49 U.S.C. § 47138 — Pilot program for purchase of airport development rights

(a) In General. The Secretary of Transportation must set up a pilot program to support a state's or political subdivision's purchase of "development rights" tied to, or directly affecting the use of, privately owned public-use airports located in that state. Under the program, the Secretary may make a grant to that state or political subdivision, from funds apportioned under section 47114, to buy those rights. (b) Grant Requirements. (1) In general. The Secretary can make a grant under subsection (a) only if it: lets the state or political subdivision purchase development rights so the airport property stays available for use as a public airport; and requires the state or political subdivision to acquire an easement or other appropriate covenant guaranteeing the airport remains public-use in perpetuity. (2) Matching requirement. The grant amount cannot exceed 90 percent of the cost of acquiring the development rights. (c) Grant Standards. The Secretary must prescribe standards for grants under subsection (a), including: grant application and approval procedures; and requirements for the content of the document that records the purchase of the development rights. (d) Release of Purchased Rights and Covenant. Development rights purchased under the program remain the property of the state or political subdivision, unless the Secretary approves transferring or disposing of them after determining that's in the public interest. (e) Limitation. The Secretary may not make a grant under this pilot program to purchase development rights at more than 10 airports.