49 U.S.C. § 47134 — Airport investment partnership program
submitted 30 years ago by Pub. L. 104-264 to r/title-49-TRANSPORTATION · 1,470 words · no verdicts yet
The Secretary of Transportation may let a sponsor sell or lease an airport to a private buyer. In return, the sponsor can get exemptions from rules on revenue use and grant repayment. Approval requires airline support, public-use guarantees, and proof the deal won't hurt competition.
(a) Submission of Applications. If an airport sponsor plans to sell or lease a general aviation airport, or lease any other type of airport long-term, to someone other than a public agency, the sponsor and the buyer or lessee together may apply to the Secretary of Transportation for exemptions under this section.
(b) Approval of Applications. The Secretary may grant exemptions from these provisions:
(1) Use of revenues.
(A) In general. The Secretary may exempt the sponsor from sections 47107(b) and 47133 (and any other law, regulation, or grant assurance) so it can keep sale or lease proceeds up to an amount approved — for a primary airport, by at least 65% of scheduled airlines serving it and by airlines whose aircraft accounted for at least 65% of the airport's total landed weight the year before; for a non-primary airport, by the Secretary after the airport consults at least 65% of the aircraft owners based there.
(B) Objection to exemption. An air carrier is treated as approving the exemption unless it submits a written objection to the sponsor within 60 days of the application being filed with, or served on, the carrier, whichever is later.
(C) Landed weight defined. "Landed weight" means the weight of aircraft carrying passengers or cargo, or both, in intrastate, interstate, or foreign air transportation, as the Secretary defines by regulation.
(2) Repayment requirements. If the Secretary grants the revenue exemption under paragraph (1), the Secretary must also exempt the sponsor from sections 47107 and 47152 (and other laws, rules, or grant assurances) so it doesn't have to repay past federal grants or return property to the government.
(3) Compensation from airport operations. If the Secretary grants the paragraph (1) exemption, the Secretary must also exempt the buyer or lessee from sections 47107(b) and 47133 so it can earn compensation from running the airport.
(4) Benefit-cost analysis.
(A) In general. Before approving an application, the Secretary may require a benefit-cost analysis.
(B) Finding. If required, the Secretary must issue a preliminary, conditional finding within 60 days of getting all required information, based on a collaborative review that includes the sponsor; this finding is not itself a grant or a promise of one, and creates no other federal obligation until the conditions in the final analysis are met.
(c) Terms and Conditions. The Secretary can approve an application only if satisfied the sale or lease agreement guarantees: the airport stays open to the public on reasonable terms, without unjust discrimination; airport operations won't stop if the buyer or lessee becomes insolvent or enters bankruptcy or similar proceedings; the buyer or lessee will maintain, improve, and modernize the airport through capital investment, and will submit a plan for doing so; airline fees in effect the day before the lease won't rise faster than inflation unless a bigger increase is approved by at least 65% of airlines serving the airport (by number) and by airlines representing at least 65% of total landed weight; fee increases for general aviation aircraft won't exceed the percentage increase for airlines; safety and security stay at the highest possible levels; noise effects are mitigated to the same extent as at a public airport; environmental effects are mitigated to the same extent as at a public airport; and any collective bargaining agreement covering airport employees, in effect on the sale or lease date, won't be canceled by the deal.
(d) Program Participation.
(1) Multiple airports. The Secretary may consider one public sponsor's application covering several airports it controls, as long as they're all in the same state.
(2) Partial privatization. The buyer or lessee may be an entity the sponsor itself has an interest in.
(e) Required Finding That Approval Will Not Result in Unfair Methods of Competition. The Secretary can approve an application only if satisfied it won't cause unfair or deceptive practices or unfair methods of competition.
(f) Interests of General Aviation Users. When approving an airport's application, the Secretary must make sure the interests of the airport's general aviation users aren't hurt.
(g) Passenger Facility Fees; Apportionments; Service Charges. Even though the sponsor of an exempted airport isn't a public agency, it isn't barred from: imposing a passenger facility charge under section 40117; receiving apportionments under section 47114; or collecting reasonable rental charges, landing fees, and other service charges under section 40116(e)(2).
(h) Effectiveness of Exemptions. A granted exemption stays in effect only as long as the sold or leased facilities keep being used for airport purposes.
(i) Revocation of Exemptions. The Secretary may revoke a purchaser's or lessee's exemption under subsection (b)(3) if, after giving notice and a chance to be heard, the Secretary finds they knowingly violated any term specified in subsection (c) for the sale or lease.
(j) Nonapplication of Provisions to Airports Owned by Public Agencies. This section's requirement that airlines approve revenue-use and fee decisions does not extend to an airport owned by a public agency that isn't participating in this program.
(k) Audits. The Secretary may periodically audit the financial records and operations of an airport with an exemption under this section.
(l) Predevelopment Limitation. A grant to an airport sponsor under this subchapter for predevelopment planning costs to prepare an application (or possible application) under this section cannot exceed $750,000 per application.
If a sponsor intends to sell or lease a general aviation airport or lease any other type of airport for a long term to a person (other than a public agency), the sponsor and purchaser or lessee may apply to the Secretary of Transportation for exemptions under this section.
The Secretary may approve applications submitted under subsection (a) granting exemptions from the following provisions:
The Secretary may grant an exemption to a sponsor from the provisions of sections 47107(b) and 47133 of this title (and any other law, regulation, or grant assurance) to the extent necessary to permit the sponsor to recover from the sale or lease of the airport such amount as may be approved—
in the case of a primary airport, by at least 65 percent of the scheduled air carriers serving the airport and by scheduled and nonscheduled air carriers whose aircraft landing at the airport during the preceding calendar year, had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year; or
in the case of a nonprimary airport, by the Secretary after the airport has consulted with at least 65 percent of the owners of aircraft based at that airport, as determined by the Secretary.
An air carrier shall be deemed to have approved a sponsor’s application for an exemption under subparagraph (A) unless the air carrier has submitted an objection, in writing, to the sponsor within 60 days of the filing of the sponsor’s application with the Secretary, or within 60 days of the service of the application upon that air carrier, whichever is later.
In this paragraph, the term “landed weight” means the weight of aircraft transporting passengers or cargo, or both, in intrastate, interstate, and foreign air transportation, as the Secretary determines under regulations the Secretary prescribes.
If the Secretary grants an exemption to a sponsor pursuant to paragraph (1), the Secretary shall grant an exemption to the sponsor from the provisions of sections 47107 and 47152 of this title (and any other law, regulation, or grant assurance) to the extent necessary to waive any obligation of the sponsor to repay to the Federal Government any grants, or to return to the Federal Government any property, received by the airport under this title, the Airport and Airway Improvement Act of 1982, or any other law.
If the Secretary grants an exemption to a sponsor pursuant to paragraph (1), the Secretary shall grant an exemption to the corresponding purchaser or lessee from the provisions of sections 47107(b) and 47133 of this title (and any other law, regulation, or grant assurance) to the extent necessary to permit the purchaser or lessee to earn compensation from the operations of the airport.
Prior to approving an application submitted under subsection (a), the Secretary may require a benefit-cost analysis.
If a benefit-cost analysis is required, the Secretary shall issue a preliminary and conditional finding, which shall—
be issued not later than 60 days after the date on which the sponsor submits all information required by the Secretary;
be based upon a collaborative review process that includes the sponsor or a representative of the sponsor;
not constitute the issuance of a Federal grant or obligation to issue a grant under this chapter or other provision of law; and
not constitute any other obligation on the part of the Federal Government until the conditions specified in the final benefit-cost analysis are met.
The Secretary may approve an application under subsection (b) only if the Secretary finds that the sale or lease agreement includes provisions satisfactory to the Secretary to ensure the following:
The airport will continue to be available for public use on reasonable terms and conditions and without unjust discrimination.
The operation of the airport will not be interrupted in the event that the purchaser or lessee becomes insolvent or seeks or becomes subject to any State or Federal bankruptcy, reorganization, insolvency, liquidation, or dissolution proceeding or any petition or similar law seeking the dissolution or reorganization of the purchaser or lessee or the appointment of a receiver, trustee, custodian, or liquidator for the purchaser or lessee or a substantial part of the purchaser or lessee’s property, assets, or business.
The purchaser or lessee will maintain, improve, and modernize the facilities of the airport through capital investments and will submit to the Secretary a plan for carrying out such maintenance, improvements, and modernization.
Every fee of the airport imposed on an air carrier on the day before the date of the lease of the airport will not increase faster than the rate of inflation unless a higher amount is approved—
by at least 65 percent of the air carriers serving the airport; and
by air carriers whose aircraft landing at the airport during the preceding calendar year had a total landed weight during the preceding calendar year of at least 65 percent of the total landed weight of all aircraft landing at the airport during such year.
The percentage increase in fees imposed on general aviation aircraft at the airport will not exceed the percentage increase in fees imposed on air carriers at the airport.
Safety and security at the airport will be maintained at the highest possible levels.
The adverse effects of noise from operations at the airport will be mitigated to the same extent as at a public airport.
Any adverse effects on the environment from airport operations will be mitigated to the same extent as at a public airport.
Any collective bargaining agreement that covers employees of the airport and is in effect on the date of the sale or lease of the airport will not be abrogated by the sale or lease.
The Secretary may consider applications under this section submitted by a public airport sponsor for multiple airports under the control of the sponsor if all airports under the control of the sponsor are located in the same State.
A purchaser or lessee may be an entity in which a sponsor has an interest.
The Secretary may approve an application under subsection (b) only if the Secretary finds that the approval will not result in unfair and deceptive practices or unfair methods of competition.
In approving an application of an airport under this section, the Secretary shall ensure that the interests of general aviation users of the airport are not adversely affected.
Notwithstanding that the sponsor of an airport receiving an exemption under subsection (b) is not a public agency, the sponsor shall not be prohibited from—
imposing a passenger facility charge under section 40117 of this title;
receiving apportionments under section 47114 of this title; or
collecting reasonable rental charges, landing fees, and other service charges from aircraft operators under section 40116(e)(2) of this title.
An exemption granted under subsection (b) shall continue in effect only so long as the facilities sold or leased continue to be used for airport purposes.
The Secretary may revoke an exemption issued to a purchaser or lessee of an airport under subsection (b)(3) if, after providing the purchaser or lessee with notice and an opportunity to be heard, the Secretary determines that the purchaser or lessee has knowingly violated any of the terms specified in subsection (c) for the sale or lease of the airport.
The provisions of this section requiring the approval of air carriers in determinations concerning the use of revenues, and imposition of fees, at an airport shall not be extended so as to apply to any airport owned by a public agency that is not participating in the program established by this section.
The Secretary may conduct periodic audits of the financial records and operations of an airport receiving an exemption under this section.
A grant to an airport sponsor under this subchapter for predevelopment planning costs relating to the preparation of an application or proposed application under this section may not exceed $750,000 per application or proposed application.
Source credit: (Added Pub. L. 104–264, title I, § 149(a)(1), Oct. 9, 1996, 110 Stat. 3224; amended Pub. L. 108–176, title I, § 155(a), Dec. 12, 2003, 117 Stat. 2508; Pub. L. 112–95, title I, §§ 111(c)(2)(A)(iv), 156, Feb. 14, 2012, 126 Stat. 18, 36; Pub. L. 115–254, div. B, title I, § 160(a), Oct. 5, 2018, 132 Stat. 3220; Pub. L. 118–63, title VII, § 738, May 16, 2024, 138 Stat. 1276.)
- 1996Enacted · Pub. L. 104-264 · 110 Stat. 3224
- 2003Amended · Pub. L. 108-176 · 117 Stat. 2508
- 2012Amended · Pub. L. 112-95 · 126 Stat. 18, 36
- 2018Amended · Pub. L. 115-254 · 132 Stat. 3220
- 2024Amended · Pub. L. 118-63 · 138 Stat. 1276
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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