PUBLIC LAW 103-272—JULY 5, 1994 108 STAT. 1261 at an airport may not be included in the percentage goal of paragraph (1) of this subsection for participation of small business concerns at the airport. (8) Not later than April 29, 1993, the Secretary of Transportation shall prescribe regulations to carry out this subsection. (f) AVAILABILITY OF AMOUNTS. —An amount deposited in the Airport and Airway Trust Fund under— (1) subsection (c)(2)(A)(iii) of this section is available to the Secretary of Transportation to make a grant for airport development or airport planning under section 47104 of this title; (2) subsection (c)(2)(B)(iii) of this section is available to the Secretary— (A) to make a grant for a purpose described in section 47115(b) of this title; and (B) for use under section 47114(d)(2) of this title at another airport in the State in which the land was disposed of under subsection (c)(2)(B)(ii) of this section; and (3) subsection (c)(2)(B)(iii) of this section is in addition to an amount made available to the Secretary under section 48103 of this title and not subject to apportionment under section 47114 of this title. (g) ENSURING COMPLIANCE. —(1) To ensure compHance with this section, the Secretary of Transportation— (A) shall prescribe requirements for sponsors that the Secretary considers necessary; and (B) may make a contract with a public agency. (2) The Secretary of Transportation may approve an application for a project grant only if the Secretary is satisfied that the requirements prescribed under paragraph (1)(A) of this subsection have been or will be met. (h) MODIFYING ASSURANCES AND REQUIRING COMPLIANCE WITH ADDITIONAL ASSURANCES.—Before modifying an assurance required of a person receiving a grant under this subchapter and in effect gifter December 29, 1987, or to require compliance with an additional assurance from the person, the Secretary of Transportation must— (1) publish notice of the proposed modification in the Federal Register; and (2) provide an opportunity for comment on the proposal. (i) RELIEF FROM OBLIGATION TO PROVIDE FREE SPACE. —When a sponsor provides a property interest in a land or water area or a building that the Secretary of Transportation uses to construct a facility at Government expense, the Secretary may relieve the sponsor from an obligation in a contract made under this chapter, the Airport and Airway Development Act of 1970, or the Federal Airport Act to provide free space to the Government in an airport building, to the extent the Secretary finds that the free space no longer is needed to carry out activities related to air traffic control or navigation. (j) USE OF REVENUE IN HAWAII.— (1) In this subsection— (A) "duty-free merchandise" and "duty-free sales enterprise" have the same meanings given those terms in section 555(b)(8) of the Tariff Act of 1930 (19 U.S.C. 1555(b)(8)). (B) "highway" and "Federal-aid system" have the same meanings given those terms in section 101(a) of title 23. (2) Notwithstanding subsection (b)(1) of this section, Hawaii may use, for a project for construction or reconstruction of a highway Regulations. Federal Register, publication. 79-194 O—95—18: QL 3 Part 2
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