49 U.S.C. § 47128

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

Section 47128 - State block grant program

(a) GENERAL REQUIREMENTS.-The Secretary of Transportation shall issue guidance to carry out a State block grant program. The guidance shall provide that the Secretary may designate not more than 20 qualified States for each fiscal year to assume administrative responsibility for all airport grant amounts available under this subchapter, except for amounts designated for use at primary airports.

(b) APPLICATIONS AND SELECTION.-A State wishing to participate in the program must submit an application to the Secretary. The Secretary shall select a State on the basis of its application only after-

(1) deciding the State has an organization capable of effectively administering a block grant made under this section;

(2) deciding the State uses a satisfactory airport system planning process;

(3) deciding the State uses a programming process acceptable to the Secretary;

(4) finding that the State has agreed to comply with United States Government standard requirements for administering the block grant, including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements; and

(5) finding that the State has agreed to provide the Secretary with program information the Secretary requires.

(c) SAFETY AND SECURITY NEEDS AND NEEDS OF SYSTEM.-Before deciding whether a planning process is satisfactory or a programming process is acceptable under subsection (b)(2) or (b)(3) of this section, the Secretary shall ensure that the process provides for meeting critical safety and security needs and that the programming process ensures that the needs of the national airport system will be addressed in deciding which projects will receive money from the Government. In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system.

(d) ENVIRONMENTAL ANALYSIS AND COORDINATION REQUIREMENTS.-A Federal agency, other than the Federal Aviation Administration, that is responsible for issuing an approval, license, or permit to ensure compliance with a Federal environmental requirement applicable to a project or activity to be carried out by a State using amounts from a block grant made under this section shall-

(1) coordinate and consult with the State;

(2) use the environmental analysis prepared by the State for the project or activity if such analysis is adequate; and

(3) as necessary, consult with the State to describe the supplemental analysis the State must provide to meet applicable Federal requirements.

(e) TRAINING FOR PARTICIPATING STATES.-

(1) IN GENERAL.-The Secretary shall provide to each State participating in the block grant program under this section training or updated training materials for the administrative responsibilities assumed by the State under such program at no cost to the State.

(2) TIMING.-The training or updated training materials provided under paragraph (1) shall be provided at least once during each 2-year period and at any time there is a material change in the program.

(f) ROLES AND RESPONSIBILITIES OF PARTICIPATING STATES.-

(1) AIRPORTS.-Unless a State participating in the block grant program under this section expressly agrees in a memorandum of agreement, the Secretary shall not require the State to manage functions and responsibilities for airport actions or projects that do not relate to such program.

(2) PROGRAM DOCUMENTATION.-

(A) IN GENERAL.-Any grant agreement providing funds to be administered under such program shall be consistent with the most recently executed memorandum of agreement between the State and the Federal Aviation Administration.

(B) PARITY.-The Administrator of the Federal Aviation Administration shall provide parity to participating States and shall only require the same type of information and level of detail for any program agreements and documentation that the Administrator would perform with respect to such action if the State did not participate in the program.

(3) RESPONSIBILITIES.-Unless the State expressly agrees to retain responsibility, the Administrator shall retain responsibility for the following:

(A) Grant compliance investigations, determinations, and enforcement.

(B) Obstruction evaluation and airport airspace analysis, determinations, and enforcement off airport property.

(C) Non-rulemaking analysis, determinations, and enforcement for proposed improvements on airport properties not associated with this subchapter, or off airport property.

(D) Land use determinations, compatibility planning, and airport layout plan review and approval (consistent with section 47107(x)) for projects not funded by amounts available under this subchapter.

(E) Nonaeronautical and special event recommendations and approvals.

(F) Instrument approach procedure evaluations and determinations.

(G) Environmental review for projects not funded by amounts available under this subchapter.

(H) Review and approval of land leases, land releases, changes in on-airport land-use designation, and through-the-fence agreements.

49 U.S.C. § 47128

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1277; Pub. L. 103-429, §6(70), Oct. 31, 1994, 108 Stat. 4387; Pub. L. 104-264, title I, §147(a)-(c) (1), Oct. 9, 1996, 110 Stat. 3223; Pub. L. 104-287, §5(84), Oct. 11, 1996, 110 Stat. 3397; Pub. L. 105-102, §3(d)(1)(E), Nov. 20, 1997, 111 Stat. 2215; Pub. L. 106-181, title I, §138, Apr. 5, 2000, 114 Stat. 85; Pub. L. 112-95, title V, §502, Feb. 14, 2012, 126 Stat. 103; Pub. L. 115-254, div. B, title I, §139, Oct. 5, 2018, 132 Stat. 3210; Pub. L. 118-63, title VII, §720(a), (b), May 16, 2024, 138 Stat. 1262.

HISTORICAL AND REVISION NOTES PUB. L. 103-272
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
47128(a)	49 App.:2227(a) (1st sentence), (b) (1st sentence).	Sept. 3, 1982, Pub. L. 97-248, 96 Stat. 324, §534; added Dec. 30, 1987, Pub. L. 100-223, §116, 101 Stat. 1507; Nov. 5, 1990,Pub. L. 101-508, §91141990,, 104 Stat. 1388-364; Oct. 31, 1992, Pub. L. 102-581, §116, 106 Stat. 4881.
47128(b)(1)	49 App.:2227(c) (1st, 2d sentences).
47128(b)(2)	49 App.:2227(b) (last sentence).
47128(c)	49 App.:2227(c) (last sentence).
47128(d)	49 App.:2227(a) (last sentence), (d).

In subsection (a), the words "Not later than 180 days after December 30, 1987" and "to become effective on October 1, 1989" are omitted as obsolete.In subsection (b)(1)(A), the words "agency or" are omitted as surplus.In subsection (b)(1)(D), the words "procedural and other" are omitted as surplus. In subsection (d), the text of 49 App.:2227(d) is omitted as executed.

PUB. L. 103-429 This amends 49:47128(c) to correct an error in the codification enacted by section 1 of the Act of July 5, 1994 (Public Law 103-272 108 Stat. 1278).

PUB. L. 104-287This makes a clarifying amendment to the catchline for 49:47128(d).

EDITORIAL NOTES

REFERENCES IN TEXTThe National Environmental Policy Act of 1969, referred to in subsec. (b)(4), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, which is classified generally to chapter 55 (§4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 4321 of Title 42 and Tables.

AMENDMENTS2024-Subsec. (e). Pub. L. 118-63, §720(a), added subsec. (e).Subsec. (f). Pub. L. 118-63, §720(b), added subsec. (f).2018-Subsec. (a). Pub. L. 115-254 substituted "not more than 20 qualified States for each fiscal year" for "not more than 9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter". 2012-Subsec. (a). Pub. L. 112-95, §502(a), substituted "issue guidance" for "prescribe regulations" in first sentence and "guidance" for "regulations" in second sentence.Subsec. (b)(4). Pub. L. 112-95, §502(b), inserted before semicolon ", including the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), State and local environmental policy acts, Executive orders, agency regulations and guidance, and other Federal environmental requirements".Subsec. (d). Pub. L. 112-95, §502(c), added subsec. (d). 2000-Subsec. (a). Pub. L. 106-181 substituted "9 qualified States for fiscal years 2000 and 2001 and 10 qualified States for each fiscal year thereafter" for "8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter". 1997-Subsec. (d). Pub. L. 105-102 repealed Pub. L. 104-287, §5(84). See 1996 Amendment note below. 1996- Pub. L. 104-264, §147(c)(1)(A), substituted "grant program" for "grant pilot program" in section catchline. Subsec. (a). Pub. L. 104-264, §147(a)(1), (c) (1)(B), substituted "block grant program" for "block grant pilot program" and "8 qualified States for fiscal year 1997 and 9 qualified States for each fiscal year thereafter" for "7 qualified States".Subsec. (b). Pub. L. 104-264, §147(a)(2), (3), struck out "(1)" before "A State wishing", redesignated subpars. (A) to (E) as pars. (1) to (5), respectively, and struck out former par. (2) which read as follows: "For the fiscal years ending September 30, 1993-1996, the States selected shall include Illinois, Missouri, and North Carolina."Subsec. (c). Pub. L. 104-264, §147(b), substituted "(b)(2) or (b)(3)" for "(b)(1)(B) or (C)" and inserted at end "In carrying out this subsection, the Secretary shall permit a State to use the priority system of the State if such system is not inconsistent with the national priority system."Subsec. (d). Pub. L. 104-287, §5(84), which directed amendment of heading by striking "and report", was repealed by Pub. L. 105-102. Pub. L. 104-264, §147(c)(1)(C), struck out subsec. (d) which read as follows:"(d) ENDING EFFECTIVE DATE AND REPORT.-This section is effective only through September 30, 1996." 1994-Subsec. (c). Pub. L. 103-429 substituted "subsection (b)(1)(B) or (C)" for "subsection (b)(2) or (3)".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2000 AMENDMENT Amendment by Pub. L. 106-181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106-181 set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105-102, §3(d), Nov. 20, 1997, 111 Stat. 2215, provided that the amendment made by section 3(d)(1)(E) is effective Oct. 11, 1996.Amendment by Pub. L. 105-102 effective as if included in the provisions of the Act to which the amendment relates, see section 3(f) of Pub. L. 105-102 set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1996 AMENDMENT Except as otherwise specifically provided, amendment by Pub. L. 104-264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104-264 set out as a note under section 106 of this title.

EFFECTIVE DATE OF 1994 AMENDMENTAmendment by Pub. L. 103-429 effective July 5, 1994, see section 9 of Pub. L. 103-429 set out as a note under section 321 of this title.