49 U.S.C. § 47119 — Terminal development costs

(a) Terminal Development Projects — (1) The Secretary may approve a terminal development project, including multimodal terminal development, in a nonrevenue-producing public-use area of a commercial service airport (A) if the sponsor certifies that, as of the application date, the airport already has (i) all safety equipment required for its certification under section 44706, (ii) all security equipment required by regulation, and (iii) a way for passengers to reach areas where they board or exit aircraft that are not air carrier aircraft; (B) if the cost directly relates to (i) moving passengers and baggage within the airport, including vehicles between terminal facilities and between terminals and aircraft, or (ii) installing security cameras in the public interior or exterior of the terminal; and (C) under terms that protect the government's interests. (2) In revenue-producing areas and nonrevenue-producing parking lots, the Secretary may also approve costs there if (A) the airport has no more than 0.05 percent of total U.S. passenger boardings, except as section 47108(e)(3) allows, and (B) the sponsor certifies that approving this will not delay any needed project affecting safety, security, or capacity. (3) The Secretary may also approve a terminal development project for building or installing a lactation area, as defined in section 47107(w), at a commercial service airport. (4) The Secretary may likewise approve one for a universal changing station, as defined in section 47107(y). (b) Repaying Borrowed Money — (1) For terminal development carried out between June 30, 1970, and July 12, 1976, apportioned money made available to the sponsor can immediately repay money the sponsor borrowed for that work, if those costs would have been allowable under section 47110(d) had they been incurred after September 3, 1982. (2) For terminal development at a nonhub airport between January 1, 1992, and October 31, 1992, apportioned money can likewise immediately repay borrowed money used for that work, if the costs would be allowable under section 47110(d). (3) For terminal development at a primary airport carried out between January 2003 and August 2004, where the airport was a nonhub airport in the most recent apportionment calculation and was designated under section 47118 in fiscal year 2003, apportioned money, or money available under paragraph (3) of this subsection, can immediately repay borrowed money used for that work, if the costs would be allowable under subsection (a). (4) Any of these repayment grants require that (A) the sponsor submit the certification required under subsection (a); (B) the Secretary decide that using the money this way will not delay another development project outside the terminal area; and (C) the airport not use development funds for additional terminal projects for at least one year after the repayment grant is used. (5) These repayment grants are also subject to the dollar limits in subsections (c)(1) and (c)(2). (c) Availability of Amounts — In a fiscal year, the Secretary may make available (1) to a primary airport sponsor, any part of its own apportioned money under section 47114(c)(1) for costs allowable under subsection (a); (2) with the Secretary's approval, not more than $200,000 from the discretionary fund (A) to a nonprimary commercial service airport sponsor for subsection (a) costs, and (B) to a reliever airport sponsor for the same kinds of costs, including costs allowable for a commercial service airport with no more than 0.05 percent of total U.S. boardings; (3) for a primary airport with no more than 0.05 percent of total U.S. boardings, any part of the discretionary fund or small airport fund money for subsection (a) costs; (4) not more than $25,000,000 for subsection (a) costs at commercial service airports that were not eligible for terminal-development assistance during the fiscal year ending September 30, 1980, under the old Airport and Airway Development Act of 1970; (5) to a nonprimary airport sponsor, any part of its money apportioned under sections 47114(c) and 47114(d)(2)(A) for subsection (a) costs; or (6) not more than $20,000,000 from the discretionary fund to a nonprimary airport sponsor for terminal development costs allowable under subsection (a), if the Secretary determines — based on enplanement trends, a completed air service development study, airline commitments to provide service accommodating at least 10,000 annual enplanements, the sponsor's documented commitment to fund the rest of the project, and a favorable environmental finding including all required permits — that the airport is reasonably expected to reach primary status within three calendar years of the grant. (d) Nonhub Airports — For a commercial service airport with less than 0.05 percent of total U.S. enplanements, the Secretary may approve the use of subsection (a) amounts even without meeting the requirements otherwise imposed by sections 47107(a)(17), 47112, and 47113. (e) Determination of Passenger Boarding at Commercial Service Airports — To decide whether an amount may be distributed for a fiscal year from the discretionary fund under subsection (b)(2)(A) to a commercial service airport, the Secretary determines whether a public airport is a commercial service airport based on its passenger boardings and type of air service in the calendar year that includes the first day of that fiscal year, or the preceding calendar year, whichever is more beneficial to the airport. (f) Limitation on Discretionary Funds — The Secretary may distribute no more than $30,000,000 from the discretionary fund for terminal development projects at a nonhub airport or a small hub airport eligible to receive discretionary funds under section 47108(e)(3).