Title 49 — Transportation
Part B · Chapter 471 — Airport Development
§ 47128. State block grant program
Statutory text
General Requirements.—
The Secretary of Transportation shall issue guidance to carry out a State block grant program. The guidance shall provide that the Secretary may designate not more than 20 qualified States for each fiscal year to assume administrative responsibility for all airport grant amounts available under this subchapter, except for amounts designated for use at primary airports.
Applications and Selection.—
A State wishing to participate in the program must submit an application to the Secretary. The Secretary shall select a State on the basis of its application only after—
deciding the State has an organization capable of effectively administering a block grant made under this section;
deciding the State uses a satisfactory airport system planning process;
deciding the State uses a programming process acceptable to the Secretary;
finding that the State has agreed to comply with United States Government standard requirements for administering the block grant, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements; and
finding that the State has agreed to provide the Secretary with program information the Secretary requires.
Safety and Security Needs and Needs of System.—
Before deciding whether a planning process is satisfactory or a programming process is acceptable under subsection (b)(2) or (b)(3) of this section, the Secretary shall ensure that the process provides for meeting critical safety and security needs and that the programming process ensures that the needs of the national airport system will be addressed in deciding which projects will receive money from the Government. In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system.
Environmental Analysis and Coordination Requirements.—
A Federal agency, other than the Federal Aviation Administration, that is responsible for issuing an approval, license, or permit to ensure compliance with a Federal environmental requirement applicable to a project or activity to be carried out by a State using amounts from a block grant made under this section shall—
coordinate and consult with the State;
use the environmental analysis prepared by the State for the project or activity if such analysis is adequate; and
as necessary, consult with the State to describe the supplemental analysis the State must provide to meet applicable Federal requirements.
Training for Participating States.—
In general.—
The Secretary shall provide to each State participating in the block grant program under this section training or updated training materials for the administrative responsibilities assumed by the State under such program at no cost to the State.
Timing.—
The training or updated training materials provided under paragraph (1) shall be provided at least once during each 2-year period and at any time there is a material change in the program.
Roles and Responsibilities of Participating States.—
Airports.—
Unless a State participating in the block grant program under this section expressly agrees in a memorandum of agreement, the Secretary shall not require the State to manage functions and responsibilities for airport actions or projects that do not relate to such program.
Program documentation.—
In general.—
Any grant agreement providing funds to be administered under such program shall be consistent with the most recently executed memorandum of agreement between the State and the Federal Aviation Administration.
Parity.—
The Administrator of the Federal Aviation Administration shall provide parity to participating States and shall only require the same type of information and level of detail for any program agreements and documentation that the Administrator would perform with respect to such action if the State did not participate in the program.
Responsibilities.—
Unless the State expressly agrees to retain responsibility, the Administrator shall retain responsibility for the following:
Grant compliance investigations, determinations, and enforcement.
Obstruction evaluation and airport airspace analysis, determinations, and enforcement off airport property.
Non-rulemaking analysis, determinations, and enforcement for proposed improvements on airport properties not associated with this subchapter, or off airport property.
Land use determinations, compatibility planning, and airport layout plan review and approval (consistent with section 47107(x)) for projects not funded by amounts available under this subchapter.
Nonaeronautical and special event recommendations and approvals.
Instrument approach procedure evaluations and determinations.
Environmental review for projects not funded by amounts available under this subchapter.
Review and approval of land leases, land releases, changes in on-airport land-use designation, and through-the-fence agreements.
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.
Pub. L. 103–272 § 1(e) · 108 Stat. 745
Enacted · 49 U.S.C. § 47128
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1277
Source evidence
Code source credit
Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1277Enacted 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:Pub. L. 103–429 § 6(70) · 108 Stat. 4377
Substituted · 49 U.S.C. § 47128(c)
Pub. L. 103–429 substituted “subsection (b)(1)(B) or (C)” for “subsection (b)(2) or (3)”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 103–429 substituted “subsection (b)(1)(B) or (C)” for “subsection (b)(2) or (3)”.Enacted provision · exact public law section
(70) In section 47128(c), strike “subsection (b)(2) or (3)” and substitute “subsection (b)(1)(B) or (C)”.Pub. L. 104–264 § 147(c)(1)(A) · 110 Stat. 3213
Substituted · 49 U.S.C. § 47128
Pub. L. 104–264, § 147(c)(1)(A), substituted “grant program” for “grant pilot program” in section catchline
Source evidence
Code amendment note
Pub. L. 104–264, § 147(c)(1)(A), substituted “grant program” for “grant pilot program” in section catchline.Enacted provision · exact public law section
(A) by striking “pilot” in the section heading;Pub. L. 104–264 § 147(a)(1) · 110 Stat. 3213
Substituted · 49 U.S.C. § 47128(a)
Pub. L. 104–264, § 147(a)(1), (c)(1)(B), substituted “block grant program” for “block grant pilot program”
Substituted · 49 U.S.C. § 47128(a)
Pub. L. 104–264, § 147(a)(1), (c)(1)(B), substituted “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter” for “7 qualified States”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–264, § 147(a)(1), (c)(1)(B), substituted “block grant program” for “block grant pilot program” and “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter” for “7 qualified States”.Enacted provision · exact public law section
(1) in subsection (a) by striking “7 qualified States” and inserting “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter”;Pub. L. 104–264 § 147(a)(2) · 110 Stat. 3213
Struck · 49 U.S.C. § 47128(b)
Pub. L. 104–264, § 147(a)(2), (3), struck out “(1)” before “A State wishing”
Redesignated · 49 U.S.C. § 47128(b)
Pub. L. 104–264, § 147(a)(2), (3), redesignated subpars. (A) to (E) as pars. (1) to (5), respectively
Struck · 49 U.S.C. § 47128(b)
Pub. L. 104–264, § 147(a)(2), (3), struck out former par. (2) which read as follows: “For the fiscal years ending September 30, 1993–1996, the States selected shall include Illinois, Missouri, and North Carolina.”
Source evidence
Code amendment note
Subsec. (b). Pub. L. 104–264, § 147(a)(2), (3), struck out “(1)” before “A State wishing”, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and struck out former par. (2) which read as follows: “For the fiscal years ending September 30, 1993–1996, the States selected shall include Illinois, Missouri, and North Carolina.”Enacted provision · exact public law section
(2) in subsection (b)(1)— (A) by striking “(1)”; and (B) by redesignating subparagraphs (A) through (E) as paragraphs (1) through (5), respectively; andPub. L. 104–264 § 147(b) · 110 Stat. 3213
Substituted · 49 U.S.C. § 47128(c)
Pub. L. 104–264, § 147(b), substituted “(b)(2) or (b)(3)” for “(b)(1)(B) or (C)”
Inserted · 49 U.S.C. § 47128(c)
Pub. L. 104–264, § 147(b), inserted at end “In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system.”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–264, § 147(b), substituted “(b)(2) or (b)(3)” for “(b)(1)(B) or (C)” and inserted at end “In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system.”Enacted provision · exact public law section
(b) Use of State Priority System.— Section 47128(c) is amended— (1) by striking “(b)(1)(B) or (C)” and inserting “(b)(2) or (b)(3)”; and (2) by adding at the end the following: “In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system.”.Pub. L. 104–264 § 147(c)(1)(C) · 110 Stat. 3213
Struck · 49 U.S.C. § 47128(d)
Pub. L. 104–264, § 147(c)(1)(C), struck out subsec. (d) which read as follows:
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 104–264, § 147(c)(1)(C), struck out subsec. (d) which read as follows:“(d) Ending Effective Date and Report.—This section is effective only through September 30, 1996.”
Enacted provision · exact public law section
(C) by striking subsection (d).Pub. L. 104–287 § 5(84) · 110 Stat. 3388
Repealed · 49 U.S.C. § 47128(d)
Pub. L. 104–287, § 5(84), which directed amendment of heading by striking “and report”, was repealed by Pub. L. 105–102
Source evidence
Code amendment note
Subsec. (d). Pub. L. 104–287, § 5(84), which directed amendment of heading by striking “and report”, was repealed by Pub. L. 105–102.Enacted provision · exact public law section
(84) In the catchline for section 47128(d), strike “AND Report”.Pub. L. 105–102 § 3(d)(1)(E) · 111 Stat. 2204
Repealed · 49 U.S.C. § 47128(d)
Pub. L. 105–102 repealed Pub. L. 104–287, § 5(84). See 1996 Amendment note below
Source evidence
Code amendment note
Subsec. (d). Pub. L. 105–102 repealed Pub. L. 104–287, § 5(84). See 1996 Amendment note below.Enacted provision · exact public law section
(E) Clause (84) is repealed. 49 USC 47128.Wendell H. Ford Aviation Investment and Reform Act for the 21st Century
Pub. L. 106–181 title I § 138 · 114 Stat. 61
Substituted · 49 U.S.C. § 47128(a)
Pub. L. 106–181 substituted “9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter” for “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–181 substituted “9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter” for “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter”.Enacted provision · exact public law section
SEC. 138. STATE BLOCK GRANT PROGRAM. Section 47128(a) is amended by striking “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter” and insert “9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter”.Effective date note
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 502(a) · 126 Stat. 11
Substituted · 49 U.S.C. § 47128(a)
Pub. L. 112–95, § 502(a), substituted “issue guidance” for “prescribe regulations” in second sentence
Substituted · 49 U.S.C. § 47128(a)
Pub. L. 112–95, § 502(a), substituted “guidance” for “regulations” in second sentence
Source evidence
Code amendment note
Subsec. (a). Pub. L. 112–95, § 502(a), substituted “issue guidance” for “prescribe regulations” in first sentence and “guidance” for “regulations” in second sentence.Enacted provision · exact public law section
(a) General Requirements.— Section 47128(a) is amended— (1) in the first sentence by striking “prescribe regulations” and inserting “issue guidance”; and (2) in the second sentence by striking “regulations” and inserting “guidance”.FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 502(b) · 126 Stat. 11
Inserted · 49 U.S.C. § 47128(b)(4)
Pub. L. 112–95, § 502(b), inserted before semicolon “, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 112–95, § 502(b), inserted before semicolon “, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements”.Enacted provision · exact public law section
(b) Applications and Selection.— Section 47128(b)(4) is amended by inserting before the semicolon the following: “, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements”.FAA Modernization and Reform Act of 2012
Pub. L. 112–95 § 502(c) · 126 Stat. 11
Added · 49 U.S.C. § 47128(d)
Pub. L. 112–95, § 502(c), added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 112–95, § 502(c), added subsec. (d).Enacted provision · exact public law section
(c) Environmental Analysis and Coordination Requirements.— Section 47128 is amended by adding at the end the following: “(d) Environmental Analysis and Coordination Requirements.— A Federal agency, other than the Federal Aviation Administration, that is responsible for issuing an approval, license, or permit to ensure compliance with a Federal environmental requirement applicable to a project or activity to be carried out by a State using amounts from a block grant made under this section shall— “(1) coordinate and consult with the State; “(2) use the environmental analysis prepared by the State for the project or activity if such analysis is adequate; and “(3) as necessary, consult with the State to describe the supplemental analysis the State must provide to meet applicable Federal requirements.” .FAA Reauthorization Act of 2018
Pub. L. 115–254 div. B title I § 139 · 132 Stat. 3187
Substituted · 49 U.S.C. § 47128(a)
Pub. L. 115–254 substituted “not more than 20 qualified States for each fiscal year” for “not more than 9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 115–254 substituted “not more than 20 qualified States for each fiscal year” for “not more than 9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter”.Enacted provision · exact public law section
SEC. 139. STATE BLOCK GRANT PROGRAM EXPANSION. Section 47128(a) of title 49, United States Code, is amended by striking “not more than 9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter” and inserting “not more than 20 qualified States for each fiscal year”.Pub. L. 118–63 § 720(a) · 138 Stat. 1262
Added · 49 U.S.C. § 47128(e)
Pub. L. 118–63, § 720(a), added subsec. (e)
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (e). Pub. L. 118–63, § 720(a), added subsec. (e).Pub. L. 118–63 § 720(b) · 138 Stat. 1262
Added · 49 U.S.C. § 47128(f)
Pub. L. 118–63, § 720(b), added subsec. (f)
Unresolved: Pub. L. 118–63 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (f). Pub. L. 118–63, § 720(b), added subsec. (f).
19 of 21 references resolved to an enrolled provision · 2 unresolved
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Pub. L. 103–272 | ||
| RevisedSection | Source (U.S. Code) | Source (Statutes at Large) |
| 47128(a) | 49 App.:2227(a) (1st sentence), (b) (1st sentence). | Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 534; added Dec. 30, 1987, Pub. L. 100–223, § 116, 101 Stat. 1507; Nov. 5, 1990, Pub. L. 101–508, § 9114, 104 Stat. 1388–364; Oct. 31, 1992, Pub. L. 102–581, § 116, 106 Stat. 4881. |
| 47128(b)(1) | 49 App.:2227(c) (1st, 2d sentences). | |
| 47128(b)(2) | 49 App.:2227(b) (last sentence). | |
| 47128(c) | 49 App.:2227(c) (last sentence). | |
| 47128(d) | 49 App.:2227(a) (last sentence), (d). | |
In subsection (a), the words “Not later than 180 days after ” and “to become effective on ” are omitted as obsolete.
In subsection (b)(1)(A), the words “agency or” are omitted as surplus.
In subsection (b)(1)(D), the words “procedural and other” are omitted as surplus.
In subsection (d), the text of 49 App.:2227(d) is omitted as executed.
Pub. L. 103–429
This amends 49:47128(c) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1278).
Pub. L. 104–287
This makes a clarifying amendment to the catchline for 49:47128(d).
Editorial Notes
References in Text
The National Environmental Policy Act of 1969, referred to in subsec. (b)(4), is Pub. L. 91–190, , 83 Stat. 852, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.
Amendments1994–2024 · 7 rounds
2024
Subsec. (e). Pub. L. 118–63, § 720(a), added subsec. (e).
Subsec. (f). Pub. L. 118–63, § 720(b), added subsec. (f).
2018
Subsec. (a). Pub. L. 115–254 substituted “not more than 20 qualified States for each fiscal year” for “not more than 9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter”.
2012
Subsec. (a). Pub. L. 112–95, § 502(a), substituted “issue guidance” for “prescribe regulations” in first sentence and “guidance” for “regulations” in second sentence.
Subsec. (b)(4). Pub. L. 112–95, § 502(b), inserted before semicolon “, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements”.
Subsec. (d). Pub. L. 112–95, § 502(c), added subsec. (d).
2000
Subsec. (a). Pub. L. 106–181 substituted “9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter” for “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter”.
1997
Subsec. (d). Pub. L. 105–102 repealed Pub. L. 104–287, § 5(84). See 1996 Amendment note below.
1996
Pub. L. 104–264, § 147(c)(1)(A), substituted “grant program” for “grant pilot program” in section catchline.
Subsec. (a). Pub. L. 104–264, § 147(a)(1), (c)(1)(B), substituted “block grant program” for “block grant pilot program” and “8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter” for “7 qualified States”.
Subsec. (b). Pub. L. 104–264, § 147(a)(2), (3), struck out “(1)” before “A State wishing”, redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and struck out former par. (2) which read as follows: “For the fiscal years ending –1996, the States selected shall include Illinois, Missouri, and North Carolina.”
Subsec. (c). Pub. L. 104–264, § 147(b), substituted “(b)(2) or (b)(3)” for “(b)(1)(B) or (C)” and inserted at end “In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system.”
Subsec. (d). Pub. L. 104–287, § 5(84), which directed amendment of heading by striking “and report”, was repealed by Pub. L. 105–102.
Pub. L. 104–264, § 147(c)(1)(C), struck out subsec. (d) which read as follows:
“(d) Ending Effective Date and Report.—This section is effective only through .”
1994
Subsec. (c). Pub. L. 103–429 substituted “subsection (b)(1)(B) or (C)” for “subsection (b)(2) or (3)”.
Statutory Notes and Related Subsidiaries
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 1997 Amendment
Pub. L. 105–102, § 3(d), , 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(E) is effective .
Amendment by Pub. L. 105–102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105–102, set out as a note under section 106 of this title.
Effective Date of 1996 Amendment
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.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103–429 effective , see section 9 of Pub. L. 103–429, set out as a note under section 321 of this title.
Credits
1994–2024 · 9 acts
- 1994Pub. L. 103–272, § 1(e), , 108 Stat. 1277
- 1994Pub. L. 103–429, § 6(70), , 108 Stat. 4387
- 1996Pub. L. 104–264, title I, § 147(a)–(c)(1), , 110 Stat. 3223
- 1996Pub. L. 104–287, § 5(84), , 110 Stat. 3397
- 1997Pub. L. 105–102, § 3(d)(1)(E), , 111 Stat. 2215
- 2000Pub. L. 106–181, title I, § 138, , 114 Stat. 85
- 2012Pub. L. 112–95, title V, § 502, , 126 Stat. 103
- 2018Pub. L. 115–254, div. B, title I, § 139, , 132 Stat. 3210
- 2024Pub. L. 118–63, title VII, § 720(a), (b), , 138 Stat. 1262.
Show as published
(Pub. L. 103–272, § 1(e), , 108 Stat. 1277; Pub. L. 103–429, § 6(70), , 108 Stat. 4387; Pub. L. 104–264, title I, § 147(a)–(c)(1), , 110 Stat. 3223; Pub. L. 104–287, § 5(84), , 110 Stat. 3397; Pub. L. 105–102, § 3(d)(1)(E), , 111 Stat. 2215; Pub. L. 106–181, title I, § 138, , 114 Stat. 85; Pub. L. 112–95, title V, § 502, , 126 Stat. 103; Pub. L. 115–254, div. B, title I, § 139, , 132 Stat. 3210; Pub. L. 118–63, title VII, § 720(a), (b), , 138 Stat. 1262.)