PUBLIC LAW 106-181—APR. 5, 2000 114 STAT. 71 SEC. 105. PASSENGER FACILITY FEES. (a) AUTHORITY TO IMPOSE HIGHER FEE.— Section 40117(b) is amended by adding at the end the following: "(4) In lieu of authorizing a fee under paragraph (1), the Secretary may authorize under this section an eligible agency to impose a passenger facility fee of $4.00 or $4.50 on each paying passenger of an air carrier or foreign air carrier boarding an aircraft at an airport the agency controls to finance an eligible airport-related project, including making payments for debt service on indebtedness incurred to carry out the project, if the Secretary finds— "(A) in the case of an airport that has more than.25 percent of the total number of annual boardings in the United States, that the project will make a significant contribution to improving air safety and security, increasing competition among air carriers, reducing current or anticipated congestion, or reducing the impact of aviation noise on people living near the airport; and "(B) that the project cannot be paid for from funds reasonably expected to be available for the programs referred to in section 48103.". (b) LIMITATION ON APPROVAL OF CERTAIN APPLICATIONS.— Section 40117(d) is amended— (1) by striking "and" at the end of paragraph (2); (2) by striking the period at the end of paragraph (3) and inserting "; and"; and (3) by adding at the end the following: "(4) in the case of an application to impose a fee of more than $3.00 for an eligible surface transportation or terminal project, the agency has made adequate provision for financing the airside needs of the airport, including runways, taxiways, aprons, and aircraft gates.". (c) REDUCING APPORTIONMENTS. —Section 47114(f) is amended— (1) by striking "An amount" and inserting "(1) IN GEN- ERAL.—Subject to paragraph (3), an amount"; (2) by striking "an amount equal to" and all that follows through the period at the end and inserting the following: "an amount equal to— "(A) in the case of a fee of $3.00 or less, 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section; and "(B) in the case of a fee of more than $3.00, 75 percent of the projected revenues from the fee in the fiscal year but not by more than 75 percent of the amount that otherwise would be apportioned under this section."; (3) by adding at the end the following: "(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 AIRORTS. — " (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
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