[Laws in effect as of January 16, 1996]
[Document affected by Public Law 104-264 Section 141]
[Document affected by Public Law 104-264 Section 1203]
[Document affected by Public Law 104-264 Section 148]
[Document affected by Public Law 104-264 Section 142(c)]
[Document affected by Public Law 104-264 Section 147(c)(2)]
[Document affected by Public Law 104-264 Section 149(a)(2)]
[Document affected by Public Law 104-264 Section 804(c)]
[CITE: 49USC47101]
TITLE 49--TRANSPORTATION
SUBTITLE VII--AVIATION PROGRAMS
PART B--AIRPORT DEVELOPMENT AND NOISE
CHAPTER 471--AIRPORT DEVELOPMENT
SUBCHAPTER I--AIRPORT IMPROVEMENT
Sec. 47101. Policies
(a) General.--It is the policy of the United States--
(1) that the safe operation of the airport and airway system is
the highest aviation priority;
(2) that aviation facilities be constructed and operated to
minimize current and projected noise impact on nearby communities;
(3) to give special emphasis to developing reliever airports;
(4) that appropriate provisions should be made to make the
development and enhancement of cargo hub airports easier;
(5) to encourage the development of transportation systems that
use various modes of transportation in a way that will serve the
States and local communities efficiently and effectively;
(6) that airport development projects under this subchapter
provide for the protection and enhancement of natural resources and
the quality of the environment of the United States;
(7) that airport construction and improvement projects that
increase the capacity of facilities to accommodate passenger and
cargo traffic be undertaken to the maximum feasible extent so that
safety and efficiency increase and delays decrease;
(8) to ensure that nonaviation usage of the navigable airspace
be accommodated but not allowed to decrease the safety and capacity
of the airspace and airport system;
(9) that artificial restrictions on airport capacity--
(A) are not in the public interest;
(B) should be imposed to alleviate air traffic delays only
after other reasonably available and less burdensome
alternatives have been tried; and
(C) should not discriminate unjustly between categories and
classes of aircraft;
(10) that special emphasis should be placed on converting
appropriate former military air bases to civil use and identifying
and improving additional joint-use facilities;
(11) that the airport improvement program should be administered
to encourage projects that employ innovative technology, concepts,
and approaches that will promote safety, capacity, and efficiency
improvements in the construction of airports and in the air
transportation system (including the development and use of
innovative concrete and other materials in the construction of
airport facilities to minimize initial laydown costs, minimize time
out of service, and maximize lifecycle durability) and to encourage
and solicit innovative technology proposals and activities in the
expenditure of funding pursuant to this subchapter;
(12) that airport fees, rates, and charges must be reasonable
and may only be used for purposes not prohibited by this subchapter;
and
(13) that airports should be as self-sustaining as possible
under the circumstances existing at each particular airport and in
establishing new fees, rates, and charges, and generating revenues
from all sources, airport owners and operators should not seek to
create revenue surpluses that exceed the amounts to be used for
airport system purposes and for other purposes for which airport
revenues may be spent under section 47107(b)(1) of this title,
including reasonable reserves and other funds to facilitate
financing and cover contingencies.
(b) National Transportation Policy.--(1) It is a goal of the United
States to develop a national intermodal transportation system that
transports passengers and property in an efficient manner. The future
economic direction of the United States depends on its ability to
confront directly the enormous challenges of the global economy,
declining productivity growth, energy vulnerability, air pollution, and
the need to rebuild the infrastructure of the United States.
(2) United States leadership in the world economy, the expanding
wealth of the United States, the competitiveness of the industry of the
United States, the standard of living, and the quality of life are at
stake.
(3) A national intermodal transportation system is a coordinated,
flexible network of diverse but complementary forms of transportation
that transports passengers and property in the most efficient manner. By
reducing transportation costs, these intermodal systems will enhance the
ability of the industry of the United States to compete in the global
marketplace.
(4) All forms of transportation, including aviation and other
transportation systems of the future, will be full partners in the
effort to reduce energy consumption and air pollution while promoting
economic development.
(5) An intermodal transportation system consists of transportation
hubs that connect different forms of appropriate transportation and
provides users with the most efficient means of transportation and with
access to commercial centers, business locations, population centers,
and the vast rural areas of the United States, as well as providing
links to other forms of transportation and to intercity connections.
(6) Intermodality and flexibility are paramount issues in the
process of developing an integrated system that will obtain the optimum
yield of United States resources.
(7) The United States transportation infrastructure must be reshaped
to provide the economic underpinnings for the United States to compete
in the 21st century global economy. The United States can no longer rely
on the sheer size of its economy to dominate international economic
rivals and must recognize fully that its economy is no longer a separate
entity but is part of the global marketplace. The future economic
prosperity of the United States depends on its ability to compete in an
international marketplace that is teeming with competitors but in which
a full one-quarter of the economic activity of the United States takes
place.
(8) The United States must make a national commitment to rebuild its
infrastructure through development of a national intermodal
transportation system. The United States must provide the foundation for
its industries to improve productivity and their ability to compete in
the global economy with a system that will transport passengers and
property in an efficient manner.
(c) Capacity Expansion and Noise Abatement.--It is in the public
interest to recognize the effects of airport capacity expansion projects
on aircraft noise. Efforts to increase capacity through any means can
have an impact on surrounding communities. Noncompatible land uses
around airports must be reduced and efforts to mitigate noise must be
given a high priority.
(d) Consistency With Air Commerce and Safety Policies.--Each airport
and airway program should be carried out consistently with section
40101(a), (b), (d), and (f) of this title to foster competition, prevent
unfair methods of competition in air transportation, maintain essential
air transportation, and prevent unjust and discriminatory practices,
including as the practices may be applied between categories and classes
of aircraft.
(e) Adequacy of Navigation Aids and Airport Facilities.--This
subchapter should be carried out to provide adequate navigation aids and
airport facilities for places at which scheduled commercial air service
is provided. The facilities provided may include--
(1) reliever airports; and
(2) heliports designated by the Secretary of Transportation to
relieve congestion at commercial service airports by diverting
aircraft passengers from fixed-wing aircraft to helicopter carriers.
(f) Maximum Use of Safety Facilities.--This subchapter should be
carried out consistently with a comprehensive airspace system plan,
giving highest priority to commercial service airports, to maximize the
use of safety facilities, including installing, operating, and
maintaining, to the extent possible with available money and considering
other safety needs--
(1) electronic or visual vertical guidance on each runway;
(2) grooving or friction treatment of each primary and secondary
runway;
(3) distance-to-go signs for each primary and secondary runway;
(4) a precision approach system, a vertical visual guidance
system, and a full approach light system for each primary runway;
(5) a nonprecision instrument approach for each secondary
runway;
(6) runway end identifier lights on each runway that does not
have an approach light system;
(7) a surface movement radar system at each category III
airport;
(8) a taxiway lighting and sign system;
(9) runway edge lighting and marking; and
(10) radar approach coverage for each airport terminal area.
(g) Cooperation.--To carry out the policy of subsection (a)(5) of
this section, the Secretary of Transportation shall cooperate with State
and local officials in developing airport plans and programs that are
based on overall transportation needs. The airport plans and programs
shall be developed in coordination with other transportation planning
and considering comprehensive long-range land-use plans and overall
social, economic, environmental, system performance, and energy
conservation objectives. The process of developing airport plans and
programs shall be continuing, cooperative, and comprehensive to the
degree appropriate to the complexity of the transportation problems.
(h) Consultation.--To carry out the policy of subsection (a)(6) of
this section, the Secretary of Transportation shall consult with the
Secretary of the Interior and the Administrator of the Environmental
Protection Agency about any project included in a project grant
application involving the location of an airport or runway, or a major
runway extension, that may have a significant effect on--
(1) natural resources, including fish and wildlife;
(2) natural, scenic, and recreation assets;
(3) water and air quality; or
(4) another factor affecting the environment.
(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1246; Pub. L. 103-
305, title I, Secs. 104, 110, Aug. 23, 1994, 108 Stat. 1571, 1573; Pub.
L. 103-429, Sec. 6(62), Oct. 31, 1994, 108 Stat. 4385.)
Historical and Revision Notes
Pub. L. 103-272
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Revised Section Source (U.S. Code) Source (Statutes at Large)
----------------------------------------------------------------------------------------------------------------
47101(a)(1)........................... 49 App.:2201(a)(1), (2). Sept. 3, 1982, Pub. L. 97-248, Secs.
502(a)(1)-(3), (6), (b), 509(b)(5)
(1st sentence, last sentence words
before 11th comma), 96 Stat. 671, 672,
684.
49 App.:2201(a)(9). Sept. 3, 1982, Pub. L. 97-248, Sec.
502(a)(9), 96 Stat. 672; Dec. 30,
1987, Pub. L. 100-223, Sec.
102(b)(1), (c)(1), 101 Stat. 1487.
49 App.:2201(a)(10). Sept. 3, 1982, Pub. L. 97-248, Sec.
502(a)(10), 96 Stat. 672; Dec. 30,
1987, Pub. L. 100-223, Sec.
102(b)(1), (c)(2), 101 Stat. 1487.
47101(a)(2)........................... 49 App.:2201(a)(8). Sept. 3, 1982, Pub. L. 97-248, Sec.
502(a)(8), 96 Stat. 672; Dec. 30,
1987, Pub. L. 100-223, Sec.
102(b)(1), 101 Stat. 1487.
47101(a)(3)........................... 49 App.:2201(a)(6).
47101(a)(4)........................... 49 App.:2201(a)(7). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 502(a)(7); added Dec. 30,
1987, Pub. L. 100-223, Sec.
102(b)(2), 101 Stat. 1487.
47101(a)(5)........................... 49 App.:2201(b) (1st sentence).
47101(a)(6)........................... 49 App.:2208(b)(5) (1st
sentence).
47101(a)(7)........................... 49 App.:2201(a)(11). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 502(a)(11); added Dec. 30,
1987, Pub. L. 100-223, Sec.
102(c)(3), 101 Stat. 1488.
47101(a)(8)........................... 49 App.:2201(a)(12). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 502(a)(12); added Dec. 30,
1987, Pub. L. 100-223, Sec.
102(c)(3), 101 Stat. 1488; Nov. 5,
1990, Pub. L. 101-508, Sec.
9109(a)(1), 104 Stat. 1388-356.
47101(a)(9)........................... 49 App.:2201(a)(13). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 502(a)(13); added Dec. 30,
1987, Pub. L. 100-223, Sec.
102(c)(3), 101 Stat. 1488; Nov. 5,
1990, Pub. L. 101-508, Secs. 9103(2),
9109(a)(2), 104 Stat. 1388-354, 1388-
356.
47101(a)(10).......................... 49 App.:2201(a)(14). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 502(a)(14); added Nov. 5,
1990, Pub. L. 101-508, Sec.
9109(a)(3), 104 Stat. 1388-356.
47101(b).............................. 49 App.:2201(c). Sept. 3, 1982, Pub. L. 97-248, 96 Stat.
324, Sec. 502(c), (d); added Oct. 31,
1992, Pub. L. 102-581, Sec. 101, 106
Stat. 4875.
47101(c).............................. 49 App.:2201(d).
47101(d).............................. 49 App.:2201(a)(5). Sept. 3, 1982, Pub. L. 97-248, Sec.
502(a)(5), 96 Stat. 671; Nov. 5, 1990,
Pub. L. 101-508, Sec. 9103(1), 104
Stat. 1388-354.
47101(e).............................. 49 App.:2201(a)(3).
49 App.:2202(a)(20). Sept. 3, 1982, Pub. L. 97-248, Sec.
503(a)(20), 96 Stat. 674; Dec. 30,
1987, Pub. L. 100-223, Sec.
103(c)(1), 101 Stat. 1488.
47101(f).............................. 49 App.:2201(a)(4). Sept. 3, 1982, Pub. L. 97-248, Sec.
502(a)(4), 96 Stat. 671; Dec. 30,
1987, Pub. L. 100-223, Sec. 102(a),
101 Stat. 1487.
47101(g).............................. 49 App.:2201(b) (2d, last
sentences).
47101(h).............................. 49 App.:2208(b)(5) (last
sentence words before 11th
comma).
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In subsection (a), before clause (1), the text of 49
App.:2201(a)(2), (9), and (10) is omitted as executed. The words ``It is
the policy of the United States'' are substituted for ``The Congress
hereby . . . declares'' in 49 App.:2201(a) (words before cl. (1)), ``it
is in the national interest'' in 49 App.:2201(a)(12), ``are not in the
public interest and'' in 49 App.:2201(a)(13), ``It is declared to be in
the national interest to'' in 49 App.:2201(b), and ``It is declared to
be national policy that'' in 49 App.:2208(b)(5) for consistency in the
revised title and with other titles of the United States Code. In clause
(1), the word ``is'' is substituted for ``will continue to be'' to
eliminate unnecessary words. In clause (2), the words ``with due
regard'' are omitted as surplus. In clause (3), the words ``reliever
airports make an important contribution to the efficient operation of
the airport and airway system'' are omitted as executed. In clause (4),
the words ``cargo hub airports play a critical role in the movement of
commerce through the airport and airway system'' are omitted as
executed. In clause (5), the words ``and promote'' are omitted as
surplus.
In subsection (d), the word ``to'' is substituted for ``with due
regard for the goals expressed therein of'' to eliminate unnecessary
words.
In subsection (e), before clause (1), the words ``The facilities
provided may include'' are substituted for ``including'' because of the
restatement. Clause (2) is substituted for ``reliever heliports'' to
incorporate the definition of that term from 49 App.:2202(a)(19) into
this subsection.
In subsection (f), before clause (1), the words ``the goal of'' are
omitted as surplus.
In subsection (g), the words ``formulated'' and ``due'' are omitted
as surplus. The words ``process of developing airport plans and
programs'' are substituted for ``process'' for clarity.
Pub. L. 103-429
This amends 49:47101(a)(12) to translate a cross-reference to the
Airport and Airway Improvement Act of 1982 (Public Law 97-248, 96 Stat.
671) to the corresponding cross-reference of title 49, United States
Code.
Amendments
1994--Subsec. (a)(11). Pub. L. 103-305, Sec. 104, added par. (11).
Subsec. (a)(12). Pub. L. 103-429 substituted ``subchapter'' for
``Act''.
Pub. L. 103-305, Sec. 110, added par. (12).
Subsec. (a)(13). Pub. L. 103-305, Sec. 110, added par. (13).
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9
of Pub. L. 103-429, set out as a note under section 321 of this title.
Study on Innovative Financing
Section 520 of Pub. L. 103-305 provided that:
``(a) Study.--The Secretary shall conduct a study on innovative
approaches for using Federal funds to finance airport development as a
means of supplementing financing available under the Airport Improvement
Program.
``(b) Matters To Be Considered.--In conducting the study under
subsection (a), the Secretary shall consider, at a minimum, the
following:
``(1) Mechanisms that will produce greater investments in
airport development per dollar of Federal expenditure.
``(2) Approaches that would permit entering into agreements with
non-Federal entities, such as airport sponsors, for the loan of
Federal funds, guarantee of loan repayment, or purchase of insurance
or other forms of enhancement for borrower debt, including the use
of unobligated Airport Improvement Program contract authority and
unobligated balances in the Airport and Airway Trust Fund.
``(3) Means to lower the cost of financing airport development.
``(c) Consultation.--In considering innovative financing pursuant to
this section, the Secretary may consult with airport owners and
operators and public and private sector experts.
``(d) Report to Congress.--Not later than 12 months after the date
of the enactment of this Act [Aug. 23, 1994], the Secretary shall
transmit to Congress a report on the results of the study conducted
under subsection (a).''
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