§ 41735. Enhanced essential air service
(a)
Proposals.—
(1)
A State or local government may submit a proposal to the Secretary of Transportation for enhanced essential air service to an eligible place for which basic essential air service is being provided under section
41733 of this title. The proposal shall—
(2)
The agreement submitted under paragraph (1)(B) of this subsection shall provide that—
(A)
the State or local government or a person pay 50 percent of the compensation required for the proposed service and the United States Government pay the remaining 50 percent; or
(B)
(ii)
if the proposed service is not successful for at least a 2-year period under the criteria prescribed by the Secretary under paragraph (3) of this subsection, the eligible place is not eligible for air service or air transportation for which compensation is paid by the Secretary under this subchapter.
(b)
Decisions.—
Not later than 90 days after receiving a proposal under subsection (a) of this section, the Secretary shall—
(c)
Compensation Payments.—
(1)
The Secretary shall pay compensation under this section when and in the way the Secretary decides is appropriate. Compensation for enhanced essential air service under this section may be paid only for the costs incurred in providing air service to an eligible place that are in addition to the costs incurred in providing basic essential air service to the place under section
41733 of this title. The Secretary shall continue to pay compensation under this section only as long as—
(d)
Review.—
(1)
The Secretary shall review periodically the enhanced essential air service provided to each eligible place under this section.
(2)
For service for which the Government pays 50 percent of the compensation, based on the review and consultation with the affected community and the State or local government or person paying the remaining 50 percent of the compensation, the Secretary shall make appropriate adjustments in the type and level of service to the place.
(3)
For service for which the Government pays 100 percent of the compensation, based on the review and consultation with the State or local government submitting the proposal, the Secretary shall decide whether the service has succeeded for at least a 2-year period under the criteria prescribed under subsection (a)(3) of this section. If unsuccessful, the place is not eligible for air service or air transportation for which compensation is paid by the Secretary under this subchapter.
(e)
Ending, Suspending, and Reducing Air Transportation.—
An air carrier may end, suspend, or reduce air transportation to an eligible place below the level of enhanced essential air service established for that place by the Secretary under this section only after giving the Secretary, the affected community, and the State or local government or person paying compensation for that service at least 30 days’ notice before ending, suspending, or reducing the service. This subsection does not relieve the carrier of an obligation under section
41734 of this title.