Sec. 743. REVIEW OF AIRPORT LAYOUT PLANS
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## SEC. 743 REVIEW OF AIRPORT LAYOUT PLANS ###
(a)In General **[**[49 U.S.C. 47101 note](/us/usc/t49/s47101)**]** Section 163 of the FAA Reauthorization Act of 2018 (49 U.S.C. 47107 note) is amended— ####
(1)by striking subsection
(a)and inserting the following: > > ### “(a) > > [Reserved].” > ; and ####
(2)by striking subsection
(b)and inserting the following: > > ### “(b) > > [Reserved].” > . ###
(b)Airport Layout Plan Approval Authority Section 47107 of title 49, United States Code, is amended— ####
(1)in subsection (a)(16)— #####
(A)by striking subparagraph
(B)and inserting the following: > > ##### “(B) > > subject to subsection (x), the Secretary will review and approve or disapprove the plan and any revision or modification of the plan before the plan, revision, or modification takes effect;” > ; and #####
(B)in subparagraph (C)(i) by striking “subparagraph (B)” and inserting “subsection (x)”; and ####
(2)by adding at the end the following: > > ### “(x) Scope of Airport Layout Plan Review and Approval Authority of Secretary > > > #### “(1) Authority over projects on land acquired without federal assistance > > For purposes of subsection (a)(16)(B), with respect to any project proposed on land acquired by an airport owner or operator without Federal assistance, the Secretary may review and approve or disapprove only the portions of the plan (or any subsequent revision to the plan) that— > > > ##### “(A) > > materially impact the safe and efficient operation of aircraft at, to, or from the airport; > > > ##### “(B) > > adversely affect the safety of people or property on the ground as a result of aircraft operations; or > > > ##### “(C) > > adversely affect the value of prior Federal investments to a significant extent. > > > #### “(2) Limitation on non-aeronautical review > > > ##### “(A) In general > > The Secretary may not require an airport to seek approval for (including in the submission of an airport layout plan), or directly or indirectly regulate or place conditions on (including through any grant assurance), any project that is not subject to paragraph (1). > > > ##### “(B) Review and approval authority > > If only a portion of a project proposed by an airport owner or operator is subject to the review and approval of the Secretary under subsection (a)(16)(B), the Secretary shall not extend review and approval authority to other non-aeronautical portions of the project. > > > #### “(3) Notice > > > ##### “(A) In general > > An airport owner or operator shall submit to the Secretary a notice of intent to proceed with a proposed project (or a portion thereof) that is outside of the review and approval authority of the Secretary, as described in this subsection, if the project was not on the most recently submitted airport layout plan of the airport. > > > ##### “(B) Failure to object > > If not later than 45 days after receiving the notice of intent described in subparagraph (A), the Secretary fails to object to such notice, the proposed project (or portion thereof) shall be deemed as being outside the scope of the review and approval authority of the Secretary under subsection (a)(16)(B).” > .
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