117 STAT. 426
‘‘(i)(I) the sponsor is a participant in the Federal Aviation Administration contract tower program established under subsection (a) and continued under paragraph (1) or the pilot program established under paragraph (3); or ‘‘(II) construction of a nonapproach control tower would qualify the sponsor to be eligible to participate in such program; ‘‘(ii) the sponsor certifies that it will pay not less than 10 percent of the cost of the activities for which the sponsor is receiving assistance under this paragraph; ‘‘(iii) the Secretary affirmatively accepts the proposed contract tower into a contract tower program under this section and certifies that the Secretary will seek future appropriations to pay the Federal Aviation Administration’s cost of the contract to operate the tower to be constructed under this paragraph; ‘‘(iv) the sponsor certifies that it will pay its share of the cost of the contract to operate the tower to be constructed under this paragraph; and ‘‘(v) in the case of a tower to be constructed under this paragraph from amounts made available under section 47114(d)(2) or 47114(d)(3)(B), the Secretary certifies that— ‘‘(I) the Federal Aviation Administration has consulted the State within the borders of which the tower is to be constructed and the State supports the construction of the tower as part of its State airport capital plan; and ‘‘(II) the selection of the tower for funding is based on objective criteria. ‘‘(C) LIMITATION ON FEDERAL SHARE.—The Federal share of the cost of construction of a nonapproach control tower under this paragraph may not exceed $1,100,000.’’. (2) CONFORMING AMENDMENTS.—Section 47124(b) of such title is amended— (A) in paragraph (3)(A) by striking ‘‘Level I air traffic control towers, as defined by the Secretary,’’ and inserting ‘‘nonapproach control towers, as defined by the Secretary,’’; and (B) in paragraph (3)(E) by striking ‘‘Subject to paragraph (4)(D), of’’ and inserting ‘‘Of’’. (3) SAVINGS CLAUSE.—Notwithstanding the amendments made by this section, the towers for which assistance is being provided on the day before the date of enactment of this Act under section 47124(b)(4) of title 49, United States Code, as in effect on such day, may continue to be provided such assistance under the terms of such section. (c) NONAPPROACH CONTROL TOWERS.— (1) IN GENERAL.—The Administrator of the Federal Aviation Administration may enter into a lease agreement or contract agreement with a private entity to provide for construction and operation of a nonapproach control tower as defined by the Secretary of Transportation. (2) TERMS AND CONDITIONS.—An agreement entered into under this section—
49 USC 47124 note.
49 USC 47124 note.
VerDate 11-MAY-2000
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PUBLIC LAW 108–7—FEB. 20, 2003
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