Discretionary fund

§ 47115. Discretionary fund (a) Existence and Amounts in Fund.—The Secretary of Transportation has a discretionary fund. The fund consists of— (1) amounts subject to apportionment for a fiscal year that are not apportioned under section 47114(c)–(e) of this title; and (2) 25 percent of amounts not apportioned under section 47114 of this title because of section 47114(f). (b) Availability of Amounts.—Subject to subsection (c) of this section and section 47117(e) of this title, the fund is available for making grants for any purpose for which amounts are made available under section 48103 of this title that the Secretary considers most appropriate to carry out this subchapter. However, 50 percent of amounts not apportioned under section 47114 of this title because of section 47114(f) and added to the fund is available for making grants for projects at small hub airports (as defined in section 41731 of this title). (c) Minimum Percentage for Primary and Reliever Airports.—At least 75 percent of the amount in the fund and distributed by the Secretary in a fiscal year shall be used for making grants— (1) to preserve and enhance capacity, safety, and security at primary and reliever airports; and (2) to carry out airport noise compatibility planning and programs at primary and reliever airports. (d) Considerations.—In selecting a project for a grant to pre serve and enhance capacity as described in subsection (c)(1) of this section, the Secretary shall consider— (1) the effect the project will have on the overall national air transportation system capacity; (2) the project benefit and cost; and 108 STAT. 1271 (3) the financial commitment from non-United States Government sources to preserve or enhance airport capacity. (e) Waiving Percentage Requirement.—If the Secretary decides the Secretary cannot comply with the percentage requirement of subsection (c) of this section in a fiscal year because there are insufficient qualified grant applications to meet that percentage, the amount the Secretary determines will not be distributed as required by subsection (c) is available for obligation during the fiscal year without regard to the requirement.