65 



$18,750,000 of the amount made available for fiscal 

 year 1976, including such period, and $15,000,000 of 

 the amount made available for each of the other 

 fiscal years shall be distributed at the discretion of 

 the Secretary to reliever airports. 



(5) Each amount apportioned to a State under 

 paragraph (l)(A)(i) or (2) (A) or (4) (A) of this 

 subsection shall, during the fiscal year for which it 

 was first authorized to be obligated and the fiscal 

 year immediately following, be available only for 

 approved airport development projects located in 

 that State, or sponsored by that State or some pub- 

 lic agency thereof but located in an adjoining 

 State. Each amount apportioned to a sponsor of an 

 airport under paragraph (1) (B) or (3) (A) of this 

 subsection shall, during the fiscal year for which it 

 was first authorized to be obligated and the two 

 fiscal years immediately following, be available only 

 for approved airport development projects located 

 at airports sponsored by it. Any amount appor- 

 tioned as described in this paragraph which has 

 not been obligated by grant agreement at the ex- 

 piration of the period of time for which it was so 

 apportioned shall be added to the discretionary 

 fund established by subsection fb) of this section. 

 For purposes of this paragraph funds apportioned 

 pursuant to this section for fiscal year 1976, in- 

 cluding the period July 1, 1976, through September 

 30, 1976, shall be available for obligation for the 

 same period of time as if such funds were appor- 

 tioned for fiscal year 1976 exclusive of such period. 



(6) For the purposes of this section, the term 

 "passengers enplaned" shall include United States 

 domestic, territorial, and international revenue pas- 

 senger enplanements in scheduled and nonscheduled 

 service of air carriers and foreign air carriers in 

 intrastate and interstate commerce as shall be 

 determined by the Secretary pursuant to such 

 reBulatlons as he shall prescribe. 



(b) Di.scrt'tiotinry fund; crralioii niid uses. 



(1) The amounts aulhonzcil by subsection (a) of 

 this section to be distributed at the discretion of the 

 Secretary sliall constitute a discretionary fund. 



(2) The discretionary fund shall be available for 

 such approved projects for airport development in 

 the several States, the Commonwealth of Puerto 

 Rico, the Virgin Islands. American Samoa, the Trust 

 Territory of the Pacific Islands, and Guam as the 

 Secretary considers most appropriate for carrying 

 out the national airport system plan regardless of 

 the location of the projects. In determining the proj- 

 ects for which the fund is to be used, the Secretary 

 shall consider the existing airport facilities in the 

 several States, the Commonwealth of Puerto Rico, 

 the Virgin Islands, American Samoa, the Trust Ter- 

 ritory of the Pacific Islands, and Guam, and the need 

 for or lack of development of airport facilities in the 

 several States, the Commonwealth of Puerto Rico, 

 the Virgin Islands, American Samoa, the Trust Ter- 

 ritory of the Pacific Islands, and Guam. Amounts 

 placed in the discretionary fund pursuant to sub- 

 section (a) of this section, including amounts added 

 to the discretionary fund pursuant to paragraph (5) 



of such subsection (a), may be used only in accord- 

 ance with the purposes for which originally 

 appropriated. 



(c) Notice of apportionment: definitions. 



The Secretary shall inform each air carrier air- 

 port sponsor and the Governor of each State, or 

 the chief executive officer of the equivalent juris- 

 diction, as the case may be, on April 1 of each year 

 of the estimated amount of the apportionment to be 

 made on October 1 of that year. 



As used in this section, the term "population" 

 means the population according to the latest decen- 

 nial census of the United States and the term 

 "area" includes both land and water. (Pub. L. 91- 

 258, title I. 5 15, May 21, 1970. 84 State. 225.) 

 (As amended Pub. L. 92-174, § 4(31 , Nov. 27, 1971, 

 85 Stat. 492; Pub. L. 94-353, § 7, July 12, 1976, 90 

 Stat. 874.) 



Amendments 



1971— Subsec. (b) (2) . Pub. L. 92-174 Inserted refer- 

 ence to American Samoa and the Trust Territory of the 

 Paclflc Islands. 



Increase in Enplanements 



Pub. L. 94-353, § 7(e) , provided that: 



"In making the apportionment for fiscal year 1976, 

 Including the period July 1. 1976, through September 30, 

 1976, under section 1715(a)(3)(A) of the Airport and 

 Airway Development Act of 1970, the Secretary of 

 Transportation shall Increase the number of enplane- 

 ments at each airport by 25 percent." 



§ 1716. Project applications for airport development, 

 (a) Submission. 



Subject to the provisions of subsection (b) of this 

 section, any public agency, or two or more public 

 agencies acting jointly, may submit to the Secretary 

 a project application for one or more projects in a 

 form and containing such information, as the Sec- 

 retary may prescribe, setting forth the airport 

 development proposed to be undertaken. Until 

 July 1, 1975, no project application shall propose 

 airport development other than that included in 

 the then current revision of the national airport 

 system plan formulated by the Secretary under this 

 subchapter, and all proposed development shall be 

 in accordance with standards established by the 

 Secretary, including standards for site location, air- 

 port layout, grading, drainage, seeding, paving, 

 hghting, and safety of approaches. After June 30, 

 1975, no project application shall propose airport 

 development except in connection with the follow- 

 ing airports included in the current revision of the 

 national airport system plan formulated by the 

 Secretary under section 1712 of this title: (1) air 

 carrier airports. (2) commuter service airports, 

 (3) reliever airports, and (4) general aviation air- 

 ports (A) which are regularly served by aircraft 

 transporting United States mail, or (B) which are 

 regularly used by aircraft of a unit of the Air 

 National Guard or of a Reserve component of the 

 Armed Forces of the United States, or (C) which 

 the Secretary determines have a significant na- 

 tional interest. Except as provided in subsection 

 (g) , all proposed development shall be in accord- 



