49 U.S.C. § 47106 — Project grant application approval conditioned on satisfaction of project requirements

(a) Project Grant Application Approval — The Secretary may approve a project grant application only if satisfied that (1) the project fits the existing plans of public agencies the state has authorized to plan development around the airport; (2) the project helps carry out this subchapter; (3) there is enough money to cover project costs the federal government will not pay; (4) the project will finish without unreasonable delay; (5) the sponsor has the authority to carry out the project; (6) if the airport has a master plan that includes the project, that master plan addresses solid-waste recycling — covering (A) whether recycling is feasible, (B) minimizing solid waste, (C) operation and maintenance needs, (D) reviewing waste-management contracts, and (E) potential cost savings or revenue; and (7) if the airport is listed as having "unclassified" status in the current national plan, the project is funded under section 47114(d)(2)(B) and is either (A) maintenance of the primary runway's pavement, (B) obstruction removal for the primary runway, (C) rehabilitation of the primary runway, or (D) something the Secretary considers necessary for the airport's safe operation. (b) Airport Development Project Grant Application Approval — For an airport development grant, the Secretary must also be satisfied that (1) the sponsor, a public agency, or the government holds — or will get — good title to the areas used for aircraft landing, takeoff, or ground movement; (2) the interests of nearby communities have been fairly considered; and (3) the application includes touchdown-zone and centerline runway lighting, high-intensity runway lighting, or land for approach light systems, if the Secretary decides — based on the airport's category and its traffic — this is needed for safe, efficient use. (c) Environmental Requirements — (1) For a project involving the location of an airport or runway, or a major runway extension, the Secretary may approve it only if (A) the sponsor certifies that (i) the public had a chance for a hearing on the economic, social, and environmental effects, and how the location fits any community planning; (ii) the airport's management board either has voting representation from the affected communities, or has told them they can petition the Secretary; and (iii) for a project at a medium or large hub airport, the sponsor has made available — and provided on request — a copy of the proposed layout-plan amendment and any master plan describing the project, to the area's metropolitan planning organization, if there is one; and (B) if the project would significantly harm natural resources, fish and wildlife, scenic or recreational assets, water or air quality, or another environmental factor, the Secretary may approve it only after finding no possible, sensible alternative exists and every reasonable step has been taken to reduce the harm. (2) For a project not involving the location of an airport, runway, or major extension at an existing airport, the Secretary need not require a noise-related environmental impact statement if (A) the project would let aircraft meeting the "stage 3" noise standards (a specific FAA rule) replace aircraft that don't meet them, and (B) the project meets the other requirements of this subchapter. (3) The sponsor must give the Secretary a copy of any hearing transcript from paragraph (1)(A) if asked. (4) The Secretary may only make the finding in paragraph (1)(B) after completely reviewing the matter, and that review and finding must be a matter of public record. (d) Withholding Approval — (1) The Secretary may withhold approval of money apportioned under section 47114(c) and (e) for violating an assurance or requirement of this subchapter, but only if (A) the sponsor is given a chance for a hearing, and (B) the Secretary finds a violation occurred within 180 days of the later of the application date or the date the Secretary discovers the noncompliance. (2) That 180-day period may be extended by (A) agreement between the Secretary and sponsor, or (B) the hearing officer, if the sponsor did not follow the officer's schedule. (3) Anyone adversely affected by a withholding order may seek review by filing a petition in the U.S. Court of Appeals for the D.C. Circuit, or the circuit where the project is located, within 60 days of the order being served. (e) Reports Relating to Construction of Certain New Hub Airports — At least 90 days before approving a grant application to build a new hub airport expected to have 0.25 percent or more of total annual U.S. passenger boardings, the Secretary must submit a report to Congress analyzing the expected impact of the new airport on (1) the fees, including landing fees, and other costs air carriers will face using it; (2) air transportation that will be provided in that region; and (3) the availability and cost of air transportation to rural areas in that region. (f) Competition Plans — (1) Prohibition: Starting in fiscal year 2001, no passenger facility charge may be approved under section 40117, and no grant may be made under this subchapter, for a "covered airport" unless it has submitted a written competition plan under this subsection. (2) Contents: The plan must cover the availability of gates and related facilities, leasing and sub-leasing arrangements, gate-use requirements, gate-assignment policy, financial constraints, airport control over air- and ground-side capacity, and whether the airport intends to build or acquire common-use gates. (3) Special rule for fiscal year 2002: This subsection does not apply to a passenger facility fee or grant made in fiscal year 2002, if it is used to improve security at a covered airport. (4) Covered airport defined: a commercial service airport that (A) has more than 0.25 percent of total annual passenger boardings at all such airports, and (B) where one or two air carriers control more than 50 percent of the passenger boardings. (g) Consultation With Secretary of Homeland Security — Before approving a grant for the security-equipment activities described in section 47102(3)(B)(ii), or the bulk-explosive-detection installation activities described in section 47102(3)(B)(x), the Secretary must consult the Secretary of Homeland Security — but only as those activities relate to security equipment or bulk explosive detection, respectively. (h) Evaluation of Airport Master Plans — When evaluating an airport's master plan for purposes of this subchapter, the Secretary must take into account (1) the airport's role with respect to medical emergencies and evacuations, and (2) its role in emergency or disaster preparedness in the community it serves.