49 USC 47115 - Discretionary fund

View all text of Subchapter I [§ 47101 - § 47146]

§ 47115. Discretionary fund

(a)Existence and Amounts in Fund.—The Secretary of Transportation has a discretionary fund. The fund consists of—

(1) amounts subject to apportionment for a fiscal year that are not apportioned under section 47114(c)–(e) of this title; and

(2) 12.5 percent of amounts not apportioned under section 47114 of this title because of section 47114(f).

(b)Availability of Amounts.—Subject to subsection (c) of this section and section 47117(e) of this title, the fund is available for making grants for any purpose for which amounts are made available under section 48103 of this title that the Secretary considers most appropriate to carry out this subchapter.

(c)Minimum Percentage for Primary and Reliever Airports.—At least 75 percent of the amount in the fund and distributed by the Secretary in a fiscal year shall be used for making grants—

(1) to preserve and enhance capacity, safety, and security at primary and reliever airports; and

(2) to carry out airport noise compatibility planning and programs at primary and reliever airports.

(d)Considerations.—

(1)For capacity enhancement projects.—In selecting a project for a grant to preserve and improve capacity funded in whole or in part from the fund, the Secretary shall consider—

(A) the effect that the project will have on overall national transportation system capacity;

(B) the benefit and cost of the project, including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system;

(D) the airport improvement priorities of the States to the extent such priorities are not in conflict with subparagraphs (A) and (B);

(E) the projected growth in the number of passengers or aircraft that will be using the airport at which the project will be carried out; and

(F) the ability of the project to foster United States competitiveness in securing global air cargo activity at a United States airport.

(2)For all projects.—In selecting a project for a grant under this section, the Secretary shall consider among other factors whether—

(A) funding has been provided for all other projects qualifying for funding during the fiscal year under this chapter that have attained a higher score under the numerical priority system employed by the Secretary in administering the fund; and

(B) the sponsor will be able to commence the work identified in the project application in the fiscal year in which the grant is made or within 6 months after the grant is made, whichever is later.

(e)Waiving Percentage Requirement.—If the Secretary decides the Secretary cannot comply with the percentage requirement of subsection (c) of this section in a fiscal year because there are insufficient qualified grant applications to meet that percentage, the amount the Secretary determines will not be distributed as required by subsection (c) is available for obligation during the fiscal year without regard to the requirement.

(f)Consideration of Diversion of Revenues in Awarding Discretionary Grants.—

(1)General rule.—Subject to paragraph (2), in deciding whether or not to distribute funds to an airport from the discretionary funds established by subsection (a) of this section and section 47116 of this title, the Secretary shall consider as a factor militating against the distribution of such funds to the airport the fact that the airport is using revenues generated by the airport or by local taxes on aviation fuel for purposes other than capital or operating costs of the airport or the local airports system or other local facilities which are owned or operated by the owner or operator of the airport and directly and substantially related to the actual air transportation of passengers or property.

(2)Required finding.—Paragraph (1) shall apply only when the Secretary finds that the amount of revenues used by the airport for purposes other than capital or operating costs in the airport’s fiscal year preceding the date of the application for discretionary funds exceeds the amount of such revenues in the airport’s first fiscal year ending after August 23, 1994, adjusted by the Secretary for changes in the Consumer Price Index of All Urban Consumers published by the Bureau of Labor Statistics of the Department of Labor.

(g)Minimum Amount To Be Credited.—

(1)General rule.—In a fiscal year, there shall be credited to the fund, out of amounts made available under section 48103 of this title, an amount that is at least equal to the sum of—

(A) $148,000,000; plus

(B) the total amount required from the fund to carry out in the fiscal year letters of intent issued before January 1, 1996, under section 47110(e) of this title or the Airport and Airway Improvement Act of 1982.

The amount credited is exclusive of amounts that have been apportioned in a prior fiscal year under section 47114 of this title and that remain available for obligation.

(2)Reduction of apportionments.—In a fiscal year in which the amount credited under subsection (a) is less than the minimum amount to be credited under paragraph (1), the total amount calculated under paragraph (3) shall be reduced by an amount that, when credited to the fund, together with the amount credited under subsection (a), equals such minimum amount.

(3)Amount of reduction.—For a fiscal year, the total amount available to make a reduction to carry out paragraph (2) is the total of the amounts determined under sections 47114(c)(1)(A), 47114(c)(2), 47114(d), and 47117(e) of this title. Each amount shall be reduced by an equal percentage to achieve the reduction.

(h)Priority for Letters of Intent.—In making grants in a fiscal year with funds made available under this section, the Secretary shall fulfill intentions to obligate under section 47110(e) prior to fulfilling intentions to obligate under section 47110(i).

(i)Marshall Islands, Micronesia, and Palau.—For fiscal years 2024 through 2028, the sponsors of airports located in the Republic of the Marshall Islands, Federated States of Micronesia, and Republic of Palau shall be eligible for grants under this section and section 47116.

(j)Airport Safety and Resilient Infrastructure Discretionary Program.—

(1)In general.—The Secretary shall establish a program to provide grants, subject to the conditions of this subsection, for any purpose for which amounts are made available under section 48103 that the Secretary considers most appropriate to carry out this subchapter.

(2)Treatment of grants.—

(A)In general.—A grant made under this subsection shall be treated as having been made pursuant to the Secretary’s authority under section 47104(a) and from the Secretary’s discretionary fund under subsection (a) of this section.

(B)Exception.—Except as otherwise provided in this subsection, grants made under this subsection shall not be subject to subsection (c), section 47117(e), or any other apportionment formula, special apportionment category, or minimum percentage set forth in this chapter.

(3)Eligibility and prioritization.—

(A)Eligibility.—The Secretary may provide grants under this subsection for an airport or terminal development project at any airport that is eligible to receive a grant from the discretionary fund under subsection (a) of this section.

(B)Minimum allocation.—Not less than 50 percent of the amounts available under this subsection shall be used to provide grants at nonprimary, nonhub, and small hub airports.

(C)Prioritization.—In making grants for projects eligible under subparagraph (D)(iii), the Secretary shall prioritize grants to large and medium hub airports.

(D)Eligibilities.—In making grants under this subsection, the Secretary shall provide grants to airports for projects that—

(i) meet the definition of “airport development” under section 47102(3)(T);

(ii) would otherwise increase the resilience of airport infrastructure against changing flooding or inundation patterns; or

(iii) reduce runway incursions or increase runway or taxiway safety.

(4)Authorization.—

(A)In general.—There is authorized to be appropriated to the Secretary to carry out this subsection the following amounts:

(i) $532,392,074 for fiscal year 2024.

(ii) $200,000,000 for fiscal year 2025.

(iii) $200,000,000 for fiscal year 2026.

(iv) $200,000,000 for fiscal year 2027.

(v) $200,000,000 for fiscal year 2028.

(B)Availability.—Sums authorized to be appropriated under subparagraph (A) shall remain available for 3 fiscal years.

(k)Partnership Program Airports.—

(1)Authority.—The Secretary may make grants with funds made available under this section for an airport participating in the program under section 47134 if—

(A) the Secretary has approved the application of an airport sponsor under section 47134(b) in fiscal year 2019; and

(B) the grant will—

(i) satisfy an obligation incurred by an airport sponsor under section 47110(e) or funded by a nonpublic sponsor for an airport development project on the airport; or

(ii) provide partial Federal reimbursement for airport development (as defined in section 47102) on the airport layout plan initiated in the fiscal year in which the application was approved, or later, for over a period of not more than 10 years.

(2)Nonapplicability of certain sections.—Grants made under this subsection shall not be subject to—

(A) subsection (c) of this section;

(B) section 47117(e); or

(l)Special Carryover Assumption Rule.—Notwithstanding any other provision of law, in addition to amounts made available under paragraphs (1) and (2) of subsection (a), the Secretary may add to the discretionary fund an amount equal to one-third of the apportionment funds made available under section 47114 that were not required during the previous fiscal year pursuant to section 47117(b)(1) out of the anticipated amount of apportionment funds made available under section 47114 that will not be required during the current fiscal year pursuant to section 47117(b)(1).

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1270; Pub. L. 103–305, title I, § 112(d), Aug. 23, 1994, 108 Stat. 1576; Pub. L. 103–429, § 6(67), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 104–264, title I, §§ 122, 145, Oct. 9, 1996, 110 Stat. 3218, 3222; Pub. L. 104–287, § 5(81), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 106–6, §§ 5, 8(a), Mar. 31, 1999, 113 Stat. 10, 11; Pub. L. 107–71, title I, § 119(a)(3), Nov. 19, 2001, 115 Stat. 628; Pub. L. 108–176, title I, §§ 148, 188, Dec. 12, 2003, 117 Stat. 2504, 2519; Pub. L. 110–253, § 3(c)(5), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, § 5(f), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, § 5(e), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, § 5(f), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, § 5(e), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, § 5(e), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, § 5(e), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, § 5(e), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, § 104(e), Aug. 1, 2010, 124 Stat. 2349; Pub. L. 111–249, § 5(f), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, § 5(e), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, § 5(e), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, § 5(e), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, § 5(e), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, § 5(e), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, § 205(f), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, § 5(f), Jan. 31, 2012, 126 Stat. 4; Pub. L. 112–95, title I, § 144, Feb. 14, 2012, 126 Stat. 29; Pub. L. 114–55, title I, § 102(b), Sept. 30, 2015, 129 Stat. 523; Pub. L. 114–141, title I, § 102(b), Mar. 30, 2016, 130 Stat. 323; Pub. L. 114–190, title I, § 1102(b), July 15, 2016, 130 Stat. 617; Pub. L. 115–63, title I, § 102(c), Sept. 29, 2017, 131 Stat. 1169; Pub. L. 115–141, div. M, title I, § 102(b), Mar. 23, 2018, 132 Stat. 1046; Pub. L. 115–254, div. B, title I, §§ 117(a), 158, 184(a), Oct. 5, 2018, 132 Stat. 3201, 3219, 3234; Pub. L. 118–15, div. B, title II, § 2202(f), (g), Sept. 30, 2023, 137 Stat. 83; Pub. L. 118–34, title I, § 102(f), (g), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118–41, title I, § 102(f), (g), Mar. 8, 2024, 138 Stat. 21; Pub. L. 118–63, title I, § 104(b), title VII, §§ 710(b)(2), 714(a), 715, May 16, 2024, 138 Stat. 1034, 1253, 1257, 1258.)