117 STAT. 2538
PUBLIC LAW 108–176—DEC. 12, 2003
‘‘(d) MAINTENANCE OF EFFORT.—No funds may be accepted pursuant to subsection (a), or transferred pursuant to subsection (b), in any fiscal year in which the Federal Aviation Administration does not allocate at least the amount it expended in fiscal year 2002 (excluding amounts accepted pursuant to section 337 of the Department of Transportation and Related Agencies Appropriations Act, 2002 (115 Stat. 862)) for the activities described in subsection (a). ‘‘§ 47174. Authorization of appropriations ‘‘In addition to the amounts authorized to be appropriated under section 106(k), there is authorized to be appropriated to the Secretary of Transportation, out of the Airport and Airway Trust Fund established under section 9502 of the Internal Revenue Code of 1986 (26 U.S.C. 9502), $4,200,000 for fiscal year 2004 and for each fiscal year thereafter to facilitate the timely processing, review, and completion of environmental activities associated with airport capacity enhancement projects at congested airports. ‘‘§ 47175. Definitions ‘‘In this subchapter, the following definitions apply: ‘‘(1) AIRPORT SPONSOR.—The term ‘airport sponsor’ has the meaning given the term ‘sponsor’ under section 47102. ‘‘(2) CONGESTED AIRPORT.—The term ‘congested airport’ means an airport that accounted for at least 1 percent of all delayed aircraft operations in the United States in the most recent year for which such data is available and an airport listed in table 1 of the Federal Aviation Administration’s Airport Capacity Benchmark Report 2001. ‘‘(3) AIRPORT CAPACITY ENHANCEMENT PROJECT.—The term ‘airport capacity enhancement project’ means— ‘‘(A) a project for construction or extension of a runway, including any land acquisition, taxiway, or safety area associated with the runway or runway extension; and ‘‘(B) such other airport development projects as the Secretary may designate as facilitating a reduction in air traffic congestion and delays. ‘‘(4) AVIATION SAFETY PROJECT.—The term ‘aviation safety project’ means an aviation project that— ‘‘(A) has as its primary purpose reducing the risk of injury to persons or damage to aircraft and property, as determined by the Administrator; and ‘‘(B)(i) is needed to respond to a recommendation from the National Transportation Safety Board, as determined by the Administrator; or ‘‘(ii) is necessary for an airport to comply with part 139 of title 14, Code of Federal Regulations (relating to airport certification). ‘‘(5) AVIATION SECURITY PROJECT.—The term ‘aviation security project’ means a security project at an airport required by the Department of Homeland Security. ‘‘(6) FEDERAL AGENCY.—The term ‘Federal agency’ means a department or agency of the United States Government.’’. (b) CONFORMING AMENDMENT.—The analysis for such chapter is amended by adding at the end the following:
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