacity in major metropolitan areas and reduce current and projected flight delays.”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 106–181, § 130(a)(2), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “In carrying out this section, the Secretary shall consider only current or former military airports that, when at least partly converted to civilian commercial or reliever airports as part of the national air transportation system, will enhance airport and air traffic control system capacity in major metropolitan areas and reduce current and projected flight delays.”

    Enacted provision · exact public law section
    (2) by striking subsection (c) and inserting the following: “(c) Considerations.— “(1) reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings; or “(2) enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays.”;

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

    Pub. L. 106–181 § 130(a)(3) · 114 Stat. 61

    1. Substituted · 49 U.S.C. § 47118(d)

      Pub. L. 106–181, § 130(a)(3), substituted “47117(e)(1)(B)” for “47117(e)(1)(E)”

    2. Substituted · 49 U.S.C. § 47118(d)

      Pub. L. 106–181, § 130(a)(3), substituted “periods, each not to exceed 5 fiscal years,” for “5-fiscal-year periods”

    3. Substituted · 49 U.S.C. § 47118(d)

      Pub. L. 106–181, § 130(a)(3), substituted “each such subsequent period” for “each such subsequent 5-fiscal-year period”

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 106–181, § 130(a)(3), substituted “47117(e)(1)(B)” for “47117(e)(1)(E)”, “periods, each not to exceed 5 fiscal years,” for “5-fiscal-year periods”, and “each such subsequent period” for “each such subsequent 5-fiscal-year period”.

    Enacted provision · exact public law section
    (3) in subsection (d)— (A) by striking “§ 47117(e)(1)(E)” and inserting “§ 47117(e)(1)(B)”; (B) by striking “5-fiscal-year periods” and inserting “periods, each not to exceed 5 fiscal years,”; and (C) by striking “each such subsequent 5-fiscal-year period” and inserting “each such subsequent period”; and (4) by adding at the end the following: “(g) Designation of General Aviation Airport.— Notwithstanding any other provision of this section, one of the airports bearing a designation under subsection (a) may be a general aviation airport that was a former military installation closed or realigned under a section referred to in subsection (a)(1).”.

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

    Pub. L. 106–181 § 130(b) · 114 Stat. 61

    Substituted · 49 U.S.C. § 47118(e)

    Pub. L. 106–181, § 130(b), substituted “$7,000,000” for “$5,000,000”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 106–181, § 130(b), substituted “$7,000,000” for “$5,000,000”.

    Enacted provision · exact public law section
    (b) Terminal Building Facilities.— Section 47118(e) is amended by striking “$5,000,000” and inserting “$7,000,000”.

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

    Pub. L. 106–181 § 130(c) · 114 Stat. 61

    1. Substituted · 49 U.S.C. § 47118(f)

      Pub. L. 106–181, § 130(c), in heading, substituted “Hangars, and Air Cargo Terminals” for “and Hangars” and, in text

    2. Substituted · 49 U.S.C. § 47118(f)

      Pub. L. 106–181, § 130(c), in heading, substituted “$7,000,000” for “$4,000,000”

    3. Inserted · 49 U.S.C. § 47118(f)

      Pub. L. 106–181, § 130(c), in heading, inserted “and air cargo terminals of an area that is 50,000 square feet or less” before period at end

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 106–181, § 130(c), in heading, substituted “Hangars, and Air Cargo Terminals” for “and Hangars” and, in text, substituted “$7,000,000” for “$4,000,000” and inserted “and air cargo terminals of an area that is 50,000 square feet or less” before period at end.

    Enacted provision · exact public law section
    (c) Eligibility of Air Cargo Terminals.— Section 47118(f) is amended— (1) in subsection heading by striking “and Hangars” and inserting “Hangars, and Air Cargo Terminals”; (2) by striking “$4,000,000” and inserting “$7,000,000”; and (3) by inserting after “hangars” the following: “and air cargo terminals of an area that is 50,000 square feet or less”.

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

    Pub. L. 106–181 § 130(a)(4) · 114 Stat. 61

    Added · 49 U.S.C. § 47118(g)

    Pub. L. 106–181, § 130(a)(4), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 106–181, § 130(a)(4), added subsec. (g).

    Enacted provision · exact public law section
    (a) In General.— Section 47118 is amended— (1) in subsection (a)— (A) by striking “12” and inserting “15”; and (B) by striking paragraph (2) and inserting the following: “(2) the airport is a military installation with both military and civil aircraft operations.”; (2) by striking subsection (c) and inserting the following: “(c) Considerations.— “(1) reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings; or “(2) enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays.”; (3) in subsection (d)— (A) by striking “§ 47117(e)(1)(E)” and inserting “§ 47117(e)(1)(B)”; (B) by striking “5-fiscal-year periods” and inserting “periods, each not to exceed 5 fiscal years,”; and (C) by striking “each such subsequent 5-fiscal-year period” and inserting “each such subsequent period”; and (4) by adding at the end the following: “(g) Designation of General Aviation Airport.— Notwithstanding any other provision of this section, one of the airports bearing a designation under subsection (a) may be a general aviation airport that was a former military installation closed or realigned under a section referred to in subsection (a)(1).”.

  17. Pub. L. 108–176 § 153(1) · 117 Stat. 2490

    Substituted · 49 U.S.C. § 47118(e)

    Pub. L. 108–176, § 153(1), substituted “From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available” for “Not more than $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for a fiscal year is available” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 108–176, § 153(1), substituted “From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available” for “Not more than $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for a fiscal year is available” in introductory provisions.

    Enacted provision · exact public law section
    (1) in subsection (e) by striking “Not more than $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for a fiscal year is available” and inserting “From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available”;

    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.

  18. Pub. L. 108–176 § 153(2) · 117 Stat. 2490

    1. Inserted · 49 U.S.C. § 47118(f)

      Pub. L. 108–176, § 153(2), (3), inserted par. (1) designation and heading

    2. Substituted · 49 U.S.C. § 47118(f)

      Pub. L. 108–176, § 153(2), (3), substituted “From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available” for “Not more than a total of $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for fiscal years beginning after September 30, 1992, is available”

    3. Added · 49 U.S.C. § 47118(f)

      Pub. L. 108–176, § 153(2), (3), added par. (2)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 108–176, § 153(2), (3), inserted par. (1) designation and heading, substituted “From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available” for “Not more than a total of $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for fiscal years beginning after September 30, 1992, is available”, and added par. (2).

    Enacted provision · exact public law section
    (2) in subsection (f) by striking “Not more than a total of $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for fiscal years beginning after September 30, 1992, is available” and inserting the following: “(1) Construction.— From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available” ; and

    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.

  19. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 146(a) · 126 Stat. 11

    Added · 49 U.S.C. § 47118(c)(3)

    Pub. L. 112–95, § 146(a), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (c)(3). Pub. L. 112–95, § 146(a), added par. (3).

    Enacted provision · exact public law section
    (a) Considerations.— Section 47118(c) is amended— (1) in paragraph (1) by striking “or” after the semicolon; (2) in paragraph (2) by striking “delays.” and inserting “delays; or”; and (3) by adding at the end the following: “(3) preserve or enhance minimum airfield infrastructure facilities at former military airports to support emergency diversionary operations for transoceanic flights in locations— “(A) within United States jurisdiction or control; and “(B) where there is a demonstrable lack of diversionary airports within the distance or flight-time required by regulations governing transoceanic flights.” .

  20. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 146(b) · 126 Stat. 11

    1. Substituted · 49 U.S.C. § 47118(g)

      Pub. L. 112–95, § 146(b), substituted “Airports” for “Airport” in text

    2. Substituted · 49 U.S.C. § 47118(g)

      Pub. L. 112–95, § 146(b), substituted “3 of the airports bearing designations under subsection (a) may be general aviation airports that were former military installations” for “one of the airports bearing a designation under subsection (a) may be a general aviation airport that was a former military installation” in text

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 112–95, § 146(b), substituted “Airports” for “Airport” in heading and “3 of the airports bearing designations under subsection (a) may be general aviation airports that were former military installations” for “one of the airports bearing a designation under subsection (a) may be a general aviation airport that was a former military installation” in text.

    Enacted provision · exact public law section
    (b) Designation of General Aviation Airports.— Section 47118(g) is amended— (1) in the subsection heading by striking “Airport” and inserting “Airports”; and (2) by striking “one of the airports bearing a designation under subsection (a) may be a general aviation airport that was a former military installation” and inserting “3 of the airports bearing designations under subsection (a) may be general aviation airports that were former military installations”.

  21. FAA Modernization and Reform Act of 2012

    Pub. L. 112–95 § 146(c) · 126 Stat. 11

    Added · 49 U.S.C. § 47118(h)

    Pub. L. 112–95, § 146(c), added subsec. (h)

    Source evidence

    Code amendment note
    Subsec. (h). Pub. L. 112–95, § 146(c), added subsec. (h).

    Enacted provision · exact public law section
    (c) Safety-Critical Airports.— Section 47118 is amended by adding at the end the following: “(h) Safety-Critical Airports.— Notwithstanding any other provision of this chapter, a grant under section 47117(e)(1)(B) may be made for a federally owned airport designated under subsection (a) if the grant is for a project that is— “(1) to preserve or enhance minimum airfield infrastructure facilities described in subsection (c)(3); and “(2) necessary to meet the minimum safety and emergency operational requirements established under part 139 of title 14, Code of Federal Regulations.” .

  22. FAA Reauthorization Act of 2018

    Pub. L. 115–254 div. B title I § 137 · 132 Stat. 3187

    Added · 49 U.S.C. § 47118(a)(3)

    Pub. L. 115–254 added par. (3)

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 115–254 added par. (3).

    Enacted provision · exact public law section
    SEC. 137. FORMER MILITARY AIRPORTS.   Section 47118(a) of title 49, United States Code, is amended— (1) in paragraph (1)(C), by striking “or” at the end; (2) in paragraph (2), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following: “(3) the airport is— “(A) a former military installation that, at any time after December 31, 1965, was owned and operated by the Department of Defense; and “(B) a nonhub primary airport.” .

34 of 34 references resolved to an enrolled provision

Notes

historicalAndRevision
Historical and Revision Notes
Pub. L. 103–272
RevisedSectionSource (U.S. Code)Source (Statutes at Large)
47118(a)49 App.:2207(f)(1).Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 508(f)(1); added Nov. 5, 1990, Pub. L. 101–508, § 9109(c), 104 Stat. 1388–356; Oct. 31, 1992, Pub. L. 102–581, § 107(b), 106 Stat. 4878.
47118(b)49 App.:2207(f)(2).Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 508(f)(2)–(5); added Nov. 5, 1990, Pub. L. 101–508, § 9109(c), 104 Stat. 1388–356.
47118(c)49 App.:2207(f)(3).
47118(d)49 App.:2207(f)(4).
47118(e)49 App.:2207(f)(5).
47118(f)49 App.:2207(f)(6).Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 508(f)(6); added Oct. 31, 1992, Pub. L. 102–581, § 107(c)(1), 106 Stat. 4878.

In subsection (d), the word “Grants” is substituted for “to participate in the program”, and the word “grants” is substituted for “participation in the program”, for clarity and consistency and to eliminate unnecessary words.

In subsection (e), before clause (1), the words “at the discretion” and “with Federal funding” are omitted as surplus.

Pub. L. 104–287, § 5(83)(A)

This sets out the date of enactment of 49:47118(a) (last sentence).

Pub. L. 104–287, § 5(83)(B)

This makes a clarifying amendment to 49:47118(e) because 49:47109(c) was struck by section 114(b) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1579).

Editorial Notes

References in Text

Section 201 of the Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsec. (a)(1)(B), is section 201 of Pub. L. 100–526, which is set out in a note under section 2687 of Title 10, Armed Forces.

Section 2905 of the Defense Base Closure and Realignment Act of 1990, referred to in subsec. (a)(1)(C), is section 2905 of Pub. L. 101–510, which is set out in a note under section 2687 of Title 10.

Amendments1994–2018 · 6 rounds

2018

Subsec. (a)(3). Pub. L. 115–254 added par. (3).

2012

Subsec. (c)(3). Pub. L. 112–95, § 146(a), added par. (3).

Subsec. (g). Pub. L. 112–95, § 146(b), substituted “Airports” for “Airport” in heading and “3 of the airports bearing designations under subsection (a) may be general aviation airports that were former military installations” for “one of the airports bearing a designation under subsection (a) may be a general aviation airport that was a former military installation” in text.

Subsec. (h). Pub. L. 112–95, § 146(c), added subsec. (h).

2003

Subsec. (e). Pub. L. 108–176, § 153(1), substituted “From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available” for “Not more than $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for a fiscal year is available” in introductory provisions.

Subsec. (f). Pub. L. 108–176, § 153(2), (3), inserted par. (1) designation and heading, substituted “From amounts the Secretary distributes to an airport under section 47115, $10,000,000 for each of fiscal years 2004 and 2005, and $7,000,000 for each fiscal year thereafter, is available” for “Not more than a total of $7,000,000 for each airport from amounts the Secretary distributes under section 47115 of this title for fiscal years beginning after , is available”, and added par. (2).

2000

Subsec. (a). Pub. L. 106–181, § 130(a)(1)(A), substituted “15” for “12” in introductory provisions.

Subsec. (a)(2). Pub. L. 106–181, § 130(a)(1)(B), added par. (2) and struck out former par. (2) which read as follows: “the Secretary finds that such grants would—

“(A) reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings; or

“(B) enhance airport and air traffic control system capacity in a metropolitan area or reduce current and projected flight delays.”

Subsec. (c). Pub. L. 106–181, § 130(a)(2), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: “In carrying out this section, the Secretary shall consider only current or former military airports that, when at least partly converted to civilian commercial or reliever airports as part of the national air transportation system, will enhance airport and air traffic control system capacity in major metropolitan areas and reduce current and projected flight delays.”

Subsec. (d). Pub. L. 106–181, § 130(a)(3), substituted “47117(e)(1)(B)” for “47117(e)(1)(E)”, “periods, each not to exceed 5 fiscal years,” for “5-fiscal-year periods”, and “each such subsequent period” for “each such subsequent 5-fiscal-year period”.

Subsec. (e). Pub. L. 106–181, § 130(b), substituted “$7,000,000” for “$5,000,000”.

Subsec. (f). Pub. L. 106–181, § 130(c), in heading, substituted “Hangars, and Air Cargo Terminals” for “and Hangars” and, in text, substituted “$7,000,000” for “$4,000,000” and inserted “and air cargo terminals of an area that is 50,000 square feet or less” before period at end.

Subsec. (g). Pub. L. 106–181, § 130(a)(4), added subsec. (g).

1996

Subsec. (a). Pub. L. 104–287, § 5(83)(A), which directed amendment of subsec. (a) by substituting “before ” for “on or before the date of the enactment of this sentence”, could not be executed because the phrase to be amended did not appear subsequent to amendment by Pub. L. 104–264, § 124(a). See below.

Pub. L. 104–264, § 124(a), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows:

“(a) General Requirements.—The Secretary of Transportation shall designate not more than 15 current or former military airports for which grants may be made under section 47117(e)(1)(E) of this title. The Secretary may only designate an airport for such grants (other than an airport designated for such grants on or before the date of the enactment of this sentence) if the Secretary finds that grants under such section for projects at such airport would reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.”

Subsec. (d). Pub. L. 104–264, § 124(b), substituted “designation, and for subsequent 5-fiscal-year periods if the Secretary determines that the airport satisfies the designation criteria under subsection (a) at the beginning of each such subsequent 5-fiscal-year period.” for “designation.”

Subsec. (e). Pub. L. 104–287, § 5(83)(B), substituted “Not” for “Notwithstanding section 47109(c) of this title, not”.

Subsec. (f). Pub. L. 104–264, § 124(c), amended subsec. (f) by substituting “Utilities, and Hangars” for “and Utilities” in heading and “for fiscal years beginning after ,” for “for the fiscal years ending –1996,” and “utilities, and hangars” for “and utilities” in text.

1994

Subsec. (a). Pub. L. 103–305, § 116(b), substituted “15” for “12” and inserted at end “The Secretary may only designate an airport for such grants (other than an airport designated for such grants on or before the date of the enactment of this sentence) if the Secretary finds that grants under such section for projects at such airport would reduce delays at an airport with more than 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.”

Subsec. (d). Pub. L. 103–305, § 116(c), struck out at end “If an airport does not have a level of passengers getting on aircraft during that 5-year period that qualifies the airport as a small hub airport (as defined on ) or reliever airport, the Secretary may redesignate the airport for grants for additional fiscal years that the Secretary decides.”

Subsec. (f). Pub. L. 103–305, § 116(d), substituted “–1996” for “–1995”.

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after , 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 , see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective Date of 1996 Amendments

Amendment by section 5(83)(A) of Pub. L. 104–287 effective , see section 8(2) of Pub. L. 104–287, as amended, set out as a note under section 47117 of this title.

Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after , and not to be construed as affecting funds made available for a fiscal year ending before , see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

Credits

1994–2018 · 8 acts
  1. 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1273
  2. 1994Pub. L. 103–305, title I, § 116(b)–(d), , 108 Stat. 1579
  3. 1996Pub. L. 104–264, title I, § 124(a)–(c), , 110 Stat. 3219, 3220
  4. 1996Pub. L. 104–287, § 5(83), , 110 Stat. 3397
  5. 2000Pub. L. 106–181, title I, § 130, , 114 Stat. 78
  6. 2003Pub. L. 108–176, title I, § 153, , 117 Stat. 2507
  7. 2012Pub. L. 112–95, title I, § 146, , 126 Stat. 30
  8. 2018Pub. L. 115–254, div. B, title I, § 137, , 132 Stat. 3210.
Show as published

(Pub. L. 103–272, § 1(e), , 108 Stat. 1273; Pub. L. 103–305, title I, § 116(b)–(d), , 108 Stat. 1579; Pub. L. 104–264, title I, § 124(a)–(c), , 110 Stat. 3219, 3220; Pub. L. 104–287, § 5(83), , 110 Stat. 3397; Pub. L. 106–181, title I, § 130, , 114 Stat. 78; Pub. L. 108–176, title I, § 153, , 117 Stat. 2507; Pub. L. 112–95, title I, § 146, , 126 Stat. 30; Pub. L. 115–254, div. B, title I, § 137, , 132 Stat. 3210.)

Parsed from the official OLRC USLM XML in data/usc_all/usc49.xml · release point 119-108 · OLRC build 2026-05-04

USLM identifier /us/usc/t49/s47118