[DOCID:usc49-1025]
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document affected by Public Law 104-264 Section 123]
[Document affected by Public Law 104-264 Section 124(d)]
[Document affected by Public Law 104-287 Section 5(82)]
[Document affected by Public Law 105-102 Section 3(c)(1),]
[Document affected by Public Law 105-102 Section 3(d)(2)(B)]
[Document affected by Public Law 104-287 Section 8(2)]
[CITE: 49USC47117]

 
                        TITLE 49--TRANSPORTATION

 
                     SUBTITLE VII--AVIATION PROGRAMS

 
                  PART B--AIRPORT DEVELOPMENT AND NOISE

 
                    CHAPTER 471--AIRPORT DEVELOPMENT

 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT

 
Sec. 47117. Use of apportioned amounts



    (a) Grant Purpose.--Except as provided in this section, an amount 

apportioned under section 47114(c)(1) or (d)(2) of this title is 

available for making grants for any purpose for which amounts are made 

available under section 48103 of this title.

    (b) Period of Availability.--An amount apportioned under section 

47114 of this title is available to be obligated for grants under the 

apportionment only during the fiscal year for which the amount was 

apportioned and the 2 fiscal years immediately after that year. If the 

amount is not obligated under the apportionment within that time, it 

shall be added to the discretionary fund.

    (c) Primary Airports.--(1) An amount apportioned to a sponsor of a 

primary airport under section 47114(c)(1) of this title is available for 

grants for any public-use airport of the sponsor included in the 

national plan of integrated airport systems.

    (2) 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.

    (d) State Use.--An amount apportioned to a State under--

        (1) section 47114(d)(2)(A) of this title is available for grants 

    for airports located in the State; and

        (2) section 47114(d)(2)(B) or (C) of this title is available for 

    grants for airports described in section 47114(d)(2)(B) or (C) and 

    located in the State.



    (e) Special Apportionment Categories.--(1) The Secretary shall use 

amounts made available under section 48103 of this title for each fiscal 

year as follows:

        (A) at least 5 percent for grants for reliever airports.

        (B) at least 12.5 percent for grants for airport noise 

    compatibility planning under section 47505(a)(2) of this title and 

    for carrying out noise compatibility programs under section 

    47504(c)(1) of this title.

        (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.

        (E) 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, to sponsors of current or 

    former military airports designated by the Secretary under section 

    47118(a) of this title for grants for developing current and former 

    military airports to improve the capacity of the national air 

    transportation system.



    (2) 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.

    (3) If the Secretary decides that an amount required to be used for 

grants under paragraph (1) of this subsection cannot be used for a 

fiscal year because there are insufficient qualified grant applications, 

the amount the Secretary determines cannot be used is available during 

the fiscal year for grants for other airports or for other purposes for 

which amounts are authorized for grants under section 48103 of this 

title.

    (f) Limitation for Commercial Service Airport in Alaska.--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.

    (g) 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(e) \1\ 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.

---------------------------------------------------------------------------

    \1\ See References in Text note below.

---------------------------------------------------------------------------

    (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.



    (h) Limiting Authority of Secretary.--The authority of the Secretary 

to make grants during a fiscal year from amounts that were apportioned 

for a prior fiscal year and remain available for approved airport 

development project grants under subsection (b) of this section may be 

impaired only by a law enacted after September 3, 1982, that expressly 

limits that authority.



(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1271; Pub. L. 103-

305, title I, Sec. 116(a), Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103-

429, Sec. 6(68), Oct. 31, 1994, 108 Stat. 4387.)



                                          Historical and Revision Notes                                         

                                                 Pub. L. 103-272                                                

----------------------------------------------------------------------------------------------------------------

            Revised Section                    Source (U.S. Code)               Source (Statutes at Large)      

----------------------------------------------------------------------------------------------------------------

47117(a)..............................  49 App.:2207(b)(1) (related to   Sept. 3, 1982, Pub. L. 97-248, Secs.   

                                         purposes for which funds may     506(e)(4), 508(b), 96 Stat. 679, 681. 

                                         be used).                                                              

                                        49 App.:2207(c) (1st sentence    Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                         related to purposes for which    508(c), 96 Stat. 682; Dec. 30, 1987,  

                                         funds are available).            Pub. L. 100-223, Sec.  106(b)(2)(C),  

                                                                          101 Stat. 1498.                       

47117(b)..............................  49 App.:2207(a).                 Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          508(a), 96 Stat. 681; Dec. 30, 1987,  

                                                                          Pub. L. 100-223, Sec.  106(b)(2)(A),  

                                                                          (B), 101 Stat. 1497.                  

47117(c)(1)...........................  49 App.:2207(b)(1) (related to                                          

                                         airports at which funds may be                                         

                                         used).                                                                 

47117(c)(2)...........................  49 App.:2207(b)(2).                                                     

47117(d)..............................  49 App.:2207(c) (1st sentence                                           

                                         related to airports at which                                           

                                         funds are available, last                                              

                                         sentence).                                                             

47117(e)..............................  49 App.:2202(a)(11).             Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          503(a)(11), 96 Stat. 673; Dec. 30,    

                                                                          1987, Pub. L. 100-223, Sec.           

                                                                          103(c)(1), 101 Stat. 1488.            

                                        49 App.:2207(d).                 Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          508(d), 96 Stat. 682; Dec. 30, 1987,  

                                                                          Pub. L. 100-223, Secs.  106(b)(2)(D), 

                                                                          107, 101 Stat. 1498; Nov. 5, 1990,    

                                                                          Pub. L. 101-508, Sec.  9109(b), 104   

                                                                          Stat. 1388-356; Oct. 31, 1992, Pub. L.

                                                                          102-581, Secs.  107(a), 108, 106 Stat.

                                                                          4878, 4879.                           

47117(f)..............................  49 App.:2206(b) (5)(D).          Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          507(b)(5)(D), 96 Stat. 679; Jan. 6,   

                                                                          1983, Pub. L. 97-424, Sec.  426(a),   

                                                                          (d), 96 Stat. 2167, 2168; restated    

                                                                          Dec. 30, 1987, Pub. L. 100-223, Sec.  

                                                                          106(a), 101 Stat. 1496.               

47117(g)..............................  49 App.:2207(e)(1).              Sept. 3, 1982, Pub. L. 97-248, 96 Stat.

                                                                          324, Sec.  508(e)(1); added Oct. 2,   

                                                                          1982, Pub. L. 97-276, Sec.  167, 96   

                                                                          Stat. 1204; Dec. 30, 1987, Pub. L. 100-

                                                                          223, Sec.  106(b)(2)(E), 101 Stat.    

                                                                          1498.                                 

                                        49 App.:2207(e)(2).              Sept. 3, 1982, Pub. L. 97-248, 96 Stat.

                                                                          324, Sec.  508(e)(2); added Oct. 2,   

                                                                          1982, Pub. L. 97-276, Sec.  167, 96   

                                                                          Stat. 1205.                           

47117(h)..............................  49 App.:2205(e)(4).                                                     

----------------------------------------------------------------------------------------------------------------



    In subsection (b), the words ``for grants'' are added, and the word 

``apportioned'' is substituted for ``first authorized to be obligated'', 

for clarity. The words ``established by section 2206(c) of this 

Appendix'' are omitted as surplus.

    In subsection (c)(2), the word ``if'' is substituted for ``on the 

condition that'' to eliminate unnecessary words. The word ``in'' is 

substituted for ``which is a part of'' for clarity.

    Subsection (d) is substituted for 49 App.:2207(c) (1st sentence 

related to airports at which funds are available) for clarity. The text 

of 49 App.:2207(c) (last sentence) is omitted as surplus because of 

section 47105(a) of the revised title.

    In subsection (e)(1), the words ``The Secretary shall use . . . (A) 

. . . for grants . . . (B) . . . for grants . . . (C) . . . for grants . 

. . (D) . . . for . . . grants . . . (E) . . . for grants'' are 

substituted for ``shall be distributed'' and ``shall be obligated'' for 

clarity and consistency in the revised title. Clause (C)(ii) is 

substituted for 49 App.:2207(d)(3)(B) and (C) to eliminate unnecessary 

words. In clause (E), the references to fiscal years 1991 and 1992 are 

omitted as obsolete.

    In subsection (e)(2), the words ``for each fiscal year'' are omitted 

as surplus.

    In subsection (e)(3), the words ``an amount required to be used for 

grants under paragraph (1) of this subsection cannot be used'' are 

substituted for ``he will not be able to distribute the amount of funds 

required to be distributed under paragraph (1), (2), (3), or (4) of this 

subsection'' for consistency. The words ``submitted in compliance with 

this chapter'' are omitted as surplus. The words ``cannot be used'' are 

substituted for ``will not be distributed'' for consistency. The words 

``for which amounts are'' are added for clarity and consistency in this 

chapter.

    Subsection (f) is substituted for 49 App.:2206(b)(5)(D) for clarity 

and consistency in the revised title.

    In subsection (g)(1), the words ``and (3)'' are omitted because 49 

App.:2207(e)(3) has expired. The words ``at his discretion'' are omitted 

as surplus.

    In subsection (g)(2)(A), the words ``made available'' are 

substituted for ``authorized'' for clarity.

    In subsection (h), the words ``to make grants'' are substituted for 

``to obligate to an airport by grant agreement'' for consistency in the 

revised title and to eliminate unnecessary words. The words ``the 

unobligated balance of'' are omitted as surplus. The words ``limits that 

authority'' are substituted for ``limits the application of this 

paragraph'' for clarity. The words ``in addition to the amounts 

authorized for that fiscal year by section 2204 of this Appendix'' are 

omitted as surplus.



                                                 Pub. L. 103-429                                                

----------------------------------------------------------------------------------------------------------------

            Revised Section                    Source (U.S. Code)               Source (Statutes at Large)      

----------------------------------------------------------------------------------------------------------------

47117(e)..............................  49 App.:2207(d).                 Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          508(d), as amended May 26, 1994, Pub. 

                                                                          L. 103-260, Sec.  105, 108 Stat. 699. 

----------------------------------------------------------------------------------------------------------------



                       References in Text



    Section 15(a)(3) of the Airport and Airway Development Act of 1970, 

referred to in subsec. (e)(1)(C)(ii), is section 15(a)(3) of Pub. L. 91-

258, which was classified to section 1715(a)(3) of former Title 49, 

Transportation, prior to repeal by Pub. L. 97-248, title V, Sec. 523(a), 

Sept. 3, 1982, 96 Stat. 695.

    Section 47105(e) of this title, referred to in subsec. (g)(1), was 

redesignated section 47105(f), and a new section 47105(e) added, by Pub. 

L. 103-305, title I, Sec. 107(a), Aug. 23, 1994, 108 Stat. 1572.





                               Amendments



    1994--Subsec. (e)(1)(A). Pub. L. 103-429, Sec. 6(68)(A), substituted 

``5 percent'' for ``10 percent''.

    Subsec. (e)(1)(C). Pub. L. 103-429, Sec. 6(68)(B), substituted ``1.5 

percent'' for ``2.5 percent'' in introductory provisions.

    Subsec. (e)(1)(D). Pub. L. 103-429, Sec. 6(68)(C), substituted ``.75 

percent'' for ``.5 percent''.

    Subsec. (e)(1)(E). Pub. L. 103-305 substituted ``, 1995, and 1996'' 

for ``, and 1995''.

    Subsec. (e)(2). Pub. L. 103-429, Sec. 6(68)(D), substituted ``1.5 

percent'' for ``2.5 percent''.



                  Section Referred to in Other Sections



    This section is referred to in sections 47104, 47114, 47115, 47118 

of this title.



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