49 U.S.C. § 47133 — Restriction on use of revenues
submitted 30 years ago by Pub. L. 104-264 to r/title-49-TRANSPORTATION · 396 words · no verdicts yet
Airports that get federal money must spend revenue and aviation fuel taxes only on airport costs. Some old laws, agreements, and private-airport sales are exempt from this rule. States can still use fuel taxes for state aviation programs or airport noise reduction.
(a) Prohibition. Local taxes on aviation fuel (except ones already in effect on December 30, 1987) or revenue from a federally assisted airport can only be spent on the capital or operating costs of: the airport itself; the local airport system; or another local facility, owned or run by that same airport owner or operator, that is directly and substantially tied to moving passengers or property by air.
(b) Exceptions.
(1) Prior laws and agreements. Subsection (a) doesn't apply if a law passed by September 2, 1982, or a covenant or assurance in a debt obligation issued by that date, already lets the owner's or operator's revenue — including local aviation fuel taxes — support not just the airport but also that owner's or operator's general debts or other facilities.
(2) Sale of private airport to public sponsor. For a privately owned airport, subsection (a) doesn't apply to sale proceeds when a public sponsor buys the airport, if: the Secretary approves the sale; this subchapter funds part of the public sponsor's purchase of airport land; and the private owner repays the Secretary an amount equal to the unpaid part of any airport improvement grant (spread over a 20-year period), plus an amount equal to the federal share of the current market value of any land bought with such a grant on or after October 1, 1996.
(3) Treatment of repayments. Those repayments count as recovered money from a prior year's obligation.
(c) Rule of Construction. Nothing in this section stops a state from using its own aviation fuel tax to support a state aviation program, or from using airport revenue — on or off the airport — for a noise mitigation purpose.
Local taxes on aviation fuel (except taxes in effect on December 30, 1987) or the revenues generated by an airport that is the subject of Federal assistance may not be expended for any purpose other than the capital or operating costs of—
the airport;
the local airport system; or
any other local facility that is owned or operated by the person or entity that owns or operates the airport that is directly and substantially related to the air transportation of passengers or property.
Subsection (a) shall not apply if a provision enacted not later than September 2, 1982, in a law controlling financing by the airport owner or operator, or a covenant or assurance in a debt obligation issued not later than September 2, 1982, by the owner or operator, provides that the revenues, including local taxes on aviation fuel at public airports, from any of the facilities of the owner or operator, including the airport, be used to support not only the airport but also the general debt obligations or other facilities of the owner or operator.
In the case of a privately owned airport, subsection (a) shall not apply to the proceeds from the sale of the airport to a public sponsor if—
the sale is approved by the Secretary;
funding is provided under this subchapter for any portion of the public sponsor’s acquisition of airport land; and
an amount equal to the remaining unamortized portion of any airport improvement grant made to that airport for purposes other than land acquisition, amortized over a 20-year period, plus an amount equal to the Federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996, is repaid to the Secretary by the private owner.
Repayments referred to in paragraph (2)(C) shall be treated as a recovery of prior year obligations.
Nothing in this section may be construed to prevent the use of a State tax on aviation fuel to support a State aviation program or the use of airport revenue on or off the airport for a noise mitigation purpose.
Source credit: (Added Pub. L. 104–264, title VIII, § 804(a), Oct. 9, 1996, 110 Stat. 3271; amended Pub. L. 112–95, title I, § 149(a), Feb. 14, 2012, 126 Stat. 32.)
- 1996Enacted · Pub. L. 104-264 · 110 Stat. 3271
- 2012Amended · Pub. L. 112-95 · 126 Stat. 32
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-264 on 1996-10-09.
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