1
 So in original. Probably means “subparagraph (A)”.
for each of fiscal years 2018 through 2020 an amount based on the number of passenger boardings at the airport during calendar year 2012 if the airport—

Historical and Revision Notes

Pub. L. 103–272

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

47114(a), (b)

49 App.:2206(a) (words before cl. (1)).

Sept. 3, 1982, Pub. L. 97–248, § 507(a)(1), (3), (b)(2), (4)–(5)(C), (E), (6), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, § 426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, § 106(a), 101 Stat. 1494, 1496.

47114(c) (1)(A)

49 App.:2206(a)(1).

49 App.:2206(e)(1).

Sept. 3, 1982, Pub. L. 97–248, § 507(e), (f), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, § 426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, § 106(a), 101 Stat. 1497; Nov. 5, 1990, Pub. L. 101–508, § 9112(b), 104 Stat. 1388–362.

47114(c) (1)(B)

49 App.:2206(b)(1).

Sept. 3, 1982, Pub. L. 97–248, § 507(a)(2), (b)(1), (3), (5)(F), 96 Stat. 679; Jan. 6, 1983, Pub. L. 97–424, § 426(a), (d), 96 Stat. 2167, 2168; restated Dec. 30, 1987, Pub. L. 100–223, § 106(a), 101 Stat. 1494, 1496; Oct. 31, 1992, Pub. L. 102–581, § 106, 106 Stat. 4878.

47114(c)(2)

49 App.:2206(a)(2), (b)(4), (e)(2).

47114(c)(3)

49 App.:2206(b)(2), (3).

47114(d)(1)

49 App.:2206(f).

47114(d)(2)

49 App.:2206(a)(3).

47114(d)(3)

49 App.:2206(b)(6).

47114(e)

49 App.:2206(b) (5)(A)–(C), (E), (F).

47114(f)

49 App.:2206(b)(7).

Sept. 3, 1982, Pub. L. 97–248, 96 Stat. 324, § 507(b)(7); added Nov. 5, 1990, Pub. L. 101–508, § 9111, 104 Stat. 1388–362.

In subsection (a), the word “newly” is substituted for “and not previously apportioned” for clarity. The words “made available” are substituted for “authorized to be obligated” for clarity and consistency.

In subsection (c)(1)(A), the words “during the prior calendar year” are substituted for 49 App.:2206(b) for clarity.

In subsection (c)(2)(A), the word “cargo” is substituted for “property (including mail)” for consistency in the revised title.

In subsection (c)(3), the words “The total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for a fiscal year” are substituted for 49 App.:2206(b)(2)(A) and (3)(A) for clarity and to eliminate unnecessary words. The words “If this paragraph requires reduction of an amount that otherwise would be apportioned under this subsection” are substituted for “In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)” for clarity.

In subsection (d)(2)(A), the words “the Commonwealth of” are omitted as surplus.

In subsection (d)(2)(B) and (C), the words “except as provided in paragraph (3) of this subsection” are added, and the words “49.5 percent of the apportioned amount” are substituted for “1/2 of the remaining 99 percent”, for clarity.

In subsection (d)(3), before clause (A), the words “Notwithstanding subsection (a)(3)(B) of this section” are omitted as surplus.

In subsection (e)(1), before clause (A), the words “Instead of apportioning amounts for airports in Alaska under subsections (c) and (d) of this section” are substituted for “Notwithstanding any other provision of subsection (a) of this section” for clarity.

In subsection (e)(2), the words “be construed as” are omitted as surplus.

In subsection (f), the words “which, but for this paragraph, would be” the first time they appear are omitted as surplus. The words “but not by more than” are substituted for “The maximum reduction in an apportionment to a sponsor of an airport as a result of this paragraph in a fiscal year shall be” to eliminate unnecessary words.

Pub. L. 103–429

Revision notes for 49:47114(c)(3)(A) are included to reflect changes made for clarity and to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1269).

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

47114(c) (1)(B)

49 App.:2206(b)(1).

Sept. 3, 1982, Pub. L. 97–248, § 507(b)(1), as amended May 26, 1994, Pub. L. 103–260, § 103, 108 Stat. 698.

47114(c) (3)(B)

49 App.:2206(b)(3).

Sept. 3, 1982, Pub. L. 97–248, § 507(b)(3), as amended May 26, 1994, Pub. L. 103–260, § 102, 108 Stat. 698.

In subsection (c)(3)(A) and (B), the words “If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection” are substituted for “In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)” for clarity.

In subsection (c)(3)(A), the words “Except as provided in subparagraph (B) of this paragraph” are added for clarity. The words “the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year” are substituted for 49 App.:2206(b)(2)(A), as in effect on July 4, 1994, for clarity and to eliminate unnecessary words.

In subsection (c)(3)(B), the words “the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year” are substituted for 49 App.:2206(b)(3)(A), as in effect on July 4, 1994, for clarity and to eliminate unnecessary words.

Editorial Notes
References in Text

Section 15(a) of the Airport and Airway Development Act of 1970, referred to in subsec. (e)(1), is section 15(a) of Pub. L. 91–258, which was classified to section 1715(a) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, § 523(a), Sept. 3, 1982, 96 Stat. 695.

Amendments

2024—Subsec. (c)(1)(J). Pub. L. 118–41 substituted “May 10, 2024,” for “March 8, 2024,”.

2023—Subsec. (c)(1)(J). Pub. L. 118–34 substituted “March 8, 2024,” for “December 31, 2023,”.

Pub. L. 118–15 substituted “2023, and for the period beginning on October 1, 2023, and ending on December 31, 2023, to” for “2023 to”.

2020—Subsec. (c)(1)(J). Pub. L. 116–260 added subpar. (J).

2018—Subsec. (c)(1)(F) to (H). Pub. L. 115–254, § 151, added subpars. (F) to (H) and struck out former subpar. (F) which related to apportionment of funds for fiscal years 2017 and 2018 to sponsors of primary airports.

Subsec. (c)(1)(I). Pub. L. 115–254, § 164, added subpar. (I).

Subsec. (d)(3)(C), (D). Pub. L. 115–254, § 148(b), added subpars. (C) and (D).

Subsec. (d)(5). Pub. L. 115–254, § 136, amended par. (5) generally. Prior to amendment, text read as follows:

“(A) In general.—The Secretary may permit the use of State highway specifications for airfield pavement construction using funds made available under this subsection at nonprimary airports with runways of 5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds gross weight if the Secretary determines that—

“(i) safety will not be negatively affected; and

“(ii) the life of the pavement will not be shorter than it would be if constructed using Administration standards.

“(B) Limitation.—An airport may not seek funds under this subchapter for runway rehabilitation or reconstruction of any such airfield pavement constructed using State highway specifications for a period of 10 years after construction is completed unless the Secretary determines that the rehabilitation or reconstruction is required for safety reasons.”

2017—Subsec. (c)(1)(F). Pub. L. 115–63 struck out “for fiscal year 2017” after “rule” in heading and substituted “for each of fiscal years 2017 and 2018 an amount” for “for fiscal year 2017 an amount” in introductory provisions.

2016—Subsec. (c)(1)(F). Pub. L. 114–190 amended subpar. (F) generally. Prior to amendment, text read as follows: “Notwithstanding subparagraph (A), for an airport that had more than 10,000 passenger boardings and scheduled passenger aircraft service in calendar year 2007, but in either calendar year 2009 or 2010, or in both years, the number of passenger boardings decreased to a level below 10,000 boardings per year at such airport, the Secretary may apportion in each of fiscal years 2012 and 2013 to the sponsor of such airport an amount equal to the amount apportioned to that sponsor in fiscal year 2009.”

2012—Subsec. (c)(1)(F), (G). Pub. L. 112–95, § 141(b), added subpar. (F) and struck out former subpars. (F) and (G) which related, respectively, to special rules for fiscal years 2004 and 2005 and to special rule for fiscal year 2006.

Subsec. (d)(7). Pub. L. 112–95, § 141(a), added par. (7).

Subsec. (f). Pub. L. 112–95, § 111(c)(2)(A)(iii), substituted “charge” for “fee” wherever appearing.

Subsec. (f)(1)(A), (B). Pub. L. 112–95, § 143, added subpars. (A) and (B) and struck out former subpars. (A) and (B) which read as follows:

“(A) in the case of a charge of $3.00 or less, 50 percent of the projected revenues from the charge in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; and

“(B) in the case of a charge of more than $3.00, 75 percent of the projected revenues from the charge in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section.”

Subsec. (g). Pub. L. 112–95, § 142, added subsec. (g).

2005—Subsec. (c)(1)(G). Pub. L. 109–115 added subpar. (G).

2003—Subsec. (c)(1)(F). Pub. L. 108–176, § 146(a), added subpar. (F).

Subsec. (c)(2). Pub. L. 108–176, § 147(1), struck out “only” after “Cargo” in heading.

Subsec. (c)(2)(A). Pub. L. 108–176, § 147(2), substituted “3.5 percent” for “3 percent”.

Subsec. (f)(3). Pub. L. 108–176, § 146(b)(1), substituted “airports” for “airorts” in heading.

Subsec. (f)(3)(B). Pub. L. 108–176, § 146(b)(2), substituted “fiscal year 2004” for “fiscal years 2000 through 2003”.

2000—Subsec. (c)(1). Pub. L. 106–181, § 104(a)(2)(A), (C), inserted headings for par. (1) and subpar. (A) and realigned margins.

Subsec. (c)(1)(B). Pub. L. 106–181, § 104(a)(1)(A), (2)(B), (C), inserted heading, substituted “$650,000” for “$500,000”, and realigned margins.

Subsec. (c)(1)(C) to (E). Pub. L. 106–181, § 104(a)(1)(B), added subpars. (C) to (E).

Subsec. (c)(2)(A). Pub. L. 106–181, § 104(b)(1), substituted “3 percent” for “2.5 percent”.

Subsec. (c)(2)(C). Pub. L. 106–181, § 104(b)(2), substituted “In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than” for “Not more than”.

Subsec. (d). Pub. L. 106–181, § 104(c), amended heading and text of subsec. (d) generally, revising and restating as pars. (1) to (6) provisions formerly contained in pars. (1) to (3).

Subsec. (e). Pub. L. 106–181, § 104(d)(1), substituted “Supplemental” for “Alternative” in heading.

Subsec. (e)(1). Pub. L. 106–181, § 104(d)(2), (5), inserted heading, realigned margins, and in introductory provisions substituted “Notwithstanding” for “Instead of apportioning amounts for airports in Alaska under” and “airports in Alaska” for “those airports”.

Subsec. (e)(2). Pub. L. 106–181, § 104(d)(3), (5), inserted heading and realigned margins.

Subsec. (e)(3), (4). Pub. L. 106–181, § 104(d)(4), added pars. (3) and (4) and struck out former par. (3) which read as follows: “Airports referred to in this subsection include those public airports that received scheduled service as of September 3, 1982, but were not apportioned amounts in the fiscal year ending September 30, 1980, under section 15(a) of the Act because the airports were not under the control of a State or local public agency.”

Subsec. (f). Pub. L. 106–181, § 105(c), designated existing provisions as par. (1), inserted heading, realigned margins, substituted “Subject to paragraph (3), an amount” for “An amount” and “an amount equal to—” and subpars. (A) and (B) for “an amount equal to 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section.”, and added pars. (2) and (3).

1996—Subsec. (c)(1)(A)(iv). Pub. L. 104–264, § 121(a)(1)(B), substituted “of the next 500,000 passenger boardings” for “additional passenger boarding”.

Subsec. (c)(1)(A)(v). Pub. L. 104–264, § 121(a)(1)(A), (C), (D), added cl. (v).

Subsec. (c)(2). Pub. L. 104–264, § 121(a)(2)(A), amended par. (2) generally. Prior to amendment, par. (2) read as follows:

“(2)(A) The Secretary shall apportion to the sponsors of airports served by aircraft providing air transportation of only cargo with a total annual landed weight of more than 100,000,000 pounds for each fiscal year an amount equal to 3.5 percent of the amount subject to apportionment each year, allocated among those airports in the proportion that the total annual landed weight of those aircraft landing at each of those airports bears to the total annual landed weight of those aircraft landing at all those airports. However, not more than 8 percent of the amount apportioned under this paragraph may be apportioned for any one airport.

“(B) Landed weight under subparagraph (A) of this paragraph is the landed weight of aircraft landing at each of those airports and all those airports during the prior calendar year.”

Subsec. (c)(3). Pub. L. 104–264, § 121(a)(3), struck out par. (3) which read as follows:

“(3)(A) Except as provided in subparagraph (B) of this paragraph, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 49.5 percent limit is achieved.

“(B) If a law limits the amount subject to apportionment to less than $1,900,000,000 for a fiscal year, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 44 percent limit is achieved.”

Subsec. (d)(2). Pub. L. 104–264, § 121(b)(1), substituted “18.5” for “12” in introductory provisions.

Subsec. (d)(2)(A). Pub. L. 104–264, § 121(b)(2), substituted “0.66” for “one”.

Subsec. (d)(2)(B), (C). Pub. L. 104–264, § 121(b)(3), (4), substituted “49.67” for “49.5” and “excluding primary airports but including reliever and nonprimary commercial service airports,” for “except primary airports and airports described in section 47117(e)(1)(C) of this title,”.

1994—Subsec. (c)(1)(B). Pub. L. 103–429, § 6(66)(A), substituted “$500,000” for “$400,000”.

Subsec. (c)(3). Pub. L. 103–429, § 6(66)(B), designated existing provisions as subpar. (A), substituted “Except as provided in subparagraph (B) of this paragraph, the” for “The”, “49.5” for “44” in two places, and “If this subparagraph” for “If this paragraph”, and added subpar. (B).

Statutory Notes and Related Subsidiaries
Effective Date of 2003 Amendment

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

Effective Date of 2000 Amendment

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Effective Date of 1996 Amendment

Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

Pub. L. 104–264, title I, § 125, Oct. 9, 1996, 110 Stat. 3220, which provided that the amendments made by subtitle B (§§ 121–125) of title I of Pub. L. 104–264, amending this section and sections 47115, 47117, and 47118 of this title, were to cease to be effective on Sept. 30, 1998, and that on and after such date, sections 47114, 47115, 47117, and 47118 of this title were to read as if such amendments had not been enacted, was repealed by Pub. L. 105–277, div. C, title I, § 110(a), Oct. 21, 1998, 112 Stat. 2681–587, effective Sept. 29, 1998.

Effective Date of 1994 Amendment

Amendment by section 6(66)(B) of 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.

Apportioned Funds

Pub. L. 107–71, title I, § 119(b), Nov. 19, 2001, 115 Stat. 629, provided that, for the purpose of carrying out this section, for fiscal year 2003, the Secretary would use, in lieu of passenger boardings at an airport during the prior calendar year, the greater of the number of passenger boardings at that airport during 2000 or 2001.

Executive Documents
Termination of Trust Territory of the Pacific Islands

For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions.