12 2 STA T .37 2 9PUBLIC LA W 11 0– 337 —O CT. 2 , 200 8PublicLaw1 1 0–3 3 7 110 thCongres s A n Act Toamendti t l e 49,U nited S tate sC ode, to e xp and passen g e rf a c ilit y fee eligi b ility for certain noise compatibility pro j ects .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. E XPA N D ED PASSEN G E RF ACI L IT Y FEE ELIGI B ILITY FOR NOISE CO M PATIBILITY PRO J ECTS. Section401 1 7(b) o f tit l e4 9,U nite d St a te sC ode, is a m ended b y addin g att h e end the follo w ing
- ‘
‘(7) NOISEM I T I GA TIO NF O RC ERTAIN SC H OO L S .— ‘‘( A ) I N GENERAL.—In addition to the u ses s p ecified in pa r agraphs (1), (4), and ( 6 ), the Secretary may authori z e a passenger facility fee imposed under paragraph (1) or (4) at a large hub airport that is the sub j ect of an amended judgment and final order in condemnation filed on J anuary 7, 19 8 0, by the Superior Court of the State of California for the county of L os Angeles, to be used for a project to carry out noise mitigation for a building, or for the replacement of a relocatable building with a permanent building, in the noise impacted area surrounding the air - port at which such building is used primarily for edu- cational purposes, notwithstanding the air easement granted or any terms to the contrary in such judgment and final order, if— ‘‘(i) the Secretary determines that the building is ad v ersely affected by airport noise
‘‘(ii) the building is owned or chartered by the school district that was the plaintiff in case number 986,44 2 or 986,446, which was resolved by such judg- ment and final order; ‘‘(iii) the project is for a school identified in 1 of the settlement agreements effective F ebruary 16, 200 5 , between the airport and each of the school dis- tricts; ‘‘(iv) in the case of a project to replace a relocatable building with a permanent building, the eligible project costs are limited to the actual structural construction costs necessary to mitigate aircraft noise in instruc- tional classrooms to an interior noise level meeting current standards of the Federal Aviation Administra- tion; and ‘‘(v) the project otherwise meets the re q uirements of this section for authorization of a passenger facility fee. Oct.2, 2 0 0 8[S . 9 9 6]
�
