Page:United States Statutes at Large Volume 108 Part 5.djvu/896

 108 STAT. 4386 PUBLIC LAW 103-429—OCT. 31, 1994 "(2)(A) if the cost is incurred after the grant agreement is executed and is for airport development or airport planning carried out after the grant agreement is executed; "(B) if the cost is incurred after June 1, 1989, by the airport operator (regardless of when the grant agreement is executed) as part of a Government-approved noise compatability program (including project formulation costs) and is consistent with all applicable statutory and administrative requirements; or "(C) if the Government's share is paid only with amounts apportioned under section 47114(c)(1)(A) and (2) of this title and if the cost is incurred— "(i) during the fiscal year ending September 30, 1994; "(ii) before a grant agreement is executed for the project but according to an airport layout plan the Secretary approves before the cost is incurred and all applicable statutory and administrative requirements that would apply to the project if the agreement had been executed; and "(iii) for work related to a project for which a grant agreement previously was executed during the fiscal year ending September 30, 1994;". (65) In section 47113(a)(2), strike "section 8(c) of the Act (15 U.S.C. 637(c))" and "under section 8(c)" and substitute "section 8(d) of the Act (15 U.S.C. 637(d))" and "under section 8(d)", respectively. (66) Section 47114(c) is amended as follows: (A) in paragraph (1)(B), strike "$400,000" and substitute " $500,000 ". (B) In paragraph (3)— (i) insert "(A)" after "(3)"; (ii) strike "The" and substitute "Except as provided in subparagraph (B) of this paragraph, the"; (iii) strike "44" each place it appears and substitute " 49.5"; (iv) strike "paragraph" and substitute "subparagraph"; and (v) insert after subparagraph (A) the following new subparagraph: "(B) If a law limits the amount subject to apportionment to less than $1,900,000,000 for a fiscal year, the total of all amounts apportioned under paragraphs (1) and (2) of this subsection may not be more than 44 percent of the amount subject to apportionment for that fiscal year. If this subparagraph requires reduction of an amount that otherwise would be apportioned under this subsection, the Secretary shall reduce proportionately the amount apportioned to each sponsor of an airport under paragraphs (1) and (2) until the 44 percent limit is achieved.". (67) Section 47115 is amended by adding at the end the following: "(f) MINIMUM AMOUNT To BE CREDITED.— (1) In a fiscal year, at least $325,000,000 of the amount made available under section 48103 of this title shall be credited to the fund. The amount credited is exclusive of amounts that have been apportioned in a prior fiscal year under section 47114 of this title and that remain available for obligation. "(2) In a fiscal year in which the amount credited under subsection (a) of this section is less than $325,000,000, the total amount

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