Page:United States Statutes at Large Volume 108 Part 2.djvu/459

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1175 graph (1) and be organized to allow comparison with the plan in effect for the prior fiscal year. § 44502. General facilities and personnel authority (a) GENERAL AUTHORITY. — (1) The Administrator of the Federal Aviation Administration may— (A) acquire, establish, improve, operate, and maintain air navigation facilities; and (B) provide facilities and personnel to regulate and protect air traffic. (2) The cost of site preparation work associated with acquiring, establishing, or improving an air navigation facility under paragraph (1)(A) of this subsection shall be charged to amounts available for that purpose appropriated under section 48101(a) of this title. The Secretary of Transportation may make an agreement with an airport owner or sponsor (as defined in section 47102 of this title) so that the owner or sponsor will provide the work and be paid or reimbursed by the Secretary from the appropriated amounts. (3) The Secretary of Transportation may authorize a department, agency, or instrumentality of the United States Government to carry out any duty or power under this subsection with the consent of the head of the department, agency, or instrumentality. (b) CERTIFICATION OF NECESSITY. — Except for Government money expended under this part or for a military purpose, money may be expended to acquire, establish, construct, operate, repair, alter, or maintain an air navigation facility only if the Administrator of the Federal Aviation Administration certifies in writing that i the facility is reasonably necessary for use in air commerce or for the national defense. An interested person may apply for a certificate for a facility to be acquired, established, constructed, operated, repaired, altered, or maintained by or for the person. (c) ENSURING CONFORMITY WITH PLANS AND POLICIES. — <1) To ensure that conformity with plans and policies for, and allocation of, airspace by the Administrator of the Federal Aviation Administration under section 40103(b)(1) of this title, a military airport, military landing area, or missile or rocket site may be acquired, established, or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator of the Federal Aviation Administration may advise the appropriate committees of Congress and interested departments, agencies, and instrumentalities of the Government on the effect of the acquisition, establishment, construction, or alteration on the use of airspace by aircraft. A disagreement between the Administrator of the Federal Aviation Administration and the Secretary of Defense or the Administrator of the National Aeronautics and Space Administration may be appealed to the President for a final decision. (2) To ensure conformity, an airport or landing area not involving the expenditure of Government money may be established or constructed, or a runway may be altered substantially, only if the Administrator of the Federal Aviation Administration is given reasonable prior notice so that the Administrator may provide advice on the effects of the establishment, construction, or alteration on the use of airspace by aircraft. (d) PUBLIC USE AND EMERGENCY ASSISTANCE. — (1) The head of a department, agency, or instrumentality of the Government

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