PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1271 (3) the financial commitment from non-United States Government sources to preserve or enhance airport capacity. (e) WAIVING PERCENTAGE REQUIREMENT.— If the Secretary decides the Secretary cannot comply with the percentage requirement of subsection (c) of this section in a fiscal year because there are insufficient qualified grant applications to meet that percentage, the amount the Secretary determines will not be distributed as required by subsection (c) is available for obligation during the fiscal year without regard to the requirement. § 47116. Small airport fund (a) EXISTENCE AND AMOUNTS IN FUND. —The Secretary of Transportation has a small airport fund. The fund consists of 75 percent of amounts not apportioned under section 47114 of this title because of section 47114(f). (b) DISTRIBUTION OF AMOUNTS. —The Secretary may distribute amounts in the fund in each fiscal year for any purpose for which amounts are made available under section 48103 of this title as follows: (1) one-third for grants to sponsors of public-use airports (except commercial service airports). (2) two-thirds for grants to sponsors of each commercial service airport that each year has less than.05 percent of the total boardings in the United States in that year. (c) AUTHORITY TO RECEIVE GRANT NOT DEPENDENT ON PARTICI- PATION IN BLOCK GRANT PILOT PROGRAM.—An airport in a State participating in the State block grant pilot program under section 47128 of this title may receive a grant under this section to the same extent the airport may receive a grant if the State were not participating in the program. § 47117. Use of apportioned amounts (a) GRANT PURPOSE.—Except as provided in this section, an amount apportioned under section 47114(c)(1) or (d)(2) of this title is available for making grants for any purpose for which amounts are made available under section 48103 of this title. (b) PERIOD OF AVAILABILITY.—An amount apportioned under section 47114 of this title is available to be obligated for grants under the apportionment only during the fiscal year for which the amount was apportioned and the 2 fiscal years immediately after that year. If the amount is not obligated under the apportionment within that time, it shall be added to the discretionary fund. (c) PRIMARY AIRPORTS. — (1) An amount apportioned to a sponsor of a primary airport under section 47114(c)(1) of this title is available for grants for any public-use airport of the sponsor included in the national plan of integrated airport systems. (2) A sponsor of a primary airport may make an agreement with the Secretary of Transportation waiving any part of the amount apportioned for the airport under section 47114(c)(1) of this title if the Secretary makes the waived amount available for a grant for another public-use airport in the same State or geographical area as the primary airport. (d) STATE USE. —An amount apportioned to a State under— (1) section 47114(d)(2)(A) of this title is available for grants for airports located in the State; and
�
