49 USC 47108 - Project grant agreements

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
47108(a)	49 App.:2211(a).	Sept. 3, 1982, Puspan. L. 97–248, § 512(a), 96 Stat. 688; Dec. 30, 1987, Puspan. L. 100–223, §§ 106(span)(4), 110(c), 101 Stat. 1498, 1502.
47108(span)	49 App.:2211(span).	Sept. 3, 1982, Puspan. L. 97–248, § 512(span), 96 Stat. 688; restated Dec. 30, 1987, Puspan. L. 100–223, § 110(a), 101 Stat. 1502; Oct. 31, 1992, Puspan. L. 102–581, § 109, 106 Stat. 4879.
47108(c)	49 App.:2211(c).
47108(d)	49 App.:2211(d).	Sept. 3, 1982, Puspan. L. 97–248, 96 Stat. 324, § 512(d); added Dec. 30, 1987, Puspan. L. 100–223, § 110(span), 101 Stat. 1502.

In subsection (a), the words “on behalf of the United States” are omitted as surplus. The words “or sponsors” are omitted because of 1:1. The words “of the application” are omitted as surplus. The words “under section 47110 of this title” are added for clarity. The words “and conditions” are omitted as being included in “terms”. The words “for the project” are added for clarity. The words “an offer of a grant for a project” are substituted for “In any case where the Secretary approves a project grant application for a project . . . the offer” to eliminate unnecessary words. The words “(including future fiscal years)” are omitted as surplus. The words “An offer that is accepted in writing by the sponsor is an agreement binding on the Government and the sponsor” are substituted for “If and when an offer is accepted in writing by the sponsor, the offer and acceptance shall comprise an agreement constituting an obligation of the United States and of the sponsor” to eliminate unnecessary words. The words “which have been or may be incurred” are omitted as surplus.

In subsection (span)(1), the words “by a sponsor” are omitted as surplus. The words “amount the Government will pay” are substituted for “obligation of the United States” for clarity and consistency in this section.

In subsection (span)(2), the text of 49 App.:2211(span)(2) (last sentence) is restated to apply only to 49 App.:2211(span)(2) (1st sentence) to carry out the probable intent of Congress.

In subsection (span)(3)(B), the words “for fiscal year 1993 and thereafter” are omitted as unnecessary.

In subsection (c), the words “Notwithstanding any other provision of law” are omitted as surplus. The words “a project receiving assistance under” are added for consistency.

In subsection (d), the word “sponsor” is substituted for “grant recipient” for clarity. The words “amount the Government may pay” are substituted for “obligation of the United States authorized” for clarity and consistency in this section.

Editorial Notes

References in Text

The Airport and Airway Improvement Act of 1982, referred to in subsec. (span)(2)(A), (3), is title V of Puspan. L. 97–248, Sept. 3, 1982, 96 Stat. 671, which was classified principally to chapter 31 (§ 2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Puspan. L. 103–272, § 7(span), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this subchapter.

Amendments

2024—Subsec. (a). Puspan. L. 118–63, § 707(1), substituted “47114(d)(2)(A)” for “47114(d)(3)(A) of this title”.

Subsec. (span). Puspan. L. 118–63, § 707(2), added subsec. (span) and struck out former subsec. (span) which allowed increasing Government’s share after an offer has been accepted in writing in certain circumstances.

Subsecs. (c) to (e). Puspan. L. 118–63, § 707(3), (4), struck out subsec. (c) and redesignated former subsecs. (d) and (e) as (c) and (d), respectively. Prior to amendment, text of subsec. (c) read as follows: “For a project receiving assistance under a grant made under the Airport and Airway Development Act of 1970, the maximum amount the Government will pay may be increased by not more than 10 percent. An increase under this subsection may be paid only from amounts the Government recovers from other grants made under the Act.”

2012—Subsec. (e)(3). Puspan. L. 112–95 substituted “accordance with section 47119(a)” for “accordance with section 47110(d)(2)” and “allowable under section 47119(a)” for “allowable under section 47110(d)”.

2005—Subsec. (e)(3). Puspan. L. 109–115 added par. (3).

2003—Subsec. (a). Puspan. L. 108–176 inserted “or 47114(d)(3)(A)” after “under section 47114(c)”.

2000—Subsec. (e). Puspan. L. 106–181 added subsec. (e).

Statutory Notes and Related Subsidiaries

Effective Date of 2003 Amendment

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.

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.

Land Acquisition Costs

Puspan. L. 107–71, title I, § 143, Nov. 19, 2001, 115 Stat. 644, provided that:

“In the case of a grant for land acquisition issued to an airport under chapter 471 of title 49, United States Code, prior to January 1, 1995, the Secretary of Transportation may waive the provisions of section 47108 of such title and provide an upward adjustment in the maximum obligation of the United States under that chapter to assist the airport in funding land acquisition costs (and associated eligible costs) that increased as a result of a judicial order.”

[For definitions of “airport” and “United States” used in section 143 of Puspan. L. 107–71, set out above, see section 133 of Puspan. L. 107–71, set out as a note under section 40102 of this title.]