49 U.S.C. § 47103

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 47103 - National plan of integrated airport systems

(a) GENERAL REQUIREMENTS AND CONSIDERATIONS.-The Secretary of Transportation shall maintain the plan for developing public-use airports in the United States, named "the national plan of integrated airport systems". The plan shall include the kind and estimated cost of eligible airport development the Secretary of Transportation considers necessary to provide a safe, efficient, and integrated system of public-use airports adequate to anticipate and meet the needs of civil aeronautics, to meet the national defense requirements of the Secretary of Defense, and to meet identified needs of the United States Postal Service. Airport development included in the plan may not be limited to meeting the needs of any particular classes or categories of public-use airports. In maintaining the plan, the Secretary of Transportation shall consider the needs of each segment of civil aviation and the relationship of the airport system to-

(1) the rest of the transportation system, including connection to the surface transportation network; and

(2) forecasted technological developments in aeronautics.

(b) SPECIFIC REQUIREMENTS.-In maintaining the plan, the Secretary of Transportation shall-

(1) to the extent possible and as appropriate, consult with departments, agencies, and instrumentalities of the United States Government, with public agencies, and with the aviation community; and

(2) make every reasonable effort to address the needs of air cargo operations and rotary wing aircraft operations.

(c) AVAILABILITY OF DOMESTIC MILITARY AIRPORTS AND AIRPORT FACILITIES.-To the extent possible, the Secretary of Defense shall make domestic military airports and airport facilities available for civil use. In advising the Secretary of Transportation under subsection (a) of this section, the Secretary of Defense shall indicate the extent to which domestic military airports and airport facilities are available for civil use.

(d) NON-COMPLIANT AIRPORTS.-

(1) IN GENERAL.-The Secretary shall include in the plan a detailed statement listing airports the Secretary has reason to believe are not in compliance with grant assurances or other requirements with respect to airport lands and shall include-

(A) the circumstances of noncompliance;

(B) the timeline for corrective action with respect to such noncompliance; and

(C) any corrective action the Secretary intends to require to bring the airport sponsor into compliance.

(2) LISTING.-The Secretary is not required to conduct an audit or make a final determination before including an airport on the list referred to in paragraph (1).

(e) PUBLICATION.-The Secretary of Transportation shall publish the plan every 2 years.

49 U.S.C. § 47103

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1251; Pub. L. 112-95, title I, §152(a), Feb. 14, 2012, 126 Stat. 32; Pub. L. 118-63, title II, §218(e), May 16, 2024, 138 Stat. 1055.

HISTORICAL AND REVISION NOTE
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
47103(a)	49 App.:2203(a)(1) (2d-last sentences).	Sept. 3, 1982, Pub. L. 97-248, §504(a)(1), 96 Stat. 675; Dec. 30, 1987, Pub. L. 100-223, §104(a)(1)(A), (2), 101 Stat. 1489.
47103(b)	49 App.:2203(a)(2).	Sept. 3, 1982, Pub. L. 97-248, 96 Stat. 324, §504(a)(2); added Dec. 30, 1987, Pub. L. 100-223, §104(a)(1)(B), 101 Stat. 1489.
	49 App.:2203(c).	Sept. 3, 1982, Pub. L. 97-248, §504(c), 96 Stat. 676.
47103(c)	49 App.:2203(d)(1).	Sept. 3, 1982, Pub. L. 97-248, §504(d)(1), 96 Stat. 676; Dec. 30, 1987, Pub. L. 100-223, §104(b)(2), 101 Stat. 1489.
47103(d)	49 App.:2203(a)(1) (1st sentence).

In subsection (a), before clause (1), the words "shall maintain" and "In maintaining" are substituted for "In reviewing and revising" for clarity and consistency in the revised title. The word "named" is substituted for "After September 3, 1982, the revised national airport system plan shall be known as", and the words "the national defense requirements of the Secretary of Defense" are substituted for "requirements in support of the national defense as determined by the Secretary of Defense", to eliminate unnecessary words. The words "included in the plan may not be limited to meeting the needs of any particular" are substituted for "identified by this plan shall not be limited to the requirements of any" for clarity and consistency in this section. The words "among other things" are omitted as surplus.In subsection (b), before clause (1), the words "In maintaining" are substituted for "In reviewing and revising" for consistency in this section. In clause (1), the words "departments, agencies, and instrumentalities of the United States Government" are substituted for "Federal . . . agencies" for consistency in the revised title and with other titles of the United States Code. In clauses (2) and (3), the words "As soon as feasible following December 30, 1987" are omitted as obsolete. In clause (3), the word "legitimate" is omitted as surplus.In subsection (c), the words "Secretary of Defense" are substituted for "Department of Defense" because of 10:133.In subsection (d), the words "Not later than two years after September 3, 1982" are omitted as executed.

EDITORIAL NOTES

AMENDMENTS2024-Subsecs. (d), (e). Pub. L. 118-63 added subsec. (d) and redesignated former subsec. (d) as (e). 2012-Subsec. (a). Pub. L. 112-95, §152(a)(1)(A), substituted "the airport system to" for "each airport to" in introductory provisions.Subsec. (a)(1). Pub. L. 112-95, §152(a)(1)(B), substituted "system, including connection to the surface transportation network; and" for "system in the particular area;".Subsec. (a)(2). Pub. L. 112-95, §152(a)(1)(C), substituted period at end for "; and".Subsec. (a)(3). Pub. L. 112-95, §152(a)(1)(D), struck out par. (3) which read as follows: "forecasted developments in other modes of intercity transportation."Subsec. (b). Pub. L. 112-95, §152(a)(2), inserted "and" at end of par. (1), redesignated par. (3) as (2) and struck out ", Short Takeoff and Landing/Very Short Takeoff and Landing aircraft operations," after "air cargo operations", and struck out former par. (2) which read as follows: "consider tall structures that reduce safety or airport capacity; and".Subsec. (d). Pub. L. 112-95, §152(a)(3), struck out "status of the" before "plan".

STATUTORY NOTES AND RELATED SUBSIDIARIES

POPULOUS COUNTIES WITHOUT AIRPORTS Pub. L. 118-63, title VII, §732, May 16, 2024, 138 Stat. 1273, provided that: "Notwithstanding any other provision of law, the Secretary [of Transportation] may not deny inclusion in the national plan of integrated airport systems maintained under section 47103 of title 49, United States Code, to an airport or proposed airport if the airport or proposed airport- "(1) is located in the most populous county (as such term is defined in section 2 of title 1, United States Code) of a State that does not have an airport listed in the national plan;"(2) has an airport sponsor that was established before January 1, 2017;"(3) is located more than 15 miles away from another airport listed in the national plan;"(4) demonstrates how the airport will meet the operational activity required, through a forecast validated by the Secretary, within the first 10 years of operation;"(5) meets FAA [Federal Aviation Administration] airport design standards; "(6) submits a benefit-cost analysis;"(7) presents a detailed financial plan to accomplish construction and ongoing maintenance; and"(8) has the documented support of the State government for the entry of the airport or proposed airport into the national plan."