Page:United States Statutes at Large Volume 101 Part 3.djvu/199

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PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-223—DEC. 30, 1987

101 STAT. 1497

used for making 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. "(2) LEVEL OF FUNDING FOR PRESERVING AND ENHANCING

CAPACITY, SAFETY, AND SECURITY.—Subject to section 508(d) and paragraph (4) of this subsection, not less than 75 percent of the funds in the discretionary fund pursuant to paragraph (1) and distributed by the Secretary under this subsection in a fiscal year beginning after September 30, 1987, shall be used for making grants for any of the following purposes: preserving and enhancing capacity, safety, and security at primary airports and reliever airports and carrying out airport noise compatibility planning and programs at primary airports and reliever airports. "(3) SELECTION CRITERIA.—In selecting projects for grants described in paragraph (2) for preserving and enhancing capacity at airports, the Secretary shall consider each proposed project s effect on overall national air transportation system capacity, project benefit and cost, and the financial commitment of the airport operator or other non-Federal funding sources to preserve or enhance airport capacity. "(4) LIMITATION.—If the Secretary determines that the Secretary will not be able to comply with the percentage requirement established by paragraph (2) in any fiscal year because the number of qualified applications submitted in compliance with this title is insufficient to meet such percentages, the portion of funds which the Secretary determines will not be so distributed shall be available for obligation during such fiscal year without regard to such requirement.

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"(d) CALENDAR YEAR AS BASIS FOR DETERMINING CERTAIN APPORTIONMENTS.— "(1) PASSENGERS ENPLANED.—For purposes of determining

apportionments for any fiscal year under subsection (a)(1), 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. "(2) LANDED WEIGHT.—For purposes of determining apportionments for any fiscal year under subsection (a)(2), the landed weight of aircraft landing at an airport referred to in subsection (a)(2) shall be based on the landed weight of aircraft landing at such airport and all such airports during the preceding calendar year. "(e) DEFINITIONS.—As used in subsection (a)(3)— "(1) POPULATION.—The term 'population' means the population according to the latest decennial census of the United States. "(2) AREA.—The term 'area' includes both land and water.",

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(b) CONFORMING AMENDMENTS.— (1) SECTION 505.—Section 505(a) is amended by striking out 49 USC app.

"sections 507(a)(1), (2), (3)(A), or" and inserting in lieu thereof 2204. "sections 507(a)(1), 507(a)(2), 507(a)(3), 507(c), and". (2) SECTION 508.—Section 508 is amended— 49 USC app. (A) in subsection (a) by striking out "paragraph (1), (2), or 2207. (4) of section 507(a)" and inserting in lieu thereof "subsection (a) or (b)(5) of section 507"; (B) in subsection (a) by striking out "507(a)(3)" and inserting in lieu thereof "507(c)";