PUBLIC LAW 106-181—APR. 5, 2000 114 STAT. 87 "(A) A project for airport development or airport planning under subchapter I of chapter 471. "(B) A project for terminal development described in section 47110(d). "(C) A project for airport noise capability planning under section 47505. "(D) A project to carry out noise compatibility measures eligible for assistance under section 47504, whether or not a program for those measures has been approved under section 47504. "(E) A project for constructing gates and related areas at which passengers board or exit aircraft. In the case of a project required to enable additional air service by an air carrier with less than 50 percent of the annual passenger boardings at an airport, the project for constructing gates and related areas may include structural foundations and floor systems, exterior building walls and load-bearing interior columns or walls, windows, door and roof systems, building utilities (including heating, air conditioning, ventilation, plumbing, and electrical service), and aircraft fueling facilities adjacent to the gate. "(4) PASSENGER FACILITY FEE.— The term 'passenger facility fee' means a fee imposed under this section. "(5) PASSENGER FACILITY REVENUE.—The term 'passenger facility revenue' means revenue derived from a passenger facility fee.". SEC. 152. TERMINAL DEVELOPMENT COSTS. (a) WITH RESPECT TO PASSENGER FACILITY CHARGES.—Section 40117(a)(3) is further amended— (1) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (D), (E), and (F), respectively; and (2) by inserting after subparagraph (B) the following: "(C) for costs of terminal development referred to in subparagraph (B) incurred after August 1, 1986, at an airport that did not have more than.25 percent of the total annual passenger boardings in the United States in the most recent calendar year for which data is available and at which total passenger boardings declined by at least 16 percent between calendar year 1989 and calendar year 1997;". (b) NONPRIMARY COMMERCIAL SERVICE AIRPORTS. —Section 47119 is amended by adding at the end the following: " (d) DETERMINATION OF PASSENGER BOARDING AT COMMERCIAL SERVICE AIRPORTS.— For the purpose of determining whether an amount may be distributed for a fiscal year from the discretionary fund in accordance with subsection (b)(2)(A) to a commercial service airport, the Secretary shall make the determination of whether or not a public airport is a commercial service airport on the basis of the number of passenger boardings and type of air service at the public airport in the calendar year that includes the first day of such fiscal year or the preceding calendar year, whichever is more beneficial to the airport.". SEC. 153. CONTINUATION OF ILS INVENTORY PROGRAM. Section 44502(a)(4)(B) is amended— (1) by striking "each of fiscal years 1995 and 1996" and inserting "each of fiscal years 2000 through 2002"; and
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