Page:United States Statutes at Large Volume 101 Part 3.djvu/198

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PUBLIC LAW 100-000—MMMM. DD, 1987

101 STAT. 1496

PUBLIC LAW 100-223—DEC. 30, 1987 and (a)(2) proportionately so that such 49.5 percent amount is achieved. "(4) MAXIMUM PERCENTAGE OF APPORTIONMENTS TO ANY CARGO

SERVICE AIRPORT.—The Secretary shall not apportion to the sponsor of any airport more than 8 percent of the total amount of apportionments under subsection (a)(2) for any fiscal year. "(5) TREATMENT OF ALASKA.— "(A) APPORTIONMENT FORMULA.—Notwithstanding

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any

other provision of subsection (a), for any fiscal year for which funds are made available under section 505 of this title the Secretary may apportion funds for airports in the 0,i State of Alaska in the same manner in which funds were apportioned in fiscal year 1980 under section 15(a) of the Airport and Airway Development Act of 1970. "(B) MINIMUM APPORTIONMENT.—In no event shall the total amount apportioned for such airports under this paragraph for any fiscal year be less than the minimum amounts that were required to be apportioned to such airports in fiscal year 1980 under section 15(a)(3)(A) of such Act. "(C) HOLD HARMLESS.—In no event shall a primary air• port be apportioned less under this paragraph for a fiscal year than it would be apportioned for such fiscal year under ,,,, subsection (a)(1). "(D) EXPENDITURES AT COMMERCIAL SERVICE AIRPORTS.—In

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no event shall the amount of funds apportioned under this paragraph which are expended at any commercial service airport in the State of Alaska during a fiscal year exceed 110 percent of the amount apportioned to such airport for such fiscal year. "(E) DISCRETIONARY FUNDING.—Nothing in this paragraph shall be construed as prohibiting the Secretary from making additional project grants to airports in the State of Alaska from the discretionary fund established by subsection (c). "(6) ELIGIBILITY.—

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Grants.

"(A) ALASKA.—Notwithstanding subsection (a)(3)(B), funds apportioned under such subsection for airports in the State of Alaska may be made available by the Secretary for public airports described in section 508(d)(3)(C) in such State. "(B) PUERTO RICO.—Notwithstanding subsection (a)(3)(B), funds apportioned under such subsection for airports in the Commonwealth of Puerto Rico may be made available by the Secretary for primary airports and airports described in section 508(d)(3) in such Commonwealth.

"(c) DISCRETIONARY FUND.—

"(1) ESTABLISHMENT.—Subject to section 508(d) and paragraph (2) of this subsection any amounts— "(A) which are made available for a fiscal year under section 505, ' "(B) which have not been previously apportioned by the Secretary, and 1"(C) which are not apportioned under subsections (a) and (b)(5) of this subsection, shall constitute a discretionary fund to be distributed at the discretion of the Secretary. Such discretionary fund shall be