Page:United States Statutes at Large Volume 104 Part 2.djvu/765

 PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-357 system would enhance airport and air traffic control system capacity in major metropolitan areas and reduce current and projected flight delays. "(4) PERIOD OF ELIGIBILITY.—An airport designated by the Secretary under this subsection shall remain eligible to participate in the program under subsection (d)(5) and this subsection for the 5 fiscal years following such designation. An airport that does not attain a level of enplaned passengers during such 5 flscal year period which qualifies it as a small hub airport as defined as of January 1, 1990, or reliever airport may be redesignated by the Secretary for participation in the program for such additional fiscal years as may be determined by the Secretary. "(5) ADDITIONAL FUNDING. —Notwithstanding the provisions of section 513(b), not to exceed $5,000,000 per airport of the sums to be distributed at the discretion of the Secretary under section 507(c) for any fiscal year may be used by the sponsor of a current or former military airport designated by the Secretary under this subsection for construction, improvement, or repair of terminal building facilities, including terminal gates used by aircraft for enplaning and deplaning revenue passengers. Under no circumstances shall any gates constructed, improved, or repaired with Federal funding under this paragraph be subject to long-term leases for periods exceeding 10 years or majority in interest clauses.". SEC. 9110. PASSENGER FACILITY CHARGES. Section 1113 of the Federal Aviation Act of 1958 (49 U.S.C. App. 1513) is amended— (1) in subsection (a) by inserting "except as provided in subsection (e) and" before "except that'^ and (2) by adding at the end the following new subsection: "(e) AUTHORITY FOR IMPOSITION OF PASSENGER FACILITY CHARGES. — "(1) IN GENERAL.—Subject to the provisions of this subsection, the Secretary may grant a public agency which controls a commercial service airport authority to impose a fee of $1.00, $2.00, or $3.00 for each paying passenger of an air carrier enplaned at such airport to finance eligible airport-related projects to be carried out in connection with such airport or any other airport which such agency controls. For purposes of this subsection, financing an eligible airport-related project includes making payments for debt service on bonds and other indebtedness incurred to carry out such project. " (2) USE OF REVENUES AND RELATIONSHIP BETWEEN FEES AND REVENUES. —The Secretary may grant a public agency which controls a commercial service airport authority to impose a fee under this subsection to finance specific projects only if the Secretary finds, on the basis of an application submitted for such authority— "(A) that the amount and duration of the proposed fee will result in revenues (including interest and other returns on such revenues) which do not exceed amounts necessary to finance the specific projects; and "(B) that each of the specific projects is an eligible airport-related project which will— "(i) preserve or enhance capacity, safety, or security of the national siir transportation system,

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