Page:United States Statutes at Large Volume 117.djvu/2567

 117 STAT. 2548

Deadline.

Termination date. 49 USC 41748 note.

PUBLIC LAW 108–176—DEC. 12, 2003

(1) consulting with the Governor of a State or the Governor’s designee; and (2) considering the certification of the Governor of a State or the Governor’s designee as to the most commonly used route. (c) ELIGIBILITY DETERMINATION.—Not later than 60 days after receiving a request under subsection (a), the Secretary shall— (1) determine whether the eligible place would have been subject to an elimination of compensation eligibility for essential air service, or termination of the eligibility of such place for essential air service, under the provisions of law referred to in subsection (a) based on the determination of the highway mileage of such place from the nearest medium hub airport or large hub airport under subsection (b); and (2) issue a final order with respect to the eligibility of such place for essential air service compensation under subchapter II of chapter 417 of title 49, United States Code. (d) LIMITATION ON PERIOD OF FINAL ORDER.—A final order issued under subsection (c) shall terminate on September 30, 2007. SEC. 410. INCENTIVE PROGRAM.

(a) PURPOSES.—The purposes of this section are— (1) to enable essential air service communities to increase boardings and the level of passenger usage of airport facilities at an eligible place by providing technical, financial, and other marketing assistance to such communities and to States; (2) to reduce subsidy costs under subchapter II of this chapter as a consequence of such increased usage; and (3) to provide such communities with opportunities to obtain, retain, and improve transportation services. (b) MARKETING PROGRAM.—Subchapter II of chapter 417 is further amended by adding at the end the following: ‘‘§ 41748. Marketing program ‘‘(a) IN GENERAL.—The Secretary of Transportation shall establish a marketing incentive program for eligible places that receive subsidized service by an air carrier under section 41733. Under the program, the sponsor of the airport serving such an eligible place may receive a grant of not more than $50,000 in a fiscal year to develop and implement a marketing plan to increase passenger boardings and the level of passenger usage of its airport facilities. ‘‘(b) MATCHING REQUIREMENT; SUCCESS BONUSES— ‘‘(1) IN GENERAL.—Except as provided in paragraphs (2) and (3), not less than 25 percent of the publicly financed costs associated with a marketing plan to be developed and implemented under this section shall come from non-Federal sources. For purposes of this section— ‘‘(A) the non-Federal portion of the publicly financed costs may be derived from contributions in kind; and ‘‘(B) matching contributions from a State or unit of local government may not be derived, directly or indirectly, from Federal funds, but the use by the State or unit of local government of proceeds from the sale of bonds to provide the matching contribution is not considered to be a contribution derived directly or indirectly from Federal funds, without regard to the Federal income tax treatment

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