§ 47114. Apportionments

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(a)Definition.— In this section, “amount subject to apportionment” means the amount newly made available under section 48103 of this title for a fiscal year.

(b)Apportionment Date.— On the first day of each fiscal year, the Secretary of Transportation shall apportion the amount subject to apportionment for that fiscal year as provided in this section.

(c)Amounts Apportioned to Sponsors.—

(1)Primary and commercial service airports.—

(A)Primary airport apportionment.— The Secretary shall apportion to the sponsor of each primary airport for each fiscal year an amount equal to—

(i)$15.60 for each of the first 50,000 passenger boardings at the airport during the prior calendar year;

(ii)$10.40 for each of the next 50,000 passenger boardings at the airport during the prior calendar year;

(iii)$5.20 for each of the next 400,000 passenger boardings at the airport during the prior calendar year;

(iv)$1.30 for each of the next 500,000 passenger boardings at the airport during the prior calendar year; and

(v)$1.00 for each additional passenger boarding at the airport during the prior calendar year.

(B)Minimum and maximum apportionments.— Not less than $1,300,000 nor more than $22,000,000 may be apportioned under subparagraph

(A)to an airport sponsor for a primary airport for each fiscal year.

(C)New airport.— Notwithstanding subparagraph (A), the Secretary shall apportion in the first fiscal year following the official opening of a new airport with scheduled passenger air transportation an amount equal to $1,300,000 to the sponsor of such airport.

(D)Nonprimary commercial service airport apportionment.—

(i)In general.— The Secretary shall apportion to each commercial service airport that is not a primary airport an amount equal to—

(I)$60 for each of the first 2,500 passenger boardings at the airport during the prior calendar year; and

(II)$153.33 for each of the next 7,499 passenger boardings at the airport during the prior calendar year.

(ii)Applicability.— Paragraphs

(4)and

(5)of subsection

(d)shall apply to funds apportioned under this subparagraph.

(E)Public airports with military use.— Notwithstanding any other provision of law, a public airport shall be considered a primary airport in each of fiscal years 2025 through 2028 for purposes of this chapter if such airport was—

(i)designated as a primary airport in fiscal year 2017; and

(ii)in use by an air reserve station in the calendar year used to calculate apportionments to airport sponsors in a fiscal year.

(F)Special rule for fiscal year 2024.— Notwithstanding any other provision of this paragraph or the absence of scheduled passenger service at an airport, the Secretary shall apportion in fiscal year 2024 to the sponsor of an airport an amount based on the number of passenger boardings at the airport during whichever of the following years that would result in the highest apportioned amount under this paragraph:

(i)Calendar year 2018.

(ii)Calendar year 2019.

(iii)The prior full calendar year prior to fiscal year 2024.

(2)Cargo airports.—

(A)Apportionment.— Subject to subparagraph (D), the Secretary shall apportion an amount equal to 4 percent of the amount subject to apportionment each fiscal year to the sponsors of airports served by aircraft providing air transportation of only cargo with a total annual landed weight of more than 25,000,000 pounds.

(B)Suballocation formula.— Any funds apportioned under subparagraph

(A)to sponsors of airports described in subparagraph

(A)shall be allocated among those airports in the proportion that the total annual landed weight of aircraft described in subparagraph

(A)landing at each of those airports bears to the total annual landed weight of those aircraft landing at all those airports.

(C)Distribution to other airports.— Before apportioning amounts to the sponsors of airports under subparagraph

(A)for a fiscal year, the Secretary may set-aside a portion of such amounts for distribution to the sponsors of other airports, selected by the Secretary, that the Secretary finds will be served primarily by aircraft providing air transportation of only cargo.

(D)Determination of landed weight.— Landed weight under this paragraph is the landed weight of aircraft landing at each airport described in subparagraph

(A)during the prior calendar year.

(d)Amounts Apportioned for General Aviation Airports.—

(1)Definitions.— In this subsection, the following definitions apply:

(A)Area.— The term “area” includes land and water.

(B)Population.— The term “population” means the population stated in the latest decennial census of the United States.

(2)Apportionment.— In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, rather than making an apportionment under paragraph (2), the Secretary shall apportion 25 percent of the amount subject to apportionment for each fiscal year as follows:

(A)To each airport, excluding commercial service airports but including reliever airports, in States the lesser of—

(i)$150,000; or

(ii)⅕ of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103.

(B)Any remaining amount to States as follows:

(i)0.62 percent of the remaining amount to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands.

(ii)Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding commercial service airports but including reliever airports, in States not named in clause

(i)in the proportion that the population of each of those States bears to the total population of all of those States.

(iii)Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding commercial service airports but including reliever airports, in States not named in clause

(i)in the proportion that the area of each of those States bears to the total area of all of those States.

(C)An airport that has previously been listed as unclassified under the national plan of integrated airport systems that has reestablished the classified status of such airport as of the date of apportionment shall be eligible to accrue apportionment funds pursuant to subparagraph

(A)so long as such airport retains such classified status.

(3)Airports in noncontiguous states and territories.—

(A)Alaska, puerto rico, and hawaii.— An amount apportioned under this subsection to Alaska, Puerto Rico, or Hawaii for airports in such State may be made available by the Secretary for any public airport in those respective jurisdictions.

(B)Other territories.— An amount apportioned under paragraph (2)(B)(i) may be made available by the Secretary for any public-use airport in Guam, American Samoa, the Northern Mariana Islands, or the Virgin Islands if the Secretary determines that there are insufficient qualified grant applications for projects at airports that are otherwise eligible for funding under that paragraph. The Secretary shall prioritize the use of such amounts in the territory the amount was originally apportioned in.

(4)Use of state highway specifications.— The Secretary shall use the highway specifications of a State for airfield pavement construction and improvement using funds made available under this subsection or subsection (c)(1)(D) at nonprimary airports serving aircraft that do not exceed 60,000 pounds gross weight if—

(A)such State requests the use of such specifications; and

(B)the Secretary determines that—

(i)safety will not be negatively affected; and

(ii)the life of the pavement, with necessary maintenance and upkeep, will not be shorter than it would be if constructed using Administration standards.

(5)Integrated airport system planning.— Notwithstanding any other provision of this section, funds made available under this subsection or subsection (c)(1)(D) may be used for integrated airport system planning that encompasses one or more primary airports.

(6)Eligibility to receive primary airport minimum apportionment amount.— Notwithstanding any other provision of this subsection, the Secretary may apportion to an airport sponsor in a fiscal year an amount equal to the minimum apportionment available under subsection (c)(1)(B) if the Secretary finds that the airport—

(A)received scheduled or unscheduled air service from a large certificated air carrier (as defined in part 241 of title 14, Code of Federal Regulations, or such other regulations as may be issued by the Secretary under the authority of section 41709) in the calendar year used to calculate the apportionment; and

(B)had more than 10,000 passenger boardings in the calendar year used to calculate the apportionment.

(e)Supplemental Apportionment for Alaska.—

(1)In general.— Notwithstanding subsections

(c)and

(d)of this section, the Secretary may apportion amounts for airports in Alaska in the way in which amounts were apportioned in the fiscal year ending September 30, 1980, under section 15(a) of the Act. However, in apportioning amounts for a fiscal year under this subsection, the Secretary shall apportion—

(A)for each primary airport at least as much as would be apportioned for the airport under subsection (c)(1) of this section; and

(B)a total amount at least equal to the minimum amount required to be apportioned to airports in Alaska in the fiscal year ending September 30, 1980, under section 15(a)(3)(A) of the Act.

(2)Authority for discretionary grants.— This subsection does not prohibit the Secretary from making project grants for airports in Alaska from the discretionary fund under section 47115 of this title.

(3)Airports eligible for funds.— An amount apportioned under this subsection may be used for any public airport in Alaska.

(4)Special rule.— In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, the amount that may be apportioned for airports in Alaska under paragraph

(1)shall be increased by doubling the amount that would otherwise be apportioned.

(f)Reducing Apportionments.—

(1)In general.— Subject to paragraph (3), an amount that would be apportioned under this section (except subsection (c)(2)) in a fiscal year to the sponsor of a medium or large hub airport for which a charge is imposed in the fiscal year under section 40117 of this title shall be reduced by an amount equal to—

(A)in the case of a charge of $3.00 or less—

(i)except as provided in clause (ii), 40 percent of the projected revenues from the charge in the fiscal year but not by more than 40 percent of the amount that otherwise would be apportioned under this section; or

(ii)with respect to an airport in Hawaii, 40 percent of the projected revenues from the charge in the fiscal year but not by more than 40 percent of the excess of—

(I)the amount that otherwise would be apportioned under this section; over

(II)the amount equal to the amount specified in subclause

(I)multiplied by the percentage of the total passenger boardings at the applicable airport that are comprised of interisland passengers; and

(B)in the case of a charge of more than $3.00—

(i)except as provided in clause (ii), 60 percent of the projected revenues from the charge in the fiscal year but not by more than 60 percent of the amount that otherwise would be apportioned under this section; or

(ii)with respect to an airport in Hawaii, 60 percent of the projected revenues from the charge in the fiscal year but not by more than 60 percent of the excess of—

(I)the amount that otherwise would be apportioned under this section; over

(II)the amount equal to the amount specified in subclause

(I)multiplied by the percentage of the total passenger boardings at the applicable airport that are comprised of interisland passengers.

(2)Effective date of reduction.—

(A)New charge collection.— A reduction in an apportionment under paragraph

(1)shall not take effect until the first fiscal year following the year in which the collection of the charge imposed under section 40117 has begun.

(B)New categorization.— A reduction in an apportionment under paragraph

(1)shall only be applied to an airport if such airport has been designated as a medium or large hub airport for 3 consecutive years.

(g)Supplemental Apportionment for Puerto Rico and United States Territories.— The Secretary shall apportion amounts for airports in Puerto Rico and all other United States territories in accordance with this section. This subsection does not prohibit the Secretary from making project grants for airports in Puerto Rico or other United States territories from the discretionary fund under section 47115.

(Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1268; Pub. L. 103–429, § 6(66), Oct. 31, 1994, 108 Stat. 4386; Pub. L. 104–264, title I, § 121, Oct. 9, 1996, 110 Stat. 3217; Pub. L. 106–181, title I, §§ 104(a)–(d), 105(c), Apr. 5, 2000, 114 Stat. 67–71; Pub. L. 108–176, title I, §§ 146, 147, Dec. 12, 2003, 117 Stat. 2504; Pub. L. 109–115, div. A, title I, § 109, Nov. 30, 2005, 119 Stat. 2402; Pub. L. 112–95, title I, §§ 111(c)(2)(A)(iii), 141–143, Feb. 14, 2012, 126 Stat. 18, 28, 29;

Pub. L. 114–190, title II, § 2301, July 15, 2016, 130 Stat. 638; Pub. L. 115–63, title I, § 102(b), Sept. 29, 2017, 131 Stat. 1169; Pub. L. 115–254, div. B, title I, §§ 136, 148(b), 151, 164, Oct. 5, 2018, 132 Stat. 3210, 3214, 3215, 3225; Pub. L. 116–260, div. L, title IV, § 422, Dec. 27, 2020, 134 Stat. 1909; Pub. L. 118–15, div. B, title II, § 2201(e), Sept. 30, 2023, 137 Stat. 82; Pub. L. 118–34, title I, § 101(e), Dec. 26, 2023, 137 Stat. 1113; Pub. L. 118–41, title I, § 101(e), Mar. 8, 2024, 138 Stat. 21;

Pub. L. 118–63, title VII, §§ 712(a), (b), 713(a), May 16, 2024, 138 Stat. 1254, 1255, 1257.)

In subsection (a), the word “newly” is substituted for “and not previously apportioned” for clarity. The words “made available” are substituted for “authorized to be obligated” for clarity and consistency.

In subsection (c)(1)(A), the words “during the prior calendar year” are substituted for 49 App.:2206(b) for clarity.

In subsection (c)(2)(A), the word “cargo” is substituted for “property (including mail)” for consistency in the revised title.

In subsection (c)(3), the words “The total of all amounts apportioned under paragraphs

(1)and

(2)of this subsection may not be more than 44 percent of the amount subject to apportionment for a fiscal year” are substituted for 49 App.:2206(b)(2)(A) and (3)(A) for clarity and to eliminate unnecessary words. The words “If this paragraph requires reduction of an amount that otherwise would be apportioned under this subsection” are substituted for “In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)” for clarity.

In subsection (d)(2)(A), the words “the Commonwealth of” are omitted as surplus.

In subsection (d)(2)(B) and (C), the words “except as provided in paragraph

(3)of this subsection” are added, and the words “49.5 percent of the apportioned amount” are substituted for “1/2 of the remaining 99 percent”, for clarity.

In subsection (d)(3), before clause (A), the words “Notwithstanding subsection (a)(3)(B) of this section” are omitted as surplus.

In subsection (e)(1), before clause (A), the words “Instead of apportioning amounts for airports in Alaska under subsections

(c)and

(d)of this section” are substituted for “Notwithstanding any other provision of subsection

(a)of this section” for clarity.

In subsection (e)(2), the words “be construed as” are omitted as surplus.

In subsection (f), the words “which, but for this paragraph, would be” the first time they appear are omitted as surplus. The words “but not by more than” are substituted for “The maximum reduction in an apportionment to a sponsor of an airport as a result of this paragraph in a fiscal year shall be” to eliminate unnecessary words.

Pub. L. 103–429

Revision notes for 49:47114(c)(3)(A) are included to reflect changes made for clarity and to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103–272, 108 Stat. 1269).

In subsection (c)(3)(A) and (B), the words “If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection” are substituted for “In any case in which apportionments in a fiscal year would be reduced by subparagraph (A)” for clarity.

In subsection (c)(3)(A), the words “Except as provided in subparagraph

(B)of this paragraph” are added for clarity. The words “the total of all amounts apportioned under paragraphs

(1)and

(2)of this subsection may not be more than 49.5 percent of the amount subject to apportionment for a fiscal year” are substituted for 49 App.:2206(b)(2)(A), as in effect on July 4, 1994, for clarity and to eliminate unnecessary words.

In subsection (c)(3)(B), the words “the total of all amounts apportioned under paragraphs

(1)and

(2)of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year” are substituted for 49 App.:2206(b)(3)(A), as in effect on July 4, 1994, for clarity and to eliminate unnecessary words.