PUBLIC LAW 108–176—DEC. 12, 2003
117 STAT. 2505
‘‘(E) the projected growth in the number of passengers or aircraft that will be using the airport at which the project will be carried out; and ‘‘(F) the ability of the project to foster United States competitiveness in securing global air cargo activity at a United States airport. ‘‘(2) FOR ALL PROJECTS.—In selecting a project for a grant under this section, the Secretary shall consider among other factors whether— ‘‘(A) funding has been provided for all other projects qualifying for funding during the fiscal year under this chapter that have attained a higher score under the numerical priority system employed by the Secretary in administering the fund; and ‘‘(B) the sponsor will be able to commence the work identified in the project application in the fiscal year in which the grant is made or within 6 months after the grant is made, whichever is later.’’. SEC. 149. FLEXIBLE FUNDING FOR NONPRIMARY AIRPORT APPORTIONMENTS.
(a) PROJECT GRANT AGREEMENTS.—Section 47108(a) is amended by inserting ‘‘or 47114(d)(3)(A)’’ after ‘‘under section 47114(c)’’. (b) ALLOWABLE PROJECT COSTS.—Section 47110 is amended— (1) in subsection (b)(2)(C) by striking ‘‘of this title’’ and inserting ‘‘or section 47114(d)(3)(A)’’; (2) in subsection (g)— (A) by inserting ‘‘or section 47114(d)(3)(A)’’ after ‘‘of section 47114(c)’’; and (B) by striking ‘‘of project’’ and inserting ‘‘of the project’’; and (3) by adding at the end the following: ‘‘(h) NONPRIMARY AIRPORTS.—The Secretary may decide that the costs of revenue producing aeronautical support facilities, including fuel farms and hangars, are allowable for an airport development project at a nonprimary airport if the Government’s share of such costs is paid only with funds apportioned to the airport sponsor under section 47114(d)(3)(A) and if the Secretary determines that the sponsor has made adequate provision for financing airside needs of the airport.’’. (c) WAIVER.—Section 47117(c)(2) is amended to read as follows: ‘‘(2) WAIVER.—A sponsor of an airport may make an agreement with the Secretary of Transportation waiving the sponsor’s claim to any part of the amount apportioned for the airport under sections 47114(c) and 47114(d)(3)(A) if the Secretary agrees to make the waived amount available for a grant for another public-use airport in the same State or geographical area as the airport, as determined by the Secretary.’’. (d) TERMINAL DEVELOPMENT COSTS.—Section 47119(b) is amended— (1) by striking ‘‘or’’ at the end of paragraph (3); (2) by striking the period at the end of paragraph (4) and inserting ‘‘; or’’; and (3) by adding at the end the following: ‘‘(5) to a sponsor of a nonprimary airport, any part of amounts apportioned to the sponsor for the fiscal year under
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