PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-363 commercial service airports each of which annually has less than 0.05 percent of the total annual enplanements in the United States for any purpose for which funds are made available under section 505. "(4) TREATMENT OF AIRPORTS PARTICIPATING IN STATE BLOCK PROGRAM.—An airport in a State which is participating in the State block grant program under section 534 shall be eligible to receive grants pursuant to this subsection to the same extent that the airport would be eligible to receive such grants if the State was not participating in such program.". (c) PROHIBITION ON REDUCED FUNDING. —It is the sense of Congress 49 USC app. that the Secretary should not reduce funding under the discre- 2206 note, tionary fund established under section 507(c) of the Airport and Airway Improvement Act of 1982 for small commercial service and general aviation airports as a result of additional funds made available to such airports under this section, including amendments made by this section. SEC. 9113. SMALL COMMUNITY AIR SERVICE PROGRAM. (a) DEFINITION OF ELIGIBLE POINT.— Section 419(a) of the Federal Aviation Act of 1958 (49 U.S.C. App. 1389(a)) is amended to read as follows: " (a) ELIGIBLE POINT DEFINED. — "(1) GENERAL RULE.— For purposes of this section, the term 'eligible point' means any point in the United States— "(A) which was defined as an eligible point under this section as in effect before October 1, 1988; "(B) which received scheduled air transportation at any time after January 1, 1990; and "(C) which is not listed in the Department of Transportation Orders 89-9-37 and 89-12 -52 as being a point no longer eligible for compensation under this section. "(2) LIMITATION ON USE OF PER PASSENGER SUBSIDY. —The Secretary may not determine that a point described in paragraph (1) is not an eligible point on the basis of the per passenger subsidy at the point or on any other basis not specifically set forth in this section.". (b) FUNDING. — (1) IN GENERAL.— Section 419 of such Act is amended by redesignating subsection (1), and any reference thereto, as subsection (m) and by inserting after subsection (k) the following new subsection: " (1) FUNDING. — "(1) C!oNTRACT AUTHORITY.— The Secretary is authorized to enter into agreements and to incur obligations from the Airport and Airway Trust Fund for the payment of compensation under this section. Approval by the Secretary of such an agreement shall be deemed a contractual obligation of the United States for payment of the Federal share of such compensation. "(2) AMOUNTS AVAILABLE. —There shall be available to the Secretary from the Airport and Airway Trust Fund to incur obligations under this section $38,600,000 per fiscal year for each of fiscal years 1992, 1993, 1994, 1995, 1996, 1997, and 1998. Such amounts shall remain available until expended.". (2) EFFECTIVE DATE. —The amendment made by paragraph (1) 49 USC app. shall take effect October 1, 1991. 1389 note.
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