PUBLIC LAW 100-223—DEC. 30, 1987
101 STAT. 1503
SEC. 111. PROJECT COSTS. (a) AUTHORITY TO MODIFY CERTAIN LIMITATIONS ON EXPENDITURES FOR TERMINAL DEVELOPMENT.— (1) OBLIGATION LIMITATION.—The first sentence of section
513(b)(2) is amended by striking out "Not more" and all that 49 USC app. follows through "60 percent" and inserting in lieu thereof "All 2212. or any portion". (2) MAXIMUM FEDERAL SHARE.—Section 513(b)(5) is amended
by striking out "50 percent" and inserting in lieu thereof "75 percent". (b) COSTS NOT ALLOWED.—Section 513(c) is amended—
(1) by striking out "or" the first place it appears; and (2) by inserting before the period at the end thereof the following: "; or (3) the cost of decorative landscaping or the provision or installation of sculpture or art works". (c) REIMBURSEMENT FOR CERTAIN ADVANCE EXPENDITURES.—Sec-
tion 513 is amended by adding at the end thereof the following new subsection: "(d) REIMBURSEMENT FOR CERTAIN ADVANCE EXPENDITURES.— "(1) LETTERS OF INTENT.— "(A) ANNOUNCEMENT OF INTENTION.—The Secretary is
authorized to announce an intention to obligate for an airport development project (including formulation of the project) at a primary airport or a reliever airport under this subsection through the issuance of a letter of intent to the applicant. "(B) SCHEDULE OF REIMBURSEMENT.—Subject to the provisions of this paragraph, a letter of intent issued under this paragraph shall establish a schedule under which the Secretary will make payments under paragraph (2) of this subsection to the sponsor of the airport at which the airport development project will be carried out. "(C) LIMITATION ON PROJECTS ELIGIBLE FOR ADVANCE FUND-
ING.—The provisions of this subsection only apply to an airport development project— "(i) regarding which the sponsor notifies the Secretary of the sponsor's intent to carry out such project before commencement of such project; "(ii) which will be carried out in accordance with all applicable statutory and administrative requirements that would be applicable to the project if the project were being carried out with funds made available under this title; and "(iii) which the Secretary determines will result in a significant enhancement of system-wide airport capacity and meets the criteria of section 507(c)(3). Clause (i) shall not apply to a project which is commenced on or after November 20, 1987, and for which a letter of intent is signed under this subsection in the 90-day period beginning on the date of the enactment of this subsection. (D) LIMITATION ON EFFECT.—An action under subparagraph (A) shall not be deemed an obligation of the United States Government under section 1501 of title 31, United States Code, and a letter of intent issued under this paragraph shall not be deemed to be an administrative commitment for funding.
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