Sec. 131. GRANT ASSURANCES

618 words·~3 min read·/statute-compilations/comps-15561/sec-131

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

## SEC. 131 GRANT ASSURANCES Section 47107 of title 49, United States Code, is amended— ####

(1)in subsection (a)(17), by striking “each contract” and inserting “if any phase of such project has received funds under this subchapter, each contract”; ####

(2)in subsection (r)(3), by striking “2018” and inserting “2023”; and ####

(3)by adding at the end the following: > > ### “(u) Construction of Recreational Aircraft > > > #### “(1) In general > > The construction of a covered aircraft shall be treated as an aeronautical activity for purposes of— > > > ##### “(A) > > determining an airport’s compliance with a grant assurance made under this section or any other provision of law; and > > > ##### “(B) > > the receipt of Federal financial assistance for airport development. > > > #### “(2) Covered aircraft defined > > In this subsection, the term ‘covered aircraft’ means an aircraft— > > > ##### “(A) > > used or intended to be used exclusively for recreational purposes; and > > > ##### “(B) > > constructed or under construction by a private individual at a general aviation airport. > > > ### “(v) Community Use of Airport Land > > > #### “(1) In general > > Notwithstanding subsection (a)(13), and subject to paragraph (2), the sponsor of a public-use airport shall not be considered to be in violation of this subtitle, or to be found in violation of a grant assurance made under this section, or under any other provision of law, as a condition for the receipt of Federal financial assistance for airport development, solely because the sponsor has entered into an agreement, including a revised agreement, with a local government providing for the use of airport property for an interim compatible recreational purpose at below fair market value. > > > #### “(2) Restrictions > > This subsection shall apply only— > > > ##### “(A) > > to an agreement regarding airport property that was initially entered into before the publication of the Federal Aviation Administration’s Policy and Procedures Concerning the Use of Airport Revenue, dated February 16, 1999; > > > ##### “(B) > > if the agreement between the sponsor and the local government is subordinate to any existing or future agreements between the sponsor and the Secretary, including agreements related to a grant assurance under this section; > > > ##### “(C) > > to airport property that was acquired under a Federal airport development grant program; > > > ##### “(D) > > if the airport sponsor has provided a written statement to the Administrator that the property made available for a recreational purpose will not be needed for any aeronautical purpose during the next 10 years; > > > ##### “(E) > > if the agreement includes a term of not more than 2 years to prepare the airport property for the interim compatible recreational purpose and not more than 10 years of use for that purpose; > > > ##### “(F) > > if the recreational purpose will not impact the aeronautical use of the airport; > > > ##### “(G) > > if the airport sponsor provides a certification that the sponsor is not responsible for preparation, start-up, operations, maintenance, or any other costs associated with the recreational purpose; and > > > ##### “(H) > > if the recreational purpose is consistent with Federal land use compatibility criteria under section 47502. > > > #### “(3) Statutory construction > > Nothing in this subsection may be construed as permitting a diversion of airport revenue for the capital or operating costs associated with the community use of airport land.” > .