Sec. 134. Contract tower program
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Section 47124(b)(1)(B) of title 49, United States Code, is amended by striking exceeds the benefit for a period of 18 months after such determination is made and inserting the following: exceeds the benefit— for the 1-year period after such determination is made; or if an appeal of such determination is requested, for the 1-year period described in subsection (d)(4)(D). . Section 47124(b)(3)(E) of title 49, United States Code, is amended to read as follows: Amounts appropriated pursuant to section 106(k)(1) may be used to carry out this paragraph. .
Section 47124(b)(4)(A) of title 49, United States Code, is amended in each of clauses (i)(III) and (ii)(III) by inserting , including remote air traffic control tower equipment certified by the Federal Aviation Administration after 1996 . Section 47124(b)(4)(B) of title 49, United States Code, is amended to read as follows: Before the date of transfer (as defined in section 90101(a)), an airport sponsor shall be eligible for a grant under this paragraph only if— 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 construction of a nonapproach control tower would qualify the sponsor to be eligible to participate in such program; 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; 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; 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 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— 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 the selection of the tower for funding is based on objective criteria. On and after the date of transfer (as defined in section 90101(a)), an airport sponsor shall be eligible for a grant under this paragraph only if— the Secretary determines that the tower to be constructed at the sponsor’s airport using the amounts of the grant will be operated pursuant to an agreement entered into by the American Air Navigation Services Corporation and an entity pursuant to section 90302(c)(3); 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; and 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— 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 the selection of the tower for funding is based on objective criteria. . Section 47124(b)(4) of title 49, United States Code, is amended by striking subparagraph (C). Section 47124(b)(3) of title 49, United States Code, is amended by adding at the end the following: Not later than 90 days after receiving an application to the Contract Tower Program, the Secretary shall calculate a benefit-to-cost ratio (as described in subsection (d)) for the applicable air traffic control tower for purposes of selecting towers for participation in the Contract Tower Program. . Section 47124(c) of title 49, United States Code, is amended— by striking The Secretary and inserting the following: Before the date of transfer (as defined in section 90101(a)), the Secretary ; and by adding at the end the following: On and after the date of transfer (as defined in section 90101(a)), oversight of air traffic control towers that receive funding under this section shall be carried out in accordance with performance-based regulations and minimum safety standards prescribed under section 90501. . Section 47124 of title 49, United States Code, is amended by adding at the end the following: In the case of an air traffic control tower that is operated under the program established under subsection (b)(3), the Secretary shall annually calculate a benefit-to-cost ratio with respect to the tower. In the case of an air traffic control tower that is operated under the program established under subsection
(a)and continued under subsection (b)(1), the Secretary shall not calculate a benefit-to-cost ratio after the date of enactment of this subsection with respect to the tower unless the Secretary determines that the annual aircraft traffic at the airport where the tower is located has decreased— by more than 25 percent from the previous year; or by more than 60 percent cumulatively in the preceding 3-year period. In establishing a benefit-to-cost ratio under this section with respect to an air traffic control tower, the Secretary shall consider only the following costs: The Federal Aviation Administration’s actual cost of wages and benefits of personnel working at the tower. The Federal Aviation Administration’s actual telecommunications costs directly associated with the tower. The Federal Aviation Administration’s costs of purchasing and installing any air traffic control equipment that would not have been purchased or installed except for the operation of the tower. The Federal Aviation Administration’s actual travel costs associated with maintaining air traffic control equipment that is owned by the Administration and would not be maintained except for the operation of the tower. In establishing a benefit-to-cost ratio under this section with respect to an air traffic control tower, the Secretary shall add a 10 percentage point margin of error to the benefit-to-cost ratio determination to acknowledge and account for the direct and indirect economic and other benefits that are not included in the criteria the Secretary used in calculating that ratio. In issuing a benefit-to-cost ratio determination under this section with respect to an air traffic control tower located at an airport, the Secretary shall implement the following procedures: The Secretary shall provide the airport (or the State or local government having jurisdiction over the airport) at least 90 days following the date of receipt of the determination to submit to the Secretary a request for an appeal of the determination, together with updated or additional data in support of the appeal. Upon receipt of a request for an appeal submitted pursuant to subparagraph (A), the Secretary shall— transmit to the Administrator of the Federal Aviation Administration any updated or additional data submitted in support of the appeal; and provide the Administrator not more than 90 days to review the data and provide a response to the Secretary based on the review. After receiving a response from the Administrator pursuant to subparagraph (B), the Secretary shall— provide the airport, State, or local government that requested the appeal at least 30 days to review the response; and withhold from taking further action in connection with the appeal during that 30-day period. If, after completion of the appeal procedures with respect to the determination, the Secretary requires the tower to transition into the program established under subsection (b)(3), the Secretary shall not require a cost-share payment from the airport, State, or local government for 1 year following the last day of the 30-day period described in subparagraph (C). .