[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). Return to United States Code