[109th Congress Public Law 87]
[From the U.S. Government Printing Office]
[DOCID: f:publ087.109]
[[Page 119 STAT. 2059]]
Public Law 109-87
109th Congress
An Act
To authorize the Secretary of Transportation to make emergency airport
improvement project grants-in-aid under title 49, United States Code,
for repairs and costs related to damage from Hurricanes Katrina and
Rita. <<NOTE: Oct. 7, 2005 - [S. 1786]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. <<NOTE: State listing.>> EMERGENCY USE OF GRANTS-IN-AID FOR
AIRPORT IMPROVEMENTS FOR FISCAL YEARS 2005 AND 2006.
(a) In General.--The Secretary of Transportation may make project
grants under part B, subtitle VII, of title 49, United States Code, from
amounts that remain unobligated after the date of enactment of this Act
for fiscal years 2005 and 2006--
(1) from apportioned funds under section 47114 of that title
apportioned to an airport described in subsection (b)(1) or to a
State in which such airport is located; or
(2) from funds available for discretionary grants to such an
airport under section 47115 of such title.
(b) Eligible Airports and Uses.--The Secretary may make grants under
subsection (a) for--
(1) emergency capital costs incurred by a public use airport
in Louisiana, Mississippi, Alabama, or Texas that is listed in
the Federal Aviation Administration's National Plan of
Integrated Airport Systems of repairing or replacing public use
facilities that have been damaged as a result of Hurricane
Katrina or Hurricane Rita; and
(2) emergency operating costs incurred by an airport
described in paragraph (1) as a result of Hurricane Katrina or
Hurricane Rita.
(c) Priorities.--In making grants authorized by subsection (a), the
Secretary shall give priority to--
(1) airport development within the meaning of section 47102
of title 49, United States Code;
(2) terminal development within the meaning of section 47110
of that title;
(3) repair or replacement of other public use airport
facilities; and
(4) emergency operating costs incurred at public use
airports in Louisiana, Mississippi, Alabama, and Texas.
(d) Modification of Certain Otherwise Applicable Requirements.--For
purposes of any grant authorized by subsection (a)--
(1) the Secretary may waive any otherwise applicable
limitation on, or requirement for, grants under section 47102,
47107(a)(17), 47110, or 47119 of title 49, United States Code,
[[Page 119 STAT. 2060]]
if the Secretary determines that the waiver is necessary to
respond, in as timely and efficient a manner as possible, to the
urgent needs of the region damaged by Hurricane Katrina or
Hurricane Rita;
(2) the United States Government's share of allowable
project costs shall be 100 percent, notwithstanding the
provisions of section 47109 of that title;
(3) any project funded by such a grant shall be deemed to be
an airport development project (within the meaning of section
47102 of that title), except for the purpose of establishing
priorities under subsection (c) of this section among projects
to be funded by such grants; and
(4) no project funded by such a grant may be considered, for
the purpose of any other provision of law, to be a major Federal
action significantly affecting the quality of the human
environment.
Approved October 7, 2005.
LEGISLATIVE HISTORY--S. 1786:
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CONGRESSIONAL RECORD, Vol. 151 (2005):
Sept. 28, considered and passed Senate.
Oct. 6, considered and passed House.
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