Page:United States Statutes at Large Volume 108 Part 2.djvu/554

 108 STAT. 1270 PUBLIC LAW 103-272—JULY 5, 1994 (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) 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 referred to in this subsection include those public airports that received scheduled service as of September 3, 1982, but were not apportioned amounts in the fiscal year ending September 30, 1980, under section 15(a) of the Act because the airports were not under the control of a State or local public agency. (0 REDUCING APPORTIONMENTS.— An amount that would be apportioned under this section (except subsection (c)(2)) in a fiscal year to the sponsor of an airport having at least.25 percent of the total number of boardings each year in the United States and for which a fee is imposed in the fiscal year under section 40117 of this title shall be reduced by an amount equal to 50 percent of the projected revenues from the fee in the fiscal year but not by more than 50 percent of the amount that otherwise would be apportioned under this section. §47115. Discretionary fund (a) EXISTENCE AND AMOUNTS IN FuND.The Secretary of Transportation has a discretionary fund. The fund consists of— (1) amounts subject to apportionment for a fiscal year that are not apportioned under section 47114(c)-(e) of this title; and (2) 25 percent of amounts not apportioned under section 47114 of this title because of section 47114(f). (b) AVAILABILITY OF AMOUNTS.— Subject to subsection (c) of this section and section 47117(e) of this title, the fund is available for making grants for any purpose for which amounts are made available under section 48103 of this title that the Secretary considers most appropriate to carry out this subchapter. However, 50 percent of amounts not apportioned under section 47114 of this title because of section 47114(f) and added to the fund is available for making grants for projects at small hub airports (as defined in section 41731 of this title). (c) MINIMUM PERCENTAGE FOR PRIMARY AND RELIEVER AIR- PORTS. —At least 75 percent of the amount in the fund and distributed by the Secretary in a fiscal year shall be used for making grants— (1) to preserve and enhance capacity, safety, and security at primary and reliever airports; and (2) to carry out airport noise compatibility planning and programs at primary and reliever airports. (d) CONSIDERATIONS.— In selecting a project for a grant to preserve and enhance capacity as described in subsection (c)(1) of this section, the Secretary shall consider— (1) the effect the project will have on the overall national air transportation system capacity; (2) the project benefit and cost; and

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