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PUBLIC LAW 100-220—DEC. 29, 1987 (6) devise a schedule of economically feasible projects to implement such technologies and practices and to remove such impediments; (7) develop recommendations for funding and coordinating the various Federal, State, and local government programs necessary to implement the projects referred to in paragraph (6); and (8) comprehensively assess alternatives to dumping of municipal sludge and the burning of timber in the New York Bight.

State and local governments.

SEC. 2302. NEW YORK BIGHT PLASTIC STUDY. Reports.

The Administrator ^hall conduct a study of problems gissociated with plastic debris in the New York Bight, with specific attention to the effect of such debris on beaches, marine life, the environment, and coastal waters, and shall report to the Congress within 6 months after the effective date of this section with recommendations for the elimination of the threats posed by such plastic debris. SEC. 2303. REPORTS. (a)

SCHEDULE

FOR

PRELIMINARY

REPORTS

AND RESTORATION

PLAN.—Not later than 6 months after the effective date of this section, the Administrator shall submit to the Congress a detailed schedule (including associated funding requirements) for completing preliminary reports and the New York Bight Restoration Plan under this subtitle. (b) PREUMINARY REPORT ON ALTERNATIVES.—Not later than the earlier of January 1, 1990, or the date of any decision by the Administrator affecting the redesignation of the 106-mile Ocean Waste Dump site for municipal sludge or the designation of any additional municipal sludge dump site, the Administrator shall submit to the Congress a preliminary report assessing alternatives to the ocean dumping of municipal sludge. (c) PREUMINARY REPORT ON POLLUTANT INPUTS.—Not later than 1 year after the effective date of this section, the Administrator shall submit to the Congress a preliminary report on the examinations required under section 2301(b)(l), (b)(2), and (b)(3). (d) PRELIMINARY REPORT ON CONTROL MEASURES.—Not later than 2 years after the effective date of this section, the Administrator shall submit to the Congress a preliminary report on the examinations required under section 23010t)X4), (b)(5), (b)(6), and (b)(7). (e) SUBMISSION OF RESTORATION PLAN TO CONGRESS.—Not later than 3 years after the effective date of this section, the Administrator shall submit to the Congress the New York Bight Restoration Plan prepared under section 2301. SEC. 2304. DEFINITIONS. For purposes of this subtitle— (1) NEW YORK BIGHT.—The term "New York Bight" means an area comprised of the Hudson-Raritan Estuary and waters of the Atlantic Ocean— (A) west of Montauk, Long Island, New York (71 degrees, 50 minutes west longitude); (B) north of Cape May, New Jersey; and V-, (C) extending seaward to the edge of the Continental Shelf. Ijfi (2) ADMINISTRATOR.—The term "Administrator" means the Administrator of the Environmental Protection Agency.

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SEC. 230.5. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Administrator not more than $3,000,000 for carrying out this subtitle during fiscal years 1988, 1989, and 1990.

TITLE III—MARINE SCIENCE, TECHNOLOGY, AND POLICY DEVELOPMENT SEC. 3001. SHORT TITLE.

This title may be cited as the "Marine Science, Technology, and Policy Development Act of 1987".

Subtitle A—National Sea Grant College Program Authorization SEC. 3101. SHORT TITLE.

This subtitle may be cited as the "National Sea Grant College Program Authorization Act of 1987". SEC. 3102. REFERENCE TO THE NATIONAL SEA GRANT COLLEGE PROGRAM ACT.

Unless otherwise provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a title, section, subsection, or other provision, the reference shall be considered to be made to a title, section, subsection, or other provision of the National Sea Grant College Program Act (33 U.S.C. 1121 et seq.). SEC. 3103. DECLARATION OF POLICY.

Section 202 (33 U.S.C. 1121) is amended as follows: (1) Subsection (a) is amended— (A) by redesignating paragraphs (1), (2), and (3) as paragraphs (4), (5), and (6), respectively; and (B) by inserting before paragraph (4) (as redesignated) the following: "(1) The national interest requires a strategy to— "(A) provide for the understanding and wise use of ocean, coastal, and Great Lakes resources and the environment; "(B) foster economic competitiveness; "(C) promote public stewardship and wise economic development of the coastal ocean and its margins, the Great Lakes, and the exclusive economic zone; "(D) understand global environmental processes; and "(E) promote domestic and international cooperative solutions to ocean, coastal, and Great Lakes issues. "(2) Investment in a strong program of research, education, training, technology transfer, and public service is essential for this strategy. "(3) The expanding use and development of ocean, coeistal, and Great Lakes resources resulting from growing coastal area populations and the increasing pressures on the coastal and Great Lakes environment challenge the ability of the United States to manage such resources wisely.".

Marine Science, Technology, and Policy Development Act of 1987. 33 USC 1121 note.

National Sea Grant College Program Authorization Act of 1987. 33 USC 1121 note. Education. Research and development.

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PUBLIC LAW 100-220—DEC. 29, 1987 (2) Subsection (b) is amended by striking "ocean and coastal resources" and all that follows through the end of such subsection and inserting in lieu thereof the following: "ocean, coastal, and Great Lakes resources by providing assistance to promote a strong educational base, responsive research and training activities, broad and prompt dissemination of knowledge and techniques, and multidisciplinary approaches to environmental problems.".

SEC. 3104. DEFINITIONS.

(a) IN GENERAL.—Section 203 (33 U.S.C. 1122) is amended— (1) by striking paragraph (2); (2) by renumbering paragraph (3) as paragraph (2) and inserting immediately thereafter the following: "(3) the term 'director of a sea grant college' means a person designated by their university or institution to direct a sea grant college, programs, or regional consortium."; (3) by striking paragraphs (6) and (7) and inserting in lieu thereof the following: "(6) The term 'ocean, coastal, and Great Lakes resources' means the resources that are located in, derived from, or traceable to, the seabed, subsoil, and waters of— "(A) the coastal zone, as defined in section 304(1) of the Coastal Zone Management Act (16 U.S.C. 1453(1)); "(B) the Great Lakes; "(C) the territorial sea; "(D) the exclusive economic zone; "(E) the Outer Continental Shelf; and "(F) the high seas. "(7) The term 'resource' means— "(A) living resources (including natural and cultured plant life, fish, shellfish, marine mammals, and wildlife); "(B) nonliving resources (including energy sources, minerals, and chemical substances); "(C) the habitat of a living resource, the cosistal space, the ecosystems, the nutrient-rich areas, and the other components of the marine environment that contribute to or provide (or which are capable of contributing to or providing) recreational, scenic, esthetic, biological, habitational, commercial, economic, or conservation values; and "(D) man-made, tangible, intangible, actual, or potential resources."; and (4) by adding at the end the following: "(15) The term 'Under Secretary' means the Under Secretary of Commerce for Oceans and Atmosphere.". (b) CONFORMING RESOURCES.—

33 USC 1121.

33 USC 1123. 33 USC 1126.

AMENDMENTS

RELATING

TO

GREAT

LAKES

(1) Each of the following provisions of the National Sea Grant (DoUege Program Act are amended by striking "ocean and coastal resources" each place it appears and inserting in lieu thereof "ocean, coastal, and Great Lakes resources": (A) Paragraphs (4) and (5) of section 202(a) (as redesignated by section 3103(1)(A) of this subtitle). (B) Section 202(c). (C) Paragraphs (4) and (11) of section 203. (D) Sections (b)(l)(A) and (d)(3) of section 204. (E) Paragraphs (2)(A) and (3)(A) and (B) of section 207(a).

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(F) Paragraph (1) of section 209(c). (G) Section 210. (2) Paragraph (5) of section 204(c) is amended by striking "ocean and coastal resource" and inserting in lieu thereof "ocean, coastal, and Great Lakes resources".

33 USC 1128. 33 USC 1129. 33 USC 1123.

(c) CONFORMING AMENDMENTS RELATING TO UNDER SECRETARY OF COMMERCE FOR OCEANS AND ATMOSPHERE.—Section 204(c) is

amended by striking "Administrator" each place it appears and inserting in lieu thereof "Under Secretary". SEC. 3105. CONTRACTS AND GRANTS. (a) MINIMIZATION OF PRIOR APPROVAL REQUIREMENTS.—Section

205 (33 U.S.C. 1124) is amended by adding at the end of subsection (d)(1) the following: "Terms, conditions, and requirements imposed by the Secretary under this paragraph shall minimize any requirement of prior Federal approval.". (h) ACCEPTANCE OF FUNDS FROM OTHER FEDERAL AGENCIES.—

Section 204(d)(6) is amended by striking "under section 205(a)". SEC. 3106. SEA GRANT STRATEGIC RESEARCH PROGRAM.

(a) IN GENERAL.—Section 206 (33 U.S.C. 1125) is amended to read as follows: "SEC. 206. STRATEGIC MARINE RESEARCH PROGRAM.

"(a) GRANT AND CONTRACT AUTHORITY.—The Under Secretary may make grants and enter into contracts to carry out the strategic research program provided for under this section. A grant or contract may cover up to 100 percent of the cost of the research for which the grant or contract is made or awarded. "(b) STRATEGIC RESEARCH PLAN.—Within 1 year after the effective Federal date of the Marine Science, Technology, and Policy Development Register, Act of 1987, and every 3 years after that date, the Under Secretary publication. shall develop and publish in the Federal Register, a sea grant strategic research plan for the next 3 years. The plan shall— "(1) identify and describe a limited number of priority aresis for strategic research in fields associated with ocean, coastal, and Great Lakes resources; and "(2) indicate the goals and timetables for the research in those fields. "(c) CONSULTATION AND CONGRESSIONAL REVIEW.—

"(1) (CONSULTATION.—In developing each sea grant strategic research plan, the Under Secretary shall consult with relevant Federal agencies; sea grant directors; other representatives of sea grant colleges, sea grant programs, and sea grant regional consortia; non-governmental marine scientists; and other interested parties, both public and private. "(2) SUBMITTAL TO CONGRESS.—Upon publication of each sea grant strategic research plan under subsection (b), the Under Secretary shall submit the plan to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Merchant Marine and Fisheries of the House of Representatives. "(3) RESTRICTION ON GRANTS AND CONTRACTS.—The Under Secretary shall not make a grant or enter into a contract under this section for priority area research under a strategic research plan before the 45th day after the date of receipt of the plan by the Committees referred to in paragraph (2).

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 101 STAT. 1472

PUBLIC LAW 100-220—DEC. 29, 1987 "(d) CRITERIA FOR AREAS TO BE INCLUDED IN PLAN.—In selecting

priority arecis for inclusion in the sea grant strategic research plan, the Under Secretary shall concentrate on— "(1) critical resource and environmental areas that are precluded from adequate funding under other provisions of this Act because of^ "(A) their national, international, or global scope, fundamental nature, or long-range aspects; "(B) the scale of the needed research effort; or "(C) the need for the broadest possible university involvement; and "(2) areas where the strength and capabilities of the sea grant colleges, sea grant programs, and sea grant regional consortia in mobilizing talent for sustained programmatic research and technology transfer make them particularly qualified to manage strategic marine research under this section. "(e) CONTRACT AND GRANT REQUIREMENTS.—Subsections (c) and (d)

State and local governments. nntY ^^^^ note.

of section 205 apply to applications for grants or contracts, and to grants made and contracts entered into, under this section. (b) REGULATIONS.—Within 1 year after the effective date of this title, the Under Secretary of Commerce for Oceans and Atmosphere shall adopt rules and regulations in accordance with section 553 of title 5, United States Code, to carry out section 206(a), after giving notice and opportunity for full participation by relevant Feder^ agencies; State agencies; local governments; regional organizations; nongovernmental marine scientists; sea grant directors and other representatives of sea grant colleges, programs, and regional consortia; and other interested parties, both public and private. SEC. 3107. FELLOWSHIPS.

Section 208 (33 U.S.C. 1127) is amended to read as follows: "SEC. 208. FELLOWSHIPS.

"(a) IN GENERAL.—To carry out the educational and training objectives of this Act, the Under Secretary shall support a program of fellowships for qualified individuals at the graduate and postgraduate level. The fellowships shall be related to ocean, coastal, and Great Lakes resources and awarded pursuant to guidelines established by the Under Secretary. "0?) DEAN JOHN A. KNAUSS MARINE POLICY FELLOWSHIP.—The

Under Secretary may award marine policy fellowships to support the placement of individuals at the graduate level of education in fields related to ocean, coastal and Great Lakes resources in positions with the executive and legislative branches of the United States Government. A fellowship awarded under this subsection shall be for a period of not more than 1 year. "(c) POSTDOCTORAL FELLOWSHIPS.—The Under Secretary shall establish and administer a program of postdoctoral fellowships to accelerate research in critical subject areas. The fellowship awards— "(1) shall be for 2 years; "(2) may be renewed once for not more than 2 years; "(3) shall be awarded on a nationally competitive basis; "(4) may be used at any institution of post-secondary education involved in the national sea grant college program; "(5) shall be for up to 100 percent of the total cost of the fellowship; ,,^ „,^,.,,,,,,,,^...,,...........

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"(6) may be made for any of the priority areas of research identified in the sea grant strategic research plan in effect under section 206; and "(7) may be made to recipients of terminal professional degrees, as well as doctoral degree recipients.". SP]C. 3108. SEA GRANT REVIEW PANEL.

Section 209 (33 U.S.C. 1128) is amended as follows: (1) Subsection (b) is amended— (A) by striking the matter preceding paragraph (1) and inserting "The Panel shall advise the Secretary, the Under Secretary, and the Director concerning—"; and (B) by inserting "and section 3 of the Sea Grant Program Improvement Act of 1976" before the semicolon at the end of subsection Ob)(l). (2) Subsection (c) is amended— (A) by striking the second sentence of paragraph (1) and inserting in lieu thereof the following: "The Director and a director of a sea grant program who is elected by the various directors of sea grant programs shall serve as nonvoting members of the panel."; (B) by striking "five" in paragraph (1) and inserting in lieu thereof "8"; (C) by adding at the end of paragraph (2) the following: Federal "At least once each year, the Secretary shall publish a Registef".' notice in the Federal Register soliciting nominations for Publication. membership on the panel."; and (D) by striking "office, or until 90 days after such date, whichever is earlier." in paragraph (3) and inserting in lieu thereof "office.". SEC. 3109. MARINE AFFAIRS AND RESOURCE MANAGEMENT IMPROVEMENT GRANTS.

Section 211 (33 U.S.C. 1130) is amended to read as follows: "SEC. 211. MARINE AFFAIRS AND RESOURCE MANAGEMENT IMPROVEMENT GRANTS.

"(a) IN GENERAL.—The Under Secretary may provide annual grants during fiscal years 1988 through 1990 to institutions eligible under subsection (b) to assist the institutions in achieving the following objectives: "(1) Development and improvement of curriculum offerings in marine affairs and resource management at the graduate level, and development of related educational materials. "(2) Fostering support of graduate students, through scholarships and teaching and research fellowships, in marine affairs and resource management. "(3) Increasing multidisciplinary research in marine resources management. "(b) EuGiBiliTY.—An institution is eligible for grants under this section if it is a sea grant college, sea grant regional consortium, or institution of higher education having a sea grant program that— "(1) maintains a graduate program in, or institute or center for, marine affairs and resource management; "(2) has prepared a development plan to improve and strengthen that program, institute, or center; and

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PUBLIC LAW 100-220—DEC. 29, 1987

"(3) has demonstrated, to the extent consistent with State law, its intention to support such improved and strengthened education and training after financial assistance under this section has ceased. "(c) APPLICATIONS.—Applications for grants under this section shall be made in such manner as the Under Secretary shall require. "(d) LIMITATIONS ON GRANTS.—No grant in excess of $400,000 may be made to an eligible institution under this section for any year, and no more than 2 annual grants may be made to any such institution. "(e) REPORT BY GRANT RECIPIENT.—Each institution receiving a grant under this subsection shall report to the Under Secretary, in such manner as the Under Secretary may require annually, and within 90 days following the termination of the grant, regarding the activities conducted with the grant.". SEC. 3110. AUTHORIZATION OF APPROPRIATIONS.

Section 212 (33 U.S.C. 1131) is amended to read as follows: "SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

"(a) IN GENERAL.—There is authorized to be appropriated to carry out the provisions of this Act other than sections 206 and 211, an amount— "(1) for fiscal year 1988, not to exceed $41,500,000; "(2) for fiscal year 1989, not to exceed $50,500,000; and "(3) for fiscal year 1990, not to exceed $51,000,000. "(b) STRATEGIC MARINE RESEARCH.—There is authorized to be appropriated to carry out section 206 and section 208(c), an amount— "(1) for fiscal year 1988, not to exceed $500,000; "(2) for fiscal year 1989, not to exceed $5,000,000; and "(3) for fiscal year 1990, not to exceed $10,000,000. "(c)

MARINE AFFAIRS AND RESOURCE MANAGEMENT GRANTS.—

There is authorized to be appropriated to carry out section 211, an amount— "(1) for fiscal year 1988, not to exceed $2,000,000; "(2) for fiscal year 1989, not to exceed $2,500,000; and "(3) for fiscal year 1990, not to exceed $3,000,000. "(d) AVAILABILITY OF SUMS.—Sums appropriated pursuant to this section shall remain available until expended. "(e) REVERSION OF UNOBLIGATED AMOUNTS.—The amount of any grant, or portion of a grant, made to a person under any section of this Act that is not obligated by that person during the first fiscal year for which it was authorized to be obligated or during the next fiscal year thereafter shall revert to the Secretary. The Secretary shall add that reverted amount to the funds available for grants under the section for which the reverted amount was originally made available.". SEC. 3111. SEA GRANT INTERNATIONAL PROGRAM.

Contracts.

Section 3 of the Sea Grant Program Improvement Act of 1976 (33 U.S.C. 1124a) is amended to read as follows: "SEC. 3. SEA GRANT INTERNATIONAL PROGRAM. "(a) IN GENERAL.—The Under Secretary of Commerce for Oceans and Atmosphere may enter into contracts and make grants under this section to— ---^--,— ^. ^ —..,

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101 STAT. 1475

"(1) enhance cooperative international research and educational activities on ocean, coastal and Great Lakes resources; "(2) promote shared marine activities with universities in countries with which the United States has sustained mutual interest in ocean, coastal, and Great Lakes resources; "(3) encourage technology transfer that enhances wise use of ocean, coastal, and Great Lakes resources in other countries and in the United States; "(4) promote the exchange among the United States and foreign nations of information and data with respect to the assessment, development, utilization, and conservation of such resources; "(5) use the national sea grant college program as a resource in other Federal civilian agency internationed initiatives whose purposes are fundamentally related to research, education, technology transfer and public service programs concerning the understanding and wise use of ocean, coastal, and Great Lakes resources; and "(6) enhance regional collaboration between foreign nations and the United States with respect to marine scientific research, including activities which improve understanding of global oceanic and atmospheric processes, undersea minerals resources within the exclusive economic zone, and productivity and enhancement of living marine resources in— "(A) the Caribbean and Latin American regions; "(B) the Pacific Islands region; "(C) the Arctic and Antarctic regions; "(D) the Atlantic and Pacific Oceans; and "(E) the Great Lakes. "(b) EuGiBiLTTY, PROCEDURES, AND REQUIREMENTS.—Any sea grant college, sea grant program, or sea grant regional consortium, and any institution of higher education, laboratory, or institute (if the institution, laboratory, or institute is located within a State, as defined in section 203(14) of the National Sea Grant College Program Act (33 U.S.C. 1122(14)), may apply for and receive financial assistance under this section. The Under Secretary shall prescribe rules and regulations, in consultation with the Secretary of State, to carry out this section. Before approving an application for a grant or contract under this section, the Under Secretary shall consult with the Secretary of State. A grant made, or contract entered into, under this section is subject to section 205(d)(2) and (4) of the National Sea Grant College Program Act (33 U.S.C. 1124(d)(2) and (4)) and to any other requirements that the Under Secretary considers necessary and appropriate.".

Subtitle B—Great Lakes Mapping SEC. 3201. SHORT TITLE.

This subtitle may be cited as the "Great Lakes Shoreline Mapping Act of 1987". SEC. 3202. GREAT LAKES SHORELINE MAPPING PLAN.

(a) PREPARATION OF PLAN.—Not later than nine months after the date of the enactment of this subtitle, the Director, in consultation with the Director of the United States Geological Survey, shall

Caribbean. Latin America. Pacific Islands. Arctic. Antarctic. Atlantic Ocean. Pacific Ocean. Great Lakes.

Contracts.

Great Lakes Shoreline Mapping Act of 1987. 33 USC 883a note. 33 USC 883a note.

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PUBLIC LAW 100-220—DEC. 29, 1987

submit to the Congress a plan for preparing maps of the shoreline of the Great Lakes under section 3203. (b) CONTENT OF PLAN.—A plan prepared under paragraph (1) shall include— ( D a work proposal and a division of responsibilities between the National Oceanic and Atmospheric Administration and the United States Geological Survey; (2) a time schedule for completion of maps; (3) recommendation of funding needed for preparing the maps; and (4) an area mapping schedule, with first priority given to shoreline areas subject to a high risk of erosion or flooding. 33 USC 883a note.

Canada.

State and local governments.

State listing. Public information. State and local governments. Canada.

SEC. 3203. PREPARATION OF GREAT LAKES SHORELINE MAPS.

(a) IN GENERAL.—The following completion of a shoreline mapping plan under section 3202 and subject to authorization and appropriation of funds, the Director, in consultation with the Director of the United States Geological Survey, shall prepare maps of the shoreline areas of the Great Lakes. (b) CONTENT OF MAPS.—Maps prepared under this section— (1) shall include— (A) bathymetry of the nearshore area, to the extent that this area will affect coastal erosion and flooding; (B) topography of the adjacent shoreline, to the extent that this area will directly affect or be affected by cosistal erosion and flooding; (C) the geological conditions of the nearshore area and shoreline to the extent that these areas will directly affect or be affected by coeistal erosion and flooding; (D) information on the recent geological past of the nearshore area and shoreline areas described in paragraph (3); and (E) appropriate information for use in predicting and preventing damage caused by erosion and flooding in the Great Lakes; (2) shall be of appropriate scale and detail and take into account the greater informational needs of areas subject to a high risk of erosion or flooding; and (3) to the maximum extent practicable, shall be consistent with similar shoreline maps prepared by, or for the use of, the Government of Canada. (c) CONSULTATION.—In preparing maps under this section, the Director shall consult with, and take into consideration, the informational needs of— (1) the Army Corps of Engineers; (2) the Federal Emergency Management Agency; (3) other appropriate Federal agencies; (4) the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; (5) appropriate local government units; and (6) the general public. (d) AVAILABILITY OF MAPS.—The Director shall make maps prepared under this section available to— ,^,, (1) Federal agencies; (2) State governments; (3) local government units; (4) the Government of Canada; and \o,...-•,.• J.

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(5) the general public. (e) RECOVERY OF COSTS.—The costs of reproducing and distributing maps prepared under this section may be recovered under section 9701 of title 31, United States Code, or another law. SEC. 3204. CONTRACT AUTHORITY.

The Director may, subject to appropriations, enter into contracts and agreements on a reimbursable or cost-sharing basis with other Federal agencies. State governments, local governments, and private entities, to carry out this subtitle. SEC. 3205. DEFINITIONS.

For purposes of this subtitle— (1) The term "Director" means the Director of Charting and Geodetic Services of the National Ocean Service, within the National Oceanic and Atmospheric Administration. (2) The term "Great Lakes" means Lake Erie, Lake Huron, Lake Michigan, Lake Ontario, Lake St. Clair, Lake Superior, the Saint Mary's River, the Saint Clair River, the Detroit River, the Niagara River, the Saint Lawrence River to the Canadian border, to the extent such lakes and rivers are subject to the jurisdiction of the United States. (3) The term "high risk of erosion" means subject to erosion at a rate greater than 1 foot per year. SEC. 3206. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out section 3202 not more than $100,000 for fiscal year 1988. Amounts appropriated pursucmt to this section shall remain available until expended.

TITLE IV—DRIFTNET IMPACT MONITORING, ASSESSMENT, AND CONTROL SEC. 4001. SHORT TITLE.

This title may be cited as the "Driftnet Impact Monitoring, Assessment, and Control Act of 1987". SEC. 4002. FINDINGS.

The Congress finds that— (1) the use of long plastic driftnets is a fishing technique that may result in the entanglement and death of enormous numbers of target and nontarget marine resources in the waters of the North Pacific Ocean, including the Bering Sea; (2) there is a pressing need for detailed and reliable information on the number of marine resources that become entangled and die in actively fished driftnets and in driftnets that are lost, abandoned, or discarded; and (3) increased efforts are necessary to monitor, assess, and reduce the adverse impacts of driftnets. SEC. 4003. DEFINITIONS.

As used in this title— (1) DRIFTNET.—The term "driftnet" means a gillnet composed of a panel of plsistic webbing one and one-half miles or more in length.

State and local governments. 33 USC 883a note.

33 USC 883a note.

33 USC 883a note.

Driftnet Impact Monitoring, Assessment, and Control Act of 1987. North Pacific Ocean. 16 USC 1822 note.

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PUBLIC LAW 100-220—DEC. 29, 1987 (2) DRIFTNET FiSHiNG.~The term "driftnet fishing" means a fish-harvesting method in which a driftnet is placed in water and allowed to drift with the currents and winds for the purpose of entangling fish in the webbing. (3) EXCLUSIVE ECONOMIC ZONE OF THE UNITED STATES.—The

term "exclusive economic zone of the United States" means the zone defined in section 3(6) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1802(b)). (4) MARINE RESOURCES.—The term "marine resources" includes fish, shellfish, marine mammals, seabirds, and other forms of marine life or waterfowl. (5) MARINE RESOURCES OF THE UNITED STATES.—The term "marine resources of the United States" means— (A) marine resources found in, or which breed within, areas subject to the jurisdiction of the United States, including the exclusive economic zone of the United States; and (B) species of fish, wherever found, that spawn in the fresh or estuarine waters of the United States. (6) SECRETARY.—The term "Secretary" means the Secretary of Commerce. International agreements.

SEC. 4004. MONITORING AGREEMENTS.

(a) NEGOTIATIONS.—The Secretary, through the Secretary of State and in consultation with the Secretary of the Interior, shall immediately initiate, negotiations with each foreign government that conducts, or authorizes its nationals to conduct, driftnet fishing that results in the taking of marine resources of the United States in waters of the North Pacific Ocean outside of the exclusive economic zone and territorial sea of any nation, for the purpose of entering into Eigreements for statistically reliable cooperative monitoring and assessment of the numbers of marine resources of the United States killed and retrieved, discarded, or lost by the foreign government's driftnet fishing vessels. Such agreements shall provide for— (1) the use of a sufficient number of vessels from which scientists of the United States and the foreign governments may observe and gather statistically reliable information; and (2) appropriate methods for sharing equally the costs associated with such activities. (b) REPORT.—The Secretary, in consultation with the Secretary of State, shall provide to the Congress not later than 1 year after the date of enactment of this Act a full report on the results of negotiations under this section. SEC. 4005. IMPACT REPORT.

(a) IN GENERAL.—The Secretary shall provide to the Congress within 1 year after the date of the enactment of this Act, and at such other times thereafter as the Secretary considers appropriate, a report identifying the nature, extent, and effects of driftnet fishing in waters of the North Pacific Ocean on marine resources of the United States. The report shall include the best available information on— Maritime affairs. (1) the number and flag state of vessels involved; (2) the areas fished; (3) the length, width, and mesh size of driftnets used; (4) the number of marine resources of the United States killed by such fishing; ,... _; _

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(5) the effect of seabird mortality, as determined by the Secretary of the Interior, on seabird populations; and (6) any other information the Secretary considers appropriate. (b) INFORMATION FROM FOREIGN GOVERNMENTS.—The Secretary, through the Secretary of State, shall— (1) request relevant foreign governments to provide the information described in subsection (a), and (2) include in a report under this section the information so Reports. provided and an evaluation of the adequacy and reliability of such information. SEC. 4006. ENFORCEMENT AGREEMENTS.

(a) NEGOTIATIONS.—The Secretary shall immediately initiate, through the Secretary of State and in consultation with the Secretary of the Department in which the Coast Guard is operating negotiations with each foreign government that conducts, or authorizes its nationals to conduct, driftnet fishing that results in the taking of marine resources of the United States in waters of the North Pacific Ocean outside of the exclusive economic zone and territorial sea of any nation, for the purpose of entering into agreements for effective enforcement of laws, regulations, and agreements applicable to the location, season, and other aspects of the operations of the foreign government's driftnet fishing vessels. Such agreements shall include measures for— (1) the effective monitoring and detection of violations; (2) the collection and presentation of such evidence of violations as may be necessary for the successful prosecution of such violations by the responsible authorities; (3) reporting to the United States of penalties imposed by the foreign governments for violations; and (4) appropriate methods for sharing equally the costs associated with such activities. (b) CERTIFICATION FOR PURPOSES OF FISHERMEN'S PROTECTIVE ACT

OF 1967.—If the Secretary, in consultation with the Secretary of State, determines that a foreign government has failed, within 18 months after the date of the enactment of this Act, to enter into and implement an agreement under subsection (a) or section 4004(a) that is adequate, the Secretary shall certify such fact to the President, which certification shall be deemed to be a certification for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)). SEC. 4007. EVALUATIONS AND RECOMMENDATIONS.

(a) MARKING, REGISTRY, AND IDENTIFICATION SYSTEM.—The Secretary shall evaluate, in consultation with officials of other Federal agencies and such other persons as may be appropriate, the feasibility of and develop recommendations for the establishment of a driftnet marking, registry, and identification system to provide a reliable method for the determination of the origin by vessel, of lost, discarded, or abandoned driftnets and fragments of driftnets. In conducting such evaluation, the Secretary shall consider the adequacy of existing driftnet identification systems of foreign nations and the extent to which these systems achieve the objectives of this title. (b) ALTERNATIVE DRIFTNET MATERIALS.—The Secretary, in consultation with such other persons as may be appropriate, shall evaluate the feasibility of, and develop appropriate recommenda-

International agreements.

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 101 STAT. 1480

PUBLIC LAW 100-220—DEC. 29, 1987

tions for, the use of alternative materials in driftnets for the purpose of increasing the rate of decomposition of driftnets that are discarded or lost at sea. (c) DRIFTNET BOUNTY SYSTEM.—The Secretary, in consultation with such other persons as may be appropriate, shall evaluate the feasibility of and develop appropriate recommendations for the implementation of a driftnet bounty system to pay persons who retrieve from the exclusive economic zone and deposit with the Secretary lost, abandoned, and discarded driftnet and other plastic fishing material. (d) DRIFTNET FISHING VESSEL TRACKING SYSTEM.—The Secretary, in consultation with such other persons as may be appropriate, shall evaluate the feasibility of, and develop appropriate recommendations for, the establishment of a cooperative driftnet fishing vessel tracking system to facilitate efforts to monitor the location of driftnet fishing vessels. (e) REPORT.—The Secretary shall transmit to the Congress not later than 18 months after the date of the enactment of this Act a report setting forth— (1) the evaluations and recommendations developed under subsections (a), (b), (c), and (d); (2) the most effective and appropriate means of implementing such recommendations; (3) any need for further research and development efforts and the estimated cost and time required for completion of such efforts; and (4) any need for legislation to provide authority to carry out such recommendations. SEC. 4008. CONSTRUCTION WITH OTHER LAWS.

This title shall not serve or be construed to expand or diminish the sovereign rights of the United States, as stated by Presidential Proclamation Numbered 5030, dated March 10, 1983, and reflected in existing law on the date of the enactment of this Act. SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to the Department of Commerce and the Department of State, such sums as may be necessary to carry out the purposes of this title.

North Carolina

TITLE V—RED TIDE CONTAMINATION SEC. 5001. DECLARATION OF DISASTER.

-

' -^

Notwithstanding any other provision of law, rule, or regulation, upon the date of the enactment of this Act, the Administrator of the Small Business Administration shall declare the recent North Carolina coast red tide contamination a disaster for purposes of section 7(b) of the Small Business Act (15 U.S.C. 636(b)). SEC. 5002. PROVISION OF ASSISTANCE.

Notwithstanding any other provision of law, rule, or regulation, for purposes of providing assistance under paragraph (2) of section 7(b) of the Small Business Act (15 U.S.C. 636(b)(2)) for a disaster declared under section 1 of this Act, eligibility of individual applicants for assistance shall not in any way be dependent on—

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 PUBLIC LAW 100-220—DEC. 29, 1987

101 STAT. 1481

(1) the number of disaster victims in any county or other poHtical subdivision; or (2) whether or not an appHcant who normally conducts operations in the area of the recent North Carolina coast red tide contamination is otherwise situated or located in such area; or (3) the type of business or industry in which the applicant is engaged. SEC..5003. RECENT NORTH CAROIJNA COAST RED TIDE CONTAMINATION DEFINED.

For purposes of this Act, the term "recent North Carolina coast red tide contamination" means contamination of waters under the jurisdiction of the State of North Carolina by unusually high concentrations of the algae known as Ptychodiscus brevis (commonly referred to as "red tide"), with respect to which the Director of the Division of Marine Fisheries of the North Carolina Department of Natural Resources issues a shell fishing closure proclamation on or after November 2, 1987. Approved December 29, 1987.

[iij-

LEGISLATIVE HISTORY—H.R. 3674: HOUSE REPORTS: No. 100-489 (Comm. on Merchant Marine and Fisheries). CONGRESSIONAL RECORD, Vol. 133 (1987): Dec. 18, considered and passed House. Dec. 19, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 23 (1987): Dec. 29, Presidential statement.

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 101 STAT. 1482

PUBLIC LAW 100-221—DEC. 29, 1987

Public Law 100-221 100th Congress An Act Dec. 29, 1987 rxT p Q7Q41

To recognize the significance of the administration of the Federal-Aid Highway System and to express appreciation to Ray A. Barnhart for his dedicated efforts in improving the Federal-Aid Highway System.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. FINDINGS.

The Congress finds that— (1) the funding of the Federal-Aid Highway System has resulted in the development of the greatest system of highways in the world; (2) such System has enhanced the social and economic wellbeing of the people of the United States; (3) administration of such System has become one of the most significant responsibilities; (4) Ray A. Barnhart who is retiring as Federal Highway Administrator on December 31, 1987, has served as administrator of such System longer than any other person in the history of the Department of Transportation; (5) Ray A. Barnhart was in the forefront of the coalition which strived successfully to increase the Nation's highway user fees so that our Nation's transportation system could be improved without increasing the Nation's deficit; (6) Ray A. Barnhart has labored to make certain that highway user fees are utilized only for transportation purposes thus preserving the sanctity of the Highway Trust Fund; (7) Ray A. Barnhart has persevered in his leadership of the fight against gasoline and diesel fuel tax evasion; (8) Ray A. Barnhart has worked vigorously to improve safety on our Nation's roads; (9) Ray A. Barnhart's efforts on behalf of highway safety have included the reorganization of the Federal Highway Administration to upgrade its emphasis on truck and bus safety through the establishment of an Associate Administrator for Motor Carriers; (10) Ray A. Barnhart has endeavored to preserve, continue, and enhance the high level of professional expertise that has been a hallmark of the Federal Highway Administration; (11) Ray A. Barnhart is leaving Federal service with the same open door policy and management style that he brought to Washington nearly 7 years ago; (12) Ray A. Barnhart has demonstrated unfailing professional and personal integrity; and (13) Ray A. Barnhart has on most occasions been an outstanding ally and when necessary a worthy adversary but always a spokesman for what he believed best for our Nation's highway system.

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 PUBLIC LAW 100-221—DEC. 29, 1987

101 STAT. 1483

SEC. 2. RECOGNITION AND EXPRESSION OF GRATITUDE.

In recognition of the importance of the Federal-Aid Highway System and the administration of such System, the United States Government hereby expresses its gratitude to Ray A. Barnhart for his honest, effective, and meaningful efforts to preserve and improve such System—one of the Nation's most vital assets, an asset that contributes mightily to the economic welfare of the Nation and the lifestyle of the American people. Approved December 29, 1987.

LEGISLATIVE HISTORY—H.R. 3734: HOUSE REPORTS: No. 100-481 (Comm. on Public Works and Transportation). CONGRESSIONAL RECORD, Vol. 133 (1987): Dec. 15, considered and passed House. Dec. 17, considered and passed Senate.

j

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 101 STAT. 1484

PUBLIC LAW 100-222—DEC. 29, 1987

Public Law 100-222 100th Congress Joint Resolution Dec. 29, 1987 [H.J. Res. 430]

Galina Goltzman Michelson. Yuri Balovlenkov. Victor Faermark. Elena Kaplan. Victor Novikow. Leonid Scheiba.

Calling upon the Soviet Union to immediately grant permission to emigrate to all those who wish to join spouses or fiances in the United States.

Whereas the Soviet Union is a signatory of the Final Act of the Conference on Security and Cooperation in Europe which states that "The participating States will deal in a positive and humanitarian spirit with the applications of persons who wish to be reunited with members of their family, with special attention being given to requests of an urgent character—such as requests submitted by persons who are ill or old."; Whereas the Final Act further states that, "In dealing with requests from couples from different participating States, once married, to enable them and the minor children of their marriage to transfer their permanent residence to a State in which either one is normally a resident, the participating States will also apply the provisions accepted for family reunification."; Whereas the Soviet Union has denied exit visas or marriage permits to several Soviet citizens who are married or engaged to Americans; Whereas the United States officials have brought these divided spouses and blocked marriage cases to the attention of Soviet diplomats on numerous occasions, including during the recently concluded Washington summit meeting between President Reagan and General Secretary Gorbachev; Whereas several similar long-term cases have been resolved within the last two years; Whereas the Soviet Union has initiated a policy of "Democratizatsiya" which claims to give greater emphasis to basic human rights, including the right to live with one's family in the family's country of choice; Whereas the Soviet Union and the United States have concluded a major arms reduction agreement, and the spirit of this agreement should foster progress between the Soviet Union and the United States in successfully addressing human rights concerns; and Whereas the Soviet Union, as a signatory of the Final Act of the Conference on Security and Cooperation in Europe, is obligated to comply with the Act's provisions regarding the reunification of divided families and marriage between citizens of different states: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the United States— (1) welcomes the recent granting by the Soviet Union of permission to emigrate to several Soviet citizens who have been divided for many years from their American spouses and fiances including Galina Goltzman Michelson, Yuri Balovlenkov, Victor Faermark, Elena Kaplan, Victor Novikow, and Leonid Scheiba; and

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 PUBLIC LAW 100-222—DEC. 29, 1987

101 STAT. 1485

(2) calls upon the Soviet Union— (A) to immediately grant to all those who wish to join spouses or fiances in the United States (including Tatyana Alexandrovich, Yeugeni Grigorishin, Vladislav Kostin, _ Lyubov Kurillo, Pyatras Pakenas, and Sergei Petrov) permission to emigrate with their family members to the United States; and (B) to give special consideration to cases that have remained unresolved for many years. SEC. 2. The Secretary of State shall transmit a copy of this joint resolution to the President of the Union of Soviet Socialist Republics. Approved December 29, 1987.

a g f ^ s c %•

LEGISLATIVE HISTORY—H.J. Res. 430: CONGRESSIONAL RECORD, Vol. 133 (1987): Dec. 18, considered and passed House. Dec. 19, considered and passed Senate.

Tatyana Alexandrovich. Grig^^?shin. Vladislav Kostin. P^aS'i Pakenas. Sergei Petrov.

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 101 STAT. 1486

PUBLIC LAW 100-223—DEC. 30, 1987

Public Law 100-223 100th Congress An Act Dec. 30, 1987 [H.R. 2310]

Airport and Airway Safety and Capacity Expansion Act of 1987. Transportation. 49 USC app. 2201 note.

To amend the Airport and Airway Improvement Act of 1982 for the purpose of extending the authorization of appropriations for airport and airway improvements, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as

the 'Airport and

Airway Safety and Capacity Expansion Act of 1987". 0)) TABLE OF CONTENTS.— Sec. 1. Short title and table of contents. Sec. 2. Secretary and Administrator defined. TITLE I—AIRPORT AND AIRWAY IMPROVEMENT ACT AMENDMENTS Sec. 101. Amendment of Airport and Airway Improvement Act of 1982. Sec. 102. Declaration of policy. Sec. 103. Definitions. Sec. 104. National airport and airway system plans. Sec. 105. Authorization of appropriations. Sec. 106. Apportionment of funds. Sec. 107. Limitations on uses of funds. Sec. 108. State sponsorship. Sec. 109. Project sponsorship. Sec. 110. Grant agreements. Sec. 111. Project costs. Sec. 112. Limitation on powers. Sec. 113. Part-time operation of flight service stations. Sec. 114. Explosive detection K-9 teams. Sec. 115. Denial of funds for projects using products or services of foreign countries that deny fair market opportunities. Sec. 116. State block grant pilot program.

Sec. 207.

TITLE n—FEDERAL AVIATION ACT AMENDMENTS Amendment of Federal Aviation Act of 1958. Essential air service. Aircraft collision avoidance systems. Civil penalties. Indemnification of Federal Aviation Administration employees. Hazards to safe and efficient air commerce and the preservation of navigable airspace and airport traffic capacity. Public aircraft defined.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE m—MISCELLANEOUS PROVISIONS Noise abatement. Air traffic controller workforce. Safety rulemaking proceedings. Inflation adjustment on collection of certain aviation fees. Amendments to the National Driver Register Act. Low activity level I air traffic control tower contract program. Eligibility of Dermott, Arkansas, municipal airport. Standards for navigational aids. Long-term airport capacity needs. Radio navigation systems. Reporting of accidents to NTSB. Atlantic City Airport.

Sec. Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205. 206.

301. 302. 303. 304. 305. 306. 307. 308. 309. 310. 311. 312.

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 PUBLIC LAW 100-223—DEC. 30, 1987

101 STAT. 1487

Sec. 313. Release of certain conditions. Sec. 314. Flight service station in Juneau, Alaska. Sec. 315. Grand Canyon Airport. TITLE IV—EXTENSION OF AVIATION-RELATED TAXES AND AIRPORT AND AIRWAY TRUST FUND SPENDING AUTHORITY Sec. 401. Short title. Sec. 402. 3-year extension of aviation-related taxes. Sec. 403. Extension of Airport and Airway Trust Fund spending authority. Sec. 404. Exemption for certain emergency medical transportation by helicopter. Sec. 405. Reduction in aviation-related taxes where appropriations are significantly below authorizations. SEC. 2. SECRETARY AND ADMINISTRATOR DEFINED.

49 USC app. 2202

As used in this Act— (1) the term "Secretary" means the Secretary of Transportation; and (2) the term "Administrator" means the Administrator of the Federal Aviation Administration.

,^

TITLE I—AIRPORT AND AIRWAY IMPROVEMENT ACT AMENDMENTS SEC. 101. AMENDMENT OF AIRPORT AND AIRWAY IMPROVEMENT ACT OF 1982.

Except as otherwise expressly provided, whenever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Airport and Airway Improvement Act of 1982 (49 U.S.C. App. 2201-2225). SEC. 102. DECLARATION OF POLICY.

(a)

COMPREHENSIVE

AIR SPACE

PLAN.—Section

502(a)(4)

is

49 USC app.

amended— 2201. (1) by inserting ", a vertical visual guidance system," after "precision approach system"; and (2) by inserting "distance-to-go signs for each primary and secondary runway, a surface movement radar system at each category III airport, a taxi way lighting and sign system," after "vertical guidance on all runways,". (b) CARGO HUB AIRPORTS.—Section 502(a) is amended— (1) by redesignating paragraphs (7), (8), and (9) as paragraphs (8), (9), and (10), respectively; and (2) by inserting after paragraph (6) the following new paragraph: "(7) cargo hub airports play a critical role in the movement of commerce through the airport and airway system and appropriate provisions should be made to facilitate the development and enhancement of such airports;". (c) INCREASING AIRPORT CAPACITY; NONAVIATION USE OF AIRSPACE; LIMITATION ON ARTIFICIAL RESTRICTIONS ON AIRPORT CAPACITY.—

Section 502(a) is amended— (1) by striking out "and" at the end of paragraph (9), as redesignated by subsection (b); (2) by striking out the period at the end of paragraph (10), as so redesignated, and by inserting in lieu thereof a semicolon; and

/

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 101 STAT. 1488

PUBLIC LAW 100-223—DEC. 30, 1987

(3) by adding at the end thereof the following new paragraphs: "(11) airport construction and improvement projects which increase the capacity of facilities to accommodate passenger and cargo traffic, thereby increasing safety and efficiency and reducing delays, should be undertaken to the maximum feasible extent; "(12) it is in the national interest to ensure that nonaviation usage of navigable airspace be accommodated but not allowed to decrease the safety and capacity of the airspace and airport system; and "(13) artificial restrictions on airport capacity are not in the public interest and should not be imposed to alleviate air traffic delays unless other reasonably available and less burdensome alternatives have first been attempted.". 49 USC app. 1348 (d) SENSE OF CONGRESS.—It is the sensc of Congress that any note. regulation under which the Administrator limits the number of instrument flight rule takeoffs and landings of aircraft at certain airports should be phsised out and eliminated at the earliest practicable date the Administrator finds that such phaseout or elimination is consistent with aviation safety. 49 USC app. 2202.

SEC. 103. DEFINITIONS. (a) INCLUSION OF HELIPORTS AS AIRPORTS.—Section 503(a)(l) is amended— (1) by inserting "(A)" before "means"; and (2) by inserting "; and (B) includes any heliport" before the period at the end thereof. (b) ACQUISITION OF FIRE FIGHTING EQUIPMENT AS AIRPORT DEVEL-

OPMENT.—Section 503(a)(2)(B) is amended— (1) by striking out "or" at the end of clause (iv); (2) by striking out "and" at the end of clause (v) and inserting in lieu thereof "or"; and (3) by adding at the end thereof the following new clause: "(vi) fire fighting and rescue equipment at any airport which serves scheduled passenger operations of air carrier aircraft designed for more than 20 psissenger seats; and". (c) LANDED WEIGHT DEFINED.—Section 503(a) is amended—

(1) by redesignating paragraphs (9) through (24), and any references thereto, as paragraphs (10) through (25); and (2) by inserting after paragraph (8) the following new paragraph: "(9) 'Landed weight' means the weight of aircraft providing scheduled and nonscheduled service of only property (including mail) in intrastate, interstate, and foreign air transportation, as shall be determined by the Secretary pursuant to such regulations as the Secretary may prescribe.'. (d) INCLUSION OF CERTAIN INTERNATIONAL PASSENGERS AS PAS-

SENGERS ENPLANED.—Paragraph (10) of section 503(a), as redesignated by subsection (c), is amended by inserting before the period at the end thereof the following: "and includes passengers on board international flights which transit an airport located in the 48 contiguous States for nontraffic purposes". (e) DEFINITION OF PRIMARY AIRPORT.—Paragraph (12) of section

503(a), as redesignated by subsection (c), is amended by striking out ".01 percent" and all that follows through the period at the end

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 PUBLIC LAW 100-223—DEC. 30, 1987

101 STAT. 1489

thereof and inserting in lieu thereof the following: "more than 10,000 passengers enplaned annually.", (f) CONFORMING AMENDMENT.—Section 101(1) of the Aviation

Safety and Noise Abatement Act of 1979 (49 U.S.C. App. 2101(1)) is amended by striking out section "503(17)" and inserting in lieu thereof "503(18)". SEC. 104. NATIONAL AIRPORT AND AIRWAY SYSTEM PLANS. (a) REVIEW OF PLAN.—

(1) IN GENERAL.—Section 504(a) is amended—

49 USC app.

(A) by inserting "(1) PUBLICATION, CONTENTS, AND REVIEW

^^^^

OF PLAN.—" before "Not later than two"; and (B) by adding at the end thereof the following new paragraph: "(2) SPECIAL REVIEW.—As soon as feeisible following the date of the enactment of this paragraph, the Secretary shall, in reviewing and revising the plan, take into account tall structures which reduce safety or airport capacity and make every reasonable effort to address the legitimate needs of air cargo operations, STOL/VSTOL aircraft operations, and rotary wing aircraft operations.". (2) CONFORMING

AMENDMENT.—Such

section

is

'

further

amended by indenting paragraph (1), as designated by paragraph (1)(A) of this subsection, and aligning such paragraph (1) with paragraph (2), as added by paragraph (1)(B) of this subsection. (b) STUDY OF SPECIAL USE AIRSPACE.—

(1) IN GENERAL.—Section 504(d) is amended by striking out paragraphs (2) and (3) and inserting in lieu thereof the following new paragraph: "(2) SPECIAL USE AIRSPACE.—

"(A) REVIEW.—The Secretary and the Secretary of Defense, in consultation with aviation users, shall jointly conduct a national review of the need and utilization of special use airspace with a view to determining its impact on civil aviation operations and on the quality of the environment. "(B) REPORT.—Not later than 18 months after the date of the enactment of the Airport and Airway Safety and Capacity Expansion Act of 1987, the Secretary and the Secretary of Defense shall report to Congress the results of the review conducted under subparagraph (A), together with their recommendations.".

• <-

(2) CONFORMING AMENDMENTS.—Section 504(d) is further

amended— (A) in paragraph (1) by inserting "CIVIL USE OF DOMESTIC MILITARY AIRPORTS.—" before

"The Department"; and (B) by indenting paragraph (1) and aligning such paragraph with paragraph (2), as inserted by paragraph (1) of this subsection. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. (a)

AIRWAY

FACILITIES

AND EQUIPMENT.—Section

506(a)

is

49 USC app.

amended— 2205. (1) by redesignating paragraph (2) (and any reference thereto) as paragraph (3); and

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 101 STAT. 1490

PUBLIC LAW 100-223—DEC. 30, 1987 (2) by striking out "For the purposes o f and all that follows through "remain available until expended." and inserting in lieu thereof the following: "(1) GENERAL AUTHORIZATION.—For the purposes of acquiring, establishing, and improving air navigation facilities under section 307(b) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1348(b)), there are authorized to be appropriated from the Trust Fund for fiscal years beginning after September 30, 1981, aggregate amounts not to exceed $6,327,000,000 for fiscal years ending before October 1, 1987, $7,704,000,000 for fiscal years ending before October 1, 1988, $9,434,000,000 for fiscal years ending before October 1, 1989, and $11,625,200,000 for fiscal years ending before October 1, 1990. Amounts appropriated under this subsection shall remain available until expended. "(2) PURCHASE AND INSTALLATION OF INSTRUMENT LANDING SYSTEMS.— "(A) MINIMUM OBLIGATION LEVEL.—Of amounts made

available under paragraph (1) after September 30, 1987, the Secretary shall obligate not less than $27,000,000 in fiscal year 1988, $30,000,000 in fiscal year 1989, and $35,000,000 in fiscal year 1990 for the purposes of purchasing and installing instrument landing systems at airports under section 307(b) of the Federal Aviation Act of 1958. "(B) PRIMARY AND RELIEVER AIRPORTS.—75 percent of amounts obligated pursuant to subparagraph (A) in a fiscal year shall be made available for the purchase and installation of instrument landing systems at primary airports and reliever airports. "(C) OTHER AIRPORTS.—25 percent of amounts obligated pursuant to subparagraph (A) in a fiscal year shall be made aveiilable for the purchsise and installation of instrument landing systems at airports other than primary airports and reliever airports.", (b) RESEARCH, ENGINEERING AND DEVELOPMENT, AND DEMONSTRATIONS.—

49 USC app. 2205.

(1) IN GENERAL.—Section 506(b) is amended to read as follows: "(b) RESEARCH, ENGINEERING AND DEVELOPMENT, AND DEMONSTRATIONS.—

"(1) DEMONSTRATION PROJECTS.—The Secretary is authorized to carry out under section 312 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1353) such demonstration projects as the Secretary determines necessary in connection with research and development activities under such section. "(2) GENERAL AUTHORIZATION.—For research, engineering and development, and demonstration projects and activities under section 312 of the Federal Aviation Act of 1958 and paragraph (1) of this subsection, there is authorized to be appropriated from the Trust Fund— "(A) for fiscal year 1988— "(i) $127,192,000 solely for air traffic control projects and activities; "(ii) $7,743,000 solely for air traffic control advanced computer projects and activities; "(iii) $9,818,000 solely for navigation projects and activities; ..

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 PUBLIC LAW 100-223—DEC. 30, 1987 "(iv) $21,957,000 solely for aviation weather projects and activities; "(v) $6,307,000 solely for aviation medicine projects and activities of which not less than $250,000 shall be made available for research and development relating to equipment designed to provide improved access by handicapped persons to commercial aircraft; "(vi) $24,988,000 solely for aircraft safety projects and activities; and "(vii) $3,000,000 solely for environmental projects and activities; "(B) for fiscal year 1989— "(i) $135,866,000 solely for air traffic control projects and activities; "(ii) $15,716,000 solely for air traffic control advanced computer projects and activities; "(iii) $11,395,000 solely for navigation projects and activities; "(iv) $21,797,000 solely for aviation weather projects and activities; "(v) $6,613,000 solely for aviation medicine projects and activities; "(vi) $21,013,000 solely for aircraft safety projects and activities; and "(vii) $2,600,000 solely for environmental projects and activities; and "(C) for fiscal year 1990, $222,000,000. "(3) AUTHORITY TO TRANSFER FUNDS.—

"(A) UNLIMITED.—Funds may be transferred among the projects and activities listed in paragraph (2), except that the net funds transferred to or from any category of such projects and activities listed in paragraph (2) in any fiscal year may not exceed 10 percent of the amount authorized for such category by paragraph (2) for such fiscal year. "(B) AFTER NOTICE.—In addition, the Secretary may propose transfers to or from any category of projects and activities listed in paragraph (2) exceeding 10 percent of the amount authorized for such category. An explanation of the proposed transfer must be transmitted in writing to the Committee on Science, Space, and Technology and the Committee on Appropriations of the House of Representatives and the Committee on Commerce, Science, and Transportation and the Committee on Appropriations of the Senate. The proposed transfer may be made only when— "(i) 30 calendar days have passed after transmission of such explanation; or "(ii) each such Committee has transmitted to the Secretary written notice that such Committee has no objection to the proposed transfer. "(4) FUNDING FOR ENHANCING AIRPORT CAPACITY.— "(A) GENERAL RULE.—Notwithstanding any other provi-

sion of this subsection, of funds made available under paragraph (2) in each of fiscal years 1988, 1989, and 1990, not less than $25,000,000 per fiscal year is authorized to be appropriated for research and development on preserving and enhancing airport capacity (including research and

91-194 O - 90 - 7: QL.3 Part 3

101 STAT. 1491

,,>.;:i. > »

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 101 STAT. 1492

49 USC app. 2205 note. 49 USC app. 2205.

PUBLIC LAW 100-223—DEC. 30, 1987 I development on improvements to airport design standards, airport maintenance, airport safety, airport operations, and Federal Aviation Act of 1958. "(B) REPORT.—Not later than 60 days after the last day of each of fiscal years 1988, 1989, and 1990, the Administrator of the Federal Aviation Administration shall transmit to i the Committee on Science, Space, and Technology and the Committee on Public Works and Transportation of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report on expenditures made by the Administrator for research and development under subparagraph (A) in such fiscal year. "(5) PERIOD OF AVAILABILITY.—Amounts appropriated under this subsection shall remain available until expended.". (2) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect October 1, 1987. (c) OTHER EXPENSES.— (1) GENERAL LIMITATIONS.—Section 506(c) is amended by
 * airport environmental concerns) under section 312 of the

adding at the end thereof the following new paragraph: "(3) FISCAL YEARS 1988-1990.— "(A)

MAXIMUM

AMOUNT

APPROPRIATED.—Subject

to

^ subparagraph (B) of this paragraph, the amount appropriated from the Trust Fund for the purposes of clauses (A) ' and (B) of paragraph (1) of this subsection for each of fiscal years 1988, 1989, and 1990 may not exceed 50 percent of the amount of funds made available under section 505 and ^ subsections (a) and O> of this section for such fiscal year. t) "(B) REDUCTION IN MAXIMUM AMOUNT.—The maximum amount which may be appropriated from the Trust Fund I for the purposes of clauses (A) and (B) of paragraph (1) for t any fiscal year, as determined under subparagraph (A) of ', this paragraph, shall be reduced by an amount equal to 2 times the excess, if any, of— "(i) $3,278,000,000 in the case of fiscal year 1988, $3,445,000,000 in the case of fiscal year 1989, $3,863,000,000 in the case of fiscal year 1990, $3,770,000,000 in the case of fiscal year 1991, and $3,778,000,000 in the case of fiscal year 1992, over "(ii) the amount made available under section 505 I and subsections (a) and (b) of this section for such fiscal f year. "(C) INCREASE IN MAXIMUM AMOUNT.—Subject to subpara-

graph (D), the amount authorized to be appropriated from the Trust Fund under this paragraph for any fiscal year shall be increased by an amount equal to 2 times the excess, if any, of— , "(i) the amount made available under section 505 and subsections (a) and (b) of this section for such fiscal year, over "(ii) the portion of the amount authorized under such section and subsections for such fiscal year which was not authorized for any previous fiscal year. "(D) LIMITATION ON INCREASES.—The aggregate amount of

. increases in the amount authorized to be appropriated from the Trust Fund under this paragraph may not exceed the

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 PUBLIC LAW 100-223—DEC. 30, 1987

101 STAT. 1493

aggregate amount of reductions made under subparagraph (B) of this paragraph.". (2) LIMITATION ON FUNDING FOR WEATHER SERVICES.—Section

506(d) is amended— 49 USC app. (A) by striking out "$26,700,000" and all that follows 2205. through "1986; and"; and (B) by inserting before the period at the end thereof the following: "and $30,000,000 per fiscal year for each of fiscal years 1988, 1989, and 1990". (d) LIMITATION ON USES OF TRUST FUND.— (1) FUNDING OF AIRPORT IMPROVEMENT PROGRAM.—Section

506(e)(l) is amended by inserting "and section 505" before the period. (2) EXTENSION.—Section 506(e)(5) is amended by striking out "1987" and inserting in lieu thereof "1992". (e) AIRPORT DEVELOPMENT AND PLANNING.—Section 505(a) is 49 USC app. amended by striking out the second sentence and inserting in lieu 2204. thereof the following: "The aggregate amounts which shall be available after September 30, 1981, to the Secretary for such grants and for grants for airport noise compatibility planning under section 103(b) of the Aviation Safety and Noise Abatement Act of 1979 and for carrying out noise compatibility programs or parts thereof under section 104(c) of such Act shall be $5,116,700,000 of which $475,000,000 shall be credited to the supplementary discretionary fund established by section 507(a)(3)(B) for fiscal years ending before October 1, 1987, $6,816,700,000 for fiscal years ending before October 1, 1988, $8,516,700,000 for fiscal years ending before October 1, 1989, $10,216,700,000 for fiscal years ending before October 1, 1990, $12,016,700,000 for fiscal years ending before October 1, 1991, and $13,816,700,000 for fiscal years ending before October 1, 1992.". (f)

DISADVANTAGED

BUSINESS

ENTERPRISES.—Section

505

is

amended by adding at the end thereof the following new subsection: "(d) DISADVANTAGED BUSINESS ENTERPRISES.— "(1) GENERAL RULE.—Except to the extent that the Secretary

determines otherwise, not less than 10 percent of the amounts made available under subsection (a) in a fiscal year beginning after September 30, 1987, shall be expended with small business concerns owned and controlled by socially and economically disadvantaged individuals. "(2) DEFINITIONS.—For purposes of this subsection— "(A) SMALL BUSINESS CONCERN.—The term 'small business concern' has the meaning such term has under section 3 of the Small Business Act (15 U.S.C. 632); except that such term shall not include any concern or group of concerns controlled by the same socially and economically disadvantaged individual or individuals which has average annual fross receipts over the preceding 3 fiscal years in excess of 14,000,000, as adjusted by the Secretary for inflation. "(B)

SOCIALLY

AND

ECONOMICALLY

DISADVANTAGED

INDIVIDUALS.—The term 'socially and economically disadvantaged individuals' has the meaning such term has under section 8(d) of the Small Business Act (15 U.S.C. 637(d)) and relevant subcontracting regulations promulgated pursuant thereto; except that women shall be presumed to be socially and economically disadvantaged for purposes of this subsection.

.,^

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Page:United States Statutes at Large Volume 101 Part 3.djvu/196

 101 STAT. 1494 • >

PUBLIC LAW 100-223—DEC. 30, 1987 "(3)

ANNUAL LISTING OF DISADVANTAGED BUSINESS ENTER-

PRISES.—Each State or airport sponsor shall annually survey i^ and compile a list of the small business concerns referred to in q,, paragraph (1) and the location of such concerns in the State. c2,^v "(4) UNIFORM CERTIFICATION.—The Secretary shall establish minimum uniform criteria for State governments and airport sponsors to use in certifying whether a concern qualifies for purposes of this subsection. Such minimum uniform criteria shall include but not be limited to on-site visits, personal interviews, licenses, analysis of stock ownership, listing of equipment, analysis of bonding capacity, listing of work completed, resume of principal owners, financial capacity, and type of work preferred.". 49 USC app. (g) CONFORMING AMENDMENTS.—(1) Section 506(a) is further 2205. amended— (A) in paragraph (3), as redesignated by subsection (a)(1) of this section, by inserting "SITE PREPARATION WORK.—" before "The costs of; and (B) aligning such paragraph (3) with paragraph (1), as inserted by subsection (a)(2) of this section. (2) Section 506(c) is further amended— (A) in paragraph (1) by inserting "DESCRIPTION.—" before "The balance"; (B) in paragraph (2) by inserting "FISCAL YEARS 1982-1987.—" before "The amount appropriated"; and, (C) by indenting paragraph (1) and aligning such paragraph and paragraph (2) with paragraph (3) of such section, as added by subsection (c) of this section. (3) Section 506(e)(2) is amended by striking out "and (d) and the third sentence of section (c)" and inserting in lieu thereof "(c), and (d)". (h) SPECIAL RULE FOR HAWAII.—Notwithstanding any other provision of law, funds made available to the State of Hawaii under section 505 of the Airport and Airway Improvement Act of 1982 may be used to acquire properties referred to as areas 46A and 46B of the United States General Services Administration Facility Site in Moanalua, Honolulu, Oahu, Hawaii, or to reimburse the State of Hawaii for such acquisition. SEC. 106. APPORTIONMENT OF FUNDS.

(a) GENERAL RULES.—Section 507 is amended to read as follows: 49 USC app.

"SEC. 507. APPORTIONMENT OF FUNDS.

pone

"(a) APPORTIONMENT.—On the first day of each fiscal year for which any amount is authorized to be obligated for the purposes of section 505 of this title, the amount made available for the fiscal year under such section and not previously apportioned shall be apportioned by the Secretary as follows: "(1) PRIMARY AIRPORTS.—To the sponsor of each primary airport, as follows: "(A) $7.80 for each of the first 50,000 passengers enplaned at the airport; "(B) $5.20 for each of the next 50,000 passengers enplaned at the airport; "(C) $2.60 for each of the next 400,000 passengers enplaned at the airport; and

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101 STAT. 1495

"(D) $0.65 for each additional passenger enplaned at the airport. "(2) CARGO SERVICE AIRPORTS.—To the sponsors of airports

which are served by aircraft providing air transportation of only property (including mail) with an aggregate annual landed weight in excess of 100,000,000 pounds, 3 percent of the amount made available under section 505 for such fiscal year (but not to exceed $50,000,000) as follows: In the proportion which the aggregate annual landed weight of all such aircraft landing at each such airport bears to the total aggregate annual landed weight of all such aircraft landing at all such airports. "(3) STATES.—To the States, 12 percent of the amount made available under section 505 for such fiscal year, as follows: "(A) INSULAR AREAS.—For airports, 1 percent of such amounts to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands. "(B) STATES.—For airports, other than primary airports and airports described in section 508(d)(3), ¥2 of the remaining 99 percent in the proportion which the population of each State (other than a State to which subparagraph (A) applies) bears to the total population of all such States and Vz of the remaining 99 percent in the proportion which the area of each such State bears to the total area of all such States. '(b) SPECIAL RULES.— "(1) MAXIMUM AND MINIMUM AMOUNTS FOR PRIMARY AIR-

PORTS.—The Secretary shall not apportion less than $300,000 nor more than $16,000,000 under subsection (a)(1) to an airport sponsor for any primary airport for any fiscal year. "(2) LIMITATION ON TOTAL APPORTIONMENTS TO PRIMARY AND CARGO SERVICE AIRPORTS.— "(A) GENERAL RULE.—In no event shall the total amount

of all apportionments under subsections (a)(1) and (a)(2) for any fiscal year exceed 49.5 percent of the amount authorized to be obligated for such fiscal year for the purposes of section 505 of this title. "(B) DISTRIBUTION.—In any case in which apportionments in a fiscal year would be reduced by subparagraph (A), the Secretary shall for such fiscal year reduce the apportionment to each sponsor of an airport under subsections (a)(1) and (a)(2) proportionately so that such 49.5 percent amount is achieved. "(3) EFFECT OF OBLIGATION CEILING ON PRIMARY AND CARGO SERVICE APPORTIONMENTS.— "(A) OVERALL LIMIT.—If any Act of Congress has the

effect of limiting or reducing the amount authorized or available to be obligated for any fiscal year for the purposes of section 505 of this title, the total amount of all apportionments under subsections (a)(1) and (a)(2) for such fiscal year shall not exceed 49.5 percent of such limited or reduced amount. "(B) DISTRIBUTION.—In any case in which apportionments in a fiscal year would be reduced by subparagraph (A), the Secretary shall for such fiscal year reduce the apportionment to each sponsor of an airport under subsections (a)(1)

Guam. American Samoa. Northern Mariana Islands. Trust Territory of the Pacific Islands. Virgin Islands.

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 101 STAT. 1496

PUBLIC LAW 100-223—DEC. 30, 1987 and (a)(2) proportionately so that such 49.5 percent amount is achieved. "(4) MAXIMUM PERCENTAGE OF APPORTIONMENTS TO ANY CARGO

SERVICE AIRPORT.—The Secretary shall not apportion to the sponsor of any airport more than 8 percent of the total amount of apportionments under subsection (a)(2) for any fiscal year. "(5) TREATMENT OF ALASKA.— "(A) APPORTIONMENT FORMULA.—Notwithstanding

^1.. ,. ' •"

any

other provision of subsection (a), for any fiscal year for which funds are made available under section 505 of this title the Secretary may apportion funds for airports in the 0,i State of Alaska in the same manner in which funds were apportioned in fiscal year 1980 under section 15(a) of the Airport and Airway Development Act of 1970. "(B) MINIMUM APPORTIONMENT.—In no event shall the total amount apportioned for such airports under this paragraph for any fiscal year be less than the minimum amounts that were required to be apportioned to such airports in fiscal year 1980 under section 15(a)(3)(A) of such Act. "(C) HOLD HARMLESS.—In no event shall a primary air• port be apportioned less under this paragraph for a fiscal year than it would be apportioned for such fiscal year under ,,,, subsection (a)(1). "(D) EXPENDITURES AT COMMERCIAL SERVICE AIRPORTS.—In

'"'^

no event shall the amount of funds apportioned under this paragraph which are expended at any commercial service airport in the State of Alaska during a fiscal year exceed 110 percent of the amount apportioned to such airport for such fiscal year. "(E) DISCRETIONARY FUNDING.—Nothing in this paragraph shall be construed as prohibiting the Secretary from making additional project grants to airports in the State of Alaska from the discretionary fund established by subsection (c). "(6) ELIGIBILITY.—

i'

Grants.

"(A) ALASKA.—Notwithstanding subsection (a)(3)(B), funds apportioned under such subsection for airports in the State of Alaska may be made available by the Secretary for public airports described in section 508(d)(3)(C) in such State. "(B) PUERTO RICO.—Notwithstanding subsection (a)(3)(B), funds apportioned under such subsection for airports in the Commonwealth of Puerto Rico may be made available by the Secretary for primary airports and airports described in section 508(d)(3) in such Commonwealth.

"(c) DISCRETIONARY FUND.—

"(1) ESTABLISHMENT.—Subject to section 508(d) and paragraph (2) of this subsection any amounts— "(A) which are made available for a fiscal year under section 505, ' "(B) which have not been previously apportioned by the Secretary, and 1"(C) which are not apportioned under subsections (a) and (b)(5) of this subsection, shall constitute a discretionary fund to be distributed at the discretion of the Secretary. Such discretionary fund shall be

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 PUBLIC LAW 100-223—DEC. 30, 1987

101 STAT. 1497

used for making grants for any of the purposes for which funds are made available under section 505 as the Secretary considers most appropriate for carrying out the purposes of this title. "(2) LEVEL OF FUNDING FOR PRESERVING AND ENHANCING

CAPACITY, SAFETY, AND SECURITY.—Subject to section 508(d) and paragraph (4) of this subsection, not less than 75 percent of the funds in the discretionary fund pursuant to paragraph (1) and distributed by the Secretary under this subsection in a fiscal year beginning after September 30, 1987, shall be used for making grants for any of the following purposes: preserving and enhancing capacity, safety, and security at primary airports and reliever airports and carrying out airport noise compatibility planning and programs at primary airports and reliever airports. "(3) SELECTION CRITERIA.—In selecting projects for grants described in paragraph (2) for preserving and enhancing capacity at airports, the Secretary shall consider each proposed project s effect on overall national air transportation system capacity, project benefit and cost, and the financial commitment of the airport operator or other non-Federal funding sources to preserve or enhance airport capacity. "(4) LIMITATION.—If the Secretary determines that the Secretary will not be able to comply with the percentage requirement established by paragraph (2) in any fiscal year because the number of qualified applications submitted in compliance with this title is insufficient to meet such percentages, the portion of funds which the Secretary determines will not be so distributed shall be available for obligation during such fiscal year without regard to such requirement.

^,; j* ^ "' t;^'

»'•' '. ';* •• '

''.

11« -

•:qi.

"(d) CALENDAR YEAR AS BASIS FOR DETERMINING CERTAIN APPORTIONMENTS.— "(1) PASSENGERS ENPLANED.—For purposes of determining

apportionments for any fiscal year under subsection (a)(1), the number of passengers enplaned at an airport shall be based on the number of passengers enplaned at such airport during the preceding calendar year. "(2) LANDED WEIGHT.—For purposes of determining apportionments for any fiscal year under subsection (a)(2), the landed weight of aircraft landing at an airport referred to in subsection (a)(2) shall be based on the landed weight of aircraft landing at such airport and all such airports during the preceding calendar year. "(e) DEFINITIONS.—As used in subsection (a)(3)— "(1) POPULATION.—The term 'population' means the population according to the latest decennial census of the United States. "(2) AREA.—The term 'area' includes both land and water.",

, ^

'

(b) CONFORMING AMENDMENTS.— (1) SECTION 505.—Section 505(a) is amended by striking out 49 USC app.

"sections 507(a)(1), (2), (3)(A), or" and inserting in lieu thereof 2204. "sections 507(a)(1), 507(a)(2), 507(a)(3), 507(c), and". (2) SECTION 508.—Section 508 is amended— 49 USC app. (A) in subsection (a) by striking out "paragraph (1), (2), or 2207. (4) of section 507(a)" and inserting in lieu thereof "subsection (a) or (b)(5) of section 507"; (B) in subsection (a) by striking out "507(a)(3)" and inserting in lieu thereof "507(c)";

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Page:United States Statutes at Large Volume 101 Part 3.djvu/200

 101 STAT. 1498

PUBLIC LAW 100-223—DEC. 30, 1987

•

(C) in subsection (c) by striking out "507(a)(2)" each place it appears and inserting in lieu thereof "507(a)(3)"; (D) in subsection (d)(3) by striking out "paragraph (4) of section 507(a)" and inserting in lieu thereof "section 507(b)(5)"; and (E) in subsection (e)(1) by striking o u t "507(a)" and inserting in lieu thereof "507(a) or 507(b)(5)". 49 USC app. (3) SECTION 509.—Section 509 is amended— 2208(A) in subsection (a)(2) by striking out "507(a)" and inserting in lieu thereof "507"; and (B) in subsection (e) by striking out "507(a)(1)" and insert^, ing in lieu thereof "507(a)(l) or 507(a)(2)". 49 USC app. " (4) SECTION 512.—Section 512(a) is amended by striking o u t 2211"507(a)(l)" and inserting in lieu thereof "507(a)(l) o r 507(a)(2)". 49 USC app. (5) SECTION 513.—Section 513(b) is amended— 2212. (A) in paragraph (2) by striking out "507(a)(3)" and inserting in lieu thereof "507(c)"; and (B) in paragraph (4) by striking out "507(a)" and inserting in lieu thereof "507(a) or 507(b)(5)". 49 USC app. 2204 (c) EFFECTIVE DATE.—The amendments m a d e by this section shall ^°^take effect October 1, 1987, and apply to fiscal years beginning on and after such date. 49 USC app. 2207

SEC. 107. LIMITATIONS ON USES OF FUNDS. (a) NOISE COMPATIBILITY

PLANNING AND PROGRAMS.—Section

508(d)(2) is amended by striking out "8 percent" and inserting in lieu thereof "10 percent". (b) REDUCTION IN SET ASIDE

FOR SMALL AIRPORTS.—Section

508(d)(3) is amended by striking out "5.5 percent" each place it appears and inserting in lieu thereof "2.5 percent". (c) INTEGRATED AIRPORT SYSTEM PLANNING.—Section 508(d)(4) is

amended by striking out "one percent" and inserting in lieu thereof "Va of 1 percent". (d) CONFORMING AMENDMENT,—Section 508(d)(2) is amended—

(1) by striking out "(A)"; and (2) by striking out ", and (B) in the case of fiscal year 1982, for any of the purposes set forth in section 505(c) of this title". SEC. 108. STATE SPONSORSHIP.

49 USC app. 2208.

Section 509(a) is amended by adding at the end thereof the following new paragraph: "(3) STATE SPONSORSHIP.—Nothing in this title shall preclude a State from submitting, as sole sponsor, a project application under this title for an airport development project benefitting 2 or more airports in the State or airport planning for similar projects at 2 or more airports in the State if— "(A) the sponsors of such airports consent in writing to State sponsorship of such projects or planning; "(B) the Secretary is satisfied that there is administrative > <'.• merit and aeronautical benefit to State sponsorship of such ^ •- r projects or planning; and f "(C) an acceptable agreement exists to ensure compliance by the State with appropriate grant conditions and other assurances required by the Secretary.",

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 PUBLIC LAW 100-223—DEC. 30, 1987

101 STAT. 1499

SEC. 109. PROJECT SPONSORSHIP. (a)

NONDISCRIMINATION

ASSURANCE.—Section

511(a)(1)(A)

is

49 USC app.

amended— 2210. (1) by inserting "with respect to facilities directly and substantially related to providing air transportation" after "and other charges"; (2) by striking out "and combined passenger and cargo flights or all cargo flights," and inserting in lieu thereof "and signatory carriers and nonsignatory carriers,"; (3) by inserting "or signatory" after "or status as tenant"; and (4) by striking out "on tenant air carriers," and inserting in lieu thereof "on air carriers in such classification or status,". (b) APPROVAL OF NONAERONAUTICAL CLOSING OF AIRPORTS.—Sec-

tion 511(a)(3) is amended by inserting before the semicolon at the end thereof the following: ", and any proposal to temporarily close the airport for nonaeronautical purposes must first be approved by the Secretary". (c) TERMINAL AIRSPACE ASSURANCE.—Section 511(a)(4) is amended to read as follows: "(4) appropriate action will be taken to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards;". (d) REVENUE ASSURANCE.—Section 511(a)(12) is amended to read as follows: "(12) all revenues generated by the airport, if it is a public Taxes. airport, and any local taxes on aviation fuel (other than taxes in effect on the date of the enactment of the Airport and Airway Safety and Capacity Expansion Act of 1987) will be expended for the capital or operating costs of the airport, the local airport 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; except that if covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in the governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all other revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply;". (e) DISPOSAL OF LAND ASSURANCES.—Section 511(a) is amended by striking out paragraph (13) and inserting in lieu thereof the following new paragraphs: "(13) if the airport operator or owner receives a grant before, on, or after the date of the enactment of this paragraph for the purchase of land for airport noise compatibility purposes— "(A) the owner or operator will, when the land is no longer needed for such purposes, dispose of such land at fair market value at the earliest practicable time;

«.

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 101 STAT. 1500

PUBLIC LAW 100-223—DEC. 30, 1987

"(B) such disposition will be subject to the retention or ,, . reservation of any interest or right therein necessary to ' " •, t ensure that such land will only be used for purposes which are compatible with noise levels associated with the oper•^'1 . ation of the airport; and "(C) that portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land will, at the discretion of the Secretary— "(i) be paid to the Secretary for deposit in the Trust Fund; or "(ii) be reinvested in an approved noise compatibility project as prescribed by the Secretary; "(14) if the airport operator or owner receives a grant before, on, or after the date of the enactment of this paragraph for the purchase of land for airport purposes (other than noise compat'•-' ibility purposes)— '(A) the owner or operator will, when the land is no " longer needed for airport purposes, dispose of such land at fair market value; "(B) such disposition will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels associated with the operation of the airport; and "(C) that portion of the proceeds of such disposition which is proportionate to the United States share of the cost of acquisition of such land will be paid to the Secretary for deposit in the Trust Fund;". 49 USC app. (f) AIRPORT LAYOUT PLAN ASSURANCE.—Section 511(a) is further 2210. amended by adding at the end thereof the following new paragraph: "(15) the airport owner or operator will keep up to date at all times a layout plan of the airport which meets the following requirements: "(A) the plan will be in a form prescribed by the Secretary; "(B) before the plan and an amendment, revision, or modification thereof may take effect, the plan, amendment, revision, or modification will be submitted to, and receive approval of, the Secretary; '(C) the owner or operator will not make or permit any changes or alterations in the airport or in any of its facilities which are not in conformity with the airport layout plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility, or efficiency of the airport; "XD) if a change or alteration in the siirport or its facilities is made which the Secretary determines adversely affects ' i the safety, utility, or efficiency of any federally own«d, leased, or funded property on or off the airport and which is not in conformity with the airport layout plan as approved r, by the Secretary, the owner or operator will, if requested by the Secretary— "(i) eliminate such adverse effect in a manner approved by the Secretary; or "(ii) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Sec-

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Page:United States Statutes at Large Volume 101 Part 3.djvu/203

 PUBLIC LAW 100-223—DEC. 30, 1987

101 STAT. 1501

retary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities;".

?i

" '^ ^

(g) ASSURANCE RELATING TO CONTRACTING FOR ENGINEERING AND

DESIGN SERVICES.—Section 511(a) is further amended by adding at the end thereof the following new paragraph: "(16) each contract or subcontract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping, or related services with respect to the project will be awarded in the same manner as a contract for architectural and engineering services is negotiated under title IX of the Federal Property Administrative Services Act of 1949 or an equivalent qualifications-based requirement prescribed for or by the sponsor of the airport; and", (h) ASSURANCE RELATING TO DISADVANTAGED BUSINESS ENTER-

PRISES.—Section 511(a) is further amended by adding at the end thereof the following new paragraph: "(17) the airport owner or operator will take such action as may be necessary to ensure that, to the maximum extent practicable, at least 10 percent of all businesses at the airport which sell food, beverages, printed materials, or other consumer products to the public are small business concerns (as defined by the Secretary by regulation) owned and controlled by socially and economically disadvantaged individuals (as defined under section 505(d)(2)(B)).". (i) USE OF STATE TAXES ON AVIATION FUEL.—Section 511 is further amended by adding at the end thereof the following new subsection: "(d) USE OF STATE TAXES ON AVIATION FUEL.—Nothing in subsection (a)(12) of this section shall preclude the use of State taxes on aviation fuel to support a State aviation program or preclude use of airport revenue on or off the airport for noise mitigation purposes.". (j) USE OF LAND DISPOSAL FUNDS.—Section 511 is further amended by adding at the end thereof the following new subsection: "(e) USE OF LAND DISPOSAL FUNDS.—

"(1) AIRPORT NOISE COMPATIBILITY LANDS.—Amounts deposited

in the Trust Fund in accordance with subsection (a)(13) of this section shall be available to the Secretary for making grants for airport development and airport planning under section 505(a). Such amounts shall be in addition to amounts made available to the Secretary under section 505 and not subject to the apportionment provisions of sections 507(a) and 507(b)(5). "(2) OTHER AIRPORT LANDS.—Amounts deposited in the Trust Fund in accordance with subsection (a)(14) of this section— "(A) shall be available to the Secretary for making grants at the discretion of the Secretary for the purposes described in section 507(c)(2) at primary airports and reliever airports; and "(B) shall be available to the Secretary for use in accordance with section 507(a)(3) at other airports in the State in which the land disposition occurred under subsection (a)(14). Such amounts shall be in addition to amounts made available to the Secretary under section 505 and not subject to the apportionment provisions of sections 507(a) and 507(b)(5).".

'

'• ?

. <i; j.

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Page:United States Statutes at Large Volume 101 Part 3.djvu/204

 101 STAT. 1502 49 USC app. 2210-

PUBLIC LAW 100-223—DEC. 30, 1987

(k) PROCEDURES FOR MODIFYING ASSURANCES.—Section 511 is furt h e r amended by adding a t the end thereof the following new subsection: "(f) PROCEDURES FOR MODIFYING ASSURANCES.—If the Secretary proposes to modify any a s s u r a n c e required of a person receiving a g r a n t under t h i s Act and in effect on or after the date of the e n a c t m e n t of this subsection or proposes to require compliance with any additional a s s u r a n c e from such person, the Secretary shall

first— Federal Register,

pu ica ion.

"(1) publish notice of such proposal in the Federal Register, ^jj^j

«^2) provide an opportunity for comment on such proposal.". SEC. 110. GRANT AGREEMENTS.

49 USC app. 2211-

(a) MAXIMUM OBLIGATION OF THE UNITED STATES.—Section 512(b) is amended to read a s follows: "(b) MAXIMUM OBLIGATION OF THE UNITED STATES.— "(1) GENERAL RULE.—Subject to paragraph s (2) and (3) of this subsection, w h e n a n offer is accepted in writing by a sponsor, the a m o u n t stated in the offer a s the maximum obligation of the United States may not be increased. "(2) EXCEPTIONS FOR FISCAL YEARS 1987 AND BEFORE.—The maximum obligation of the United States under this subsection with respect to a project receiving assistance under a g r a n t approved under this title on or before September 30, 1987, may be increased— "(A) by not more than 10 percent in the case of a project for airport development (other than a project for land acquisition); and "(B) by a n a m o u n t not to exceed 50 percent of the total increase in allowable project costs a t t r i b u t a b l e to a n acquisition of land or interests in land, based upon c u r r e n t credible appraisals. Any increase under t h i s section may b e paid only from funds recovered by the United States from other g r a n t s m a d e under

this title. "(3) EXCEPTIONS FOR FISCAL YEARS 1988 AND THEREAFTER.—The

maximum obligation of the United States under this subsection with respect to a project receiving assistance under a grant approved under this title or the Aviation Safety and Noise Abatement Act of 1979 after September 30, 1987, may be increased by not more than 15 percent in the case of a project for airport development.". (b) WoRKSCOPE.—Section 512 is amended by adding at the end thereof the following new subsection: "(d) WoRKSCOPE.—The Secretary may amend, with the consent of the grant recipient, a grant agreement entered into under this title to change the workscope of a project funded under such grant if such amendment does not result in any increase in the maximum obligation of the United States authorized under subsection (b) of this section.". (c) CONFORMING AMENDMENT.—Section 512(c) is amended by inserting "MAXIMUM OBLIGATION FOR GRANTS UNDER THE AIRPORT AND AIRWAY DEVELOPMENT OF 1970.—" before "Notwithstanding".

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