Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

47107(a)

49 App.:2202(a)(6).

Sept. 3, 1982, Puspan. L. 97–248, §§ 503(a)(6), 505(span)(2), 509(span)(1)(E), 511(a)(1)(B), (C), (2), (5)–(10), (span), 96 Stat. 673, 677, 683, 686, 687.

49 App.:2208(span)(1)(E) (related to 49 App.:2210(a) (1)–(11), (15), (16)).

49 App.:2210(a)(1)(A).

Sept. 3, 1982, Puspan. L. 97–248, § 511(a)(1)(A), 96 Stat. 686; Dec. 30, 1987, Puspan. L. 100–223, § 109(a), 101 Stat. 1499.

49 App.:2210(a)(1)(B), (C), (2).

49 App.:2210(a)(3).

Sept. 3, 1982, Puspan. L. 97–248, § 511(a)(3), 96 Stat. 686; Dec. 30, 1987, Puspan. L. 100–223, § 109(span), 101 Stat. 1499.

49 App.:2210(a)(4).

Sept. 3, 1982, Puspan. L. 97–248, § 511(a)(4), 96 Stat. 686; restated Dec. 30, 1987, Puspan. L. 100–223, § 109(c), 101 Stat. 1499.

49 App.:2210(a) (5)–(10).

49 App.:2210(a)(11).

Sept. 3, 1982, Puspan. L. 97–248, § 511(a)(11), 96 Stat. 687; Oct. 31, 1992, Puspan. L. 102–581, § 113(a), 106 Stat. 4881.

49 App.:2210(a)(15).

Sept. 3, 1982, Puspan. L. 97–248, 96 Stat. 324, § 511(a)(15); added Dec. 30, 1987, Puspan. L. 100–223, § 109(f), 101 Stat. 1500.

49 App.:2210(a)(16).

Sept. 3, 1982, Puspan. L. 97–248, 96 Stat. 324, § 511(a)(16); added Dec. 30, 1987, Puspan. L. 100–223, § 109(g), 101 Stat. 1501.

47107(span)(1), (2)

49 App.:2208(span)(1)(E) (related to 49 App.:2210(a)(12)).

49 App.:2210(a)(12).

Sept. 3, 1982, Puspan. L. 97–248, § 511(a)(12), 96 Stat. 687; restated Dec. 30, 1987, Puspan. L. 100–223, § 109(d), 101 Stat. 1499.

47107(span)(3)

49 App.:2210(d).

Sept. 3, 1982, Puspan. L. 97–248, 96 Stat. 324, § 511(d); added Dec. 30, 1987, Puspan. L. 100–223, § 109(i), 101 Stat. 1501.

47107(c)(1), (2)

49 App.:2202(a)(24).

Sept. 3, 1982, Puspan. L. 97–248, § 503(a)(24), 96 Stat. 674; Dec. 30, 1987, Puspan. L. 100–223, § 103(c)(1), 101 Stat. 1488.

49 App.:2208(span)(1)(E) (related to 49 App.:2210(a)(13), (14)).

49 App.:2210(a)(13).

Sept. 3, 1982, Puspan. L. 97–248, § 511(a)(13), 96 Stat. 688; restated Dec. 30, 1987, Puspan. L. 100–223, § 109(e), 101 Stat. 1499.

49 App.:2210(a)(14).

Sept. 3, 1982, Puspan. L. 97–248, § 511(a)(14), 96 Stat. 688; Dec. 30, 1987, Puspan. L. 100–223, § 109(e), 101 Stat. 1499; restated Dec. 15, 1989, Puspan. L. 101–236, § 4, 103 Stat. 2061.

47107(c)(3)

(no source).

47107(d)

49 App.:2204(span)(2).

49 App.:2208(span)(1)(E) (related to 49 App.:2204(span)(2)).

47107(e)

49 App.:2208(span)(1)(E) (related to 49 App.:2210(a)(17)).

49 App.:2210(a)(17).

Sept. 3, 1982, Puspan. L. 97–248, 96 Stat. 324, § 511(a)(17); added Dec. 30, 1987, Puspan. L. 100–223, § 109(h), 101 Stat. 1501; Oct. 31, 1992, Puspan. L. 102–581, § 117(a), 106 Stat. 4882.

49 App.:2210(h).

Sept. 3, 1982, Puspan. L. 97–248, 96 Stat. 324, § 511(h); added Oct. 31, 1992, Puspan. L. 102–581, § 117(span), 106 Stat. 4882.

49 App.:2210 (note).

Oct. 31, 1992, Puspan. L. 102–581, § 117(d), 106 Stat. 4883.

47107(f)

49 App.:2210(e).

Sept. 3, 1982, Puspan. L. 97–248, 96 Stat. 324, § 511(e); added Dec. 30, 1987, Puspan. L. 100–223, § 109(j), 101 Stat. 1501.

47107(g)(1)

49 App.:2210(span) (1st, 2d sentences).

47107(g)(2)

49 App.:2208(span)(1)(E) (related to 49 App.:2210(span)).

47107(h)

49 App.:2210(f).

Sept. 3, 1982, Puspan. L. 97–248, 96 Stat. 324, § 511(f); added Dec. 30, 1987, Puspan. L. 100–223, § 109(k), 101 Stat. 1502.

47107(i)

49 App.:2210(span) (last sentence).

47107(j)(1)

49 App.:2210(g)(4)(B), (D).

Sept. 3, 1982, Puspan. L. 97–248, 96 Stat. 324, § 511(g); added May 4, 1990, Puspan. L. 101–281, § 2, 104 Stat. 164.

47107(j)(2)

49 App.:2210(g)(1), (2)(B), (4)(A), (C).

47107(j)(3)

49 App.:2210(g)(2)(C), (D).

47107(j)(4)

49 App.:2210(g)(2)(E).

47107(j)(5)

49 App.:2210(g)(2)(F).

47107(j)(6)

49 App.:2210(g)(2)(G).

47107(j) (7)(A)

49 App.:2210(g)(2)(A).

47107(j) (7)(B)

49 App.:2210(g)(3).

In subsection (a), before clause (1), the words “may approve a project grant application under this subchapter for an airport development project only if” are substituted for 49 App.:2208(span)(1)(E) (related to 49 App.:2210(a)) and the words “As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter . . . shall” in 49 App.:2210(a) for clarity and to eliminate unnecessary words. In clause (1), the words “to which the project relates” and “fair and” are omitted as surplus. In clause (2), before subclause (A), the words “including the requirement that” are omitted as unnecessary because of the restatement. The words “air carriers making similar use of the airport” are substituted for “each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) . . . all such air carriers which make similar use of such airport” to eliminate unnecessary words. The words “and which utilize similar facilities” are omitted because of the definition of “airport” in section 47102 of the revised title. The words “nondiscriminatory and” and “rates, fees, rentals, and other” are omitted as surplus. In subclause (B), before subclause (i), the words “except for differences based on” are substituted for “subject to” for clarity. In clause (3), the words “airport operator” are substituted for “airport” for clarity and consistency in this chapter. In clause (4), before subclause (A), the words “a right given to only one fixed-base operator to provide services at an airport” are substituted for “the providing of services at an airport by a single fixed-based operator” for clarity. In subclause (B), the words “the airport operator or owner” are substituted for “such airport” for clarity and consistency in this subchapter. Clause (5) is substituted for 49 App.:2210(a)(1)(B) for consistency and to eliminate unnecessary words. In clause (6), the words “allowed by the airport operator” are substituted for “authorized by the airport or permitted by the airport” for clarity and consistency in this chapter and to eliminate unnecessary words. In clause (9), the words “operations at” are added for clarity. The words “adequately”, “removing, lowering, relocating, marking, or lighting or otherwise”, and “the establishment or creation of” are omitted as surplus. In clause (10), the word “near” is substituted for “in the immediate vicinity of”, and the word “uses” is substituted for “activities and purposes”, to eliminate unnecessary words. The words “including landing and takeoff of aircraft” are omitted as surplus. In clause (12), the words “property interests of the sponsor in land or water areas or buildings” are substituted for “any areas of land or water, or estate therein, or rights in buildings of the sponsor” for consistency in the revised title and to eliminate unnecessary words. The words “necessary or” are omitted as surplus. The words “for, and that will be used for, constructing . . . facilities for carrying out activities related to air traffic control or navigation” are substituted for “for use in connection with any air traffic control or navigation activities, or weather-reporting and communication activities related to air traffic control . . . for construction . . . of space or facilities for such purposes” to eliminate unnecessary words. In clause (13), before subclause (A), the words “schedule of charges” are substituted for “fee and rental structure” for clarity and consistency in this chapter. In subclause (A), the word “particular” is omitted as surplus. The word “including” is substituted for “taking into account such factors as” to eliminate unnecessary words. In subclause (B), the words “fees, rates, and” are omitted as surplus. The words “airport development or airport planning” are omitted because of the definition of “project” in section 47102 of the revised title. In clause (16), before subclause (A), the words “maintain . . . current” are substituted for “keep up to date at all times” to eliminate unnecessary words. In subclause (B), the words “be submitted to, and” and “amendment” are omitted as surplus. In subclauses (C) and (D), the words “changes or” and “change or”, respectively, are omitted as surplus. In subclause (D)(ii), the words “was made” are added for clarity. In clause (17), the words “with respect to the project” are omitted as surplus. In clause (18), the words “duly authorized agent of” are omitted because of 49:322(span).

In subsection (span)(1), before clause (A), the words “may approve a project grant application under this subchapter for an airport development project only if” are substituted for 49 App.:2208(span)(1)(E) (related to 49 App.:2210(a)(12)) and “As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter . . . shall” in 49 App.:2210(a) for clarity and to eliminate unnecessary words. In clause (C) the word “actual” is omitted as surplus.

In subsection (span)(2), the words “Paragraph (1) of this subsection does not apply” are substituted for “except that . . . then this limitation on the use of all other revenues generated by the airport . . . shall not apply” to eliminate unnecessary words. The word “law” is substituted for “provisions . . . in governing statutes” for consistency in the revised title and to eliminate unnecessary words.

In subsection (c)(1), before clause (A), the words “considered to be” are omitted as surplus. In clause (B), the words “department, agency, or instrumentality of the Government” are substituted for “Federal agency” for consistency in the revised title and with other titles of the United States Code.

In subsection (c)(2), before clause (A), the words “may approve an application under this subchapter for an airport development project grant only if” are substituted for 49 App.:2208(span)(1)(E) (related to 49 App.:2210(a)(13), (14)) and “As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter” in 49 App.:2210(a) for clarity and to eliminate unnecessary words. The words “has received or will receive” are substituted for “before, on, or after December 30, 1987” and “before, on, or after December 31, 1987” because of the restatement. In clauses (A)(ii) and (B)(ii), the words “or right” and “only” are omitted as surplus. In clause (A)(iii), the words “at the discretion of the Secretary” in 49 App.:2210(a)(13)(C) are omitted as surplus. In clause (B)(iii), the words “under this subchapter” are substituted for “at that airport or within the national airport system” for clarity and to eliminate unnecessary words.

Subsection (c)(3) is added for clarity.

In subsection (d), the words “may approve an application under this subchapter for an airport development project grant . . . only if” are substituted for 49 App.:2208(span)(1)(E) (related to 49 App.:2204(span)(2)) and “No obligation shall be incurred by the Secretary for airport development . . . unless” in 49 App.:2204(span) for clarity and to eliminate unnecessary words.

In subsection (e)(1), the words “may approve a project grant application under this subchapter for an airport development project only if” are substituted for 49 App.:2208(span)(1)(E) (related to 49 App.:2210(a)(17)) and “As a condition precedent to approval of an airport development project contained in a project grant application submitted under this chapter . . . shall” for clarity and to eliminate unnecessary words. The words “food, beverages, printed materials, or other” and “ground transportation, baggage carts, automobile rentals, or other” are omitted as surplus.

In subsection (e)(2)–(5), the words “disadvantaged business enterprise” are substituted for “DBE” for clarity.

In subsection (e)(4), the words “(as defined by the Secretary by regulation)” and “(as defined under section 2204(d)(2)(B) of this title)” are omitted as unnecessary because of paragraph (1) of this subsection.

In subsection (f)(2)(A), the words “at the discretion of the Secretary” are omitted as surplus. The words “at primary airports and reliever airports” are omitted as surplus because 49 App.:2206(c)(2), restated in section 47115(c) of the revised title, involves only primary and reliever airports.

In subsection (g)(1)(A), the words “consistent with the terms of this chapter” are omitted as surplus.

In subsection (g)(1)(B), the words “Among other steps to insure such compliance” and “on behalf of the United States” are omitted as surplus.

In subsection (g)(2), the words “by or . . . the authority of” are omitted as surplus.

In subsection (h), before clause (1), the words “proposes to” are omitted as surplus. The word “subchapter” is substituted for “Act” in section 511(f) of the Airport and Airway Improvement Act of 1982, as added by section 109(k) of the Airport and Airway Safety and Capacity Expansion Act of 1987 (Public Law 100–223, 101 Stat. 1502), to correct a mistake.

In subsection (i), the words “a property interest in a land or water area or a building that the Secretary of Transportation uses to construct a facility” are substituted for “any area of land or water, or estate therein, or rights in buildings of the sponsor and constructs space or facilities thereon” for consistency in this section.

In subsection (j)(2), the words “the limitation on the use of revenues generated by airports contained in”, “located”, “of funds”, and “(including revenues generated by such airports from other sources, unrestricted cash on hand, and Federal funds made available under this chapter for expenditure at such airports)” are omitted as surplus.

In subsection (j)(3)(A), the words “amount that is greater than 150 percent as determined” are substituted for “amount of the excess determined” for clarity.

In subsection (j)(3)(B), the words “in the aggregate” are omitted as surplus.

In subsection (j)(4), the word “imposed” is substituted for “levied” for consistency in the revised title and with other titles of the Code. The words “for the use of airport facilities” and “a percentage which is” are omitted as surplus. The words “Secretary of Labor” are substituted for “Bureau of Labor Statistics of the Department of Labor” because of 29:551 and 557.

In subsection (j)(5), the words “from fee increases” and “for approval” are omitted as surplus.

Editorial Notes
References in Text

The Federal Airport Act, referred to in subsecs. (a)(13)(B) and (i), is act May 13, 1946, ch. 251, 60 Stat. 170, which was classified to chapter 14 (§ 1101 et seq.) of former Title 49, Transportation, prior to repeal by Puspan. L. 91–258, title I, § 52(a), May 21, 1970, 84 Stat. 235.

The Airport and Airway Development Act of 1970, referred to in subsecs. (a)(13)(B) and (i), is title I of Puspan. L. 91–258, May 21, 1970, 84 Stat. 219, which was classified principally to chapter 25 (§ 1701 et seq.) of former Title 49, Transportation. Sections 1 through 30 of title I of Puspan. L. 91–258, which enacted sections 1701 to 1703, 1711 to 1713, and 1714 to 1730 of former Title 49, and a provision set out as a note under section 1701 of former Title 49, were repealed by Puspan. L. 97–248, title V, § 523(a), Sept. 3, 1982, 96 Stat. 695. Sections 31, 51, 52(a), (span)(4), (6), (c), (d), and 53 of title I of Puspan. L. 91–258 were repealed by Puspan. L. 103–272, § 7(span), July 5, 1994, 108 Stat. 1379, the first section of which enacted subtitles II, III, and V to X of Title 49, Transportation. For complete classification of this Act to the Code, see Tables. For disposition of sections of former Title 49, see table at the beginning of Title 49.

Section 9502 of the Internal Revenue Code of 1986, referred to in subsec. (c)(4)(E), is classified to section 9502 of Title 26, Internal Revenue Code.

The date of enactment of this paragraph, referred to in subsec. (c)(5)(D), is the date of enactment of Puspan. L. 112–95, which was approved Fespan. 14, 2012.

Section 31(span) of the Small Business Act, referred to in subsec. (e)(1), (4)(B), (6), is classified to section 657a(span) of Title 15, Commerce and Trade.

Section 101(a) of title 23, referred to in subsec. (j)(1)(B), was subsequently amended, and section 101(a) no longer defines “Federal-aid system”.

The enactment of the FAA Modernization and Reform Act of 2012, referred to in subsec. (s)(3), means the enactment of Puspan. L. 112–95, which was approved Fespan. 14, 2012.

The date of enactment of this paragraph, referred to in subsec. (s)(3), is the date of enactment of Puspan. L. 115–254, which was approved Oct. 5, 2018.

The date of enactment of this subsection, referred to in subsec. (y)(2), is the date of enactment of Puspan. L. 118–63, which was approved May 16, 2024.

The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsec. (y)(4), is the date of enactment of Puspan. L. 118–63, which was approved May 16, 2024.

Amendments

2024—Subsec. (a)(16)(B). Puspan. L. 118–63, § 743(span)(1)(A), added subpar. (B) and struck out former subpar. (B) which read as follows: “the Secretary will review and approve or disapprove only those portions of the plan (or any subsequent revision to the plan) that materially impact the safe and efficient operation of aircraft at, to, or from the airport or that would adversely affect the safety of people or property on the ground adjacent to the airport as a result of aircraft operations, or that adversely affect the value of prior Federal investments to a significant extent;”.

Subsec. (a)(16)(C)(i). Puspan. L. 118–63, § 743(span)(1)(B), substituted “subsection (x)” for “subparagraph (B)”.

Subsec. (a)(22). Puspan. L. 118–63, § 770(a), added par. (22).

Subsec. (m)(4). Puspan. L. 118–63, § 703(a)(1), substituted “an amount equal to double” for “an amount equal to”.

Subsec. (n)(1). Puspan. L. 118–63, § 703(a)(2), substituted “an amount equal to double” for “an amount equal to”.

Subsec. (r)(3). Puspan. L. 118–63, § 704, substituted “October 1, 2028” for “May 11, 2024”.

Puspan. L. 118–41 substituted “May 11, 2024” for “March 9, 2024”.

Subsec. (t)(2)(A). Puspan. L. 118–63, § 705(1), substituted “October 7, 2016” for “the date of enactment of this subsection”.

Subsec. (t)(2)(D). Puspan. L. 118–63, § 705(2), added subpar. (D) and struck out former subpar. (D) which read as follows: “that supports the operation of military aircraft by the Air Force or Air National Guard—

“(i) at the airport; or

“(ii) remotely from the airport.”

Subsec. (v). Puspan. L. 118–63, § 706, amended subsec. (v) generally. Prior to amendment, subsec. (v) related to community use of airport land.

Subsec. (x). Puspan. L. 118–63, § 743(span)(2), added subsec. (x).

Subsec. (y). Puspan. L. 118–63, § 774(a), added subsec. (y).

2023—Subsec. (r)(3). Puspan. L. 118–34 substituted “March 9, 2024” for “January 1, 2024”.

Puspan. L. 118–15 substituted “January 1, 2024” for “October 1, 2023”.

2020—Subsec. (w)(1). Puspan. L. 116–190, § 2(1), substituted “The Secretary of Transportation” for “In fiscal year 2021 and each fiscal year thereafter, the Secretary of Transportation”.

Subsec. (w)(1)(B). Puspan. L. 116–190, § 2(2), substituted “at least one men’s and at least one women’s” for “one men’s and one women’s”.

Subsec. (w)(2)(A). Puspan. L. 116–190, § 2(3), added subpar. (A) and struck out former subpar. (A) which read as follows: “The requirement in paragraph (1) shall only apply to applications submitted by the airport sponsor of a medium or large huspan airport.”

Subsec. (w)(2)(B). Puspan. L. 116–190, § 2(4), substituted “October 5, 2018, complies with the requirement in paragraph (1)(A)” for “the date of enactment of this Act complies with the requirement in paragraph (1)”.

Subsec. (w)(2)(C). Puspan. L. 116–190, § 2(5), substituted “paragraph (1)(A)” for “paragraph (1)”.

2018—Subsec. (a)(16)(B). Puspan. L. 115–254, § 163(d)(1), added subpar. (B) and struck out former subpar. (B) which read as follows: “the Secretary will approve the plan and any revision or modification before the plan, revision, or modification takes effect;”.

Subsec. (a)(16)(C). Puspan. L. 115–254, § 163(d)(2), substituted “unless the alteration—” and cls. (i) and (ii) for “if the alteration does not comply with the plan the Secretary approves, and the Secretary is of the opinion that the alteration may affect adversely the safety, utility, or efficiency of the airport; and”.

Subsec. (a)(16)(D). Puspan. L. 115–254, § 163(d)(3), which directed substitution of “when an alteration in the airport or its facility is made that is within the scope of the Secretary’s review and approval authority as set forth in subparagraph (B), and does not conform with the portions of the plan approved by the Secretary, and the Secretary decides that the alteration adversely affects the safety, utility, or efficiency of aircraft operations, or of any property on or off the airport that is owned, leased, or financed by the Government, then the owner or operator will, if requested by the Secretary” for “when an alternation” and all that follows through “Secretary, will”, was executed by making the substitution for “when an alteration in the airport or its facility is made that does not conform to the approved plan and that the Secretary decides adversely affects the safety, utility, or efficiency of any property on or off the airport that is owned, leased, or financed by the Government, the owner or operator, if requested by the Secretary, will” to reflect the probable intent of Congress.

Subsec. (a)(17). Puspan. L. 115–254, § 131(1), substituted “if any phase of such project has received funds under this subchapter, each contract” for “each contract”.

Subsec. (r)(3). Puspan. L. 115–254, § 131(2), substituted “2023” for “2018”.

Puspan. L. 115–141 substituted “October 1, 2018” for “April 1, 2018”.

Subsec. (s)(3). Puspan. L. 115–254, § 185, added par. (3).

Subsecs. (u), (v). Puspan. L. 115–254, § 131(3), added subsecs. (u) and (v).

Subsec. (w). Puspan. L. 115–254, § 132(a), added subsec. (w).

2017—Subsec. (e)(1), (4)(B), (6). Puspan. L. 115–91 substituted “section 31(span) of the Small Business Act” for “section 3(p) of the Small Business Act”.

Subsec. (r)(3). Puspan. L. 115–63 substituted “April 1, 2018” for “October 1, 2017”.

2016—Subsec. (r)(3). Puspan. L. 114–190 substituted “October 1, 2017” for “July 16, 2016”.

Puspan. L. 114–141 substituted “July 16, 2016” for “April 1, 2016”.

Subsec. (t). Puspan. L. 114–238 added subsec. (t).

2015—Subsec. (r)(3). Puspan. L. 114–55 substituted “April 1, 2016” for “October 1, 2015”.

2014—Subsec. (k). Puspan. L. 113–188, § 1501(span)(1), (2)(A)(i), redesignated subsec. (l) as (k) and struck out former subsec. (k). Prior to amendment, text of subsec. (k) read as follows: “The Secretary shall provide to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives an annual summary of the reports submitted to the Secretary under subsection (a)(19) of this section and under section 111(span) of the Federal Aviation Administration Authorization Act of 1994.”

Subsec. (k)(5). Puspan. L. 113–188, § 1501(span)(2)(A)(ii), substituted “subsection (m)(7)” for “subsection (n)(7)” in introductory provisions and “subsection (m)” for “subsection (n)” in subpar. (B).

Subsec. (l). Puspan. L. 113–188, § 1501(span)(2)(A)(i), redesignated subsec. (m) as (l). Former subsec. (l) redesignated (k).

Subsec. (m). Puspan. L. 113–188, § 1501(span)(2)(A)(i), (iii), redesignated subsec. (n) as (m) and substituted “subsections (span) and (k)” for “subsections (span) and (l)” in pars. (1) and (7) and “subsection (n)” for “subsection (o)” in pars. (4) and (6). Former subsec. (m) redesignated (l).

Subsec. (n). Puspan. L. 113–188, § 1501(span)(2)(A)(i), (iv), redesignated subsec. (o) as (n) and substituted “subsection (m)” for “subsection (n)” wherever appearing. Former subsec. (n) redesignated (m).

Subsec. (o). Puspan. L. 113–188, § 1501(span)(2)(A)(i), (v), redesignated subsec. (p) as (o) and substituted “subsection (n)” for “subsection (o)”. Former subsec. (o) redesignated (n).

Subsec. (p). Puspan. L. 113–188, § 1501(span)(2)(A)(i), (vi), redesignated subsec. (q) as (p) and substituted “subsections (a) through (o)” for “subsections (a) through (p)” in introductory provisions. Former subsec. (p) redesignated (o).

Subsec. (q). Puspan. L. 113–188, § 1501(span)(2)(A)(i), (vii), redesignated subsec. (r) as (q) and substituted “paragraphs (1) through (3) of subsection (p)” for “subsections (q)(1) through (3)”. Former subsec. (q) redesignated (p).

Subsecs. (r) to (t). Puspan. L. 113–188, § 1501(span)(2)(A)(i), redesignated subsecs. (s) and (t) as (r) and (s), respectively. Former subsec. (r) redesignated (q).

2012—Subsec. (a)(16)(D)(ii). Puspan. L. 112–95, § 135(a), inserted “, except in the case of a relocation or replacement of an existing airport facility that meets the conditions of section 47110(d)” before semicolon at end.

Subsec. (c)(2)(A). Puspan. L. 112–95, § 135(span)(1)(A)(i), substituted “purpose (including land serving as a noise buffer either by being undeveloped or developed in a way that is compatible with using the land for noise buffering purposes)” for “purpose” in introductory provisions.

Subsec. (c)(2)(A)(iii). Puspan. L. 112–95, § 135(span)(1)(A)(ii), substituted “reinvested in another project at the airport or transferred to another airport as the Secretary prescribes under paragraph (4)” for “paid to the Secretary for deposit in the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502) or, as the Secretary prescribes, reinvested in an approved noise compatibility project, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program”.

Subsec. (c)(2)(B)(iii). Puspan. L. 112–95, § 135(span)(1)(B), substituted “reinvested in another project at the airport or transferred to another airport as the Secretary prescribes under paragraph (4)” for “reinvested, on application to the Secretary, in another eligible airport development project the Secretary approves under this subchapter or paid to the Secretary for deposit in the Fund if another eligible project does not exist”.

Subsec. (c)(4), (5). Puspan. L. 112–95, § 135(span)(2), added pars. (4) and (5).

Subsec. (s)(3). Puspan. L. 112–95, § 404, amended par. (3) generally. Prior to amendment, text read as follows: “This subsection shall cease to be effective beginning February 18, 2012.”

Puspan. L. 112–91 substituted “February 18, 2012.” for “February 1, 2012.”

Subsec. (t). Puspan. L. 112–95, § 136(a), added subsec. (t).

2011—Subsec. (s)(3). Puspan. L. 112–30 substituted “February 1, 2012.” for “September 17, 2011.”

Puspan. L. 112–27 substituted “September 17, 2011.” for “July 23, 2011.”

Puspan. L. 112–21 substituted “July 23, 2011.” for “July 1, 2011.”

Puspan. L. 112–16 substituted “July 1, 2011.” for “June 1, 2011.”

Puspan. L. 112–7 substituted “June 1, 2011.” for “April 1, 2011.”

2010—Subsec. (s)(3). Puspan. L. 111–329 substituted “April 1, 2011.” for “January 1, 2011.”

Puspan. L. 111–249 substituted “January 1, 2011.” for “October 1, 2010.”

Puspan. L. 111–216 substituted “October 1, 2010.” for “August 2, 2010.”

Puspan. L. 111–197 substituted “August 2, 2010.” for “July 4, 2010.”

Puspan. L. 111–161 substituted “July 4, 2010.” for “May 1, 2010.”

Puspan. L. 111–153 substituted “May 1, 2010.” for “April 1, 2010.”

2009—Subsec. (s)(3). Puspan. L. 111–116 substituted “April 1, 2010.” for “January 1, 2010.”

Puspan. L. 111–69 substituted “January 1, 2010.” for “October 1, 2009.”

Puspan. L. 111–12 substituted “October 1, 2009.” for “April 1, 2009.”

2008—Subsec. (s)(3). Puspan. L. 110–330 substituted “April 1, 2009” for “October 1, 2008”.

2003—Subsec. (a)(21). Puspan. L. 108–176, § 165, added par. (21).

Subsec. (c)(2)(A)(iii). Puspan. L. 108–176, § 164, inserted before semicolon at end “, including the purchase of nonresidential buildings or property in the vicinity of residential buildings or property previously purchased by the airport as part of a noise compatibility program”.

Subsec. (l)(5)(A). Puspan. L. 108–176, § 144(a), inserted “or any other governmental entity” after “sponsor”.

Subsec. (m)(1). Puspan. L. 108–176, § 144(span)(1), (2), substituted “include a provision in the compliance supplement provisions to” for “promulgate regulations that” and struck out “and opinion of the review” before “concerning the funding activities”.

Subsec. (m)(3). Puspan. L. 108–176, § 144(span)(3), struck out span and text of par. (3). Text read as follows: “The report submitted to the Secretary under this subsection shall include a specific determination and opinion regarding the appropriateness of the disposition of airport funds paid or transferred to a sponsor.”

Subsec. (q). Puspan. L. 108–7 added subsec. (q).

Subsec. (q)(2). Puspan. L. 108–11, § 2702(1), which directed the amendment of subsec. (q)(2) of section 321 of Puspan. L. 108–7 by inserting “or underneath” before “the Class B airspace”, was executed by making the insertion in subsec. (q)(2) of this section, to reflect the probable intent of Congress.

Subsec. (q)(3). Puspan. L. 108–11, § 2702(2), (3), which directed the amendment of subsec. (q)(3) of section 321 of Puspan. L. 108–7 by striking out “has sufficient capacity and” after “Title 49” and inserting “passenger” before “delays”, was executed by inserting “passenger” before “delays” and striking out “has sufficient capacity and” after “title 49” in subsec. (q)(3) of this section, to reflect the probable intent of Congress.

Subsec. (r). Puspan. L. 108–7 added subsec. (r).

Subsec. (s). Puspan. L. 108–176, § 424, added subsec. (s).

2002—Subsec. (a)(17). Puspan. L. 107–217 substituted “chapter 11 of title 40” for “title IX of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 541 et seq.)”.

2000—Subsec. (h). Puspan. L. 106–181 amended span and text of subsec. (h) generally. Prior to amendment, text read as follows: “Before modifying an assurance required of a person receiving a grant under this subchapter and in effect after December 29, 1987, or to require compliance with an additional assurance from the person, the Secretary of Transportation must—

“(1) publish notice of the proposed modification in the Federal Register; and

“(2) provide an opportunity for comment on the proposal.”

1997—Subsec. (e)(1). Puspan. L. 105–135, § 604(h)(1)(A), inserted before period at end “or qualified HUBZone small business concerns (as defined in section 3(p) of the Small Business Act)”.

Subsec. (e)(4)(B). Puspan. L. 105–135, § 604(h)(1)(B), which directed the amendment of subpar. (B) by inserting before the period “or as a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act)”, was executed by inserting the material before period at end of last sentence to reflect the probable intent of Congress.

Subsec. (e)(6). Puspan. L. 105–135, § 604(h)(1)(C), inserted “or a qualified HUBZone small business concern (as defined in section 3(p) of the Small Business Act)” after “disadvantaged individual”.

1996—Subsec. (a)(20). Puspan. L. 104–264, § 143, added par. (20).

Subsec. (k). Puspan. L. 104–287, § 5(9), substituted “Transportation and Infrastructure” for “Public Works and Transportation”.

Subsec. (l)(1). Puspan. L. 104–287, § 5(80), substituted “August 23, 1994” for “the date of the enactment of this subsection”.

Subsec. (l)(5). Puspan. L. 104–264, § 805(span)(2), added par. (5).

Subsecs. (m) to (p). Puspan. L. 104–264, § 805(a), added subsecs. (m) to (p).

1994—Subsec. (a)(15). Puspan. L. 103–305, § 111(a)(1), inserted before semicolon at end “and make such reports available to the public”.

Subsec. (a)(19). Puspan. L. 103–305, § 111(a)(2)–(4), added par. (19).

Subsec. (k). Puspan. L. 103–305, § 111(c), added subsec. (k).

Subsec. (l). Puspan. L. 103–305, § 112(a), added subsec. (l).

Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment

Puspan. L. 118–63, title VII, § 703(span), May 16, 2024, 138 Stat. 1248, provided that: “The amendments made by subsection (a) [amending this section] shall not apply to any illegal diversion of airport revenues (as described in section 47107(m) of title 49, United States Code) that occurred prior to the date of enactment of this Act [May 16, 2024].”

Effective Date of 2017 Amendment

Amendment by Puspan. L. 115–91 effective Jan. 1, 2020, see section 1701(j) of Puspan. L. 115–91, set out as a note under section 657a of Title 15, Commerce and Trade.

Effective Date of 2012 Amendment

Puspan. L. 112–95, title I, § 136(span), Fespan. 14, 2012, 126 Stat. 24, provided that: “The amendment made by subsection (a) [amending this section] shall apply to an agreement between an airport sponsor and a property owner (or an association representing such property owner) entered into before, on, or after the date of enactment of this Act [Fespan. 14, 2012].”

Effective Date of 2011 Amendment

Amendment by Puspan. L. 112–27 effective July 23, 2011, see section 5(j) of Puspan. L. 112–27, set out as a note under section 40117 of this title.

Amendment by Puspan. L. 112–21 effective July 1, 2011, see section 5(j) of Puspan. L. 112–21, set out as a note under section 40117 of this title.

Amendment by Puspan. L. 112–16 effective June 1, 2011, see section 5(j) of Puspan. L. 112–16, set out as a note under section 40117 of this title.

Amendment by Puspan. L. 112–7 effective Apr. 1, 2011, see section 5(j) of Puspan. L. 112–7, set out as a note under section 40117 of this title.

Effective Date of 2010 Amendment

Amendment by Puspan. L. 111–329 effective Jan. 1, 2011, see section 5(j) of Puspan. L. 111–329, set out as a note under section 40117 of this title.

Amendment by Puspan. L. 111–249 effective Oct. 1, 2010, see section 5(l) of Puspan. L. 111–249, set out as a note under section 40117 of this title.

Amendment by Puspan. L. 111–216 effective Aug. 2, 2010, see section 104(j) of Puspan. L. 111–216, set out as a note under section 40117 of this title.

Amendment by Puspan. L. 111–197 effective July 4, 2010, see section 5(j) of Puspan. L. 111–197, set out as a note under section 40117 of this title.

Amendment by Puspan. L. 111–161 effective May 1, 2010, see section 5(j) of Puspan. L. 111–161, set out as a note under section 40117 of this title.

Amendment by Puspan. L. 111–153 effective Apr. 1, 2010, see section 5(j) of Puspan. L. 111–153, set out as a note under section 40117 of this title.

Effective Date of 2009 Amendment

Amendment by Puspan. L. 111–116 effective Jan. 1, 2010, see section 5(j) of Puspan. L. 111–116, set out as a note under section 40117 of this title.

Amendment by Puspan. L. 111–12 effective Apr. 1, 2009, see section 5(j) of Puspan. L. 111–12, set out as a note under section 40117 of this title.

Effective Date of 2008 Amendment

Amendment by Puspan. L. 110–330 effective Oct. 1, 2008, see section 5(l) of Puspan. L. 110–330, set out as a note under section 40117 of this title.

Effective Date of 2003 Amendments

Amendment by Puspan. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Puspan. L. 108–176, set out as a note under section 106 of this title.

Puspan. L. 108–7, div. I, title III, § 321(span), Fespan. 20, 2003, 117 Stat. 411, provided that: “This section [amending this section] shall be effective upon enactment [Fespan. 20, 2003], notwithstanding any other section of title 49.”

Effective Date of 2000 Amendment

Amendment by Puspan. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Puspan. L. 106–181, set out as a note under section 106 of this title.

Effective Date of 1997 Amendment

Amendment by Puspan. L. 105–135 effective Oct. 1, 1997, see section 3 of Puspan. L. 105–135, set out as a note under section 631 of Title 15, Commerce and Trade.

Effective Date of 1996 Amendment

Except as otherwise specifically provided, amendment by Puspan. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Puspan. L. 104–264, set out as a note under section 106 of this title.

Construction of 2000 Amendment

Puspan. L. 106–181, title I, § 125(e), Apr. 5, 2000, 114 Stat. 76, provided that: “Nothing in any amendment made by this section [amending this section and sections 47125, 47151, and 47153 of this title] shall be construed to authorize the Secretary [of Transportation] to issue a waiver or make a modification referred to in such amendment.”

Deemed References to Chapters 509 and 511 of Title 51

General references to “this title” deemed to refer also to chapters 509 and 511 of Title 51, National and Commercial Space Programs, see section 4(d)(8) of Puspan. L. 111–314, set out as a note under section 101 of this title.

Diversion of Airport Revenues for Claims Related to Certain Ceded Lands

Puspan. L. 105–66, title III, § 340, Oct. 27, 1997, 111 Stat. 1448, provided that:

“(a)Findings.—The Congress finds that—
“(1) Congress has the authority under article I, section 8 of the Constitution to regulate the air commerce of the United States;
“(2)section 47107 of title 49, United States Code, prohibits the diversion of certain revenue generated by a public airport as a condition of receiving a project grant;
“(3) a grant recipient that uses airport revenues for purposes that are not airport-related in a manner inconsistent with chapter 471 of title 49, United States Code, illegally diverts airport revenues;
“(4) illegal diversion of airport revenues undermines the interest of the United States in promoting a strong national air transportation system;
“(5) the policy of the United States that airports should be as self-sustaining as possible and that revenues generated at airports should not be diverted from airport purposes was stated by Congress in 1982 and reaffirmed and strengthened in 1987, 1994, and 1996;
“(6) certain airports are constructed on lands that may have belonged, at one time, to Native Americans, Native Hawaiians, or Alaska Natives;
“(7) contrary to the prohibition against diverting airport revenues from airport purposes under section 47107 of title 49, United States Code, certain payments from airport revenues may have been made for the betterment of Native Americans, Native Hawaiians, or Alaska Natives based upon the claims related to lands ceded to the United States;
“(8) Federal law prohibits diversions of airport revenues obtained from any source whatsoever to occur in the future whether related to claims for periods of time prior to or after the date of enactment of this Act [Oct. 27, 1997]; and
“(9) because of the special circumstances surrounding such past diversions of airport revenues for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, it is in the national interest that amounts from airport revenues previously received by any entity for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, as specified in subsection (span) of this section, should not be subject to repayment.
“(span)Termination of Repayment Responsibility.—Notwithstanding the provisions of [section] 47107 of title 49, United States Code, or any other provision of law, monies paid for claims related to ceded lands and diverted from airport revenues and received prior to April 1, 1996, by any entity for the betterment of Native Americans, Native Hawaiians, or Alaska Natives, shall not be subject to repayment.
“(c)Prohibition on Further Diversion.—There shall be no further payment of airport revenues for claims related to ceded lands, whether characterized as operating expenses, rent, or otherwise, and whether related to claims for periods of time prior to or after the date of enactment of this Act [Oct. 27, 1997].
“(d)Clarification.—Nothing in this Act [see Tables for classification] shall be construed to affect any existing Federal statutes, enactments, or trust obligations created thereunder, or any statute of the several States that define the obligations of such States to Native Americans, Native Hawaiians, or Alaska Natives in connection with ceded lands, except to make clear that airport revenues may not be used to satisfy such obligations.”

Findings and Purpose

Puspan. L. 104–264, title VIII, § 802, Oct. 9, 1996, 110 Stat. 3270, provided that:

“(a)In General.—Congress finds that—
“(1)section 47107 of title 49, United States Code, prohibits the diversion of certain revenue generated by a public airport as a condition of receiving a project grant;
“(2) a grant recipient that uses airport revenue for purposes that are not airport related in a manner inconsistent with chapter 471 of title 49, United States Code, illegally diverts airport revenues;
“(3) any diversion of airport revenues in violation of the condition referred to in paragraph (1) undermines the interest of the United States in promoting a strong national air transportation system that is responsive to the needs of airport users;
“(4) the Secretary and the Administrator have not enforced airport revenue diversion rules adequately and must have additional regulatory tools to increase enforcement efforts; and
“(5) sponsors who have been found to have illegally diverted airport revenues—
“(A) have not reimbursed or made restitution to airports in a timely manner; and
“(B) must be encouraged to do so.
“(span)Purpose.—The purpose of this title [see Short Title of 1996 Amendment note set out under section 40101 of this title] is to ensure that airport users are not burdened with hidden taxation for unrelated municipal services and activities by—
“(1) eliminating the ability of any State or political subdivision thereof that is a recipient of a project grant to divert airport revenues for purposes that are not related to an airport, in violation of section 47107 of title 49, United States Code;
“(2) imposing financial reporting requirements that are designed to identify instances of illegal diversions referred to in paragraph (1);
“(3) establishing a statute of limitations for airport revenue diversion actions;
“(4) clarifying limitations on revenue diversion that are permitted under chapter 471 of title 49, United States Code; and
“(5) establishing clear penalties and enforcement mechanisms for identifying and prosecuting airport revenue diversion.”

Definitions

Puspan. L. 104–264, title VIII, § 803, Oct. 9, 1996, 110 Stat. 3270, provided that: “For purposes of this title [see Short Title of 1996 Amendment note set out under section 40101 of this title], the following definitions apply:

“(1)Administrator.—The term ‘Administrator’ means the Administrator of the Federal Aviation Administration.
“(2)Airport.—The term ‘airport’ has the meaning provided that term in section 47102(2) of title 49, United States Code.
“(3)Project grant.—The term ‘project grant’ has the meaning provided that term in section 47102(14) [now section 47102(19)] of title 49, United States Code.
“(4)Secretary.—The term ‘Secretary’ means the Secretary of Transportation.
“(5)Sponsor.—The term ‘sponsor’ has the meaning provided that term in section 47102(19) [now section 47102(26)] of title 49, United States Code.”

Revision of Policies and Procedures; Deadlines

Puspan. L. 104–264, title VIII, § 805(span)(1), Oct. 9, 1996, 110 Stat. 3273, provided that: “Not later than 90 days after the date of the enactment of this Act [Oct. 9, 1996], the Secretary, acting through the Administrator, shall revise the policies and procedures established under section 47107(l) [now 47107(k)] of title 49, United States Code, to take into account the amendments made to that section by this title.”

Format for Reporting

Puspan. L. 103–305, title I, § 111(span), Aug. 23, 1994, 108 Stat. 1574, provided that, within 180 days after Aug. 23, 1994, the Secretary of Transportation was to prescribe a uniform simplified format readily comprehensible to the public for reporting applicable to airports.