Sec. 425. RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED TO BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR SERVICE

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## SEC. 425 RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED TO BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR SERVICE Section 41733 is further amended by adding at the end the following: > > ### “(g) Proposals of State and Local Governments to Restore Eligibility > > > #### “(1) In general > > If the Secretary, after the date of enactment of this subsection, ends payment of compensation to an air carrier for providing basic essential air service to an eligible place because the Secretary has determined that providing such service requires a rate of subsidy per passenger in excess of the subsidy cap or that the place is no longer an eligible place pursuant to section 41731(a)(1)(B), a State or local government may submit to the Secretary a proposal for restoring compensation for such service.

Such proposal shall be a joint proposal of the State or local government and an air carrier. > > > #### “(2) Determination by secretary > > The Secretary shall issue an order restoring the eligibility of the otherwise eligible place to receive basic essential air service by an air carrier for compensation under subsection

(c)if— > > > ##### “(A) > > a State or local government submits to the Secretary a proposal under paragraph (1); and > > > ##### “(B) > > the Secretary determines that— > > > ###### “(i) > > the rate of subsidy per passenger under the proposal does not exceed the subsidy cap; > > > ###### “(ii) > > the proposal is likely to result in an average number of enplanements per day that will satisfy the requirement in section 41731(a)(1)(B); and > > > ###### “(iii) > > the proposal is consistent with the legal and regulatory requirements of the essential air service program. > > > ### “(h) Subsidy Cap Defined > > In this section, the term ‘subsidy cap’ means the subsidy-per-passenger cap established by section 332 of the Department of Transportation and Related Agencies Appropriations Act, 2000 (Public Law 106-69; 113 Stat. 1022).” > .

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Pub. L. 106-69
113 Stat. 1022

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Sec. 425

RESTORATION OF ELIGIBILITY TO A PLACE DETERMINED TO BE INELIGIBLE FOR SUBSIDIZED ESSENTIAL AIR SERVICE

Pub. L.Pub. L. 106-69

Stat.113 Stat. 1022

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