49 U.S.C. § 47504 — Noise compatibility programs

(a) Submissions. An operator that submitted a section 47503(a) noise map may submit a noise compatibility program after consulting surrounding public agencies and planning authorities, responsible United States officials, and air carriers using the airport, and after notice and an opportunity for a public hearing. The program must state measures taken or proposed to reduce existing noncompatible uses and prevent new ones in the mapped area. Measures may include preferential runways; restrictions on aircraft types or classes because of noise; barriers, acoustical shielding, and soundproofing public buildings; flight procedures reducing people’s noise exposure; and acquiring land, air rights, easements, development rights, or other interests to ensure compatible use. (b) Approvals. (1) Except for flight-procedure parts, the Secretary must approve or disapprove the program within 180 days. The Secretary must approve it if it does not unreasonably burden interstate or foreign commerce, is reasonably consistent with reducing existing and preventing additional noncompatible uses, and provides needed revisions for a revised map under section 47503(b). (2) Such a program is deemed approved if the Secretary does not act within 180 days. (3) The Secretary must send flight-procedure parts to the FAA Administrator, who approves or disapproves them. (4) In fiscal years 2004 through 2007, the Secretary may not approve a program requiring section 48103 money to mitigate aircraft noise below 65 DNL. (c) Grants. (1) The Secretary may use section 48103 money for grants carrying out projects under approved programs. Grants may go to the submitting operator or a surrounding local-government unit the Secretary finds able to do the project. (2) Grants may fund soundproofing residential buildings when the operator had prior approval under the 1987 Act, submits required updated contours, and the Secretary finds compatibility with this chapter; soundproofing or acquiring residential property with incompatible noise when the operator changed a 1993 local regulation because of FAA-mandated safety departure procedures, submits updated contours, and the Secretary finds compatibility; parts of a pre-February-18-1980 or pre-regulation program that is substantially consistent with the chapter’s goals and should be promptly carried out; soundproofing primarily educational or medical buildings in the noise-impact area that the Secretary finds adversely affected; noise mitigation at a congested airport included as an FAA record-of-decision commitment for a capacity project, even without part 150 compliance; and certain school projects under a pre-September-30-2002 memorandum involving replacement windows, doors, through-wall air conditioning, or equivalent reconstruction costs, subject to the memorandum’s financial limits and the listed part 150 exception. (3) The operator may make a paragraph (1)(A) grant available to a surrounding public agency the Secretary finds able to do the project. (4) The Government share is the greater of 80 percent of project cost or the share that would apply under chapter 471, subchapter I. (5) Chapter 471 grant provisions apply except sections 47109(a) and (b) and provisions the Secretary finds inconsistent with or unnecessary for this chapter. (6) A grant may address noise primarily caused by military aircraft. (d) Government liability. The Government is not liable for aviation-noise damages because of action under this section. (e) Flight-procedure assessment grants. (1) Consistent with subsection (c)(1), the Secretary may grant an operator help with environmental review and assessment for flight procedures approved in the program. (2) The FAA Administrator may accept operator funds, including those grant funds, to hire staff or consultants for timely processing, review, and completion of those environmental activities. (3) Despite 31 U.S.C. § 3302, accepted funds are credited as offsetting collections to the account financing the related work, available only for that work, and available until spent. (f) Fair market value. When approving a project to acquire residential real property with assistance under this section or chapter 471, the Secretary must ensure the appraisal ignores any decrease or increase in fair market value caused by the project or the likelihood of acquisition, except a decrease caused by physical deterioration reasonably within the owner’s control.