Sec. 38.01. Project applications.

423 words·~2 min read·/il/chapter-620/act-5/38-01

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)No municipality or political subdivision in this State, whether acting alone or jointly with another municipality or political subdivision or with the State, shall submit any project application under the provisions of the Airport and Airway Improvement Act of 1982, or any amendment thereof, unless the project and the project application have been first approved by the Department. Except as provided in subsections

(b)or

(c)below, no such municipality or political subdivision shall directly accept, receive, or disburse any funds granted by the United States under the Airport and Airway Improvement Act of 1982, but it shall designate the Department as its agent to accept, receive, and disburse such funds, provided further, however, nothing in this Section shall be construed to prohibit the following:

(1)Any municipality or any political subdivision of more than 500,000 inhabitants from

disbursing such funds through its corporate authorities.

(2)Any municipality or any political subdivision owning a primary commercial service

airport serving at least 10,000 annual enplanements from accepting, receiving, or disbursing funds directly from the federal government.

It shall enter into an agreement with the Department prescribing the terms and conditions of such agency in accordance with federal laws, rules and regulations and applicable laws of this State. This subsection

(a)does not apply to any project application submitted in connection with the O'Hare Modernization Program as defined in Section 10 of the O'Hare Modernization Act, with O'Hare International Airport, or with Midway International Airport.

(b)The City of Chicago may submit a project application under the provisions of the Airport and Airway Improvement Act of 1982, as now or hereafter amended, or any other federal law providing for airport planning or development, if the application is submitted in connection with

(i)the O'Hare Modernization Program as defined in Section 10 of the O'Hare Modernization Act,

(ii)O'Hare International Airport, or

(iii)Midway International Airport; and the City may directly accept, receive, and disburse any such funds.

(c)Any federal money awarded to airports in the State under the Airport and Airway Improvement Act of 1982, or any amendment thereof, that includes project applications approved by the Department where the Department is designated as the agent to accept, receive, and disburse such funds shall also include a State match to the local share of the application for all costs eligible under the Airport and Airway Improvement Act of 1982, or any amendment thereof, subject to the provisions of Section 34 and Section 41 of this Act and available eligible appropriation.