Page:United States Statutes at Large Volume 108 Part 2.djvu/548

 108 STAT. 1264 PUBLIC LAW 103-272—JULY 5, 1994 §47109. United States Government's share of project costs (a) GENERAL.—Except as provided in subsections (b) and (c) of this section, the United States Government's share of allowable project costs is— (1) 75 percent for a project at a primary airport having at least.25 percent of the total number of passenger boardings each year at all commercial service airports; and (2) 90 percent for a project at any other airport. (b) INCREASED GOVERNMENT SHARE.— If, under subsection (a) of this section, the Government's share of allowable costs of a project in a State containing unappropriated and unreserved public lands and nontaxable Indian lands (individual and tribal) of more than 5 percent of the total area of all lands in the State, is less than the share applied on June 30, 1975, under section 17(b) of the Airport and Airway Development Act of 1970, the Government's share under subsection (a) of this section shall be increased by the lesser of— (1) 25 percent; (2) one-half of the percentage that the area of unappropriated and unreserved public lands and nontaxable Indian lands in the State is of the total area of the State; or (3) the percentage necessary to increase the Government's share to the percentage that applied on June 30, 1975, under section 17(b) of the Act. (c) LIMITATION.—Notwithstanding subsections (a) and (b) of this section, the Government's share of project costs allowable under section 47110(d) of this title may not be more than 75 percent, except that the Government's share shall be 85 percent for a project at a commercial service airport that does not have more tnan .0 5 percent of the total annual passenger boardings in the United States. §47110. Allowable project costs (a) GENERAL AUTHORITY, —Except as provided in section 47111 of this title, the United States Government may pay or be obligated to pay, from amounts appropriated to carry out this subchapter, a cost incurred in carrying out a project under this subchapter only if the Secretary of Transportation decides the cost is allowable. (b) ALLOWABLE COST STANDARDS. —A project cost is allowable— (1) if the cost necessarily is incurred in carrying out the project in compliance with the grant agreement made for the project under this subchapter, including any cost a sponsor incurs related to an audit the Secretary requires under section 47121(b) or (d) of this title; (2) if the cost is incurred— (A) after the grant agreement is executed and is for airport development or airport planning carried out sifter the grant agreement is executed; or (B) after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as part of a Government-approved noise compatibility program (including project formulation costs) and is consistent with all applicable statutory and administrative requirements; (3) to the extent the cost is reasonable in amount; (4) if the cost is not incurred in a project for airport development or airport planning for which other Government assistance has been granted; and

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