Sec. 710. SMALL AIRPORT LETTERS OF INTENT
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## SEC. 710 SMALL AIRPORT LETTERS OF INTENT ###
(a)In General Section 47110 of title 49, United States Code, is further amended by adding at the end the following: > > ### “(i) Small Airport Letters of Intent > > > #### “(1) In general > > The Secretary may issue a letter of intent to a sponsor stating an intention to obligate an amount from future budget authority for an airport development project (including costs of formulating the project) at a nonhub airport or an airport that is not a primary airport. > > > #### “(2) Contents > > In the letter issued under paragraph (1), the Secretary shall establish a schedule under which the Secretary will reimburse the sponsor for the Government’s share of allowable project costs, as amounts become available, if the sponsor, after the Secretary issues the letter, carries out the project without receiving amounts under this subchapter. > > > #### “(3) Limitations > > The amount the Secretary intends to obligate in a letter of intent issued under this subsection shall not exceed the larger of— > > > ##### “(A) > > the Government’s share of allowable project costs; or > > > ##### “(B) > > $10,000,000. > > > #### “(4) Financing > > Allowable project costs under paragraphs
(1)and
(2)may include costs associated with making payments for debt service on indebtedness incurred to carry out the project. > > > #### “(5) Requirements > > The Secretary shall issue a letter of intent under paragraph
(1)only if— > > > ##### “(A) > > the sponsor notifies the Secretary, before the project begins, of the intent of the sponsor to carry out the project and requests a letter of intent; and > > > ##### “(B) > > the sponsor agrees to comply with all statutory and administrative requirements that would apply to the project if it were carried out with amounts made available under this subchapter. > > > #### “(6) Assessment > > In reviewing a request for a letter of intent under this subsection, the Secretary shall consider the grant history of an airport, the enplanements or operations of an airport, and such other factors as the Secretary determines appropriate. > > > #### “(7) Prioritization > > In issuing letters of intent under this subsection, the Secretary shall— > > > ##### “(A) > > prioritize projects that— > > > ###### “(i) > > cannot reasonably be funded by an airport sponsor using funds apportioned under section 47114(c), 47114(d)(2)(A), or 47114(d)(6), including funds apportioned under such sections in multiple fiscal years pursuant to section 47117(b)(1); and > > > ###### “(ii) > > are necessary to the continued safe operation or development of an airport; and > > > ##### “(B) > > structure the reimbursement schedules under such letters in a manner that minimizes unnecessary or undesirable project segmentation. > > > #### “(8) No obligation or commitment > > > ##### “(A) In general > > A letter of intent issued under this subsection is not an obligation of the Government under section 1501 of title 31, and the letter is not deemed to be an administrative commitment for financing. > > > ##### “(B) Obligation or commitment > > An obligation or administrative commitment may be made only as amounts are provided in authorization and appropriation Acts. > > > #### “(9) Limitation on statutory construction > > Nothing in this section shall be construed to prohibit the obligation of amounts pursuant to a letter of intent under this subsection in the same fiscal year as the letter of intent is issued.” > . ###
(b)Conforming Amendments ####
(1)Letters of intent Section 47110(e)(7) of title 49, United States Code, is amended by striking “under this section” and inserting “under this subsection”. ####
(2)Priority for letters of intent Section 47115(h) of title 49, United States Code, is amended by inserting “prior to fulfilling intentions to obligate under section 47110(i)” after “section 47110(e)”.