[DOCID:usc49-1027]
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 16, 1996]
[Document not affected by Public Laws enacted between
  January 16, 1996 and May 14, 1998]
[CITE: 49USC47119]

 
                        TITLE 49--TRANSPORTATION

 
                     SUBTITLE VII--AVIATION PROGRAMS

 
                  PART B--AIRPORT DEVELOPMENT AND NOISE

 
                    CHAPTER 471--AIRPORT DEVELOPMENT

 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT

 
Sec. 47119. Terminal development costs



    (a) Repaying Borrowed Money.--An amount apportioned under section 

47114 of this title and made available to the sponsor of an air carrier 

airport at which terminal development was carried out after June 30, 

1970, and before July 12, 1976, or, in the case of a commercial service 

airport which annually had less than 0.05 percent of the total 

enplanements in the United States, between January 1, 1992, and October 

31, 1992, is available to repay immediately money borrowed and used to 

pay the costs for terminal development at the airport, if those costs 

would be allowable project costs under section 47110(d) of this title if 

they had been incurred after September 3, 1982. An amount is available 

for a grant under this subsection--

        (1) only if--

            (A) the sponsor submits the certification required under 

        section 47110(d) of this title;

            (B) the Secretary of Transportation decides that using the 

        amount to repay the borrowed money will not defer an airport 

        development project outside the terminal area at that airport; 

        and

            (C) amounts available for airport development under this 

        subchapter will not be used for additional terminal development 

        projects at the airport for at least 3 years beginning on the 

        date the grant is used to repay the borrowed money; and



        (2) subject to the limitations in subsection (b)(1) and (2) of 

    this section.



    (b) Availability of Amounts.--In a fiscal year, the Secretary may 

make available--

        (1) to a sponsor of a primary airport, any part of amounts 

    apportioned to the sponsor for the fiscal year under section 

    47114(c)(1) of this title to pay project costs allowable under 

    section 47110(d) of this title;

        (2) on approval of the Secretary, not more than $200,000 of the 

    amount that may be distributed for the fiscal year from the 

    discretionary fund established under section 47115 of this title--

            (A) to a sponsor of a nonprimary commercial service airport 

        to pay project costs allowable under section 47110(d) of this 

        title; and

            (B) to a sponsor of a reliever airport for the types of 

        project costs allowable under section 47110(d), including 

        project costs allowable for a commercial service airport that 

        each year does not have more than .05 percent of the total 

        boardings in the United States;



        (3) for use by a primary airport that each year does not have 

    more than .05 percent of the total boardings in the United States, 

    any part of amounts that may be distributed for the fiscal year from 

    the discretionary fund and small airport fund to pay project costs 

    allowable under section 47110(d) of this title; or

        (4) not more than $25,000,000 to pay project costs allowable for 

    the fiscal year under section 47110(d) of this title for projects at 

    commercial service airports that were not eligible for assistance 

    for terminal development during the fiscal year ending September 30, 

    1980, under section 20(b) of the Airport and Airway Development Act 

    of 1970.



    (c) Nonhub Airports.--With respect to a project at a commercial 

service airport which annually has less than 0.05 percent of the total 

enplanements in the United States, the Secretary may approve the use of 

the amounts described in subsection (a) notwithstanding the requirements 

of sections 47107(a)(17), 47112, and 47113.



(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1274; Pub. L. 103-

305, title I, Sec. 117, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103-429, 

Sec. 6(69), Oct. 31, 1994, 108 Stat. 4387.)



                                          Historical and Revision Notes                                         

                                                 Pub. L. 103-272                                                

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

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

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

47119(a)..............................  49 App.:2212(b)(4).              Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          513(b)(4), 96 Stat. 690; Dec. 30,     

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

                                                                          106(b)(5)(B), 101 Stat. 1498.         

47119(b)..............................  49 App.:2212(b)(2).              Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          513(b)(2), 96 Stat. 690; Dec. 30,     

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

                                                                          106(b)(5)(A), 111(a)(1), 101 Stat.    

                                                                          1498, 1503.                           

                                        49 App.:2212(b)(3).              Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          513(b)(3), 96 Stat. 690.              

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



    In subsection (a), before clause (1), the words ``(within the 

meaning of section 11(1) of the Airport and Airway Development Act of 

1970 [49 App. U.S.C. 1711(1)] as in effect immediately before September 

3, 1982)'' are omitted because of the definition of ``air carrier 

airport'' in section 47102 of the revised title. The words ``after June 

30, 1970'' are substituted for ``on or after July 1, 1970'' for 

consistency in the revised title and with other titles of the United 

States Code and to eliminate unnecessary words. The words ``to repay 

immediately money borrowed and used to pay the costs for terminal 

development at the airport, if those costs would be allowable project 

costs under section 47110(d) of this title'' are substituted for ``for 

the immediate retirement of the principal of bonds or other evidences of 

indebtedness the proceeds of which were used for that part of the 

terminal development at such airport the cost of which would be 

allowable under paragraph (1) of this subsection'' for clarity and to 

eliminate unnecessary words.

    In subsection (b), before clause (1), the words ``In a fiscal year'' 

are added for clarity. In clause (2), the words ``from the discretionary 

fund'' are substituted for ``sums to be distributed at the discretion of 

the Secretary under section 2206(c) of this Appendix'' for clarity and 

consistency in this chapter. In clause (3), the words ``for projects'' 

are added for clarity.



                                                 Pub. L. 103-429                                                

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

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

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

47119(b)..............................  49 App.:2212(b)(2).              Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          513(b)(2), as amended May 26, 1994,   

                                                                          Pub. L. 103-260, Sec.  107, 108 Stat. 

                                                                          700.                                  

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



    In subsection (b)(3), the words ``from the discretionary fund and 

small airport fund'' are substituted for ``sums to be distributed at the 

discretion of the Secretary under section 2206(c) and 2206(d) of this 

Appendix'' for clarity and consistency in this chapter.



                       References in Text



    Section 20(b) of the Airport and Airway Development Act of 1970, 

referred to in subsec. (b)(4), is section 20(b) of Pub. L. 91-258, which 

was classified to section 1720(b) of former Title 49, Transportation, 

prior to repeal by Pub. L. 97-248, title V, Sec. 523(a), Sept. 3, 1982, 

96 Stat. 695.





                               Amendments



    1994--Subsec. (a). Pub. L. 103-305, Sec. 117(1), inserted ``or, in 

the case of a commercial service airport which annually had less than 

0.05 percent of the total enplanements in the United States, between 

January 1, 1992, and October 31, 1992,'' after ``July 12, 1976,''.

    Subsec. (b)(2). Pub. L. 103-429, Sec. 6(69)(B), added par. (2) and 

struck out former par. (2) which read as follows: ``to a sponsor of a 

nonprimary commercial service airport, not more than $200,000 of the 

amount that may be distributed for the fiscal year from the 

discretionary fund to pay project costs allowable under section 47110(d) 

of this title; or''.

    Subsec. (b)(3). Pub. L. 103-429, Sec. 6(69)(B), added par. (3). 

Former par. (3) redesignated (4).

    Subsec. (b)(4). Pub. L. 103-429, Sec. 6(69)(A), redesignated par. 

(3) as (4).

    Subsec. (c). Pub. L. 103-305, Sec. 117(2), added subsec. (c).


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