Page:United States Statutes at Large Volume 117.djvu/2523

 117 STAT. 2504

PUBLIC LAW 108–176—DEC. 12, 2003

SEC. 145. CLARIFICATION OF ALLOWABLE PROJECT COSTS.

Section 47110(b)(1) is amended by inserting before the semicolon at the end ‘‘and any cost of moving a Federal facility impeding the project if the rebuilt facility is of an equivalent size and type’’. SEC. 146. APPORTIONMENTS TO PRIMARY AIRPORTS.

(a) IN GENERAL.—Section 47114(c)(1) is amended by adding at the end the following: ‘‘(F) SPECIAL RULE FOR FISCAL YEARS 2004 AND 2005.— Notwithstanding subparagraph (A) and the absence of scheduled passenger aircraft service at an airport, the Secretary may apportion in fiscal years 2004 and 2005 to the sponsor of the airport an amount equal to the amount apportioned to that sponsor in fiscal year 2002 or 2003, whichever amount is greater, if the Secretary finds that— ‘‘(i) the passenger boardings at the airport were below 10,000 in calendar year 2002 or 2003; ‘‘(ii) the airport had at least 10,000 passenger boardings and scheduled passenger aircraft service in either calendar year 2000 or 2001; and ‘‘(iii) the reason that passenger boardings described in clause (i) were below 10,000 was the decrease in passengers following the terrorist attacks of September 11, 2001.’’. (b) SPECIAL RULE FOR TRANSITIONING AIRPORTS.—Section 47114(f)(3) is amended— (1) in the paragraph heading by striking ‘‘AIRORTS’’ and inserting ‘‘AIRPORTS’’; and (2) in subparagraph (B) by striking ‘‘fiscal years 2000 through 2003’’ and inserting ‘‘fiscal year 2004’’. SEC. 147. CARGO AIRPORTS.

Section 47114(c)(2) is amended— (1) in the paragraph heading by striking ‘‘ONLY’’; and (2) in subparagraph (A) by striking ‘‘3 percent’’ and inserting ‘‘3.5 percent’’. SEC. 148. CONSIDERATIONS IN MAKING DISCRETIONARY GRANTS.

Section 47115(d) is amended to read as follows: ‘‘(d) CONSIDERATIONS.— ‘‘(1) FOR CAPACITY ENHANCEMENT PROJECTS.—In selecting a project for a grant to preserve and improve capacity funded in whole or in part from the fund, the Secretary shall consider— ‘‘(A) the effect that the project will have on overall national transportation system capacity; ‘‘(B) the benefit and cost of the project, including, in the case of a project at a reliever airport, the number of operations projected to be diverted from a primary airport to the reliever airport as a result of the project, as well as the cost savings projected to be realized by users of the local airport system; ‘‘(C) the financial commitment from non-United States Government sources to preserve or improve airport capacity; ‘‘(D) the airport improvement priorities of the States to the extent such priorities are not in conflict with subparagraphs (A) and (B);

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