49 U.S.C. § 41743 — Airports not receiving sufficient service

(a) Small Community Air Service Development Program. The Secretary of Transportation must run a program, following the rules in this section, to help airports that aren't getting enough airline service. (b) Application Required. To join the program set up in (a), a community -- or a group of communities working together -- must apply to the Secretary. The application must include whatever the Secretary requires, including at least: an assessment of how much the community needs access, or better access, to the national air travel system; and an analysis of how the community measures up against the criteria in (c). (c) Criteria for Participation. The Secretary picks communities using these rules: (1) Size -- when the community applies, its airport can't be bigger than a small hub airport (using the Department of Transportation's latest classification), and it must have either not enough airline service or unreasonably high fares. (2) Characteristics -- the airport must show something special, like its location or unique circumstances, proving the program is needed and would work there. (3) State limit -- no more than 4 communities or groups of communities from the same state can join the program in any one year. (4) Overall limit -- no more than 40 communities or groups, combined, can join per year that funding is available. A community usually can't get help for the same project more than once every 5 years -- but it can apply for a different project anytime. The Secretary can waive that 5-year rule if the community spent little or no money on the earlier project, or ran into industry or environmental problems beyond its control. (5) Priorities -- the Secretary favors communities where fares are higher than average; at least one airline has shown interest in serving them; local money (not airport revenue) will help pay for the project; a public-private partnership exists or will be created to support air service; the help will benefit a wide range of people, including businesses and schools, who otherwise have limited access; the help will restore service that was cut or ended (measured by seats, schedules, connections, or routes); the help will be used quickly; or several communities are teaming up on one regional application to combine service at one airport. (d) Types of Assistance. The Secretary can use program money to: (1) pay an airline to subsidize service to an underserved airport for up to 3 years per grant -- even repeat grants for the same project -- counted on a non-consecutive basis for airlines with seasonal service; (2) help an underserved airport, or one that lost service, get service back; and (3) fund other steps, worked out with the airport, to improve service -- including its cost to travelers and its availability -- such as marketing and better use of airport facilities. (e) Authority To Make Agreements. (1) The Secretary can sign grant agreements to provide this help. At the community's and airline's request, the Secretary can change what the grant covers, or limit it to only the parts that are being funded or already achieved, as long as that stays true to the project's original purpose or the community's current needs. (2) Congress authorized $15,000,000 per year for fiscal years 2024 through 2028 to run this program, and that money stays available until spent. (f) Designation of Responsible Official. The Secretary must appoint an employee to: (1) act as a go-between for small communities and airlines; (2) run this program; (3) make sure the Bureau of Transportation Statistics collects passenger data to measure what small communities need; (4) coordinate with other federal, state, and local agencies to strengthen service to small communities; and (5) recommend policies to the Secretary and Congress to keep affordable, quality air service available to small communities.