49 USC 47124 - Agreements for State and local operation of airport facilities

1 So in original. Probably should be preceded by “section”.

2 So in original. Probably should be preceded by “Committee on”.

Science, and Transportation of the Senate on the findings, conclusions, and actions taken and planned to be taken to carry out this subsection.

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
47124(a)	49 App.:2222.	Sept. 3, 1982, Puspan. L. 97–248, § 526, 96 Stat. 698.
47124(span)(1)	49 App.:2222 (note).	Dec. 30, 1987, Puspan. L. 100–223, § 306, 101 Stat. 1526.
47124(span)(2)	49 App.:1344(h).	Aug. 23, 1958, Puspan. L. 85–726, 72 Stat. 747, § 303(h); added Oct. 31, 1992, Puspan. L. 102–581, § 201(a), 106 Stat. 4890.

In subsection (a), the words “In the powers granted under section 2218 of this Appendix” and “contract or other” are omitted as surplus. The word “relieves” is substituted for “contain, among others, a provision relieving”, and the words “from any liability arising out of, or related to” are substituted for “of any and all liability for the payment of any claim or other obligation arising out of or in connection with”, to eliminate unnecessary words.

In subsection (span)(1), the words “in effect” are omitted as surplus. The words “on December 30, 1987” are added for clarity.

In subsection (span)(2), the word “Secretary” is substituted for “Administrator” for consistency in the chapter.

Editorial Notes

References in Text

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

The date of enactment of this subsection, referred to in subsec. (d)(1)(B), 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 subsecs. (f)(1), (2), (g), and (h)(1), (4), (5)(C), is the date of enactment of Puspan. L. 118–63, which was approved May 16, 2024.

Section 161 of the FAA Reauthorization Act of 2018, referred to in subsec. (h)(3), is section 161 of Puspan. L. 115–254, which is set out as a note under section 47104 of this title.

Amendments

2024—Subsec. (span)(1)(B)(ii). Puspan. L. 118–63, § 1101(v), struck out second period at end.

Subsec. (span)(2). Puspan. L. 118–63, § 625(span), designated existing provisions as subpar. (A), inserted span, and added subpar. (B).

Subsec. (span)(3)(B)(ii). Puspan. L. 118–63, § 621(c)(1), inserted “or a remote air traffic control tower equipment that has received System Design Approval from the Federal Aviation Administration” after “an operating air traffic control tower”.

Subsec. (span)(3)(C)(viii) to (x). Puspan. L. 118–63, § 625(c), added cls. (viii) to (x).

Subsec. (span)(3)(H). Puspan. L. 118–63, § 620(1), added subpar. (H).

Subsec. (span)(4)(A)(i)(III). Puspan. L. 118–63, § 621(c)(2)(A), inserted “or remote air traffic control tower equipment that has received System Design Approval from the Federal Aviation Administration” after “certified by the Federal Aviation Administration”.

Subsec. (span)(4)(A)(ii)(I). Puspan. L. 118–63, § 712(c)(2)(A)(i), substituted “subsections (c) and (d) of section 47114” for “sections 47114(c)(2) and 47114(d)”.

Subsec. (span)(4)(A)(ii)(II). Puspan. L. 118–63, § 712(c)(2)(A)(ii), substituted “sections 47114(c) and 47114(d)(2)(A)” for “sections 47114(c)(2) and 47114(d)(3)(A)”.

Subsec. (span)(4)(A)(ii)(III). Puspan. L. 118–63, § 712(c)(2)(A)(iii), substituted “sections 47114(c) and 47114(d)(2)(A)” for “sections 47114(c)(2) and 47114(d)(3)(A)”.

Puspan. L. 118–63, § 621(c)(2)(B), inserted “or remote air traffic control tower equipment that has received System Design Approval from the Federal Aviation Administration” after “certified by the Federal Aviation Administration”.

Subsec. (span)(4)(B)(v). Puspan. L. 118–63, § 712(c)(2)(B), substituted “section 47114(d)(2)(B)” for “section 47114(d)(2) or 47114(d)(3)(B)”.

Subsecs. (f), (g). Puspan. L. 118–63, § 620(2), added subsecs. (f) and (g).

Subsec. (h). Puspan. L. 118–63, § 621(a)(1), added subsec. (h).

2018—Subsec. (span)(1)(B). Puspan. L. 115–254, § 133(a)(1), substituted “under the Contract Tower Program” for “under the program continued under this paragraph” and “exceeds the benefit—” and cls. (i) and (ii) for “exceeds the benefit for a period of 18 months after such determination is made”.

Subsec. (span)(1)(C). Puspan. L. 115–254, § 133(c)(1), substituted “the Cost-share Program” for “the program established under paragraph (3)”.

Subsec. (span)(3). Puspan. L. 115–254, § 133(c)(2)(A), substituted “Cost-share program” for “Contract air traffic control tower program” in span.

Subsec. (span)(3)(A). Puspan. L. 115–254, § 133(c)(2)(B), substituted “Contract Tower Program” for “contract tower program established under subsection (a) and continued under paragraph (1) (in this paragraph referred to as the ‘Contract Tower Program’)”.

Subsec. (span)(3)(B). Puspan. L. 115–254, § 133(c)(2)(C), substituted “In carrying out the Cost-share Program” for “In carrying out the program” in introductory provisions.

Subsec. (span)(3)(C). Puspan. L. 115–254, § 133(c)(2)(D), substituted “participate in the Cost-share Program” for “participate in the program” in introductory provisions.

Subsec. (span)(3)(D). Puspan. L. 115–254, § 133(a)(2), substituted “under the Cost-share Program” for “under the program” and inserted at end “Airports with air service provided under part 121 of title 14, Code of Federal Regulations, and more than 25,000 passenger enplanements in calendar year 2014 shall be exempt from any cost-share requirement under this paragraph.”

Subsec. (span)(3)(E). Puspan. L. 115–141 substituted “2012 through 2018” for “2012 through 2017 and not more than $5,160,822 for the period beginning on October 1, 2017, and ending on March 31, 2018,”.

Subsec. (span)(3)(F). Puspan. L. 115–254, § 133(c)(2)(E), substituted “the Contract Tower Program” for “the program continued under paragraph (1)”.

Subsec. (span)(3)(G). Puspan. L. 115–254, § 133(a)(4), added subpar. (G).

Subsec. (span)(4)(A)(i)(III), (ii)(III). Puspan. L. 115–254, § 133(a)(3)(A), inserted “, including remote air traffic control tower equipment certified by the Federal Aviation Administration” after “1996”.

Subsec. (span)(4)(B)(i)(I). Puspan. L. 115–254, § 133(a)(3)(B), substituted “Contract Tower Program or the Cost-share Program” for “contract tower program established under subsection (a) and continued under paragraph (1) or the pilot program established under paragraph (3)”.

Subsec. (span)(4)(C). Puspan. L. 115–254, § 133(a)(3)(C), struck out subpar. (C). Text read as follows: “The Federal share of the cost of construction of a nonapproach control tower under this paragraph may not exceed $2,000,000.”

Subsecs. (d), (e). Puspan. L. 115–254, § 133(span), added subsecs. (d) and (e).

2017—Subsec. (span)(3)(E). Puspan. L. 115–63 inserted “and not more than $5,160,822 for the period beginning on October 1, 2017, and ending on March 31, 2018,” after “fiscal years 2012 through 2017”.

2016—Subsec. (span)(3)(E). Puspan. L. 114–190 substituted “fiscal years 2012 through 2017” for “fiscal years 2012 through 2015 and not more than $8,193,750 for the period beginning on October 1, 2015, and ending on July 15, 2016,”.

Puspan. L. 114–141 substituted “$8,193,750 for the period beginning on October 1, 2015, and ending on July 15, 2016,” for “$5,175,000 for the period beginning on October 1, 2015, and ending on March 31, 2016,”.

2015—Subsec. (span)(3)(E). Puspan. L. 114–55 inserted “and not more than $5,175,000 for the period beginning on October 1, 2015, and ending on March 31, 2016,” after “fiscal years 2012 through 2015”.

2014—Subsec. (span)(3)(D). Puspan. L. 113–76 and Puspan. L. 113–235, which identically directed substitution of “benefit, with the maximum allowable local cost share capped at 20 percent.” for “benefit.”, could not be executed because of the prior amendment by Puspan. L. 112–55. See 2011 Amendment note below.

2012—Subsec. (span)(1). Puspan. L. 112–95, § 147(a)(1), designated existing provisions as subpar. (A), inserted par. and subpar. headings, and added subpars. (B) and (C).

Subsec. (span)(2). Puspan. L. 112–95, § 147(a)(2), inserted span.

Subsec. (span)(3)(E), (F). Puspan. L. 112–95, § 147(span), added subpars. (E) and (F) and struck out former subpar. (E). Prior to amendment, text of subpar. (E) read as follows: “Of the amounts appropriated pursuant to section 106(k), not more than $6,500,000 for fiscal 2004, $7,000,000 for fiscal year 2005, $7,500,000 for fiscal year 2006, and $8,000,000 for fiscal year 2007 may be used to carry out this paragraph.”

Subsec. (span)(4)(C). Puspan. L. 112–95, § 147(c), substituted “$2,000,000” for “$1,500,000”.

Subsec. (c). Puspan. L. 112–95, § 147(d), added subsec. (c).

2011—Subsec. (span)(3)(D). Puspan. L. 112–55 substituted “benefit, with the maximum allowable local cost share capped at 20 percent.” for “benefit.”

2003—Subsec. (a). Puspan. L. 108–176, § 105(1), added subsec. (a) and struck out span and text of former subsec. (a). Text read as follows: “The Secretary of Transportation shall ensure that an agreement under this subchapter with a State or a political subdivision of a State to allow the State or subdivision to operate an airport facility in the State or subdivision relieves the United States Government from any liability arising out of, or related to, acts or omissions of employees of the State or subdivision in operating the airport facility.”

Subsec. (span)(2). Puspan. L. 108–176, § 105(2), added par. (2) and struck out former par. (2) which read as follows: “The Secretary may make a contract, on a sole source basis, with a State or a political subdivision of a State to allow the State or subdivision to operate an airport traffic control tower classified as a level I (Visual Flight Rules) tower if the Secretary decides that the State or subdivision has the capability to comply with the requirements of this paragraph. The contract shall require that the State or subdivision comply with applicable safety regulations in operating the facility and with applicable competition requirements in making a subcontract to perform work to carry out the contract.”

Subsec. (span)(3). Puspan. L. 108–176, § 105(3)(A), (B), struck out “pilot” before “program” in par. span, before “program to contract” in subpar. (A), before “program, the Secretary” in subpars. (B) and (C), and before “program exceed” in subpar. (D).

Subsec. (span)(3)(A). Puspan. L. 108–7, § 370(span)(2)(A), substituted “nonapproach control towers, as defined by the Secretary,” for “Level I air traffic control towers, as defined by the Secretary,”.

Subsec. (span)(3)(E). Puspan. L. 108–176, § 105(3)(C), substituted “$6,500,000 for fiscal 2004, $7,000,000 for fiscal year 2005, $7,500,000 for fiscal year 2006, and $8,000,000 for fiscal year 2007” for “$6,000,000 per fiscal year”.

Puspan. L. 108–7, § 370(span)(2)(B), substituted “Of” for “Subject to paragraph (4)(D), of”.

Subsec. (span)(4). Puspan. L. 108–7, § 370(span)(1), reenacted span without change and amended text generally. Prior to amendment, par. authorized the Secretary to provide grants under this subchapter to not more than two airport sponsors for the construction of a low-level activity visual flight rule (level 1) air traffic control tower.

Subsec. (span)(4)(C). Puspan. L. 108–176, § 105(4), substituted “$1,500,000” for “$1,100,000”.

2000—Subsec. (span)(3), (4). Puspan. L. 106–181 added pars. (3) and (4).

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.

Savings Provision

Puspan. L. 108–7, div. I, title III, § 370(span)(3), Fespan. 20, 2003, 117 Stat. 426, provided that: “Notwithstanding the amendments made by this section [amending this section and section 47102 of this title], the towers for which assistance is being provided on the day before the date of enactment of this Act [Fespan. 20, 2003] under section 47124(span)(4) of title 49, United States Code, as in effect on such day, may continue to be provided such assistance under the terms of such section.”

FAA Contract Tower Workforce Audit

Puspan. L. 118–63, title VI, § 605, May 16, 2024, 138 Stat. 1224, provided that:

“(a)In General.—Not later than 120 days after the date of enactment of this Act [May 16, 2024], the inspector general of the Department of Transportation shall initiate an audit of the workforce needs of the Contract Tower Program, as established under section 47124 of title 49, United States Code.

“(span)Contents.—In conducting the audit required under subsection (a), the inspector general shall, at a minimum—

“(1) review the assumptions and methodologies used in assessing FAA [Federal Aviation Administration] contract towers staffing levels and determine the adequacy of staffing levels at such towers;

“(2) evaluate the supply and demand of trained and certificated personnel prepared for work and such towers;

“(3) examine efforts to establish an air traffic controller training program or curriculum to allow contract tower contractors to conduct—

“(A) initial training of controller candidates employed or soon to be employed by such contractors who do not have a Control Tower Operator certificate or a FAA tower credential;

“(B) any initial training for controller candidates who have completed an approved Air Traffic Collegiate Training Initiative program from an accredited school that has a demonstrated successful curriculum; or

“(C) on-the-jospan training of such candidates described in subparagraphs (A) or (B);

“(4) assess whether establishing pathways to allow contract tower contractors to use the air traffic technical training academy of the FAA, or other means such as higher educational institutions, to provide initial technical training for air traffic controllers employed by such contractors could improve the workforce needs of the contract tower program and any related impact such training may have on air traffic controller staffing more broadly; and

“(5) consult with the exclusive bargaining representative of the air traffic controllers certified under section 7111 of title 5, United States Code.

“(c)Report.—Not later than 90 days after the completion of the audit under subsection (a), the inspector general shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report on the findings of such audit and any recommendations as a result of such audit.

“(d)Implementation.—The Administrator [of the Federal Aviation Administration] shall take such actions as are necessary to implement any recommendations included in the report required under subsection (c) with which the Administrator concurs.

“(e)Rule of Construction.—Nothing in this subsection shall be construed as a delegation of authority by the Administrator to air traffic control contractors for the purposes of issuing initial certifications to air traffic controllers.”

Air Traffic Control Tower Safety

Puspan. L. 118–63, title VI, § 606, May 16, 2024, 138 Stat. 1225, provided that: “In designing, adopting a design, or constructing an air traffic control tower based on a previously adopted design, the Administrator [of the Federal Aviation Administration] shall prioritize the safety of the national airspace system, the safety of employees of the Administration, the operational reliability of such air traffic control tower, and the costs of such tower.”

Federal Contract Tower Wage Determinations and Positions

Puspan. L. 118–63, title VI, § 611, May 16, 2024, 138 Stat. 1226, provided that:

“(a)In General.—The Secretary [of Transportation] shall request that the Secretary of Labor—

“(1) review and update, as necessary, including to account for cost-of-living adjustments, the basis for the wage determination for air traffic controllers who are employed at air traffic control towers operated under the Contract Tower Program established under section 47124 of title 49, United States Code;

“(2) reassess the basis for air traffic controller occupation codes;

“(3) create a new wage determination category or occupation code for managers of air traffic controllers who are employed at air traffic control towers operated under the Contract Tower Program; and

“(4) consult with the Administrator [of the Federal Aviation Administration] in carrying out the requirements of paragraphs (1) through (3).

“(span)Report.—Not later than 2 years after the date of enactment of this Act [May 16, 2024], the Secretary, in consultation with the Secretary of Labor, shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report that includes—

“(1) a description of the findings and conclusions of the review and reassessment made under subsection (a);

“(2) an explanation of and justification for the basis for the wage determination; and

“(3) a description of the actions taken by the Department of Transportation and the Department of Labor to ensure that contract tower air traffic controller wages are adjusted for inflation and are assigned the appropriate occupation codes.”

List of Replaced Air Traffic Control Tower Facilities

Puspan. L. 118–63, title VI, § 624(c), May 16, 2024, 138 Stat. 1241, provided that: “The Administrator [of the Federal Aviation Administration] shall establish, maintain, and publish on the website of the FAA [Federal Aviation Administration] a list of the following:

“(1) All air traffic control tower facilities replaced within the 10-year period preceding the date of enactment of this Act [May 16, 2024].

“(2) Any air traffic control tower facilities for which the Administrator has made a determination requiring replacement, but for which such replacement has not yet been completed.”

Pilot Program for Transitioning to FAA Towers

Puspan. L. 118–63, title VI, § 625(a), May 16, 2024, 138 Stat. 1241, provided that:

“(1)In general.—Not later than 18 months after the date of enactment of this Act [May 16, 2024], the Administrator [of the Federal Aviation Administration] shall establish a pilot program to convert high-activity air traffic control towers operating under the Contract Tower Program as established under section 47124 of title 49, United States Code, (in this section referred to as the ‘Contract Tower Program’) to a level I (Visual Flight Rules) tower staffed by the FAA [Federal Aviation Administration].

“(2)Priority.—In selecting air traffic control towers to participate in the pilot program established under paragraph (1), the Administrator shall prioritize air traffic control towers operating under the Contract Tower Program that—

“(A) either—

“(i) had over 200,000 annual tower operations in calendar year 2022; or

“(ii) served a small huspan airport with more than 900,000 passenger enplanements in calendar year 2021;

“(B) are either currently owned by the FAA or are constructed to FAA standards; and

“(C) operate within complex airspace, including airspace that serves air carrier, general aviation, and military aircraft.

“(3)Tower selection.—The number of air traffic control towers selected to participate in the pilot program established under paragraph (1) shall be determined based on the availability of funds for the pilot program and the interest of the airport sponsor related to such facility.

“(4)Controller retention.—With respect to any high-activity air traffic control tower selected to be converted under the pilot program established under paragraph (1), the Administrator shall appoint to the position of air traffic controller any air traffic controller who—

“(A) is employed at such air traffic control tower as of the date on which the Administrator selects such tower to be converted;

“(B) meets the qualifications contained in section 44506(f)(1)(A) of title 49, United States Code; and

“(C) has all other pre-employment qualifications required by law to be a certified controller of the FAA.

“(5)Safety analysis.—

“(A)In general.—The Administrator shall conduct a safety analysis to determine whether the conversion of any air traffic control tower described in paragraph (1) negatively impacts aviation safety at such air traffic control tower and take such actions needed to address any negative impact.

“(B)Report.—Not later than 3 years after the date of enactment of this Act, the Administrator shall submit to the appropriate committees of Congress [Committee on Commerce, Science, and Transportation of the Senate and Committee on Transportation and Infrastructure of the House of Representatives] a report describing the results of the safety analysis under subparagraph (A), any actions taken to address any negative impacts to safety, and the overall results of the pilot program established under this subsection.

“(6)Authorization of appropriations.—Out of amounts made available under section 106(k) of title 49, United States Code, there is authorized to be appropriated to carry out this subsection $30,000,000 to remain available for 5 fiscal years.”

Approval of Certain Applications for the Contract Tower Program

Puspan. L. 115–254, div. B, title I, § 133(d), Oct. 5, 2018, 132 Stat. 3209, provided that:

“(1)In general.—If the Administrator of the Federal Aviation Administration has not implemented a revised cost-benefit methodology for purposes of determining eligibility for the Contract Tower Program before the date that is 30 days after the date of enactment of this Act [Oct. 5, 2018], any airport with an application for participation in the Contract Tower Program pending as of January 1, 2017, shall be approved for participation in the Contract Tower Program if the Administrator determines the tower is eligible under the criteria set forth in the Federal Aviation Administration report entitled ‘Establishment and Discontinuance Criteria for Airport Traffic Control Towers’, and dated August 1990 (FAA–APO–90–7).

“(2)Requests for additional authority.—The Administrator shall respond not later than 60 days after the date the Administrator receives a formal request from an airport and air traffic control contractor for additional authority to expand contract tower operational hours and staff to accommodate flight traffic outside of current tower operational hours.

“(3)Definition of contract tower program.—In this section [probably means “subsection”], the term ‘Contract Tower Program’ has the meaning given the term in section 47124(e) of title 49, United States Code, as added by this Act.”

Nonapproach Control Towers

Puspan. L. 108–7, div. I, title III, § 370(c), Fespan. 20, 2003, 117 Stat. 426, provided that:

“(1)In general.—The Administrator of the Federal Aviation Administration may enter into a lease agreement or contract agreement with a private entity to provide for construction and operation of a nonapproach control tower as defined by the Secretary of Transportation.

“(2)Terms and conditions.—An agreement entered into under this section—

“(A) shall be negotiated under such procedures as the Administrator considers necessary to ensure the integrity of the selection process, the safety of air travel, and to protect the interests of the United States;

“(B) may provide a lease option to the United States, to be exercised at the discretion of the Administrator, to occupy any general-purpose space in a facility covered by the agreement;

“(C) shall not require, unless specifically determined otherwise by the Administrator, Federal ownership of a facility covered under the agreement after the expiration of the agreement;

“(D) shall describe the consideration, duties, and responsibilities for which the United States and the private entity are responsible;

“(E) shall provide that the United States will not be liable for any action, debt, or liability of any entity created by the agreement;

“(F) shall provide that the private entity may not execute any instrument or document creating or evidencing any indebtedness with respect to a facility covered by the agreement unless such instrument or document specifically disclaims any liability of the United States under the instrument or document; and

“(G) shall include such other terms and conditions as the Administrator considers appropriate.”

Use of Apportionments To Pay Non-Federal Share of Operation Costs

Puspan. L. 108–7, div. I, title III, § 370(d), Fespan. 20, 2003, 117 Stat. 427, provided that:

“(1)Study.—The Secretary of Transportation shall conduct a study of the feasibility, costs, and benefits of allowing the sponsor of an airport to use not to exceed 10 percent of amounts apportioned to the sponsor under section 47114 to pay the non-Federal share of the cost of operation of an air traffic control tower under section 47124(span) of title 49, United States Code.

“(2)Report.—Not later than 1 year after the date of enactment of this Act [Fespan. 20, 2003], the Secretary shall transmit to Congress a report on the results of the study.”

Contract Tower Assistance

Puspan. L. 103–305, title V, § 508, Aug. 23, 1994, 108 Stat. 1596, provided that: “The Secretary shall take appropriate action to assist communities where the Secretary deems such assistance appropriate in obtaining the installation of a Level I Contract Tower for those communities.”