49 U.S. Code § 47124 - Agreements for State and local operation of airport facilities
[1] So in original. Probably should be preceded by “section”.
[2] So in original. Probably should be preceded by “Committee on”.
Historical and Revision Notes |
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Revised Section |
Source (U.S. Code) |
Source (Statutes at Large) |
47124(a) |
49 App.:2222. |
Sept. 3, 1982, Pub. L. 97–248, § 526, 96 Stat. 698. |
47124(b)(1) |
49 App.:2222 (note). |
Dec. 30, 1987, Pub. L. 100–223, § 306, 101 Stat. 1526. |
47124(b)(2) |
49 App.:1344(h). |
Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 747, § 303(h); added Oct. 31, 1992, Pub. L. 102–581, § 201(a), 106 Stat. 4890. |
In subsection (a), the words “In the powers granted under section 2218 of this Appendix” and “contract or other” are omitted as surplus. The word “relieves” is substituted for “contain, among others, a provision relieving”, and the words “from any liability arising out of, or related to” are substituted for “of any and all liability for the payment of any claim or other obligation arising out of or in connection with”, to eliminate unnecessary words.
In subsection (b)(1), the words “in effect” are omitted as surplus. The words “on December 30, 1987” are added for clarity.
In subsection (b)(2), the word “Secretary” is substituted for “Administrator” for consistency in the chapter.
The date of enactment of this subparagraph, referred to in subsec. (b)(2)(B), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.
The date of enactment of the FAA Reauthorization Act of 2024, referred to in subsec. (b)(2)(B), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.
The date of enactment of this subsection, referred to in subsec. (d)(1)(B), is the date of enactment of Pub. L. 115–254, which was approved Oct. 5, 2018.
The date of enactment of this subsection, referred to in subsecs. (f)(1), (2), (g), and (h)(1), (4), (5)(C), is the date of enactment of Pub. L. 118–63, which was approved May 16, 2024.
Section 161 of the FAA Reauthorization Act of 2018, referred to in subsec. (h)(3), is section 161 of Pub. L. 115–254, which is set out as a note under section 47104 of this title.
2024—Subsec. (b)(1)(B)(ii). Pub. L. 118–63, § 1101(v), struck out second period at end.
Subsec. (b)(2). Pub. L. 118–63, § 625(b), designated existing provisions as subpar. (A), inserted heading, and added subpar. (B).
Subsec. (b)(3)(B)(ii). Pub. L. 118–63, § 621(c)(1), inserted “or a remote air traffic control tower equipment that has received System Design Approval from the Federal Aviation Administration” after “an operating air traffic control tower”.
Subsec. (b)(3)(C)(viii) to (x). Pub. L. 118–63, § 625(c), added cls. (viii) to (x).
Subsec. (b)(3)(H). Pub. L. 118–63, § 620(1), added subpar. (H).
Subsec. (b)(4)(A)(i)(III). Pub. L. 118–63, § 621(c)(2)(A), inserted “or remote air traffic control tower equipment that has received System Design Approval from the Federal Aviation Administration” after “certified by the Federal Aviation Administration”.
Subsec. (b)(4)(A)(ii)(I). Pub. L. 118–63, § 712(c)(2)(A)(i), substituted “subsections (c) and (d) of section 47114” for “sections 47114(c)(2) and 47114(d)”.
Subsec. (b)(4)(A)(ii)(II). Pub. L. 118–63, § 712(c)(2)(A)(ii), substituted “sections 47114(c) and 47114(d)(2)(A)” for “sections 47114(c)(2) and 47114(d)(3)(A)”.
Subsec. (b)(4)(A)(ii)(III). Pub. L. 118–63, § 712(c)(2)(A)(iii), substituted “sections 47114(c) and 47114(d)(2)(A)” for “sections 47114(c)(2) and 47114(d)(3)(A)”.
Pub. L. 118–63, § 621(c)(2)(B), inserted “or remote air traffic control tower equipment that has received System Design Approval from the Federal Aviation Administration” after “certified by the Federal Aviation Administration”.
Subsec. (b)(4)(B)(v). Pub. L. 118–63, § 712(c)(2)(B), substituted “section 47114(d)(2)(B)” for “section 47114(d)(2) or 47114(d)(3)(B)”.
Subsecs. (f), (g). Pub. L. 118–63, § 620(2), added subsecs. (f) and (g).
Subsec. (h). Pub. L. 118–63, § 621(a)(1), added subsec. (h).
2018—Subsec. (b)(1)(B). Pub. L. 115–254, § 133(a)(1), substituted “under the Contract Tower Program” for “under the program continued under this paragraph” and “exceeds the benefit—” and cls. (i) and (ii) for “exceeds the benefit for a period of 18 months after such determination is made”.
Subsec. (b)(1)(C). Pub. L. 115–254, § 133(c)(1), substituted “the Cost-share Program” for “the program established under paragraph (3)”.
Subsec. (b)(3). Pub. L. 115–254, § 133(c)(2)(A), substituted “Cost-share program” for “Contract air traffic control tower program” in heading.
Subsec. (b)(3)(A). Pub. L. 115–254, § 133(c)(2)(B), substituted “Contract Tower Program” for “contract tower program established under subsection (a) and continued under paragraph (1) (in this paragraph referred to as the ‘Contract Tower Program’)”.
Subsec. (b)(3)(B). Pub. L. 115–254, § 133(c)(2)(C), substituted “In carrying out the Cost-share Program” for “In carrying out the program” in introductory provisions.
Subsec. (b)(3)(C). Pub. L. 115–254, § 133(c)(2)(D), substituted “participate in the Cost-share Program” for “participate in the program” in introductory provisions.
Subsec. (b)(3)(D). Pub. L. 115–254, § 133(a)(2), substituted “under the Cost-share Program” for “under the program” and inserted at end “Airports with air service provided under part 121 of title 14, Code of Federal Regulations, and more than 25,000 passenger enplanements in calendar year 2014 shall be exempt from any cost-share requirement under this paragraph.”
Subsec. (b)(3)(E). Pub. L. 115–141 substituted “2012 through 2018” for “2012 through 2017 and not more than $5,160,822 for the period beginning on October 1, 2017, and ending on March 31, 2018,”.
Subsec. (b)(3)(F). Pub. L. 115–254, § 133(c)(2)(E), substituted “the Contract Tower Program” for “the program continued under paragraph (1)”.
Subsec. (b)(3)(G). Pub. L. 115–254, § 133(a)(4), added subpar. (G).
Subsec. (b)(4)(A)(i)(III), (ii)(III). Pub. L. 115–254, § 133(a)(3)(A), inserted “, including remote air traffic control tower equipment certified by the Federal Aviation Administration” after “1996”.
Subsec. (b)(4)(B)(i)(I). Pub. L. 115–254, § 133(a)(3)(B), substituted “Contract Tower Program or the Cost-share Program” for “contract tower program established under subsection (a) and continued under paragraph (1) or the pilot program established under paragraph (3)”.
Subsec. (b)(4)(C). Pub. L. 115–254, § 133(a)(3)(C), struck out subpar. (C). Text read as follows: “The Federal share of the cost of construction of a nonapproach control tower under this paragraph may not exceed $2,000,000.”
Subsecs. (d), (e). Pub. L. 115–254, § 133(b), added subsecs. (d) and (e).
2017—Subsec. (b)(3)(E). Pub. L. 115–63 inserted “and not more than $5,160,822 for the period beginning on October 1, 2017, and ending on March 31, 2018,” after “fiscal years 2012 through 2017”.
2016—Subsec. (b)(3)(E). Pub. L. 114–190 substituted “fiscal years 2012 through 2017” for “fiscal years 2012 through 2015 and not more than $8,193,750 for the period beginning on October 1, 2015, and ending on July 15, 2016,”.
Pub. L. 114–141 substituted “$8,193,750 for the period beginning on October 1, 2015, and ending on July 15, 2016,” for “$5,175,000 for the period beginning on October 1, 2015, and ending on March 31, 2016,”.
2015—Subsec. (b)(3)(E). Pub. L. 114–55 inserted “and not more than $5,175,000 for the period beginning on October 1, 2015, and ending on March 31, 2016,” after “fiscal years 2012 through 2015”.
2014—Subsec. (b)(3)(D). Pub. L. 113–76 and Pub. L. 113–235, which identically directed substitution of “benefit, with the maximum allowable local cost share capped at 20 percent.” for “benefit.”, could not be executed because of the prior amendment by Pub. L. 112–55. See 2011 Amendment note below.
2012—Subsec. (b)(1). Pub. L. 112–95, § 147(a)(1), designated existing provisions as subpar. (A), inserted par. and subpar. headings, and added subpars. (B) and (C).
Subsec. (b)(2). Pub. L. 112–95, § 147(a)(2), inserted heading.
Subsec. (b)(3)(E), (F). Pub. L. 112–95, § 147(b), added subpars. (E) and (F) and struck out former subpar. (E). Prior to amendment, text of subpar. (E) read as follows: “Of the amounts appropriated pursuant to section 106(k), not more than $6,500,000 for fiscal 2004, $7,000,000 for fiscal year 2005, $7,500,000 for fiscal year 2006, and $8,000,000 for fiscal year 2007 may be used to carry out this paragraph.”
Subsec. (b)(4)(C). Pub. L. 112–95, § 147(c), substituted “$2,000,000” for “$1,500,000”.
Subsec. (c). Pub. L. 112–95, § 147(d), added subsec. (c).
2011—Subsec. (b)(3)(D). Pub. L. 112–55 substituted “benefit, with the maximum allowable local cost share capped at 20 percent.” for “benefit.”
2003—Subsec. (a). Pub. L. 108–176, § 105(1), added subsec. (a) and struck out heading and text of former subsec. (a). Text read as follows: “The Secretary of Transportation shall ensure that an agreement under this subchapter with a State or a political subdivision of a State to allow the State or subdivision to operate an airport facility in the State or subdivision relieves the United States Government from any liability arising out of, or related to, acts or omissions of employees of the State or subdivision in operating the airport facility.”
Subsec. (b)(2). Pub. L. 108–176, § 105(2), added par. (2) and struck out former par. (2) which read as follows: “The Secretary may make a contract, on a sole source basis, with a State or a political subdivision of a State to allow the State or subdivision to operate an airport traffic control tower classified as a level I (Visual Flight Rules) tower if the Secretary decides that the State or subdivision has the capability to comply with the requirements of this paragraph. The contract shall require that the State or subdivision comply with applicable safety regulations in operating the facility and with applicable competition requirements in making a subcontract to perform work to carry out the contract.”
Subsec. (b)(3). Pub. L. 108–176, § 105(3)(A), (B), struck out “pilot” before “program” in par. heading, before “program to contract” in subpar. (A), before “program, the Secretary” in subpars. (B) and (C), and before “program exceed” in subpar. (D).
Subsec. (b)(3)(A). Pub. L. 108–7, § 370(b)(2)(A), substituted “nonapproach control towers, as defined by the Secretary,” for “Level I air traffic control towers, as defined by the Secretary,”.
Subsec. (b)(3)(E). Pub. L. 108–176, § 105(3)(C), substituted “$6,500,000 for fiscal 2004, $7,000,000 for fiscal year 2005, $7,500,000 for fiscal year 2006, and $8,000,000 for fiscal year 2007” for “$6,000,000 per fiscal year”.
Pub. L. 108–7, § 370(b)(2)(B), substituted “Of” for “Subject to paragraph (4)(D), of”.
Subsec. (b)(4). Pub. L. 108–7, § 370(b)(1), reenacted heading without change and amended text generally. Prior to amendment, par. authorized the Secretary to provide grants under this subchapter to not more than two airport sponsors for the construction of a low-level activity visual flight rule (level 1) air traffic control tower.
Subsec. (b)(4)(C). Pub. L. 108–176, § 105(4), substituted “$1,500,000” for “$1,100,000”.
2000—Subsec. (b)(3), (4). Pub. L. 106–181 added pars. (3) and (4).
Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.
Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.
Pub. L. 108–7, div. I, title III, § 370(b)(3), Feb. 20, 2003, 117 Stat. 426, provided that:
Pub. L. 118–63, title VI, § 605, May 16, 2024, 138 Stat. 1224, provided that:
Pub. L. 118–63, title VI, § 606, May 16, 2024, 138 Stat. 1225, provided that:
Pub. L. 118–63, title VI, § 611, May 16, 2024, 138 Stat. 1226, provided that:
Pub. L. 118–63, title VI, § 624(c), May 16, 2024, 138 Stat. 1241, provided that:
Pub. L. 118–63, title VI, § 625(a), May 16, 2024, 138 Stat. 1241, provided that:
Pub. L. 115–254, div. B, title I, § 133(d), Oct. 5, 2018, 132 Stat. 3209, provided that:
Pub. L. 108–7, div. I, title III, § 370(c), Feb. 20, 2003, 117 Stat. 426, provided that:
Pub. L. 108–7, div. I, title III, § 370(d), Feb. 20, 2003, 117 Stat. 427, provided that:
Pub. L. 103–305, title V, § 508, Aug. 23, 1994, 108 Stat. 1596, provided that: