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Code · STATUTE-COMPILATIONS · FAA Modernization and Reform Act of 2012 · Sec. 138

Sec. 138. ALLOWABLE PROJECT COSTS

692 words·~3 min read·/statute-compilations/comps-9829/sec-138

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## SEC. 138 ALLOWABLE PROJECT COSTS ###
(a)Allowable Project Costs Section 47110(b)(2)(D) is amended to read as follows: > > ##### “(D) > > if the cost is for airport development and is incurred before execution of the grant agreement, but in the same fiscal year as execution of the grant agreement, and if— > > > ###### “(i) > > the cost was incurred before execution of the grant agreement because the airport has a shortened construction season due to climactic conditions in the vicinity of the airport; > > > ###### “(ii) > > the cost is in accordance with an airport layout plan approved by the Secretary and with all statutory and administrative requirements that would have been applicable to the project if the project had been carried out after execution of the grant agreement, including submission of a complete grant application to the appropriate regional or district office of the Federal Aviation Administration; > > > ###### “(iii) > > the sponsor notifies the Secretary before authorizing work to commence on the project; > > > ###### “(iv) > > the sponsor has an alternative funding source available to fund the project; and > > > ###### “(v) > > the sponsor’s decision to proceed with the project in advance of execution of the grant agreement does not affect the priority assigned to the project by the Secretary for the allocation of discretionary funds;” > . ###
(b)Inclusion of Measures to Improve Efficiency of Airport Buildings in Airport Improvement Projects Section 47110(b) is amended— ####
(1)in paragraph
(5)by striking “; and” and inserting a semicolon; ####
(2)in paragraph
(6)by striking the period at the end and inserting “; and”; and ####
(3)by adding at the end the following: > > #### “(7) > > if the cost is incurred on a measure to improve the efficiency of an airport building (such as a measure designed to meet one or more of the criteria for being considered a high-performance green building as set forth under section 401(13) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17061(13))) and— > > > ##### “(A) > > the measure is for a project for airport development; > > > ##### “(B) > > the measure is for an airport building that is otherwise eligible for construction assistance under this subchapter; and > > > ##### “(C) > > if the measure results in an increase in initial project costs, the increase is justified by expected savings over the life cycle of the project.” > . ###
(c)Relocation of Airport-Owned Facilities Section 47110(d) is amended to read as follows: > > ### “(d) Relocation of Airport-Owned Facilities > > The Secretary may determine that the costs of relocating or replacing an airport-owned facility are allowable for an airport development project at an airport only if— > > > #### “(1) > > the Government’s share of such costs will be paid with funds apportioned to the airport sponsor under section 47114(c)(1) or 47114(d); > > > #### “(2) > > the Secretary determines that the relocation or replacement is required due to a change in the Secretary’s design standards; and > > > #### “(3) > > the Secretary determines that the change is beyond the control of the airport sponsor.” > . ###
(d)Nonprimary Airports Section 47110(h) is amended— ####
(1)by inserting “construction” before “costs of revenue producing”; and ####
(2)by striking “, including fuel farms and hangars,”. ###
(e)Bird-Detecting Radar Systems Section 47110 is amended by adding at the end the following: > > ### “(i) Bird-Detecting Radar Systems > > The Administrator of the Federal Aviation Administration, upon the conclusion of all planned research by the Administration regarding avian radar systems, shall— > > > #### “(1) > > update Advisory Circular No. 150/5220-25 to specify which systems have been studied; and > > > #### “(2) > > within 180 days after such research is concluded, issue a final report on the use of avian radar systems in the national airspace system.” > .
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Sec. 138
ALLOWABLE PROJECT COSTS
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