Project grant application approval conditioned on satisfaction of project requirements

§ 47106. Project grant application approval conditioned on satisfaction of project requirements (a) Project Grant Application Approval.—The Secretary of Transportation may approve an application under this subchapter for a project grant only if the Secretary is satisfied that— (1) the project is consistent with plans (existing at the time the project is approved) of public agencies authorized by the State in which the airport is located to plan for the development of the area surrounding the airport; (2) the project will contribute to carrying out this subchapter; (3) enough money is available to pay the project costs that will not be paid by the United States Government under this subchapter; (4) the project will be completed without unreasonable delay; and (5) the sponsor has authority to carry out the project as proposed. (b) Airport Development Project Grant Application Approval.—The Secretary may approve an application under this subchapter for an airport development project grant for an airport only if the Secretary is satisfied that— (1) the sponsor, a public agency, or the Government holds good title to the areas of the airport used or intended to be used for the landing, taking off, or surface maneuvering of aircraft, or that good title will be acquired; (2) the interests of the community in or near which the project may be located have been given fair consideration; and (3) the application provides touchdown zone and centerline runway lighting, high intensity runway lighting, or land necessary for installing approach light systems that the Secretary, considering the category of the airport and the kind and volume of traffic using it, decides is necessary for safe and efficient use of the airport by aircraft. (c) Environmental Requirements.—(1) The Secretary may approve an application under this subchapter for an airport development project involving the location of an airport or runway or a major runway extension— (A) only if the sponsor certifies to the Secretary that— (i) an opportunity for a public hearing was given to consider the economic, social, and environmental effects of the location and the location’s consistency with the objectives of any planning that the community has carried out; and (ii) the airport management board has voting representation from the communities in which the project is located or has advised the communities that they have the right to petition the Secretary about a proposed project; (B) only if the chief executive officer of the State in which the project will be located certifies in writing to the Secretary that there is reasonable assurance that the project will be located, designed, constructed, and operated in compliance with applicable air and water quality standards, except that the Administrator of the Environmental Protection Agency shall make the certification instead of the chief executive officer if— 108 STAT. 1255 (i) the State has not approved any applicable State or local standards; and (ii) the Administrator has prescribed applicable standards; and (C) if the application is found to have a significant adverse effect on natural resources, including fish and wildlife, natural, scenic, and recreation assets, water and air quality, or another factor affecting the environment, only after finding that no possible and prudent alternative to the project exists and that every reasonable step has been taken to minimize the adverse effect. (2) The Secretary may approve an application under this subchapter for an airport development project that does not involve the location of an airport or runway, or a major runway extension, at an existing airport without requiring an environmental impact statement related to noise for the project if— (A) completing the project would allow operations at the airport involving aircraft complying with the noise standards prescribed for “stage 2” aircraft in section 36.1 of title 14, Code of Federal Regulations, to replace existing operations involving aircraft that do not comply with those standards; and (B) the project meets the other requirements under this subchapter. (3) At the Secretary’s request, the sponsor shall give the Secretary a copy of the transcript of any hearing held under paragraph (1)(A) of this subsection. (4) (A) Notice of certification or of refusal to certify under paragraph (1)(B) of this subsection shall be provided to the Secretary not later than 60 days after the Secretary receives the application. (B) The Secretary shall condition approval of the application on compliance with the applicable standards during construction and operation. (5) The Secretary may make a finding under paragraph (1)(C) of this subsection only after completely reviewing the matter. The review and finding must be a matter of public record. (d) General Aviation Airport Project Grant Application Approval.—(1) In this subsection, “general aviation airport” means a public airport that is not an air carrier airport. (2) The Secretary may approve an application under this subchapter for an airport development project included in a project grant application involving the construction or extension of a runway at a general aviation airport located on both sides of a boundary line separating 2 counties within a State only if, before the application is submitted to the Secretary, the project is approved by the governing body of each village incorporated under the laws of the State and located entirely within 5 miles of the nearest boundary of the airport. (e) Withholding Approval.—(1) The Secretary may withhold approval of an application under this subchapter for amounts apportioned under section 47114(c) and (e) of this title for violating an assurance or requirement of this subchapter only if— (A) the Secretary provides the sponsor an opportunity for a hearing; and (B) not later than 180 days after the later of the date of the application or the date the Secretary discovers the noncompliance, the Secretary finds that a violation has occurred. 108 STAT. 1256 (2) The 180-day period may be extended by— (A) agreement between the Secretary and the sponsor; or (B) the hearing officer if the officer decides an extension is necessary because the sponsor did not follow the schedule the officer established. (3) A person adversely affected by an order of the Secretary withholding approval may obtain review of the order by filing a petition in the United States Court of Appeals for the District of Columbia Circuit or in the court of appeals of the United States for the circuit in which the project is located. The action must be brought not later than 60 days after the order is served on the petitioner.