[DOCID:usc49-1018] 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 144] [CITE: 49USC47110] TITLE 49--TRANSPORTATION SUBTITLE VII--AVIATION PROGRAMS PART B--AIRPORT DEVELOPMENT AND NOISE CHAPTER 471--AIRPORT DEVELOPMENT SUBCHAPTER I--AIRPORT IMPROVEMENT Sec. 47110. Allowable project costs (a) General Authority.--Except as provided in section 47111 of this title, the United States Government may pay or be obligated to pay, from amounts appropriated to carry out this subchapter, a cost incurred in carrying out a project under this subchapter only if the Secretary of Transportation decides the cost is allowable. (b) Allowable Cost Standards.--A project cost is allowable-- (1) if the cost necessarily is incurred in carrying out the project in compliance with the grant agreement made for the project under this subchapter, including any cost a sponsor incurs related to an audit the Secretary requires under section 47121(b) or (d) of this title; (2)(A) if the cost is incurred after the grant agreement is executed and is for airport development or airport planning carried out after the grant agreement is executed; (B) if the cost is incurred after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as part of a Government-approved noise compatability program (including project formulation costs) and is consistent with all applicable statutory and administrative requirements; or (C) if the Government's share is paid only with amounts apportioned under section 47114(c)(1)(A) and (2) of this title and if the cost is incurred-- (i) during the fiscal year ending September 30, 1994; (ii) before a grant agreement is executed for the project but according to an airport layout plan the Secretary approves before the cost is incurred and all applicable statutory and administrative requirements that would apply to the project if the agreement had been executed; and (iii) for work related to a project for which a grant agreement previously was executed during the fiscal year ending September 30, 1994; (3) to the extent the cost is reasonable in amount; (4) if the cost is not incurred in a project for airport development or airport planning for which other Government assistance has been granted; and (5) if the total costs allowed for the project are not more than the amount stated in the grant agreement as the maximum the Government will pay (except as provided in section 47108(b) of this title). (c) Certain Prior Costs as Allowable Costs.--The Secretary may decide that a project cost under subsection (b)(2)(A) of this section incurred after May 13, 1946, and before the date the grant agreement is executed is allowable if it is-- (1) necessarily incurred in formulating an airport development project, including costs incurred for field surveys, plans and specifications, property interests in land or airspace, and administration or other incidental items that would not have been incurred except for the project; or (2) necessarily and directly incurred in developing the work scope of an airport planning project. (d) Terminal Development Costs.--(1) The Secretary may decide that the cost of terminal development (including multi-modal terminal development) in a nonrevenue-producing public-use area of a commercial service airport is allowable for an airport development project at the airport-- (A) if the sponsor certifies that the airport, on the date the grant application is submitted to the Secretary, has-- (i) all the safety equipment required for certification of the airport under section 44706 of this title; (ii) all the security equipment required by regulation; and (iii) provided for access, to the area of the airport for passengers for boarding or exiting aircraft, to those passengers boarding or exiting aircraft, except air carrier aircraft; (B) if the cost is directly related to moving passengers and baggage in air commerce within the airport, including vehicles for moving passengers between terminal facilities and between terminal facilities and aircraft; and (C) under terms necessary to protect the interests of the Government. (2) In making a decision under paragraph (1) of this subsection, the Secretary may approve as allowable costs the expenses of terminal development in a revenue-producing area and construction, reconstruction, repair, and improvement in a nonrevenue-producing parking lot if-- (A) the airport does not have more than .05 percent of the total annual passenger boardings in the United States; and (B) the sponsor certifies that any needed airport development project affecting safety, security, or capacity will not be deferred because of the Secretary's approval. (e) Letters of Intent.--(1) The Secretary may issue a letter of intent to the sponsor stating an intention to obligate from future budget authority an amount, not more than the Government's share of allowable project costs, for an airport development project (including costs of formulating the project) at a primary or reliever airport. The letter shall establish a schedule under which the Secretary will reimburse the sponsor for the Government's share of allowable project costs, as amounts become available, if the sponsor, after the Secretary issues the letter, carries out the project without receiving amounts under this subchapter. (2) Paragraph (1) of this subsection applies to a project-- (A) about which the sponsor notifies the Secretary, before the project begins, of the sponsor's intent to carry out the project; (B) that will comply with all statutory and administrative requirements that would apply to the project if it were carried out with amounts made available under this subchapter; and (C) the Secretary decides will enhance system-wide airport capacity significantly and meets the criteria of section 47115(d) of this title. (3) A letter of intent issued under paragraph (1) of this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriation laws. (4) The total estimated amount of future Government obligations covered by all outstanding letters of intent under paragraph (1) of this subsection may not be more than the amount authorized to carry out section 48103 of this title, less an amount reasonably estimated by the Secretary to be needed for grants under section 48103 that are not covered by a letter. (5) A letter of intent issued under paragraph (1) of this subsection may not condition the obligation of amounts on the imposition of a passenger facility fee. (6) Limitation on statutory construction.--Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued. (f) Nonallowable Costs.--Except as provided in subsection (d) of this section and section 47118(f) of this title, a cost is not an allowable airport development project cost if it is for-- (1) constructing a public parking facility for passenger automobiles; (2) constructing, altering, or repairing part of an airport building, except to the extent the building will be used for facilities or activities directly related to the safety of individuals at the airport; (3) decorative landscaping; or (4) providing or installing sculpture or art works. (Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1264; Pub. L. 103- 305, title I, Sec. 115, Aug. 23, 1994, 108 Stat. 1579; Pub. L. 103-429, Sec. 6(64), Oct. 31, 1994, 108 Stat. 4385.) Historical and Revision Notes Pub. L. 103-272 ---------------------------------------------------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) ---------------------------------------------------------------------------------------------------------------- 47110(a).............................. 49 App.:2212(a) (1st, last Sept. 3, 1982, Pub. L. 97-248, Sec. sentences). 513(a), 96 Stat. 689; Aug. 4, 1989, Pub. L. 101-71, Sec. 3, 103 Stat. 181. 47110(b).............................. 49 App.:2212(a) (2d sentence cls. (1), (2) (words before period), (3), (4)). 47110(c).............................. 49 App.:2212(a) (2d sentence cl. (2) (words after period)). 47110(d).............................. 49 App.:2212(b)(1), (6). Sept. 3, 1982, Pub. L. 97-248, Sec. 513(b)(1), (6), 96 Stat. 691; Oct. 31, 1992, Pub. L. 102-581, Sec. 110(a), 106 Stat. 4879. 47110(e).............................. 49 App.:2212(d). Sept. 3, 1982, Pub. L. 97-248, 96 Stat. 324, Sec. 513(d); added Dec. 30, 1987, Pub. L. 100-223, Sec. 111(c), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102-581, Sec. 111, 106 Stat. 4880. 47110(f).............................. 49 App.:2212(c). Sept. 3, 1982, Pub. L. 97-248, Sec. 513(c), 96 Stat. 691; Dec. 30, 1987, Pub. L. 100-223, Sec. 111(b), 101 Stat. 1503; Oct. 31, 1992, Pub. L. 102- 581, Sec. 107(c)(2), 106 Stat. 4879. ---------------------------------------------------------------------------------------------------------------- In subsection (a), the words ``for airport development or airport planning'' are omitted because of the definition of ``project'' in section 47102 of the revised title. The text of 49 App.:2212(a) (last sentence) is omitted as surplus because of 49:322(a). In subsection (b)(1), the word ``approved'' is omitted as surplus because a project that was not approved could not be carried out in compliance with a grant agreement. The words ``in compliance with the grant agreement made for the project under this subchapter'' are substituted for ``in conformity with the terms and conditions of the grant agreement entered into in connection with the project'' to eliminate unnecessary words. The word ``sponsor'' is substituted for ``recipient'' for clarity. In subsection (b)(2)(A), the words ``with respect to the project'' are omitted as unnecessary because ``the grant agreement'' means ``the grant agreement made for the project'' referred to in clause (1) of this subsection. The words ``under the project'' are omitted as surplus. Subsection (b)(3) is substituted for ``in the opinion of the Secretary it is reasonable in amount, and if the Secretary determines that a project cost is unreasonable in amount, the Secretary may allow as an allowable project cost only so much of such project cost as the Secretary determines to be reasonable'' to eliminate unnecessary words. Subsection (b)(5) is substituted for ``except that in no event may the Secretary allow project costs in excess of the definite amount stated in the grant agreement except to the extent authorized by section 2211(b) of this Appendix'' for consistency in this section. In subsection (c), before clause (1), the words ``The Secretary may decide that a project cost . . . is allowable'' are substituted for ``However, the allowable costs of a project . . . may include . . . and the allowable costs of a project . . . may include'' for clarity and consistency in the revised title. The words ``incurred after May 13, 1946, and before the date the grant agreement is executed'' are substituted for ``which were incurred prior to the execution of the grant agreement and subsequent to May 13, 1946'' and ``which were incurred subsequent to May 13, 1946'' to eliminate unnecessary words. In clause (1), the words ``preparation of'', ``acquisition of'', ``by the sponsor specifically in connection with the accomplishment of the project for airport development'' are omitted as surplus. The words ``property interests in land or airspace'' are substituted for ``land or interests therein or easements through or other interests in airspace'' to eliminate unnecessary words. In subsection (d)(1), before clause (A), the words ``The Secretary may decide that the cost . . . is allowable'' are substituted for ``the Secretary may approve, as allowable project costs'' and ``The Secretary shall approve project costs allowable under paragraph (1) of this subsection'' for clarity and consistency in this section. In clause (B), the words ``the boundaries of'' are omitted as surplus. In clause (C), the words ``and conditions'' are omitted as being included in ``terms''. In subsection (d)(2), the words ``In making a decision under paragraph (1) of this subsection, the Secretary may approve as allowable costs'' are substituted for ``In the case of a commercial service airport . . . the Secretary may approve, under the preceding sentence as allowable project costs'' for consistency in this subsection. In subsection (e)(1), the word ``sponsor'' is substituted for ``applicant'' for consistency. The words ``stipulated as'' and ``Subject to the provisions of this paragraph'' are omitted as surplus. The word ``reimburse'' is substituted for ``make payments under paragraph (2) of this subsection'' and ``pay'' for clarity. The words ``payable on account of such project in accordance with such letter of intent'' are omitted as surplus. In subsection (e)(2), before clause (A), the text of 49 App.:2212(d)(1)(C) (last sentence) is omitted as obsolete. In subsection (e)(3), the words ``A letter of intent issued'' are substituted for ``action'' for clarity. The word ``deemed'' before ``an obligation'' is omitted as surplus. In subsection (f)(2), the words ``of a hangar or'' are omitted as being included in ``airport building''. Pub. L. 103-429 The source credits for all of subsection (b) are included for clarity though only subsection (b)(2) is affected by the amendment. The source credits for 49:47110(c) are included to correct a mistake on p. 405 of H. R. Rept. 103-180 (103d Cong., 1st Sess., July 15, 1993). ---------------------------------------------------------------------------------------------------------------- Revised Section Source (U.S. Code) Source (Statutes at Large) ---------------------------------------------------------------------------------------------------------------- 47110(b).............................. 49 App.:2212(a) (2d sentence Sept. 3, 1982, Pub. L. 97-248, Sec. cls. (1), (2)(A) (words before 513(a) (2d sentence), as amended May period), (B), (3), (4)). 26, 1994, Pub. L. 103-260, Sec. 106, 108 Stat. 699. 47110(c).............................. 49 App.:2212(a) (2d sentence cl. (2)(A) (words after period). ---------------------------------------------------------------------------------------------------------------- In subsection (b)(2)(C)(ii), the words ``before the cost is incurred'' are added for clarity. Amendments 1994--Subsec. (b)(2). Pub. L. 103-429 amended par. (2) generally. Prior to amendment, par. (2) read as follows: ``if the cost is incurred-- ``(A) after the grant agreement is executed and is for airport development or airport planning carried out after the grant agreement is executed; or ``(B) after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as part of a Government- approved noise compatibility program (including project formulation costs) and is consistent with all applicable statutory and administrative requirements;''. Subsec. (e)(6). Pub. L. 103-305 added par. (6). Letters of Intent; Duration of Authority and Approval by Congress Pub. L. 102-388, title III, Sec. 320, Oct. 6, 1992, 106 Stat. 1546, provided that: ``The authority conferred by section 513(d) of the Airport and Airway Improvement Act of 1982, as amended [see subsec. (e) of this section], to issue letters of intent shall remain in effect subsequent to September 30, 1992. Letters of intent may be issued under such subsection to applicants determined to be qualified under such Act [substantially repealed by Pub. L. 103-272, Sec. 7(b), July 5, 1994, 108 Stat. 1379, and reenacted by first section thereof as this subchapter]: Provided, That, notwithstanding any other provision of law, all such letters of intent in excess of $10,000,000 shall be submitted for approval to the Committees on Appropriations of the Senate and the House of Representatives; the Committee on Commerce, Science, and Transportation of the Senate; and the Committee on Public Works and Transportation [now Committee on Transportation and Infrastructure] of the House of Representatives.'' Similar provisions were contained in the following prior appropriation acts: Pub. L. 102-143, title III, Sec. 320, Oct. 28, 1991, 105 Stat. 942. Pub. L. 101-516, title III, Sec. 320, Nov. 5, 1990, 104 Stat. 2181. Pub. L. 101-164 title III, Sec. 326, Nov. 21, 1989, 103 Stat. 1096. Pub. L. 100-457, title III, Sec. 334, Sept. 30, 1988, 102 Stat. 2153. Section Referred to in Other Sections This section is referred to in sections 40117, 47108, 47119 of this title. Return to United States Code