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 PUBLIC LAW 97-248—SEPT. 3, 1982 "(i) has complied with subparagraph (B) of section 6222(b)(1) (relating to notification of inconsistent treatment) with respect to one or more of such items, and "(ii) has not, as of the date on which the Secretary mails the notice, filed a request for administrative adjustments which would make the partner's treatment of the item or items with respect to which the partner complied with subparagraph (B) of section 6222(b)(1) consistent with the treatment of such item or items on the partnership return, or "(B)(i) such partner has filed a request under section 6227(b) for administrative adjustment of one or more of such items, and "(ii) the adjustments requested would not make such partner's treatment of such items consistent with the treatment of such items on the partnership return. "(3) NOTICE MUST BE MAILED BEFORE BEGINNING OF PARTNER-

SHIP PROCEEDING.—Any notice to a partner under subparagraph (A) of paragraph (1) with respect to partnership items for a partnership taxable year shall be mailed before the day on which the Secretary mails to the tax matters partner a notice of the beginning of an administrative proceeding at the partnership level with respect to such items. "(c) REGULATIONS WITH RESPECT TO CERTAIN SPECIAL ENFORCEMENT AREAS.— "(1) APPLICABILITY OF SUBSECTION.—This subsection applies in

the case of— "(A) assessments under section 6851 (relating to termination assessments of income tax) or section 6861 (relating to jeopardy assessments of income, estate, gift, and certain excise taxes), "(B) criminal investigations, "(C) indirect methods of proof of income, "(D) foreign partnerships, and "(E) other areas that the Secretary determines by regulation to present special enforcement considerations. "(2) ITEMS MAY BE TREATED AS NONPARTNERSHIP ITEMS.—To the

extent that the Secretary determines and provides by regulations that to treat items as partnership items will interfere with the effective and efficient enforcement of this title in any case described in paragraph (1), such items shall be treated as nonpartnership items for purposes of this subchapter. "(3) SPECIAL RULES.—The Secretary may prescribe by regulation such special rules as the Secretary determines to be necessary to achieve the purposes of this subchapter in any case described in paragraph (1). "(d) TIME FOR DETERMINING PARTNER'S PROFITS INTEREST IN PARTNERSHIP.—

"(1) IN GENERAL.—For purposes of section 6223(b) (relating to special rules for partnerships with more than 100 partners) and paragraph (11) of subsection (a) (relating to 5-percent group), the interest of a partner in the profits of a partnership for a partnership taxable year shall be determined— "(A) in the case of a partner whose entire interest in the partnership is liquidated, sold, or exchanged during such partnership taxable year, as of the moment immediately before such liquidation, sale, or exchange, or

96 STAT. 665

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 96 S T A T. 666

Regulations.

P U B L I C L A W 9 7 - 2 4 8 — S E P T. 3, 1982 "(B) in the case of any other part n e r, as of the close of the partnership taxable year. "(2) INDIRECT PARTNERS.—The Secretary shall prescribe regulations consistent with the principles of paragraph (1) to be applied in the case of indirect part n e r s. "(e) E F F E C T OF J U D I C I A L DECISIONS IN CERTAIN PROCEEDINGS.— "(1) DETERMINATIONS AT PARTNER LEVEL.—No judicial deter-

m i n a t i o n w i t h respect to the income tax liability of any part n e r not conducted under this subchapter shall be a b a r to any adjustment in such part n e r ' s income tax liability resulting from— "(A) a proceeding with respect to partnership items under this subchapter, or "(B) a proceeding w i t h respect to items which become n o n partnership items— "(i) by reason of 1 or more of the events described in subsection (b), and "(ii) after the a p p r o p r i a t e t i m e for including such items in any other proceeding with respect to nonpartnership items. "(2) PROCEEDINGS UNDER SECTION 6228 (a).—No judicial deter-

m i n a t i o n in any proceeding under subsection (a) of section 6228 with respect to any partnership item shall be a b a r to any adjustment in any other partnership item. "(f) SPECIAL RULE FOR LOSSES AND CREDITS OF FOREIGN P A R T N E R -

SHIPS.—Except to the e x t e n t otherwise provided in regulations, in the case of any partnership the tax m a t t e r s part n e r of which resides outside the United States or the books of which a r e m a i n t a i n e d outside the United States, n o loss or credit shall be allowable to any part n e r unless section 6031 is complied with for the partnership ' s taxable year in which such deduction or credit arose a t such t i m e a s the Secretary prescribes by regulations. 26 USC 6232.

"SEC. 6232. EXTENSION OF SUBCHAPTER TO WINDFALL PROFIT TAX. "(a) INCLUSION AS PARTNERSHIP I T E M. — For purposes of a p p l y i n g

this subchapter to the tax imposed by chapter 45 (relating to the windfall profit tax), the term ' partnership item ' means any item r e l a t i n g to the determination of the tax imposed by chapter 45 to the e x t e n t regulations prescribed by the Secretary provide that, for purposes of t h i s subtitle, such item is more appropriately determined a t the partnership level than a t the part n e r level. "(b) SEPARATE APPLICATION.—This subchapter shall be applied s e p a r a t e l y with respect to— "(1) partnership items described in subsection (a), and "(2) partnership items described in section 6231(a)(3). "(c) PARTNERSHIP AUTHORIZED TO ACT FOR P A R T N E R S. —

26 USC 4986 et
 * ^9-

"(1) IN GENERAL.—For purposes of chapter 45 and so m u c h of t h i s subtitle as relates to chapter 45, to the e x t e n t and in the m a n n e r provided in regulations, a partnership shall be t r e a t e d as authorized to a c t for each part n e r with respect to the determination, assessment, or collection of the tax imposed by chapter 45. "(2) P A R T N E R S ENTITLED TO 5 PERCENT OR MORE OF INCOME MAY

ELECT OUT OF SUBSECTION.—Paragraph (1) shall not apply to any partnership if part n e r s entitled to 5 percent or more of the income of the partnership elect (at the t i m e and in the m a n n e r

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96 STAT. 6'

provided in regulations) not to have paragraph (1) apply to the partnership. "(3) P A R T N E R ' S RIGHTS PRESERVED.—Nothing in paragraph (1)

shall be construed to t a k e away from any person any right g r a n t e d to such person by the foregoing sections of this subchapter." (b) CLERICAL AMENDMENT. — The t a b l e of subchapter s for chapter

63 is amended by adding a t the end thereof the following: "SUBCHAPTER C. Tax treatment of partnership items." (c) T E C H N I C A L AND CONFORMING AMENDMENTS. —

(1) Section 702 (relating to income and credits of part n e r) is 26 USC 702. amended by inserting a t the e n d thereof the following n e w subsection: "(d) CROSS R E F E R E N C E. —

"For rules relating to procedures for determining the tax treatment of partnership items see subchapter C of chapter 63 (section 6221 and following)." (2) Subsection (h) of section 6213 (relating to certain cross 26 USC 6213. references with respect to restrictions on assessment) is amended by inserting a t the e n d thereof the following n e w paragraph: "(4) For provision that this subchapter shall not apply in the case of computational adjustments attributable to partnership items, see section 6230(a)." (3) Section 6216 (relating to certain cross references with 26 USC 6216. respect to assessments) is amended by inserting a t the end thereof the following new paragraph: "(4) For procedures relating to partnership items, see subchapter C." (4) Section 6422 (relating to certain cross references with 26 USC 6422. respect to credits and refunds) is amended by inserting a t the end thereof the following new paragraph: "(15) For special rules in the case of a credit or refund attributable to partnership items, see section 6227 and subsections (c) and (d) of section 6230." (5) Subsection (o) of section 6501 (relating to limitations on 26 USC 6501. assessment and collection) is amended to read as follows: "(o) SPECIAL RULES FOR PARTNERSHIP I T E M S. — For e x t e n s i o n

of

period in the case of partnership items (as defined in section 6231(a)(3)), see section 6229." (6) Section 6504 (relating to certain cross references with 26 USC 6504. respect to limitations on assessments) is amended by inserting a t the end thereof the following new paragraph: "(12) Assessments of tax attributable to partnership items, see section 6229." (7) Subsection (g) of section 6511 (relating to limitations on 26 USC 6511. credit or refund) is amended to read as follows: "(g) SPECIAL RULE FOR CLAIMS W I T H RESPECT TO PARTNERSHIP

ITEMS.—In the case of any tax imposed by subtitle A with respect to any person which is a t t r i b u t a b l e to any partnership item (as defined in section 6231(a)(3)), the provisions of section 6227 and subsections Ante, pp. 663, 655.

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 96 STAT. 668 Ante, p. 660. 26 USC 6512.

26 USC 6515.

PUBLIC LAW 97-248—SEPT. 3, 1982 (c) and (d) of section 6230 shall apply in lieu of the provisions of this subchapter." (8) Subsection (a) of section 6512 (relating to limitations in case of petition to Tax Court) is amended by striking out the period at the end of paragraph (3) and inserting in lieu thereof ", and", and by inserting at the end thereof the following new paragraph: "(4) As to overpayments attributable to partnership items, in accordance with subchapter C of chapter 63." (9) Paragraph (2) of section 6512(b) (relating to limit on amount of credit or refund) is amended by striking out "(c), (d), or (g)" each place it appears and inserting in lieu thereof "(c), or (d)". (10) Section 6515 (relating to certain cross references with respect to limitations on credit or refund) is amended by inserting at the end thereof the following new paragraph: "(7) Refunds or credits attributable to partnership items, see section 6227 and subsections (c) and (d) of section 6230."

26 USC 7422.

(H) Section 7422 (relating to civil actions for refund) is amended by redesignating subsection (h) thereof as subsection (i) and by inserting after subsection (g) the following new subsection: "(h) SPECIAL RULE FOR ACTIONS WITH RESPECT TO PARTNERSHIP

Ante, p. 663. Ante, p. 656. 26 USC 7451. 26 USC 7456. 26 USC 7459.

26 USC 7482.

26 USC 7485.

ITEMS.—No action may be brought for a refund attributable to partnership items (as defined in section 6131(a)(3)) except as provided in section 6228(b) or section 6230(c)." (12) Section 7451 (relating to fee for filing petition) is amended by adding "or for judicial review under section 6226 or section 6228(a)" at the end thereof. (13) Subsection (c) of section 7456 (relating to Tax Court Commissioners) is amended by inserting "6226, 6228(a)," before "7428". (14) Subsection (c) of section 7459 (relating to date of decision) is amended by inserting "or in the case of an action brought under section 6226 or section 6228(a)" after "or under section 7428". (15) Paragraph (1) of section 7482(b) (relating to venue for review of Tax Court decisions) is amended— (A) by striking out "or" at the end of subparagraph (D), (B) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof ", or", (C) by adding after subparagraph (E) the following new subparagraph: "(F) in the case of a petition under section 6226 or 6228(a), the principal place of business of the partnership,", and (D) by inserting ", or the petition under section 6226 or 6228(a)," after "or 7477". (16) Section 7485 (relating to bond to stay assessment and collection) is amended by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following new subsection: "(b) BOND IN CASE OF APPEAL OF DECISION UNDER SECTION 6226 OR SECTION 6228(a).—The condition of subsection (a) shall be satisfied if a partner duly files notice of appeal from a decision under section 6226 or 6228(a) and on or before the time the notice of appeal is filed with the Tax Court,*a bond in an amount fixed by the Tax Court is

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96 STAT. 669

filed, and with surety approved by the Tax Court, conditioned upon the payment of deficiencies attributable to the partnership items to which that decision relates as finally determined, together with any interest, additional amounts, or additions to the tax provided by law. Unless otherwise stipulated by the parties, the amount fixed by the Tax Court shall be based upon its estimate of the aggregate of such deficiencies." (17) Subsection (e) of section 1346 of title 28, United States Code (relating to jurisdiction of district courts with the United States as defendant) is amended by striking out "section 7426 or section" and inserting in lieu thereof "section 6226, 6228(a), 7426, or". (18)(A) Chapter 91 of title 28, United States Code (relating to Claims Court), is amended by adding at the end thereof the following new section: "§ 1508. Jurisdiction for certain partnership proceedings 28 USC 1508. "The Claims Court shall have jurisdiction to hear and to render judgment upon any petition under section 6226 or 6228(a) of the Internal Revenue Code of 1954." Ante, pp. 653, (B) The section analysis of chapter 91 of title 28, United States ^^^• Code (relating to Claims Court) is amended by adding at the end thereof the following new item: "1508. Jurisdiction for certain partnership proceedings." SEC. 403. REQUIREMENT THAT STATEMENT BE FURNISHED TO PARTNER.

(a) GENERAL RULE.—Section 6031 (relating to return of partner- 26 USC 6031. ship income) is amended by adding at the end thereof the following new subsection: "(b) COPIES TO PARTNERS.—Each partnership required to file a return under subsection (a) for any partnership taxable year shall (on or before the day on which the return for such taxable year was filed) furnish to each person who is a partner at any time during such taxable year a copy of such information shown on such return as may be required by regulations." (b) CONFORMING AMENDMENT.—Section 6031 is amended by striking out "Every partnership" and inserting in lieu thereof the following: "(a) GENERAL RULE.—Every partnership". SEC. 404. RETURNS REQUIRED FROM ALL PARTNERSHIPS WITH UNITED STATES PARTNERS.

26 USC 6031 note.

Except as hereafter provided in regulations prescribed by the Secretary of the Treasury or his delegate, nothing in section 6031 of the Internal Revenue Code of 1954 shall be treated as excluding any partnership from the filing requirements of such section for any taxable year if the income tax liability under subtitle A of such Code 26 USC 1. of any United States person is determined in whole or in part by taking into account (directly or indirectly) partnership items of such partnership for such taxable year. SEC. 405. RETURN REQUIREMENT FOR UNITED STATES PERSONS HAVING INTEREST IN FOREIGN PARTNERSHIPS.

(a) IN GENERAL.—Subpart B of part III of subchapter A of chapter 61 (relating to information concerning transactions with other persons) is amended by inserting after section 6046 the following new section:

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 96 STAT. 670 26 USC 6046A.

PUBLIC LAW 97-248—SEPT. 3, 1982 "SEC. 6046A. RETURNS AS TO INTERESTS IN FOREIGN PARTNERSHIPS.

"(a) REQUIREMENT OF RETURN.—Any United States person, except to the extent otherwise provided by regulations— "(1) who acquires any interest in a foreign partnership, "(2) who disposes of any portion of his interest in a foreign partnership, or "(3) whose proportional interest in a foreign partnership changes substantially, shall file a return. "(b) FORM AND CONTENTS OF RETURN.—Any return required by subsection (a) shall be in such form and set forth such information as the Secretary shall by regulations prescribe. "(c) TIME FOR FILING RETURN.—Any return required by subsection (a) shall be filed on or before the 90th day (or on or before such later day as the Secretary may by regulations prescribe) after the day on which the United States person becomes liable to file such return. "(d) CROSS REFERENCE.— "For provisions relating to penalties for violations of this section, see sections 6679 and 7203." (b) PENALTY.—

26 USC 6679.

Subsection (a) of section 6679 (relating to failure to file returns as to organization or reorganization of foreign corporations and acquisitions of their stock) is amended by striking out "section 6046" and inserting in lieu thereof "section 6046 or 6046A". (c) CLERICAL AMENDMENTS.—

(1) The table of sections for subpart B of part III of subchapter A of chapter 61 is amended by inserting after the item relating to section 6046 the following new item: "Sec. 6046A. Returns as to interests in foreign partnerships."

(2) The section heading of section 6679 is amended to read as follows: "SEC. 6679. FAILURE TO FILE RETURNS WITH RESPECT TO FOREIGN CORPORATIONS OR FOREIGN PARTNERSHIPS."

(3) The table of sections for subchapter B of chapter 68 is amended by striking out the item relating to section 6679 and inserting in lieu thereof the following: "Sec. 6679. Failure to file returns with respect to foreign corporations or foreign partnerships." 26 USC 6231 note.

SEC. 406. SPECIAL RULE FOR CERTAIN INTERNATIONAL SATELLITE PARTNERSHIPS.

Subchapter C of chapter 63 of the Internal Revenue Code of 1954 (relating to tax treatment of partnership items), section 6031 of such Code (relating to returns of partnership income), and section 6046A of such Code (relating to returns as to interest in foreign partnerships) shall not apply to the International Telecommunications Satellite Organization, the International Maritime Satellite Organization, and any organization which is a successor of either of such organizations. 26 USC 6221

SEC. 407. EFFECTIVE DATES.

(a)(1) Except as provided in paragraph (2), the amendments made by sections 402, 403, and 404 shall apply to partnership taxable years beginning after the date of the enactment of this Act.

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 PUBLIC LAW 97-248—SEPT. 3, 1982 (2) Section 6232 of the I n t e r n a l Revenue Code of 1954 shall apply to periods after December 31, 1982. (3) The amendments m a d e by sections 402, 403, and 404 shall apply to any partnership taxable year (or in the case of section 6232 of such Code, to any period) ending after the date of the e n a c t m e n t of this Act if the partnership, each part n e r, and each indirect part n e r requests such application and the Secretary of the Treasury or his delegate consents to such application. (b) The amendments m a d e by section 405 shall apply with respect to acquisitions or dispositions of, or substantial changes in, interests in foreign partnership s occurring after the date of the e n a c t m e n t of this Act.

TITLE V—AIRPORT AND AIRWAY IMPROVEMENT SECTION 501. SHORT TITLE.

This title may be cited as the "Airport and Airway Improvement Act of 1982". SEC. 502. DECLARATION OF POLICY.

(a) IN GENERAL. — The Congress hereby finds and declares that— (1) the safe operation of the airport and airway system will continue to be the highest aviation priority; (2) the continuation of airport and airway improvement program s and more effective m a n a g e m e n t and utilization of the Nation's airport and airway system a r e required to meet the c u r r e n t and projected growth of aviation and the requirements of i n t e r s t a t e commerce, the Postal Service, and the national defense; (3) this title should be administered in a m a n n e r to provide a d e q u a t e navigation aids and airport facilities, including reliever airports and reliever heliports, for points w h e r e scheduled commercial air service is provided; (4) this title should be administered in a m a n n e r consistent with a comprehensive airspace system plan to maximize the use of safety facilities, with highest priority for commercial service airports, including but not limited to, the goal of installing, operating, and m a i n t a i n i n g, to the extent possible under available funds and given other safety needs, a precision approach system and a full approach light system for each p r i m a r y runway, grooving, or friction t r e a t m e n t of all p r i m a r y and secondary r u n w a y s, a nonprecision i n s t r u m e n t approach for all secondary runways, r u n w a y end identifier lights on all r u n w a y s that do not have an approach light system, electronic or visual vertical guidance on all runways, r u n w a y edge lighting and m a r k i n g, and r a d a r approach coverage for all airport term i n a l areas; (5) all airport and airway programs should be administered in a m a n n e r consistent with the provisions of sections 102 and 103 of the Federal Aviation Act of 1958, with due regard for the goals expressed therein of fostering competition, preventing unfair methods of competition in air transportation, maintaining essential air transportation, and preventing unjust and discriminatory practices;

96 STAT. 671

26 USC 6046A note.

Airport and Airway Improvement Act of 1982. 49 USC 2201 note.

49 USC 2201.

49 USC 1302, 1303.

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 96 STAT. 672

PUBLIC LAW 97-248—SEPT. 3, 1982 (6) reliever airports make an important contribution to the efficient operation of the airport and airway system, and special emphasis should be given to their development; (7) aviation facilities should be constructed and operated with due regard to minimizing current and projected noise impacts on nearby communities; (8) the Federal administrative requirements placed upon airport sponsors can be reduced and simplified through the use of a single project application to cover all airport improvement projects contained in the airport's annual expenditure program; and (9) it is in the national interest to develop in metropolitan areas an integrated system of airports designed to provide expeditious access and maximum safety. (b)

TRANSPORTATION PLANNING.—It

is

declared

to

be

in

the

national interest to encourage and promote the development of transportation systems embracing various modes of transportation in a manner that will serve the States and local communities efficiently and effectively. To accomplish this objective, the Secretary shall cooperate with State and local officials in the development of airport plans and programs which are formulated on the basis of overall transportation needs and coordinated with other transportation planning with due consideration to comprehensive long-range land-use and access plans and overall social, economic, environmental, system performance, and energy conservation goals and objectives. The process shall be continuing, cooperative, and comprehensive to the degree appropriate based on the complexity of the transportation problems. 49 USC 2202.

SEC. 503. DP^PMNITIONS.

(a) IN GENERAL.—As used in this title— (1) "Airport" means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. (2) "Airport development" means any of the following activities, if undertaken by the sponsor, owner or operator of a publicuse airport: (A) any work involved in constructing, reconstructing, repairing, or improving a public-use airport or portion thereof, including— (i) the removal, lowering, relocation, and marking and lighting of airport hazards; and (ii) the preparation of plans and specifications, including field investigations incidental thereto; (B) any acquisition or installation at or by a public-use airport of— (i) navigation and other aids (including, but not limited to, precision approach systems) used by aircraft for landing at or taking off from such airport, including any necessary site preparation thereby required; (ii) safety or security equipment required by the Secretary by rule or regulation for the safety or security of persons and property at such airport, or specifically approved by the Secretary as contributing significantly to the safety or security of persons and property at such airport;

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 PUBLIC LAW 97-248—SEPT. 3, 1982 (iii) snow removal equipment; (iv) aviation-related w e a the r reporting equipment; or (v) equipment to m e a s u r e r u n w a y surface friction; and (C) any acquisition of land or of any interest therein, or of any easement through or other interest in airspace, including land for future airport development, which is necessary to permit any airport development described in subparagraph (A) or (B) of this paragraph or to remove, mitigate, prevent, or limit the establishment of airport hazards. (3) "Airport h a z a r d " means any s t r u c t u r e or object of n a t u r a l growth located on or in the vicinity of a public-use airport, or any use of land n e a r such an airport, which obstructs the airspace required for the flight of aircraft in landing or taking off at such airport or is otherwise hazardous to such landing or taking off of aircraft. (4) "Airport p l a n n i n g " means p l a n n i n g as defined by such regulations as the Secretary shall prescribe, and includes integrated airport system planning. (5) "Commercial service a i r p o r t " means a public airport which is determined by the Secretary to e n p l a n e annual l y 2,500 or more passengers and receive scheduled passenger service of aircraft. (6) " Government aircraft" means aircraft owned and operated by the United States. (7) " I n t e g r a t e d airport system p l a n n i n g " means the initial as well as continuing development for p l a n n i n g purposes of information and guidance to determine the extent, type, n a t u r e, location, and t i m i n g of airport development needed in a specific a r e a to establish a viable, balanced, and integrated system of public-use airports. It includes identification of system needs, development of estimates of systemwide development costs, and the conduct of such studies, surveys, and other p l a n n i n g actions, including those related to airport access, as may be necessary to determine the short-, intermediate-, and long-range aeronautical d e m and s required to be met by a part i c u l a r system of airports. It also includes the establishment by a State of standards, other than standard s for safety of approaches, for airport development at public-use airports which a r e not p r i m a r y airports. (8) "Landing a r e a " means that a r e a used or intended to be used for the landing, takeoff, or surface m a n e u v e r i n g of aircraft. (9) "Passengers e n p l a n e d " means domestic, territorial, and international revenue passenger e n p l a n e m e n t s in the States in scheduled and nonscheduled service of aircraft in i n t r a s t a t e, i n t e r s t a t e, and foreign commerce as shall be determined by the Secretary pursuant to such regulations as the Secretary may prescribe. (10) " P l a n n i n g agency" means any p l a n n i n g agency designated by the Secretary which is authorized by the laws of the State or States or political subdivisions concerned to engage in areawide planning for the areas in which assistance under this title is to be used. (11) " P r i m a r y a i r p o r t " means a commercial service airport which is determined by the Secretary to have.01 percent or

96 STAT. 673

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 96 STAT. 674

Ante, p. 565.

PUBLIC LAW 97-248—SEPT. 3, 1982 more of the total number of passengers enplaned annually at all commercial service airports. (12) "Project" means a project (or separate projects submitted together) for the accomplishment of airport development or airport planning, including the combined submission of all projects which are to be undertaken at an airport in a fiscal year. (13) "Project costs" means any costs involved in accomplishing a project. (14) "Project grant" means a grant of funds by the Secretary to a sponsor for the accomplishment of one or more projects, (15) "Public agency" means a State or any agency of a State, a municipality or other political subdivision of a State, a taxsupported organization, or an Indian tribe or pueblo. (16) "Public airport" means any airport which is used or to be used for public purposes, under the control of a public agency, the landing area of which is publicly owned. (17) "Public-use airport" means— (A) any public airport, (B) any privately owned reliever airport, and (C) any privately owned airport which is determined by the Secretary to enplane annually 2,500 or more passengers and receive scheduled passenger service of aircraft, which is used or to be used for public purposes. (18) "Reliever airport" means an airport designated by the Secretary as having the function of relieving congestion at a commercial service airport and providing more general aviation access to the overall community. (19) "Reliever heliport" means a heliport designated by the Secretary as having the function of relieving congestion at a commercial service airport, by means of diverting potential fixed-wing enplaned passengers to helicopter carriers. (20) "Secretary" means the Secretary of Transportation. (21) "Sponsor" means (A) any public agency which, either individually or jointly with one or more other public agencies, submits to the Secretary, in accordance with this title, an application for financial assistance, and (B) any private owner of a public-use airport who submits to the Secretary, in accordance with this title, an application for financial assistance for such airport. (22) "State" means a State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, the Government of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and Guam. (23) "Trust Fund" means the Airport and Airway Trust Fund established by section 9502 of the Internal Revenue Code of 1954. (24) "United States share" means that portion of the project costs of projects for airport development or airport planning approved pursuant to section 509 of this title which is to be paid from funds made available for the purposes of this title. (b) AMOUNTS MADE AVAILABLE.—Whenever in this title reference is made to the amount made available for a fiscal year under section 505 of this title, such reference shall mean the amount made available for obligation under subsection (a) of section 505 for that fiscal year as reduced or limited by any Act of Congress enacted after the date of enactment of this title.

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SEC. 504. NATIONAL AIRPORT AND AIRWAY SYSTEM PLANS.

(a) FORMULATION OF AIRPORT PLAN.—Not later than two years after the date of enactment of this title and every two years thereafter, the Secretary shall publish the status of the existing national airport system plan to provide for the development of public-use airports in the United States. The plan shall include the type and estimated cost of eligible airport development considered by the Secretary to be necessary to provide a safe, efficient, and integrated system of public-use airports to anticipate and meet the needs of civil aeronautics, to meet requirements in support of the national defense as determined by the Secretary of Defense, and to meet identified needs of the Postal Service. Airport development identified by this plan shall not be limited to the requirements of any classes or categories of public-use airports. In reviewing and revising the plan, the Secretary shall consider the needs of all segments of civil aviation, and take into consideration, among other things, the relationship of each airport to (1) the rest of the transportation system in the particular area, (2) the forecasted technological developments in aeronautics, and (3) developments forecasted in other modes of intercity transportation. After the date of enactment of this title, the revised national airport system plan shall be known as the national plan of integrated airport systems. (b) FORMULATION OF AIRWAY PLAN.—(1) The Administrator of the

Federal Aviation Administration shall prepare (subject to the requirements of section 506(f) of this title) and submit to the Congress, not later than ninety days after the date of enactment of this title, a national airways system plan. The Administrator shall review, revise, and publish such plan before the beginning of each fiscal year thereafter. The plan shall set forth, for a ten-year period, the research, engineering, and development programs and the facilities and equipment considered by the Administrator necessary for a system of airways, air traffic services, and navigation aids which will meet the forecasted needs of civil aeronautics, meet requirements in support of the national defense as determined by the Secretary of Defense, and provide the highest degree of safety in air commerce. In addition, such plan shall set forth— (A) for the first two years of the plan, detailed annual estimates of (i) the number, type, location, and cost of acquisition, operation, and maintenance of required facilities and services, (ii) the cost of research, engineering, and development required to improve safety, system capacity, and efficiency, and (iii) manpower levels required for all the activities described in this subparagraph; (B) for the third, fourth, and fifth years of the plan, estimates of the total cost of each major program for such three-year period, and any additional major research programs, acquisition of systems and facilities, and changes in manpower levels that may be required to meet long-range objectives and that may have significant impact on future funding requirements; and (C) a ten-year investment plan which considers long-range objectives considered by the Administrator to be necessary to ensure that safety is given the highest priority in providing for a safe and efficient airway system and to meet the current and projected growth of aviation and the requirements of interstate commerce, the Postal Service, and the national defense.

49 USC 2203

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Page:United States Statutes at Large Volume 96 Part 1.djvu/718

 96 STAT. 676 Report to Congress.

PUBLIC LAW 97-248—SEPT. 3, 1982 (2) On or before the first day of April of each year the Secretary shall report to the Congress on the operations of the national airways system during the last completed fiscal year. The report shall include a review of the operations of the Federal Aviation Administration, including, but not limited to, a detailed report on programs intended to improve the safety of flight operations and the capacity and efficiency of the national airways system, any significant problems encountered in these programs, a summary of funds committed in each major program area, and a report on amounts appropriated but not expended for such programs. (c) CONSULTATION WITH FEDERAL AND PUBLIC AGENCIES AND AVI-

ATION COMMUNITY.—In reviewing and revising the national airport system plan, the Secretary shall consult, to the extent feasible and as appropriate, with other Federal and public agencies, and with the aviation community. (d)

CONSULTATION WITH

DEPARTMENT OF DEFENSE.—(1)

The

Department of Defense shall make domestic military airports and airport facilities available for civil use to the maximum extent feasible. In advising the Secretary of national defense requirements pursuant to subsection (a) of this section, the Secretary of Defense shall indicate the extent to which domestic military airports and airport facilities will be available for civil use. (2) Not later than 180 days after the date of enactment of this title, the Comptroller General shall submit to the Congress an evaluation of the feasibility of making domestic military airports and airport facilities available for joint civil and military use to the maximum extent compatible with national defense requirements. With respect to those military airports determined to be most feasible for joint civil and military use, such evaluation shall include an estimate of the costs and the development requirements involved in making such airports available for joint civil and military use. (3) Not later than 1 year after the date of enactment of this title, the Secretary of Defense and the Secretary of Transportation shall submit to the Congress a plan for making domestic military airports and airport facilities available for joint civil and military use to the maximum extent compatible with national defense requirements. The plan shall recommend public-sector civil sponsors in the case of each joint use proposed in the plan. 49 USC 2204. Grants.

49 USC 1711, 1713. 49 USC 2104.

SEC. 505. AIRPORT IMPROVEMENT PROGRAM.

(a) AIRPORT DEVELOPMENT AND AIRPORT PLANNING.—In order to maintain a safe and efficient nationwide system of public-use airports to meet the present and future needs of civil aeronautics, the Secretary is authorized to make grants from the Trust Fund for airport development and airport planning by project grants in accordance with the provisions of this title. 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 $450,000,000 for fiscal year 1982; $1,050,000,000 for the fiscal years ending before October 1, 1983; $1,843,500,000 for the fiscal years ending before October 1, 1984; $2,755,500,000 for the fiscal years ending before October 1, 1985; $3,772,500,000 for the fiscal years ending before October 1, 1986; and $4,789,700,000 for the fiscal years ending before October 1, 1987.

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96 STAT. 677

(b) OBLIGATIONAL AUTHORITY.—(1) The Secretary is a u t h o r i z e d to

incur obligations to m a k e g r a n t s from funds made available under subsection (a) of this section, and such authority shall exist with respect to funds available for the making of g r a n t s for any fiscal year or part thereof pursuant to subsection (a) immediately after such funds a r e apportioned pursuant to section 507(a) of this title. No such obligation shall be incurred by the Secretary after September 30, 1987, except that nothing in this section shall preclude the obligation by g r a n t a g r e e m e n t of apportioned funds which r e m a i n available pursuant to section 508(a) of this title after such date. (2) No obligation shall be incurred by the Secretary for airport development a t a privately owned public-use airport unless the Secretary receives a p p r o p r i a t e assurances that such airport will continue to function as a public-use airport during the economic life (which in no case shall be less than t e n years) of any facility a t such airport that was developed with Federal financial assistance under this title. (c) N O I S E A B A T E M E N T P R O J E C T S TO B E CONSIDERED AS AIRPORT DEVELOPMENT FOR FISCAL Y E A R 1982.—For purposes of a m o u n t s

apportioned for fiscal year 1982, airport development shall be considered to include any of the following activities, if under t a k e n by the sponsor, owner, or operator of a public-use airport: (1) any acquisition or installation of the following items for improving noise compatibility a t a public-use airport: (A) noise suppressing equipment, physical barriers, or landscaping, for the purpose of diminishing the effect of aircraft noise on any a r e a adjacent to such airport; and (B) land, including land associated with future airport development, or any interest therein, or any easement through or other interest in airspace, necessary to insure that such land is used only for purposes which a r e compatible with the noise levels a t t r i b u t a b l e to the operation of such airport; and (2) any project to carry out a n approved airport noise compatibility program, or part thereof, approved by the Secretary pursuant to section 104(b) of the Aviation Safety and Noise A b a t e m e n t Act of 1979.

49 USC 2104.

SKC..-)6. AIRWAY IMFROVKMENT PR(]RAIV1.

49 USC 220.5.

(a) A I R W A Y FACILITIES AND EQUIPMENT. — For

the

purposes

of

Appropriation

acquiring, establishing, and improving a i r navigation facilities under authorization, section 307(b) of the Federal Aviation Act of 1958 (49 U.S.C. 1348(b)), the r e is authorized to be appropriated from the Trust Fund for fiscal years beginning after September 30, 1981, aggregate a m o u n t s not to exceed $261,000,000 for fiscal year 1982; $986,000,000 for the fiscal years ending before October 1, 1983; $2,379,000,000 for the fiscal years ending before October 1, 1984; $3,786,000,000 for the fiscal years ending before October 1, 1985; $5,163,000,000 for the fiscal years ending before October 1, 1986; and $6,327,000,000 for the fiscal years ending before October 1, 1987. A m o u n t s appropriated under the authorizations in this subsection shall r e m a i n available until expended. (2) The costs of site preparation work associated with acquisition, establishment, or improvement of a i r navigation facilities by the Secretary pursuant to section 307(b) of the Federal Aviation Act of 1958 shall be charged to appropriated funds available to the Secre- 49 USC 1348. t a r y for that purpose pursuant to paragraph (1) of this subsection.

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text: United States Statutes at Large/Volume 6/3rd Congress/2nd Session/Chapter 34


text: The Liberty to Trade as Buttressed by National Law/The Knight Case


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 96 STAT. 678

PUBLIC LAW 97-248—SEPT. 3, 1982 Nothing in this title shall preclude the Secretary from providing, in a grant agreement or other agreement with an airport owner or sponsor, for the performance of such site preparation work in connection with airport development, subject to payment or reimbursement for such site preparation work by the Secretary from such appropriated funds. (b) RESEARCH, ENGINEERING AND DEVELOPMENT, AND DEMONSTRA-

Appropriation authorization.

TIONS.—The Secretary is authorized to carry out under section 312 (49 U.S.C. 1353) of the Federal Aviation Act of 1958 such demonstration projects as the Secretary determines necessary in connection with research and development activities under section 312. For research, engineering and development, and demonstration projects and activities under section 312, there is authorized to be appropriated from the Trust Fund $72,000,000 for fiscal year 1982; $134,000,000 for fiscal year 1983 (of which not more than $16,800,000 is authorized to be appropriated for facilities, engineering and development); $286,000,000 for fiscal year 1984 (of which not more than $24,700,000 is authorized to be appropriated for facilities, engineering and development); $269,000,000 for fiscal year 1985 (of which not more than $23,100,000 is authorized to be appropriated for facilities, engineering and development); $215,000,000 for fiscal year 1986 (of which not more than $22,700,000 is authorized to be appropriated for facilities, engineering and development); and $193,000,000 for fiscal year 1987 (of which not more than $22,000,000 is authorized to be appropriated for facilities, engineering and development). Amounts appropriated under the authorizations in this subsection shall remain available until expended. (c) OTHER EXPENSES.—(1) The balance of the moneys available in the Trust Fund may be appropriated for (A) costs of services provided under international agreements relating to the joint financing of air navigation services which are assessed against the United States Government, and (B) direct costs incurred by the Secretary to flight check, operate, and maintain air navigation facilities referred to in subsection (a) of this section in a safe and efficient manner. (2) The amount appropriated from the Trust Fund for the purposes of clauses (A) and (B) of paragraph (1) of this subsection for fiscal year 1982 may not exceed $800,000,000, and for any fiscal year beginning after September 30, 1982, and ending before October 1, 1987, may not exceed the amount made available for purposes of section 55 for that fiscal year multiplied by a factor equal to 2.44 in the case of fiscal year 1983; 1.57 in the case of fiscal year 1984; 1.39 in the case of fiscal year 1985; 1.28 in the case of fiscal year 1986; and 1.34 in the case of fiscal year 1987. The amount authorized to be appropriated from the Trust Fund under this paragraph for any fiscal year shall be reduced by an amount equal to two times the excess, if any, of (A) the portion of the amount authorized to be appropriated under subsection (a) of this section for such fiscal year which was not authorized to be appropriated for any previous fiscal year, over (B) the amount appropriated under such subsection for such fiscal year. (d) WEATHER SERVICES.—The Secretary is authorized to reimburse the National Oceanic and Atmospheric Administration from the funds authorized in subsection (c) for fiscal years beginning after September 30, 1982, for the cost of providing the Federal Aviation Administration with weather reporting services. Expenditures for the purposes of carrying out this subsection shall be limited to $26,700,000 for fiscal year 1988; $28,r)(i9,00 for fiscal year 1984;

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96 STAT. 679

$30,569,000 for fiscal year 1985; $32,709,000 for fiscal year 1986; and $34,998,000 for fiscal year 1987. (e) PRESERVATION OF F U N D S A N D PRIORITY FOR AIRPORT AND A I R W A Y PROGRAMS.—(1) Notwithstanding any other provision of law

to the contrary, no a m o u n t s may be appropriated from the Trust Fund to carry out any program or activity under the Federal Aviation Act of 1958, except programs or activities referred to in 49 USC 1301 this section. "°*®(2) A m o u n t s equal to the a m o u n t s authorized for each fiscal year by section 505 of this title and subsections (a), (b), and (d) and the third sentence of section (c) of this section shall remain available in the T r u s t Fund until appropriated for the purposes described in such subsections. (3) No a m o u n t s in the Trust F u n d may be appropriated for any fiscal year to carry out administrative expenses of the Department of Transportation or of any unit thereof except to the extent authorized by subsection (c) of this section. (4) No provision of law, except for a statute enacted after the date of e n a c t m e n t of this title which expressly limits the application of this paragraph, shall impair the authority of the Secretary to obligate to a n airport by g r a n t a g r e e m e n t in any fiscal year the unobligated balance of a m o u n t s which were apportioned in prior fiscal years and which r e m a i n available for approved airport development projects pursuant to section 508(a) of this title, in addition to the a m o u n t s authorized for that fiscal year by section 505. (5) No provision of law shall be construed as authorizing the Secretary to obligate or expend any a m o u n t s appropriated from the T r u s t Fund for the purposes described in subsection (c) in any fiscal year after September 30, 1987, unless the provision expressly amends the provisions of and the formulas in subsection (c) of this section. (f) TRANSMITTAL OF BUDGET E S T I M A T E S. — W h e n e v e r the Adminis-

t r a to r of the Federal Aviation Administration submits or t r a n s m i t s any budget estimate, budget request, supplemental budget estimate, or other budget information, legislative recommendation, or comm e n t on legislation to the Secretary, the President of the United States, or to the Office of M a n a g e m e n t and Budget pertaining to funds authorized in subsection (a) or (b) of this section, it shall concurrently t r a n s m i t a copy thereof to the Speaker of the House of Representatives, the Committees on Public Works and Transportation and Appropriations of the House of Representatives, the President of the Senate, and the Committees on Commerce, Science, and Transportation and Appropriations of the Senate. SEC. 507. APPORTIONMENT OF FUNDS.

(a) APPORTIONMENT.—On the first day of each fiscal year for which any a m o u n t is authorized to be obligated for the purposes of section 505 of this title, the a m o u n t made available for that year under such section and not previously apportioned shall be apportioned by the Secretary as follows: (1) PRIMARY AIRPORTS.—

(A) To the sponsor of each p r i m a r y airport, as follows: (i) $6 for each of the first fifty thousand passengers enplaned at that airport; (ii) $4 for each of the next fifty thousand passengers enplaned a t that airport;

49 USC 2206.

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 96 STAT. 680

PUBLIC LAW 97-248—SEPT. 3, 1982 (iii) $2 for each of the next four h u n d r e d thousand passengers enplaned a t that airport; and (iv) $0.50 for each additional passenger enplaned at that airport. (B) In each of the fiscal years 1984 through 1987, the Secretary shall apportion an a m o u n t to the sponsor of each p r i m a r y airport in addition to w h a t e v e r a m o u n t is apportioned to such airport under the formula set forth in subparagraph (A). The additional a p p o r t i o n m e n t shall be calculated by determining the a m o u n t such airport is to be apportioned under the formula in subparagraph (A) and the n increasing that a m o u n t by 10 percent for fiscal year 1984, 20 percent for fiscal year 1985, 25 percent for fiscal year 1986, and 30 percent for fiscal year 1987. (C) The Secretary shall not apportion less than $200,000 nor more than $12,500,000 under this paragraph to a n airport sponsor for any p r i m a r y airport for any fiscal year. (D) In no event shall the total a m o u n t of all apportionm e n t s under this paragraph for any fiscal year exceed 50 percent of the a m o u n t authorized to be obligated for such fiscal year for the purposes of section 505 of this title. In any case in which a n a p p o r t i o n m e n t would be reduced by the preceding sentence, the Secretary shall for such fiscal year reduce the a p p o r t i o n m e n t to each sponsor of a prim a r y airport under this paragraph proportionately so that such 50 percent a m o u n t is achieved. (E) If any Act of Congress has the effect of limiting or reducing the a m o u n t authorized or available to be obligated for any fiscal year for the purposes of section 505 of this title, the total a m o u n t of all a p p o r t i o n m e n t s under this paragraph for such fiscal year shall not exceed 50 percent of such limited or reduced a m o u n t. In any case in which an a p p o r t i o n m e n t would be reduced by the preceding sentence, the Secretary shall for such fiscal year reduce the apport i o n m e n t to each sponsor of a p r i m a r y airport under this paragraph proportionately so that such 50 percent a m o u n t is achieved. (2) A P P O R T I O N M E N T S TO STATES.—To the States, the r e shall be

apportioned for each of the fiscal years beginning after September 30, 1981, and ending before October 1, 1987, 12 percent of the a m o u n t made available under section 505 for such fiscal year, as follows: (A) INSULAR AREAS.—For airports other than p r i m a r y airports, one percent of such a m o u n t s to Guam, American Samoa, the Government of the Northern M a r i a n a Islands, the Trust Territory of the Pacific Islands, and the Virgin Islands. (B) STATES.—For airports other than p r i m a r y airports and other than airports described in section 508(d)(3), onehalf of the r e m a i n i n g 99 per c e n t u m to the States (other than those to which subparagraph (A) of this paragraph applies) in the proportion which the population of each such State bears to the total population of all such States and one-half of the r e m a i n i n g 99 per c e n t u m to the States (other than those to which subparagraph (A) of this paragraph applies) in the proportion which the a r e a of each such State bears to the total a r e a of all such States. As used in this

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96 STAT. 681

paragraph, the term "population" means the population according to the latest decennial census of the United States and the term "area" includes both land and water. (3) DISCRETIONARY FUND.—Any amounts not apportioned under paragraphs (1), (2), and (4) of this subsection shall constitute a discretionary fund to be distributed at the discretion of the Secretary (subject to the limitations set forth in section 508(d) of this title) for such 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. (4) Notwithstanding any other provision of this subsection, 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 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. In no event Post, p. 695. 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. In no event shall a primary airport be apportioned less under this paragraph for a fiscal year than it would be apportioned for such fiscal year under paragraph (1) of this subsection. 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. 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 in paragraph (3) of this subsection. (b) PASSENGERS ENPLANED.—For purposes of determining apportionments for any fiscal year under paragraph (1) of subsection (a) of this section, 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. SEC.

508. USE OF APPORTIONED AND DISCRETIONARY FUNDS; MISC E L L A N E O U S CONDITIONS.

(a) DURATION OF AVAILABILITY OF APPORTIONED AMOUNTS.—Each

amount apportioned under paragraph (1), (2), or (4) of section 507(a) of this title shall be available for obligation under such apportionment during the fiscal year for which it was first authorized to be obligated and the two fiscal years immediately following. Any amount so apportioned which has not been obligated within such time shall be added to the discretionary fund established by section 507(a)(3) of this title. (b) TRANSFER OF CERTAIN APPORTIONMENTS OF PRIMARY AIR-

PORTS.—(1) Funds apportioned to a sponsor under section 507(a)(1) of this title may be used for any of the purposes for which funds are made available under section 505 at any public-use airport of such sponsor which is in the national plan of integrated airport systems. (2) A sponsor may enter into an agreement with the Secretary whereby the sponsor waives receipt of all or part of the funds apportioned to it under such section on the condition that the Secretary make the waived amount available for any of the purposes

49 USC 2207.

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 96 STAT. 682

49 USC 1711, 1^1349 USC 2104.

Post, p. 695.

49 USC 2208.

PUBLIC LAW 97-248—SEPT. 3, 1982

for which funds are made available under section 505 to the sponsor of another public-use airport which is a part of the same State or geographical area as the airport of the sponsor making the waiver. (c) STATES.—Funds apportioned to a State under section 507(a)(2) shall be available for any of the purposes for which funds are made available under section 505 to airports described in section 507(a)(2) which are located in such State. Each sponsor of such an airport may apply to the Secretary for grants from funds apportioned to such State. (d) GENERAL LIMITATIONS.—(1) Not less than 10 percent of the funds made available under section 505 for any fiscal year shall be distributed to reliever airports during such fiscal year. (2) Not less than 8 percent of the funds made available under section 505 for any fiscal year shall be obligated during such fiscal year (A) 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, and (B) in the case of fiscal year 1982, for any of the purposes set forth in section 505(c) of this title. (3) Not less than 5.5 percent of the funds made available under section 505 for any fiscal year shall be distributed during such fiscal year to— (A) commercial service airports which are not primary airports, (B) public airports (other than commercial service airports) which were eligible for Federal assistance from funds apportioned under section 15(a)(3) of the Airport and Airway Development Act of 1970, and to which section 15(a)(3)(A)(I) of such Act applied during fiscal year 1981, and (C) public airports (other than commercial service airports) which were eligible for Federal assistance from funds apportioned under section 15(a)(3) of the Airport and Airway Development Act of 1970, and to which section 15(a)(3)(A)(II) of such Act applied during fiscal year 1981. No amounts obligated from the funds apportioned under paragraph (4) of section 507(a) shall be counted as part of the 5.5 percent required to be distributed under this paragraph for each fiscal year. (4) Not less than one percent of the funds made available under section 505 for any fiscal year shall be distributed to planning agencies for the purpose of integrated airport system planning during such fiscal year. (5) If the Secretary determines that he will not be able to distribute the amount of funds required to be distributed under paragraph (1), (2), (3), or (4) of this subsection for any fiscal year because the number of qualified applications submitted in compliance with this title is insufficient to meet such amount, the portion of such amount the Secretary determines will not be distributed shall be available for obligation during such fiscal year for other airports and for other purposes authorized by section 505 of this title. SEC. 509. SUBMISSION AND APPROVAL OF PROJECT GRANT APPLICATIONS.

(a) SUBMISSION.—(1) Subject to the provisions of this subsection, (A) any public agency, or two or more public agencies acting jointly, or (B) any sponsor of a public-use airport, or two or more such sponsors acting jointly, may submit to the Secretary a project grant application for one or more projects, in a form and containing such

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Page:United States Statutes at Large Volume 96 Part 1.djvu/725

 PUBLIC LAW 97-248—SEPT. 3, 1982 information as the Secretary may prescribe, setting forth the project proposed to be undertaken. No project grant application shall propose airport development or airport planning except in connection with public-use airports included in the current national plan of integrated airport systems prepared pursuant to section 504 of this title. Nothing in this subsection shall authorize the submission of a project grant application by any public agency which is subject to the law of any State if the submission of such application by the public agency is prohibited by the law of that State. All proposed airport development shall be in accordance with standards established or approved by the Secretary, including, but not limited to, standards for site location, airport layout, site preparation, paving, lighting, and safety of approaches. (2) Notwithstanding any provision of this title, the sponsor of any airport may submit a project-grant application for airport development (including noise compatibility projects) to the Secretary within 180 days after the date of enactment of this title, and the Secretary may incur obligations to fund such projects, in accordance with the provisions of this title, from funds available for obligation pursuant to section 507(a), if— (A) a project-grant application or preapplication for such project was submitted to the Secretary before September 30, 1980; or (B) the project was carried out after September 30, 1980, and before the date of enactment of this title. (b) APPROVAL.—(1) No project grant application may be approved by the Secretary unless the Secretary is satisfied that— (A) the project is reasonably consistent with plans (existing at the time of approval of the project) of public agencies authorized by the State in which such airport is located to plan for the development of the area surrounding the airport and will contribute to the accomplishment of the purposes of this title; (B) sufficient funds are available for that portion of the project costs which are not to be paid by the United States under this title; (C) the project will be completed without undue delay; (D) the sponsor which submitted the project grant application has legal authority to engage in the project as proposed; and (E) all project sponsorship requirements prescribed by or under the authority of this title have been or will be met. (2) No project grant application for airport development may be approved by the Secretary unless the sponsor, a public agency, or the United States or an agency thereof holds good title, satisfactory to the Secretary, to the landing area of the airport or site therefor, or gives assurance satisfactory to the Secretary that good title will be acquired. (3) No project grant application for airport development may be approved by the Secretary which does not include provision for (A) land required for the installation of approach light systems; (B) touchdown zone and centerline runway lighting; or (C) high intensity runway lighting, when it is determined by the Secretary that any such item is required for the safe and efficient use of the airport by aircraft, taking into account the type and volume of traffic utilizing the airport. (4) No project grant application for airport development may be approved unless the Secretary is satisfied that fair consideration has

96 STAT. 683

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PUBLIC LAW 97-248—SEPT. 3, 1982 been given to the interest of communities in or near which the project may be located. (5) It is declared to be national policy that airport development projects authorized pursuant to this title shall provide for the protection and enhancement of the natural resources and the quality of the environment of the Nation. In implementing this policy, the Secretary shall consult with the Secretary of the Interior and the Administrator of the Environmental Protection Agency with regard to any project included in a project grant application involving airport location, a major runway extension, or runway location which may have a significant impact on natural resources including, but not limited to, fish and wildlife, natural, scenic, and recreation assets, water and air quality, and other factors affecting the environment, and shall authorize no such project found to have significant adverse effect unless the Secretary shall render a finding, in writing, following a full and complete review, which shall be a matter of public record, that no feasible and prudent alternative exists and that all reasonable steps have been taken to minimize such adverse effect. (6)(A) No project grant application for airport development involving the location of an airport, an airport runway, or a major runway extension may be approved by the Secretary unless the sponsor of the project certifies to the Secretary that there has been afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with the goals and objectives of such planning as has been carried out by the community. (B) When hearings are held under subparagraph (A) of this paragraph, the project sponsor shall, when requested by the Secretary, submit a copy of the transcript to the Secretary. (7)(A) No project grant application for a project involving airport location, a major runway extension, or runway location may be approved unless the Governor of the State in which such project is to be located certifies in writing to the Secretary that there is reasonable assurance that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. (B) The Secretary shall condition approval of any such project grant application on compliance during construction and operation with applicable air and water quality standards. (8) Notwithstanding any other provision of law, the Secretary may approve an application for an airport development project (other than an airport development project to which paragraph (7)(A) applies) at an existing airport without requiring the preparation of an environmental impact statement with respect to noise for such project if— (A) completion of the project would allow existing aircraft operations at the airport that involve aircraft that do not comply with the noise standards prescribed for "stage 2" aircraft in section 36.1 of title 14, Code of Federal Regulations, to

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96 STAT. 685

be replaced by aircraft operations involving aircraft that do comply with such standard s; and (B) the project complies with all other s t a t u to r y and administrative requirements imposed under this title. (9) In establishing priorities for the distribution of funds available pursuant to section 507 of this title, the Secretary may give priority to approval of projects that a r e consistent with integrated airport system plans. (c) STATE S T A N D A R D S. — The Secretary

is a u t h o r i z e d

to

approve

standard s, other than standard s for safety of approaches, established by a State for airport development a t public-use airports in such State which a r e not p r i m a r y airports, and, upon such approval, such State standard s shall be the standard s applicable to such airports in lieu of any comparable standard established under subsection (a) of this section. State standard s approved under this subsection may be revised from t i m e to time, as the State or the Secretary determine s necessary, subject to approval of such revisions by the Secretary. (d) ACCEPTANCE OF C E R T I F I C A T I O N. — The Secretary is a u t h o r i z e d in

connection with any project to require a certification from a sponsor that such sponsor will comply with all of the s t a t u to r y and administrative requirements imposed on such sponsor under this title in connection with such project. Acceptance by the Secretary of a certification from a sponsor may be rescinded by the Secretary a t any time. Nothing in this subsection shall affect or discharge any responsibility or obligation of the Secretary under any other Federal law, including, b u t not limited to, the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), section 4(0 of the Department of Transportation Act (49 U.S.C. 1652), title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000b), title VIII of the Act of April 11, 1968 (42 U.S.C. 3601 et seq.), and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. 4601 et seq.). (e) REQUIREMENT OF N O T I C E. — E a c h sponsor to which funds

49 USC 1653. 42 USC 2000d.

are

apportioned under section 507(a)(1) of this title shall notify the Secretary, by such t i m e and in a form containing such information as the Secretary may prescribe, of the fiscal year in which it intends to apply, by project g r a n t application, for such funds. If a sponsor does not provide such notification, the Secretary may defer approval of any application for such funds until the fiscal year immediately following the fiscal year in which such application is submitted. SEC. 510. UNITED STATES SHARE OF PROJECT COSTS. (a) GENERAL P R O VI S I O N. — E x c e p t as other w i s e provided

49 USC 2209. in

this

title, the United States s h a r e of allowable project costs payable on account of any project contained in a n approved project g r a n t application submitted in accordance with this title shall be 90 percent of the allowable project costs. (b) P R O J E C T S AT CERTAIN P R I M A R Y A I R P O R T S. — I n the case of pri-

m a r y a i r p o r t s e n p l a n i n g 0.25 percent or more of the total n u m b e r of passengers enplaned annual l y a t all commercial service airports, the United States s h a r e of allowable project costs payable on account of any project contained in a n approved project g r a n t application shall be 75 p e r c e n t u m of the allowable project costs. (c) P R O J E C T S I N P U B L I C L A N D STATES. — I n the case of any

State

containing u n a p p r o p r i a t e d and unreserved public lands and nontaxable Indian lands (individual and tribal) exceeding 5 percent of the

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PUBLIC LAW 97-248—SEPT. 3, 1982

Post, p. 695.

total area of all lands therein, the United States share under subsection (a) or (b) shall be increased by whichever is the smaller of the following percentages thereof: (1) 25 percent, or (2) a percentage equal to one-half of the percentage that the area of all such lands in that State is of its total area. In no event shall such United States share, as increased by this subsection, exceed the greater of (A) the percentage share determined under subsection (a) or (b) of this section, or (B) the percentage share applying on June 30, 1975, as determined under subsection 1703) of the Airport and Airway Development Act of 1970.

49 USC 2210.

SEC. 511. PROJECT SPONSORSHIP.

(a) SPONSORSHIP.—As a condition precedent to approval of an airport development project contained in a project grant application submitted under this title, the Secretary shall receive assurances, in writing, satisfactory to the Secretary, that— (1) the airport to which the project relates will be available for public use on fair and reasonable terms and without unjust discrimination, including the requirement that (A) each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rates, fees, rentals, and other charges and such nondiscriminatory and substantially comparable rules, regulations, and conditions as are applicable to all such air carriers which make similar use of such airport and which utilize similar facilities, subject to reasonable classifications such as tenants or nontenants, and combined passenger and cargo flights or all cargo flights, and such classification or status as tenant shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on tenant air carriers, and (B) each fixed-based operator at any airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed-based operators making the same or similar uses of such airport utilizing the same or similar facilities, and (C) each air carrier using such airport shall have the right to service itself or to use any fixed-base operator that is authorized by the airport or permitted by the airport to serve any air carrier at such airport; (2) there will be no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of services at an airport by a single fixed-based operator shall not be construed as an exclusive right if it would be unreasonably costly, burdensome, or impractical for more than one fixed-based operator to provide such services, and if allowing more than one fixed-based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed-based operator and such airport; (3) the airport and all facilities thereon or connected therewith will be suitably operated and maintained, with due regard to climatic and flood conditions; (4) the aerial approaches to the airport will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards

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and by preventing the establishment or creation of future airport hazards; (5) appropriate action, including the adoption of zoning laws has been or will be taken, to the extent reasonable, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft; (6) all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft will be available to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, of the cost of operating and maintaining the facilities used; (7) the airport operator or owner will furnish without cost to the Federal Government for use in connection with any air traffic control or navigation activities, or weather-reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction at Federal expense of space or facilities for such purposes; (8) all project accounts and records will be kept in accordance with a standard system of accounting prescribed by the Secretary after consultation with appropriate public agencies; (9) the airport operator or owner will maintain a fee and rental structure for the facilities and services being provided the airport users which will make the airport as self-sustaining as possible under the circumstances existing at that particular airport, taking into account such factors as the volume of traffic and economy of collection, except that no part of the Federal share of an airport development or airport planning project for which a grant is made under this title or under the Federal Airport Act or the Airport and Airway Development Act of 1970 49 USC 1101 shall be included in the rate base in establishing fees, rates, and "ote, posf, p. 695. charges for users of that airport; (10) the airport operator or owner will submit to the Secretary such annual or special airport financial and operations reports as the Secretary may reasonably request; (11) the airport and all airport records will be available for inspection by any duly authorized agent of the Secretary upon reasonable request; (12) all revenues generated by the airport, if it is a public airport, 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 related to the actual transportation of passengers or property: Provided, however, That if covenants or assurances in debt obligations previously issued by the owner or operator of the airport, or provisions in 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 shall not apply; and

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 96 STAT. 688

PUBLIC LAW 97-248—SEPT. 3, 1982

(13) the airport operator or owner who receives a grant for the purchase of land for noise compatibility purposes which is conditioned on the disposal of the acquired land at the earliest practicable time will, subject to the retention or reservation of any interest or right therein necessary to insure that such land is used only for purposes which are compatible with the noise levels of the operation of the airport, use its best efforts to so dispose of such land. The proceeds of such dispositions shall be (A) refunded to the United States for the Trust Fund on a basis proportionate to the United States share of the cost of acquisition of such land, or (B) reinvested in an approved project, pursuant to such regulations as the Secretary shall prescribe. (b) COMPLIANCE.—To insure compliance with this section, the Secretary shall prescribe such project sponsorship requirements, consistent with the terms of this title, as the Secretary considers necessary. Among other steps to insure such compliance, the Secretary is authorized to enter into contracts with public agencies on behalf of the United States. Whenever the Secretary obtains from a sponsor any area of land or water, or estate therein, or rights in buildings of the sponsor and constructs space or facilities thereon at Federal expense, the Secretary is authorized to relieve the sponsor from any contractual obligation entered into under this title, the 49 USC 1101 Airport and Airway Development Act of 1970, or the Federal Airnote, posf, p. 695. port Act to provide free space in airport buildings to the Federal Government to the extent the Secretary finds that space no longer required for the purposes set forth in paragraph (7) of subsection (a) of this section. (c) CONSULTATION.—In making a decision to undertake any airport development project under this title, each sponsor of an airport shall undertake reasonable consultations with affected parties using the airport at which such project is proposed. 49 USC 2211.

SEC. 512. GRANT AGREEMENTS. (a) OFFER AND ACCEPTANCE.—Upon approving a project grant

application, the Secretary, on behalf of the United States, shall transmit to the sponsor or sponsors of the application an offer to make a grant for the United States share of allowable project costs. An offer shall be made upon such terms and conditions as the Secretary considers necessary to meet the requirements of this title and any regulations prescribed thereunder. Each offer shall state a definite amount as the maximum obligation of the United States payable from funds authorized by this title, and shall stipulate the obligations to be assumed by the sponsor or sponsors. In any case where the Secretary approves a project grant application for a project which will not be completed in one fiscal year, the offer shall, upon request of the sponsor, provide for the obligation of funds apportioned or to be apportioned to the sponsor pursuant to section 507(3)(1) of this title for such fiscal years (including future fiscal years) as may be necessary to pay the United States share of the cost of such project. If and when an offer is accepted in writing by the sponsor, the offer and acceptance shall comprise an agreement constituting an obligation of the United States and of the sponsor. Unless and until an agreement has been executed, the United States may not pay, nor be obligated to pay, any portion of the costs which have been or may be incurred. (b) MAXIMUM OBLIGATION OF THE UNITED STATES.—When an offer is accepted in writing by a sponsor, the amount stated in the offer as

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the maximum obligation of the United States may not be increased, except that— (1) in the case of any project for airport development (other than a project for land acquisition), the maximum obligation of the United States may be increased by not more than 10 percent; and (2) in the case of any acquisition of land or interests in land, the maximum obligation of the United States may be increased by an amount not to exceed 50 percent of the total increase in allowable project costs attributable to such acquisition in land or interests therein, based upon current credible appraisals. (c) Notwithstanding any other provision of law, in the case of grants made under the Airport and Airway Development Act of 1970 the maximum obligation of the United States may be increased Post, p. 695. by not more than 10 percent, and any such increase may be paid for only from funds recovered by the United States from other grants made under that Act. SEC. 513. PROJECT COSTS.

(a) ALLOWABLE PROJECT COSTS.—Except as provided in section 514 of this title, the United States may not pay, or be obligated to pay, from amounts appropriated to carry out the provisions of this title, any portion of a project cost incurred in carrying out a project for airport development or airport planning unless the Secretary has first determined that the cost is allowable. A project cost is allowable if— (1) it was a necessary cost incurred in accomplishing an approved project in conformity with the terms and conditions of the grant agreement entered into in connection with the project, including any costs incurred by a recipient in connection with any audit required by the Secretary pursuant to section 518(b) of this title; (2) it was incurred subsequent to the execution of the grant agreement with respect to the project, and in connection with airport development or airport planning accomplished under the project after the execution of the agreement. However, the allowable costs of a project for airport development may include any necessary costs of formulating the project (including the costs of field surveys and the preparation of plans and specifications, the acquisition of land or interests therein or easements through or other interests in airspace, and any necessary administrative or other incidental costs incurred by the sponsor specifically in connection with the accomplishment of the project for airport development, which would not have been incurred otherwise) which were incurred prior to the execution of the grant agreement and subsequent to May 13, 1946, and the allowable costs of a project for airport planning may include any necessary and direct costs associated with developing the project work scope which were incurred subsequent to May 13, 1946; (3) in the opinion of the Secretary it is reasonable in amount, and if the Secretary determines that a project cost is unreasonable in amount, the Secretary may allow as an allowable project cost only so much of such project cost as the Secretary determines to be reasonable, except that in no event may the Secretary allow project costs in excess of the definite amount stated

49 USC 2212.

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 96 STAT. 690

49 USC 1432.

Post, p. 695. Post, p. 695.

PUBLIC LAW 97-248—SEPT. 3, 1982 in the grant agreement except to the extent authorized by section 512(b); and (4) it has not been incurred in any project for airport planning or airport development for which Federal assistance has been granted. The Secretary is authorized to prescribe such regulations, including regulations with respect to the auditing of project costs, as the Secretary considers necessary to accomplish the purposes of this section. (b) TERMINAL DEVELOPMENT.—(1) Notwithstanding any other provision of this title, upon certification by the sponsor of any commercial service airport that such airport has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 612 of the Federal Aviation Act of 1958 and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning or deplaning from aircraft other than air carrier aircraft, the Secretary may approve, as allowable project costs of a project for airport development at such airport, terminal development (including multimodal terminal development) in nonrevenue-producing public-use areas if such project cost is directly related to the movement of passengers and baggage in air commerce within the boundaries of the airport, including, but not limited to, vehicles for the movement of passengers between terminal facilities or between terminal facilities and aircraft. (2) Not more than the greater of (A) $200,000, or (B) 60 percent of the sums apportioned under section 507(a)(1) of this title to the sponsor of a primary airport for any fiscal year may be obligated for project costs allowable under paragraph (1) of this subsection. Not more than $200,000 of the sums to be distributed at the discretion of the Secretary under section 507(a)(3) for any fiscal year may be used by the sponsor of a commercial service airport which is not a primary airport for project costs allowable under paragraph (1) of this subsection. (3) Not more than $25,000,000 may be obligated for project costs allowable under paragraph (1) of this subsection in any fiscal year at commercial service airports which were not eligible for assistance for terminal development during the fiscal year ending September 30, 1980, under section 20(b) of the Airport and Airway Development Act of 1970. (4) Sums apportioned under section 507(a) and made available to the sponsor of an air carrier airport (within the meaning of section 11(1) of the Airport and Airway Development Act of 1970, as in effect immediately before the date of enactment of this paragraph) at which terminal development was carried out on or after July 1, 1970, and before July 12, 1976, shall be available, subject to the limitations contained in paragraph (2) of this subsection, for the immediate retirement of the principal of bonds or other evidences of indebtedness the proceeds of which were used for that part of the terminal development at such airport the cost of which would be allowable under paragraph (1) of this subsection if incurred after the effective date of this paragraph, subject to the following conditions: (A) That such sponsor submit the certification required under paragraph (1) of this subsection.

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(B) That the Secretary determine that no project for airport development at such airport outside the terminal area will be deferred if such sums are used for such retirement. (C) That no funds available for airport development under this title will be obligated for any project for additional terminal development at such airport for a period of three years beginning on the date any such sums are used for such retirement. (5) Notwithstanding any other provisions of this title, the United States share of project costs allowable under paragraph (1) of this subsection shall not exceed 50 percent. (6) The Secretary shall approve project costs allowable under paragraph (1) of this subsection under such terms and conditions as may be necessary to protect the interests of the United States. (c) COSTS NOT ALLOWED.—Except as provided in subsection (b) of

this section, the following are not allowable project costs: (1) the cost of construction of that part of an airport development project intended for use as a public parking facility for passenger automobiles; or (2) the cost of construction, alteration, or repair of a hangar or of any part of an airport building except such of those buildings or parts of buildings intended to house facilities or activities directly related to the safety of persons at the airport. SP:C. 514. PAYMENTS UNDER GRANT AGREEMENTS.

49 USC 2213.

The Secretary, after consultation with the sponsor with which a project grant agreement has been entered into, may determine the times and amounts in which payments shall be made under the terms of such agreement. Payments in an aggregate amount not to exceed 90 percent of the United States share of the total estimated allowable project costs may be made from time to time in advance of accomplishment of the airport project to which the payments relate, if the sponsor certifies to the Secretary that the aggregate expenditures to be made from the advance payments will not at any time exceed the cost of the airport development work which has been performed up to that time. If the Secretary determines that the aggregate amount of payments made under a project grant agreement at any tim.e exceeds the United States share of the total allowable project costs, the United States shall be entitled to recover the excess. If the Secretary finds that any airport development to which the advance payments relate has not been accomplished within a reasonable time or the project is not completed, the United States may recover any part of the advance payment for which the United States received no benefit. Payments under a project grant agreement shall be made to the official or depository authorized by law to receive public funds and designated by the sponsor. SEC. 515. PERFORMANCE OF CONSTRUCTION WORK.

(a) REGULATIONS.—The construction work on any project for airport development contained in an approved project grant application submitted in accordance with this title shall be subject to inspection and approval by the Secretary and shall be in accordance with regulations prescribed by the Secretary. Such regulations shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. No such regulation shall have the effect of altering any contract in connection with any project entered into without actual notice of the regulation.

49 USC 2214.

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 96 STAT. 692

PUBLIC LAW 97-248—SEPT. 3, 1982 (b) MINIMUM RATES OF W A G E S. — A l l contracts in excess of $2,000

for work on projects for airport development approved under this title which involve labor shall contain provisions establishing minimum rates of wages, to be p r e determined by the Secretary of Labor, in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5), which contractors shall pay to skilled and unskilled labor, and such minimum r a t e s shall be stated in the invitation for bids and shall be included in proposals or bids for the work. (c) VETERANS PREFERENCE.—All contracts for work under project g r a n t s for a i r p o r t development approved under this title which involve labor shall contain such provisions as a r e necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to veterans of the V i e t n a m e r a and disabled veterans. However, this preference shall apply only w h e r e the individuals a r e available and qualified to perform the work to which the employment relates. For the purposes of this subsection— (1) a V i e t n a m - e r a v e t e r a n is a n individual who served on active duty as defined by section 101(21) of title 38 of the United States Code in the A r m e d Forces for a period of more than 180 consecutive days any part of which occurred during the period beginning August 5, 1964, and ending May 7, 1975, and who was separated from the Armed Forces under honorable conditions; and (2) a disabled veteran is a n individual described in section 2108(2) of title 5 of the United States Code. 49 USC 2215.

SKC. 516. VShl OF (JOVERNMKNT-OWNEI) LANDS. (a) REQUESTS FOR U S E. — S u b j e c t to the provisions of subsection (c)

of this section, w h e n e v e r the Secretary determine s that use of any lands owned or controlled by the United States is reasonably necessary for carrying out a project under this title a t a public airport, or for the operation of any public airport, including lands reasonably necessary to meet future development of a n airport in accordance with the national plan of integrated airport systems, the Secretary shall file with the head of the d e part m e n t or agency having control of the lands a request that the necessary property interests therein be conveyed to the public agency sponsoring the project in question or owning or controlling the airport. The property interest may consist of the title to, or any other interest in, land or any easement through or other interest in airspace. (b) M A K I N G OF CONVEYANCES.—Upon receipt of a request from the

Secretary under this section, the head of the d e part m e n t or agency having control of the lands in question shall determine w h e the r the requested conveyance is inconsistent with the needs of the departm e n t or agency, and shall notify the Secretary of the determination within a period of four months after receipt of the Secretary's request. If the d e part m e n t or agency head determine s that the requested conveyance is not inconsistent with the needs of that d e part m e n t or agency, the d e part m e n t or agency head is hereby authorized and directed, with the approval of the Attorney General of the United States, and without any expense to the United States, to perform any acts and to execute any i n s t r u m e n t s necessary to m a k e the conveyance requested. A conveyance may be m a d e only on the condition that, at the option of the Secretary, the property interest conveyed shall revert to the United States in the event that the lands in question a r e not developed for airport purposes or used

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96 STAT. 693

in a manner consistent with the terms of the conveyance. If only a part of the property interest conveyed is not developed for airport purposes, or used in a manner consistent with the terms of the conveyance, only that particular part shall, at the option of the Secretary, revert to the United States. (c) EXEMPTION OF CERTAIN LANDS.—Unless otherwise specifically provided by law, the provisions of subsections (a) and (b) of this section shall not apply with respect to lands owned or controlled by the United States within any national park, national monument, national recreation area, or similar area under the administration of the National Park Service; within any unit of the National Wildlife Refuge System or similar area under the jurisdiction of the United States Fish and Wildlife Service; or within any national forest or Indian reservation. SEC. 517. FALSE STATEMENTS.

49 USC 2216.

Any officer, agent, or employee of the United States, or any officer, agent, or employee of any public agency, or any person, association, firm, or corporation who, with intent to defraud the United States— (1) knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the costs thereof, in connection with the submission of plans, maps, specifications, contracts, or estimates of project costs for any project submitted to the Secretary for approval under this title; (2) knowingly makes any false statement, false representation, or false report or claim for work or materials for any project approved by the Secretary under this title; or (3) knowingly makes any false statement or false representation in any report or certification required to be made under this title; shall, upon conviction thereof, be punished by imprisonment for not to exceed five years or by a fine of not to exceed $10,000, or by both. SEC. 518. ACCESS TO RECORDS.

49 USC 2217.

(a) RECORDKEEPING REQUIREMENTS.—Each recipient of a grant under this title shall keep such records as the Secretary may prescribe, including records which fully disclose the amount and the disposition by the recipient of the proceeds of the grant, the total cost of the plan or program in connection with which the grant is given or used, and the amount and nature of that portion of the cost of the plan or program supplied by other sources, and such other records as will facilitate an effective audit. The Secretary shall Review, annually review the reporting and recordkeeping requirements under this title to insure that such requirements are kept to the minimum level necessary for the proper administration of this title. (b) AUDIT AND EXAMINATION.—The Secretary and the Comptroller

General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient that are pertinent to grants received under this title. The Secretary may require, as a condition to receipt of a grant under this title, that an appropriate audit be conducted by a recipient. (c) AUDIT REPORTS.—In any case in which an independent audit is made of the accounts of a recipient of a grant under this title

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