Page:United States Statutes at Large Volume 108 Part 2.djvu/539

 PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1255 (i) the State has not approved any applicable State or local standards; and (ii) the Administrator has prescribed applicable standards; and (C) if the application is found to have a significant adverse effect on natural resources, including fish and wildlife, natural, scenic, and recreation assets, water and air quality, or another factor affecting the environment, only after finding that no possible and prudent alternative to the project exists and that every reasonable step has been taken to minimize the adverse effect. (2) The Secretary may approve an application under this subchapter for an airport development project that does not involve the location of an airport or runway, or a major runway extension, at an existing airport without requiring an environmental impact statement related to noise for the project if— (A) completing the project would allow operations at the airport involving aircraft complying with the noise standards prescribed for "stage 2" aircraft in section 36.1 of title 14, Code of Federal Regulations, to replace existing operations involving aircraft that do not comply with those standards; and (B) the project meets the other requirements under this subchapter. (3) At the Secretary's request, the sponsor shall give the Secretary a copy of the transcript of any hearing held under paragraph (1)(A) of this subsection. (4)(A) Notice of certification or of refusal to certify under paragraph (1)(B) of this subsection shall be provided to the Secretary not later than 60 days after the Secretary receives the application. (B) The Secretary shall condition approval of the application on compliance with the applicable standards during construction and operation. (5) The Secretary may make a finding under paragraph (1)(C) of this subsection only after completely reviewing the matter. The review and finding must be a matter of public record. (d) GENERAL AVIATION AIRPORT PROJECT GRANT APPLICATION APPROVAL. —(1) In this subsection, "general aviation airport" means a public airport that is not an air carrier airport. (2) The Secretary may approve an application under this subchapter for an airport development project included in a project grant application involving the construction or extension of a runway at a general aviation airport located on both sides of a boundary line separating 2 counties within a State only if, before the application is submitted to the Secretary, the project is approved by the governing body of each village incorporated under the laws of the State and located entirely within 5 miles of the nearest boundary of the airport. (e) WITHHOLDING APPROVAL. — (1) The Secretary may withhold approval of an application under this subchapter for amounts apportioned under section 47114(c) and (e) of this title for violating an assurance or requirement of this subchapter only if— (A) the Secretary provides the sponsor an opportunity for a hearing; and (B) not later than 180 days after the later of the date of the application or the date the Secretary discovers the noncompliance, the Secretary finds that a violation has occurred.

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