[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
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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.
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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
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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.
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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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