[Laws in effect as of January 16, 1996]
[Document affected by Public Law 104-264 Section 141]
[Document affected by Public Law 104-264 Section 1203]
[Document affected by Public Law 104-264 Section 148]
[Document affected by Public Law 104-264 Section 142(c)]
[Document affected by Public Law 104-264 Section 147(c)(2)]
[Document affected by Public Law 104-264 Section 149(a)(2)]
[Document affected by Public Law 104-264 Section 804(c)]
[CITE: 49USC47101]

 
                        TITLE 49--TRANSPORTATION

 
                     SUBTITLE VII--AVIATION PROGRAMS

 
                  PART B--AIRPORT DEVELOPMENT AND NOISE

 
                    CHAPTER 471--AIRPORT DEVELOPMENT

 
                    SUBCHAPTER I--AIRPORT IMPROVEMENT

 
Sec. 47101. Policies



    (a) General.--It is the policy of the United States--

        (1) that the safe operation of the airport and airway system is 

    the highest aviation priority;

        (2) that aviation facilities be constructed and operated to 

    minimize current and projected noise impact on nearby communities;

        (3) to give special emphasis to developing reliever airports;

        (4) that appropriate provisions should be made to make the 

    development and enhancement of cargo hub airports easier;

        (5) to encourage the development of transportation systems that 

    use various modes of transportation in a way that will serve the 

    States and local communities efficiently and effectively;

        (6) that airport development projects under this subchapter 

    provide for the protection and enhancement of natural resources and 

    the quality of the environment of the United States;

        (7) that airport construction and improvement projects that 

    increase the capacity of facilities to accommodate passenger and 

    cargo traffic be undertaken to the maximum feasible extent so that 

    safety and efficiency increase and delays decrease;

        (8) to ensure that nonaviation usage of the navigable airspace 

    be accommodated but not allowed to decrease the safety and capacity 

    of the airspace and airport system;

        (9) that artificial restrictions on airport capacity--

            (A) are not in the public interest;

            (B) should be imposed to alleviate air traffic delays only 

        after other reasonably available and less burdensome 

        alternatives have been tried; and

            (C) should not discriminate unjustly between categories and 

        classes of aircraft;



        (10) that special emphasis should be placed on converting 

    appropriate former military air bases to civil use and identifying 

    and improving additional joint-use facilities;

        (11) that the airport improvement program should be administered 

    to encourage projects that employ innovative technology, concepts, 

    and approaches that will promote safety, capacity, and efficiency 

    improvements in the construction of airports and in the air 

    transportation system (including the development and use of 

    innovative concrete and other materials in the construction of 

    airport facilities to minimize initial laydown costs, minimize time 

    out of service, and maximize lifecycle durability) and to encourage 

    and solicit innovative technology proposals and activities in the 

    expenditure of funding pursuant to this subchapter;

        (12) that airport fees, rates, and charges must be reasonable 

    and may only be used for purposes not prohibited by this subchapter; 

    and

        (13) that airports should be as self-sustaining as possible 

    under the circumstances existing at each particular airport and in 

    establishing new fees, rates, and charges, and generating revenues 

    from all sources, airport owners and operators should not seek to 

    create revenue surpluses that exceed the amounts to be used for 

    airport system purposes and for other purposes for which airport 

    revenues may be spent under section 47107(b)(1) of this title, 

    including reasonable reserves and other funds to facilitate 

    financing and cover contingencies.



    (b) National Transportation Policy.--(1) It is a goal of the United 

States to develop a national intermodal transportation system that 

transports passengers and property in an efficient manner. The future 

economic direction of the United States depends on its ability to 

confront directly the enormous challenges of the global economy, 

declining productivity growth, energy vulnerability, air pollution, and 

the need to rebuild the infrastructure of the United States.

    (2) United States leadership in the world economy, the expanding 

wealth of the United States, the competitiveness of the industry of the 

United States, the standard of living, and the quality of life are at 

stake.

    (3) A national intermodal transportation system is a coordinated, 

flexible network of diverse but complementary forms of transportation 

that transports passengers and property in the most efficient manner. By 

reducing transportation costs, these intermodal systems will enhance the 

ability of the industry of the United States to compete in the global 

marketplace.

    (4) All forms of transportation, including aviation and other 

transportation systems of the future, will be full partners in the 

effort to reduce energy consumption and air pollution while promoting 

economic development.

    (5) An intermodal transportation system consists of transportation 

hubs that connect different forms of appropriate transportation and 

provides users with the most efficient means of transportation and with 

access to commercial centers, business locations, population centers, 

and the vast rural areas of the United States, as well as providing 

links to other forms of transportation and to intercity connections.

    (6) Intermodality and flexibility are paramount issues in the 

process of developing an integrated system that will obtain the optimum 

yield of United States resources.

    (7) The United States transportation infrastructure must be reshaped 

to provide the economic underpinnings for the United States to compete 

in the 21st century global economy. The United States can no longer rely 

on the sheer size of its economy to dominate international economic 

rivals and must recognize fully that its economy is no longer a separate 

entity but is part of the global marketplace. The future economic 

prosperity of the United States depends on its ability to compete in an 

international marketplace that is teeming with competitors but in which 

a full one-quarter of the economic activity of the United States takes 

place.

    (8) The United States must make a national commitment to rebuild its 

infrastructure through development of a national intermodal 

transportation system. The United States must provide the foundation for 

its industries to improve productivity and their ability to compete in 

the global economy with a system that will transport passengers and 

property in an efficient manner.

    (c) Capacity Expansion and Noise Abatement.--It is in the public 

interest to recognize the effects of airport capacity expansion projects 

on aircraft noise. Efforts to increase capacity through any means can 

have an impact on surrounding communities. Noncompatible land uses 

around airports must be reduced and efforts to mitigate noise must be 

given a high priority.

    (d) Consistency With Air Commerce and Safety Policies.--Each airport 

and airway program should be carried out consistently with section 

40101(a), (b), (d), and (f) of this title to foster competition, prevent 

unfair methods of competition in air transportation, maintain essential 

air transportation, and prevent unjust and discriminatory practices, 

including as the practices may be applied between categories and classes 

of aircraft.

    (e) Adequacy of Navigation Aids and Airport Facilities.--This 

subchapter should be carried out to provide adequate navigation aids and 

airport facilities for places at which scheduled commercial air service 

is provided. The facilities provided may include--

        (1) reliever airports; and

        (2) heliports designated by the Secretary of Transportation to 

    relieve congestion at commercial service airports by diverting 

    aircraft passengers from fixed-wing aircraft to helicopter carriers.



    (f) Maximum Use of Safety Facilities.--This subchapter should be 

carried out consistently with a comprehensive airspace system plan, 

giving highest priority to commercial service airports, to maximize the 

use of safety facilities, including installing, operating, and 

maintaining, to the extent possible with available money and considering 

other safety needs--

        (1) electronic or visual vertical guidance on each runway;

        (2) grooving or friction treatment of each primary and secondary 

    runway;

        (3) distance-to-go signs for each primary and secondary runway;

        (4) a precision approach system, a vertical visual guidance 

    system, and a full approach light system for each primary runway;

        (5) a nonprecision instrument approach for each secondary 

    runway;

        (6) runway end identifier lights on each runway that does not 

    have an approach light system;

        (7) a surface movement radar system at each category III 

    airport;

        (8) a taxiway lighting and sign system;

        (9) runway edge lighting and marking; and

        (10) radar approach coverage for each airport terminal area.



    (g) Cooperation.--To carry out the policy of subsection (a)(5) of 

this section, the Secretary of Transportation shall cooperate with State 

and local officials in developing airport plans and programs that are 

based on overall transportation needs. The airport plans and programs 

shall be developed in coordination with other transportation planning 

and considering comprehensive long-range land-use plans and overall 

social, economic, environmental, system performance, and energy 

conservation objectives. The process of developing airport plans and 

programs shall be continuing, cooperative, and comprehensive to the 

degree appropriate to the complexity of the transportation problems.

    (h) Consultation.--To carry out the policy of subsection (a)(6) of 

this section, the Secretary of Transportation shall consult with the 

Secretary of the Interior and the Administrator of the Environmental 

Protection Agency about any project included in a project grant 

application involving the location of an airport or runway, or a major 

runway extension, that may have a significant effect on--

        (1) natural resources, including fish and wildlife;

        (2) natural, scenic, and recreation assets;

        (3) water and air quality; or

        (4) another factor affecting the environment.



(Pub. L. 103-272, Sec. 1(e), July 5, 1994, 108 Stat. 1246; Pub. L. 103-

305, title I, Secs. 104, 110, Aug. 23, 1994, 108 Stat. 1571, 1573; Pub. 

L. 103-429, Sec. 6(62), Oct. 31, 1994, 108 Stat. 4385.)



                                          Historical and Revision Notes                                         

                                                 Pub. L. 103-272                                                

----------------------------------------------------------------------------------------------------------------

            Revised Section                    Source (U.S. Code)               Source (Statutes at Large)      

----------------------------------------------------------------------------------------------------------------

47101(a)(1)...........................  49 App.:2201(a)(1), (2).         Sept. 3, 1982, Pub. L. 97-248, Secs.   

                                                                          502(a)(1)-(3), (6), (b), 509(b)(5)    

                                                                          (1st sentence, last sentence words    

                                                                          before 11th comma), 96 Stat. 671, 672,

                                                                          684.                                  

                                        49 App.:2201(a)(9).              Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          502(a)(9), 96 Stat. 672; Dec. 30,     

                                                                          1987, Pub. L. 100-223, Sec.           

                                                                          102(b)(1), (c)(1), 101 Stat. 1487.    

                                        49 App.:2201(a)(10).             Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          502(a)(10), 96 Stat. 672; Dec. 30,    

                                                                          1987, Pub. L. 100-223, Sec.           

                                                                          102(b)(1), (c)(2), 101 Stat. 1487.    

47101(a)(2)...........................  49 App.:2201(a)(8).              Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          502(a)(8), 96 Stat. 672; Dec. 30,     

                                                                          1987, Pub. L. 100-223, Sec.           

                                                                          102(b)(1), 101 Stat. 1487.            

47101(a)(3)...........................  49 App.:2201(a)(6).                                                     

47101(a)(4)...........................  49 App.:2201(a)(7).              Sept. 3, 1982, Pub. L. 97-248, 96 Stat.

                                                                          324, Sec.  502(a)(7); added Dec. 30,  

                                                                          1987, Pub. L. 100-223, Sec.           

                                                                          102(b)(2), 101 Stat. 1487.            

47101(a)(5)...........................  49 App.:2201(b) (1st sentence).                                         

47101(a)(6)...........................  49 App.:2208(b)(5) (1st                                                 

                                         sentence).                                                             

47101(a)(7)...........................  49 App.:2201(a)(11).             Sept. 3, 1982, Pub. L. 97-248, 96 Stat.

                                                                          324, Sec.  502(a)(11); added Dec. 30, 

                                                                          1987, Pub. L. 100-223, Sec.           

                                                                          102(c)(3), 101 Stat. 1488.            

47101(a)(8)...........................  49 App.:2201(a)(12).             Sept. 3, 1982, Pub. L. 97-248, 96 Stat.

                                                                          324, Sec.  502(a)(12); added Dec. 30, 

                                                                          1987, Pub. L. 100-223, Sec.           

                                                                          102(c)(3), 101 Stat. 1488; Nov. 5,    

                                                                          1990, Pub. L. 101-508, Sec.           

                                                                          9109(a)(1), 104 Stat. 1388-356.       

47101(a)(9)...........................  49 App.:2201(a)(13).             Sept. 3, 1982, Pub. L. 97-248, 96 Stat.

                                                                          324, Sec.  502(a)(13); added Dec. 30, 

                                                                          1987, Pub. L. 100-223, Sec.           

                                                                          102(c)(3), 101 Stat. 1488; Nov. 5,    

                                                                          1990, Pub. L. 101-508, Secs.  9103(2),

                                                                          9109(a)(2), 104 Stat. 1388-354, 1388- 

                                                                          356.                                  

47101(a)(10)..........................  49 App.:2201(a)(14).             Sept. 3, 1982, Pub. L. 97-248, 96 Stat.

                                                                          324, Sec.  502(a)(14); added Nov. 5,  

                                                                          1990, Pub. L. 101-508, Sec.           

                                                                          9109(a)(3), 104 Stat. 1388-356.       

47101(b)..............................  49 App.:2201(c).                 Sept. 3, 1982, Pub. L. 97-248, 96 Stat.

                                                                          324, Sec.  502(c), (d); added Oct. 31,

                                                                          1992, Pub. L. 102-581, Sec.  101, 106 

                                                                          Stat. 4875.                           

47101(c)..............................  49 App.:2201(d).                                                        

47101(d)..............................  49 App.:2201(a)(5).              Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          502(a)(5), 96 Stat. 671; Nov. 5, 1990,

                                                                          Pub. L. 101-508, Sec.  9103(1), 104   

                                                                          Stat. 1388-354.                       

47101(e)..............................  49 App.:2201(a)(3).                                                     

                                        49 App.:2202(a)(20).             Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          503(a)(20), 96 Stat. 674; Dec. 30,    

                                                                          1987, Pub. L. 100-223, Sec.           

                                                                          103(c)(1), 101 Stat. 1488.            

47101(f)..............................  49 App.:2201(a)(4).              Sept. 3, 1982, Pub. L. 97-248, Sec.    

                                                                          502(a)(4), 96 Stat. 671; Dec. 30,     

                                                                          1987, Pub. L. 100-223, Sec.  102(a),  

                                                                          101 Stat. 1487.                       

47101(g)..............................  49 App.:2201(b) (2d, last                                               

                                         sentences).                                                            

47101(h)..............................  49 App.:2208(b)(5) (last                                                

                                         sentence words before 11th                                             

                                         comma).                                                                

----------------------------------------------------------------------------------------------------------------



    In subsection (a), before clause (1), the text of 49 

App.:2201(a)(2), (9), and (10) is omitted as executed. The words ``It is 

the policy of the United States'' are substituted for ``The Congress 

hereby . . . declares'' in 49 App.:2201(a) (words before cl. (1)), ``it 

is in the national interest'' in 49 App.:2201(a)(12), ``are not in the 

public interest and'' in 49 App.:2201(a)(13), ``It is declared to be in 

the national interest to'' in 49 App.:2201(b), and ``It is declared to 

be national policy that'' in 49 App.:2208(b)(5) for consistency in the 

revised title and with other titles of the United States Code. In clause 

(1), the word ``is'' is substituted for ``will continue to be'' to 

eliminate unnecessary words. In clause (2), the words ``with due 

regard'' are omitted as surplus. In clause (3), the words ``reliever 

airports make an important contribution to the efficient operation of 

the airport and airway system'' are omitted as executed. In clause (4), 

the words ``cargo hub airports play a critical role in the movement of 

commerce through the airport and airway system'' are omitted as 

executed. In clause (5), the words ``and promote'' are omitted as 

surplus.

    In subsection (d), the word ``to'' is substituted for ``with due 

regard for the goals expressed therein of'' to eliminate unnecessary 

words.

    In subsection (e), before clause (1), the words ``The facilities 

provided may include'' are substituted for ``including'' because of the 

restatement. Clause (2) is substituted for ``reliever heliports'' to 

incorporate the definition of that term from 49 App.:2202(a)(19) into 

this subsection.

    In subsection (f), before clause (1), the words ``the goal of'' are 

omitted as surplus.

    In subsection (g), the words ``formulated'' and ``due'' are omitted 

as surplus. The words ``process of developing airport plans and 

programs'' are substituted for ``process'' for clarity.





                             Pub. L. 103-429



    This amends 49:47101(a)(12) to translate a cross-reference to the 

Airport and Airway Improvement Act of 1982 (Public Law 97-248, 96 Stat. 

671) to the corresponding cross-reference of title 49, United States 

Code.





                               Amendments



    1994--Subsec. (a)(11). Pub. L. 103-305, Sec. 104, added par. (11).

    Subsec. (a)(12). Pub. L. 103-429 substituted ``subchapter'' for 

``Act''.

    Pub. L. 103-305, Sec. 110, added par. (12).

    Subsec. (a)(13). Pub. L. 103-305, Sec. 110, added par. (13).





                    Effective Date of 1994 Amendment



    Amendment by Pub. L. 103-429 effective July 5, 1994, see section 9 

of Pub. L. 103-429, set out as a note under section 321 of this title.





                      Study on Innovative Financing



    Section 520 of Pub. L. 103-305 provided that:

    ``(a) Study.--The Secretary shall conduct a study on innovative 

approaches for using Federal funds to finance airport development as a 

means of supplementing financing available under the Airport Improvement 

Program.

    ``(b) Matters To Be Considered.--In conducting the study under 

subsection (a), the Secretary shall consider, at a minimum, the 

following:

        ``(1) Mechanisms that will produce greater investments in 

    airport development per dollar of Federal expenditure.

        ``(2) Approaches that would permit entering into agreements with 

    non-Federal entities, such as airport sponsors, for the loan of 

    Federal funds, guarantee of loan repayment, or purchase of insurance 

    or other forms of enhancement for borrower debt, including the use 

    of unobligated Airport Improvement Program contract authority and 

    unobligated balances in the Airport and Airway Trust Fund.

        ``(3) Means to lower the cost of financing airport development.

    ``(c) Consultation.--In considering innovative financing pursuant to 

this section, the Secretary may consult with airport owners and 

operators and public and private sector experts.

    ``(d) Report to Congress.--Not later than 12 months after the date 

of the enactment of this Act [Aug. 23, 1994], the Secretary shall 

transmit to Congress a report on the results of the study conducted 

under subsection (a).''


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