In subsection (a), before clause (1), the words “The Secretary of Transportation has a discretionary fund” are added for clarity. In clause (1), the words “subject to apportionment for a fiscal year” are substituted for “which are made available for a fiscal year under section 2204 of this Appendix” and “which have not been previously apportioned by the Secretary” for consistency with section 47114 of the revised title.

In subsection (c), before clause (1), the words “Subject to section 2207 (d) of this Appendix and paragraph (4) of this subsection” and “pursuant to paragraph (1) and distributed by the Secretary under this subsection in a fiscal year beginning after September 30, 1987” are omitted as surplus.

In subsection (d), before clause (1), the words “at airports” are omitted as surplus. In clause (3), the words “airport operator or other” are omitted as surplus.

In subsection (e), the words “submitted in compliance with this chapter” and “portion of” are omitted as surplus.

In subsection (f), the text of section 104(b) of the Airport Improvement Program Temporary Extension Act of 1994 (Public Law 103–260, 108 Stat. 699) is omitted as executed.

This sets out the date of enactment of 49:47115(f), as enacted by section 112(d) of the Federal Aviation Administration Authorization Act of 1994 (Public Law 103–305, 108 Stat. 1576).

This redesignates 49:47115(f), as enacted by section 6(67) of the Act of October 31, 1994 (Public Law 103–429, 108 Stat. 4386), as 49:47115(g).

The Airport and Airway Improvement Act of 1982, referred to in subsec. (g)(1)(B), is title V of Pub. L. 97–248, Sept. 3, 1982, 96 Stat. 671, as amended, which was classified principally to chapter 31 (§ 2201 et seq.) of former Title 49, Transportation, and was substantially repealed by Pub. L. 103–272, § 7(b), July 5, 1994, 108 Stat. 1379, and reenacted by the first section thereof as this subchapter.

Section 47102 (3)(J), referred to in subsec. (i), was repealed and subpar. (M) was redesignated (J) by Pub. L. 108–176, title I, § 159(b)(1)(A), Dec. 12, 2003, 117 Stat. 2510.

2003—Subsec. (d). Pub. L. 108–176, § 148, amended subsec. (d) generally. Prior to amendment, subsec. (d) listed six things the Secretary was required to consider in selecting a project for a grant to preserve and enhance capacity as described in subsection (c)(1) of this section.

Subsec. (j). Pub. L. 108–176, § 188, added subsec. (j).

2001—Subsec. (i). Pub. L. 107–71 added subsec. (i).

1999—Subsec. (a)(2). Pub. L. 106–6, § 8(a)(1), substituted “12.5” for “25”.

Subsec. (b). Pub. L. 106–6, § 8(a)(2), struck out at end “However, 50 percent of amounts not apportioned under section 47114 of this title because of section 47114 (f) and added to the fund is available for making grants for projects at small hub airports (as defined in section 41731 of this title).”

Subsec. (g)(4). Pub. L. 106–6, § 5, which directed the amendment of section 47115 (g) by striking paragraph (4), without specifying the Code title to be amended, was executed by striking heading and text of par. (4) of subsec. (g) of this section, to reflect the probable intent of Congress. Text read as follows: “For a fiscal year in which the amount credited to the fund under this subsection exceeds $300,000,000, the Secretary shall allocate the amount of such excess as follows:

“(A) 1/3 shall be made available to airports for which apportionments are made under section 47114 (d) of this title.

“(B) 1/3 shall be made available for airport noise compatibility planning under section 47505 (a)(2) of this title and for carrying out noise compatibility programs under section 47504 (c)(1) of this title.

“(C) 1/3 shall be made available to current or former military airports for which grants may be made under section 47117 (e)(1)(B) of this title.”

1996—Subsec. (d)(2). Pub. L. 104–264, § 145(a)(1), substituted “, 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;” for “; and”.

Subsec. (d)(4) to (6). Pub. L. 104–264, § 145(a)(2), (3), added pars. (4) to (6).

Subsec. (f). Pub. L. 104–287, § 5(81)(B), which directed that subsec. (f), as enacted by Pub. L. 103–429, be redesignated (g), could not be executed because of amendment by Pub. L. 104–264, § 122, which struck out that subsec. See below.

Pub. L. 104–264, § 122, struck out subsec. (f), relating to minimum amount to be credited, which read as follows:

“(f) Minimum Amount To Be Credited.—(1) In a fiscal year, at least $325,000,000 of the amount made available under section 48103 of this title shall be credited to the fund. 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) In a fiscal year in which the amount credited under subsection (a) of this section is less than $325,000,000, the total amount calculated under paragraph (3) of this subsection shall be reduced by an amount that, when credited to the fund, together with the amount credited under subsection (a), equals $325,000,000.

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

Subsec. (f)(2). Pub. L. 104–287, § 5(81)(A), substituted “August 23, 1994” for “the date of the enactment of this subsection”.

Subsec. (g). Pub. L. 104–264, § 122, added subsec. (g).

Subsec. (h). Pub. L. 104–264, § 145(b), added subsec. (h).

1994—Subsec. (f). Pub. L. 103–429 added subsec. (f) relating to minimum amount to be credited.

Pub. L. 103–305 added subsec. (f) relating to consideration of diversion of revenues in awarding discretionary grants.

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

Amendment by section 5(81)(B) of Pub. L. 104–287 effective Sept. 30, 1998, see section 8(2) of Pub. L. 104–287, as amended, set out as a note under section 47117 of this title.

Except as otherwise specifically provided, amendment by Pub. 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 Pub. L. 104–264, set out as a note under section 106 of this title.