§ 47114. Apportionments
(a)
Definition.—
In this section, “amount subject to apportionment” means the amount newly made available under section
48103 of this title for a fiscal year.
(b)
Apportionment Date.—
On the first day of each fiscal year, the Secretary of Transportation shall apportion the amount subject to apportionment for that fiscal year as provided in this section.
(c)
Amounts Apportioned to Sponsors.—
(1)
Primary airports.—
(A)
Apportionment.—
The Secretary shall apportion to the sponsor of each primary airport for each fiscal year an amount equal to—
(i)
$7.80 for each of the first 50,000 passenger boardings at the airport during the prior calendar year;
(ii)
$5.20 for each of the next 50,000 passenger boardings at the airport during the prior calendar year;
(iii)
$2.60 for each of the next 400,000 passenger boardings at the airport during the prior calendar year;
(B)
Minimum and maximum apportionments.—
Not less than $650,000 nor more than $22,000,000 may be apportioned under subparagraph (A) of this paragraph to an airport sponsor for a primary airport for each fiscal year.
(C)
Special rule.—
In any fiscal year in which the total amount made available under section
48103 is $3,200,000,000 or more—
(i)
the amount to be apportioned to a sponsor under subparagraph (A) shall be increased by doubling the amount that would otherwise be apportioned;
(D)
New airports.—
Notwithstanding subparagraph (A), the Secretary shall apportion on the first day of the first fiscal year following the official opening of a new airport with scheduled passenger air transportation an amount equal to the minimum amount set forth in subparagraph (B) or (C), as appropriate, to the sponsor of such airport.
(E)
Use of previous fiscal year’s apportionment.—
Notwithstanding subparagraph (A), the Secretary may apportion to an airport sponsor in a fiscal year an amount equal to the amount apportioned to that sponsor in the previous fiscal year if the Secretary finds that—
(i)
passenger boardings at the airport fell below 10,000 in the calendar year used to calculate the apportionment;
(F)
Special rule for fiscal years 2004 and 2005.—
Notwithstanding subparagraph (A) and the absence of scheduled passenger aircraft service at an airport, the Secretary may apportion in fiscal years 2004 and 2005 to the sponsor of the airport an amount equal to the amount apportioned to that sponsor in fiscal year 2002 or 2003, whichever amount is greater, if the Secretary finds that—
(G)
Special rule for fiscal year 2006.—
Notwithstanding subparagraph (A) and the absence of scheduled passenger aircraft service at an airport, the Secretary may apportion in fiscal year 2006 to the sponsor of the airport an amount equal to $500,000, if the Secretary finds that—
(2)
Cargo airports.—
(A)
Apportionment.—
Subject to subparagraph (D), the Secretary shall apportion an amount equal to 3.5 percent of the amount subject to apportionment each fiscal year 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.
(B)
Suballocation formula.—
Any funds apportioned under subparagraph (A) to sponsors of airports described in subparagraph (A) shall be allocated among those airports in the proportion that the total annual landed weight of aircraft described in subparagraph (A) landing at each of those airports bears to the total annual landed weight of those aircraft landing at all those airports.
(C)
Limitation.—
In any fiscal year in which the total amount made available under section
48103 is less than $3,200,000,000, not more than 8 percent of the amount apportioned under subparagraph (A) may be apportioned for any one airport.
(D)
Distribution to other airports.—
Before apportioning amounts to the sponsors of airports under subparagraph (A) for a fiscal year, the Secretary may set-aside a portion of such amounts for distribution to the sponsors of other airports, selected by the Secretary, that the Secretary finds will be served primarily by aircraft providing air transportation of only cargo.
(d)
Amounts Apportioned for General Aviation Airports.—
(2)
Apportionment.—
Except as provided in paragraph (3), the Secretary shall apportion to the States 18.5 percent of the amount subject to apportionment for each fiscal year as follows:
(A)
0.66 percent of the apportioned amount to Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands.
(B)
Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the population of each of those States bears to the total population of all of those States.
(C)
Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States.
(3)
Special rule.—
In any fiscal year in which the total amount made available under section
48103 is $3,200,000,000 or more, rather than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the amount subject to apportionment for each fiscal year as follows:
(A)
To each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of—
(ii)
1/5 of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section
47103.
(B)
Any remaining amount to States as follows:
(i)
0.62 percent of the remaining amount to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands.
(ii)
Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the population of each of those States bears to the total population of all of those States.
(iii)
Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the area of each of those States bears to the total area of all of those States.
(4)
Airports in alaska, puerto rico, and hawaii.—
An amount apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or Hawaii for airports in such State may be made available by the Secretary for any public airport in those respective jurisdictions.
(5)
Use of state highway specifications.—
(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—
(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.
(e)
Supplemental Apportionment for Alaska.—
(1)
In general.—
Notwithstanding subsections (c) and (d) of this section, the Secretary may apportion amounts for airports in Alaska in the way in which amounts were apportioned in the fiscal year ending September 30, 1980, under section 15(a) of the Act. However, in apportioning amounts for a fiscal year under this subsection, the Secretary shall apportion—
(2)
Authority for discretionary grants.—
This subsection does not prohibit the Secretary from making project grants for airports in Alaska from the discretionary fund under section
47115 of this title.
(3)
Airports eligible for funds.—
An amount apportioned under this subsection may be used for any public airport in Alaska.
(4)
Special rule.—
In any fiscal year in which the total amount made available under section
48103 is $3,200,000,000 or more, the amount that may be apportioned for airports in Alaska under paragraph (1) shall be increased by doubling the amount that would otherwise be apportioned.
(f)
Reducing Apportionments.—
(1)
In general.—
Subject to paragraph (3), an amount that would be apportioned under this section (except subsection (c)(2)) in a fiscal year to the sponsor of an airport having at least .25 percent of the total number of boardings each year in the United States and for which a fee is imposed in the fiscal year under section
40117 of this title shall be reduced by an amount equal to—
(2)
Effective date of reduction.—
A reduction in an apportionment required by paragraph (1) shall not take effect until the first fiscal year following the year in which the collection of the fee imposed under section
40117 is begun.
(3)
Special rule for transitioning airports.—
(A)
In general.—
Beginning with the fiscal year following the first calendar year in which the sponsor of an airport has more than .25 percent of the total number of boardings in the United States, the sum of the amount that would be apportioned under this section after application of paragraph (1) in a fiscal year to such sponsor and the projected revenues to be derived from the fee in such fiscal year shall not be less than the sum of the apportionment to such airport for the preceding fiscal year and the revenues derived from such fee in the preceding fiscal year.