Page:United States Statutes at Large Volume 114 Part 1.djvu/115

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PUBLIC LAW 106-181—APR. 5, 2000 114 STAT. 79 I air traffic control towers, as defined by the Secretary, that do not quahfy for the contract tower program estab- Hshed under subsection (a) and continued under paragraph (1) (in this paragraph referred to as the 'Contract Tower Program'). "(B) PROGRAM COMPONENTS.— In carrying out the pilot program, the Secretary shall— "(i) utilize for purposes of cost-benefit analyses, current, actual, site-specific data, forecast estimates, or airport master plan data provided by a facility owner or operator and verified by the Secretary; and "(ii) approve for participation only facilities willing to fund a pro rata share of the operating costs of the air traffic control tower to achieve a 1-to-l benefitto-cost ratio using actual site-specific contract tower operating costs in any case in which there is an operating air traffic control tower, as required for eligibility under the Contract Tower Program. "(C) PRIORITY. —In selecting facilities to participate in the pilot program, the Secretary shall give priority to the following facilities: "(i) Air traffic control towers that are participating in the Contract Tower Program but have been notified that they will be terminated from such program because the Secretary has determined that the benefitto-cost ratio for their continuation in such program is less than 1.0. "(ii) Air traffic control towers that the Secretary determines have a benefit-to-cost ratio of at least.50. "(iii) Air traffic control towers of the Federal Aviation Administration that are closed as a result of the air traffic controllers strike in 1981. "(iv) Air traffic control towers located at airports or points at which an air carrier is receiving compensation under the essential air service program under this chapter. "(v) Air traffic control towers located at airports that are prepared to assume partial responsibility for maintenance costs. "(vi) Air traffic control towers located at airports with safety or operational problems related to topography, weather, runway configuration, or mix of aircraft. "(vii) Air traffic control towers located at an airport at which the community has been operating the tower at its own expense. "(D) COSTS EXCEEDING BENEFITS.— If the costs of operating an air traffic tower under the pilot program exceed the benefits, the airport sponsor or State or local government having jurisdiction over the airport shall pay the portion of the costs that exceed such benefit. "(E) FUNDING.—Subject to paragraph (4)(D), of the amounts appropriated pursuant to section 106(k), not more than $6,000,000 per fiscal year may be used to carry out this paragraph. " (4) CONSTRUCTION OF AIR TRAFFIC CONTROL TOWERS.—