Page:United States Statutes at Large Volume 117.djvu/2525

 117 STAT. 2506

PUBLIC LAW 108–176—DEC. 12, 2003 section 47114(d)(3)(A) for project costs allowable under section 47110(d).’’.

SEC. 150. USE OF APPORTIONED AMOUNTS.

The first sentence of section 47117(b) is amended by striking ‘‘primary airport’’ and all that follows through ‘‘calendar year’’ and inserting ‘‘nonhub airport or any airport that is not a commercial service airport’’. SEC. 151. INCREASE IN APPORTIONMENT FOR, AND FLEXIBILITY OF, NOISE COMPATIBILITY PLANNING PROGRAMS.

Section 47117(e)(1)(A) is amended— (1) by striking ‘‘At least 34 percent’’ and inserting ‘‘At least 35 percent’’; (2) by striking ‘‘of this title and’’ and inserting a comma; (3) by striking ‘‘of this title.’’ and inserting ‘‘, for noise mitigation projects approved in an environmental record of decision for an airport development project under this title, for compatible land use planning and projects carried out by State and local governments under section 47141, and for airport development described in section 47102(3)(F), 47102(3)(K), or 47102(3)(L) to comply with the Clean Air Act (42 U.S.C. 7401 et seq.).’’; and (4) by striking ‘‘34 percent requirement’’ and inserting ‘‘35 percent requirement’’. SEC. 152. PILOT PROGRAM FOR PURCHASE OF AIRPORT DEVELOPMENT RIGHTS.

(a) IN GENERAL.—Subchapter I of chapter 471 is amended by adding at the end the following: ‘‘§ 47138. Pilot program for purchase of airport development rights ‘‘(a) IN GENERAL.—The Secretary of Transportation shall establish a pilot program to support the purchase, by a State or political subdivision of a State, of development rights associated with, or directly affecting the use of, privately owned public use airports located in that State. Under the program, the Secretary may make a grant to a State or political subdivision of a State from funds apportioned under section 47114 for the purchase of such rights. ‘‘(b) GRANT REQUIREMENTS.— ‘‘(1) IN GENERAL.—The Secretary may not make a grant under subsection (a) unless the grant is made— ‘‘(A) to enable the State or political subdivision to purchase development rights in order to ensure that the airport property will continue to be available for use as a public airport; and ‘‘(B) subject to a requirement that the State or political subdivision acquire an easement or other appropriate covenant requiring that the airport shall remain a public use airport in perpetuity. ‘‘(2) MATCHING REQUIREMENT.—The amount of a grant under the program may not exceed 90 percent of the costs of acquiring the development rights. ‘‘(c) GRANT STANDARDS.—The Secretary shall prescribe standards for grants under subsection (a), including— ‘‘(1) grant application and approval procedures; and

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