PUBLIC LAW 108–176—DEC. 12, 2003
117 STAT. 2547
service provided this subchapter, after the application of any other non-Federal share matching requirements imposed by law. ‘‘(e) ELIGIBILITY FOR OTHER PROGRAMS NOT AFFECTED.— Nothing in this section affects the eligibility of a community or consortium of communities, an airport sponsor, or any other person to participate in any program authorized by this subchapter. A community designated under this section may participate in any program (including pilot programs) authorized by this subchapter for which it is otherwise eligible— ‘‘(1) without regard to any limitation on the number of communities that may participate in that program; and ‘‘(2) without reducing the number of other communities that may participate in that program. ‘‘(f) SECRETARY TO REPORT TO CONGRESS ON IMPACT.—The Secretary shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives on— ‘‘(1) the economic condition of communities designated under this section before their designation; ‘‘(2) the impact of designation under this section on such communities at the end of each of the 3 years following their designation; and ‘‘(3) the impact of designation on air traffic patterns affecting air transportation to and from communities designated under this section.’’. (b) CONFORMING AMENDMENT.—The analysis for subchapter II of chapter 417 is amended by adding at the end the following: ‘‘41745. Community and regional choice programs. ‘‘41746. Tracking service. ‘‘41747. EAS local participation program.’’. SEC. 409. MEASUREMENT OF HIGHWAY MILES FOR PURPOSES OF DETERMINING ELIGIBILITY OF ESSENTIAL AIR SERVICE SUBSIDIES.
49 USC 41731 note.
(a) REQUEST FOR SECRETARIAL REVIEW.—An eligible place (as defined in section 41731 of title 49, United States Code) with respect to which the Secretary has, in the 2-year period ending on the date of enactment of this Act, eliminated (or tentatively eliminated) compensation for essential air service to such place, or terminated (or tentatively terminated) the compensation eligibility of such place for essential air service, under section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (49 U.S.C. 41731 note), section 205 of the Wendell H. Ford Aviation Investment and Reform Act for the 21st Century (49 U.S.C. 41731 note), or any prior law of similar effect based on the highway mileage of such place from the nearest hub airport (as defined in section 40102 of such title), may request the Secretary to review such action. (b) DETERMINATION OF MILEAGE.—In reviewing an action under subsection (a), the highway mileage between an eligible place and the nearest medium hub airport or large hub airport is the highway mileage of the most commonly used route between the place and the medium hub airport or large hub airport. In identifying such route, the Secretary shall identify the most commonly used route for a community by—
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