[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.
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\1\ See References in Text note below.
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(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
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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).
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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.
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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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