AIP FORMULA CHANGES.

SEC. 104. AIP FORMULA CHANGES. (a) Amounts Apportioned to Sponsors.— (1) Amounts to be apportioned.—Section 47114(c)(1) is amended— (A) in subparagraph (B) by striking “$500,000” and inserting “$650,000”, and (B) by adding at the end the following: “(C) Special rule.—In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more— “(i) the amount to be apportioned to a sponsor under subparagraph (A) shall be increased by doubling the amount that would otherwise be apportioned; “(ii) the minimum apportionment to a sponsor under subparagraph (B) shall be $1,000,000 rather than $650,000; and “(iii) the maximum apportionment to a sponsor under subparagraph (B) shall be $26,000,000 rather than $22,000,000. “(D) New airports.—Notwithstanding subparagraph (A), the Secretary shall apportion on the first day of the first fiscal year following the official opening of a new airport with scheduled passenger air transportation an amount equal to the minimum amount set forth in subparagraph (B) or (C), as appropriate, to the sponsor of such airport. “(E) Use of previous fiscal year’s apportionment.—Notwithstanding subparagraph (A), the Secretary may apportion to an airport sponsor in a fiscal year an amount equal to the amount apportioned to that sponsor in the previous fiscal year if the Secretary finds that— 114 STAT. 68 “(i) passenger boardings at the airport fell below 10,000 in the calendar year used to calculate the apportionment; “(ii) the airport had at least 10,000 passenger boardings in the calendar year prior to the calendar year used to calculate apportionments to airport sponsors in a fiscal year; and “(iii) the cause of the shortfall in passenger boardings was a temporary but significant interruption in service by an air carrier to that airport due to an employment action, natural disaster, or other event unrelated to the demand for air transportation at the affected airport.”. (2) Conforming amendments.—Section 47114(c)(1) is amended— (A) by striking “(1)(A) The Secretary” and inserting the following: “(1) Primary airports.— “(A) Apportionment.—The Secretary”; (B) in subparagraph (B) by striking “(B) Not less” and inserting the following: “(B) Minimum and maximum apportionments.—Not less”; and (C) by aligning the left margin of subparagraph (A) (including clauses (i) through (v)) and subparagraph (B) with subparagraphs (C) and (D) (as added by paragraph (1)(B) of this subsection). (b) Cargo Only Airports.—Section 47114(c)(2) is amended— (1) in subparagraph (A) by striking “2.5 percent” and inserting “3 percent”; and (2) in subparagraph (C) by striking “Not more than” and inserting “In any fiscal year in which the total amount made available under section 48103 is less than $3,200,000,000, not more than”. (c) Entitlement for General Aviation Airports.—Section 47114(d) is amended to read as follows: “(d) Amounts Apportioned for General Aviation Airports.— “(1) Definitions.—In this subsection, the following definitions apply: “(A) Area.—The term ‘area’ includes land and water. “(B) Population.—The term ‘population’ means the population stated in the latest decennial census of the United States. “(2) Apportionment.—Except as provided in paragraph (3), the Secretary shall apportion to the States 18.5 percent of the amount subject to apportionment for each fiscal year as follows: “(A) 0.66 percent of the apportioned amount to Guam, American Samoa, the Northern Mariana Islands, and the Virgin Islands. “(B) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the population of each of those States bears to the total population of all of those States. 114 STAT. 69 “(C) Except as provided in paragraph (4), 49.67 percent of the apportioned amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in subparagraph (A) in the proportion that the area of each of those States bears to the total area of all of those States. “(3) Special rule.—In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, rather than making an apportionment under paragraph (2), the Secretary shall apportion 20 percent of the amount subject to apportionment for each fiscal year as follows: “(A) To each airport, excluding primary airports but including reliever and nonprimary commercial service airports, in States the lesser of— “(i) $150,000; or “(ii) ⅕ of the most recently published estimate of the 5-year costs for airport improvement for the airport, as listed in the national plan of integrated airport systems developed by the Federal Aviation Administration under section 47103. “(B) Any remaining amount to States as follows: “(i) 0.62 percent of the remaining amount to Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and the Virgin Islands. “(ii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the population of each of those States bears to the total population of all of those States. “(iii) Except as provided in paragraph (4), 49.69 percent of the remaining amount for airports, excluding primary airports but including reliever and nonprimary commercial service airports, in States not named in clause (i) in the proportion that the area of each of those States bears to the total area of all of those States. “(4) Airports in alaska, Puerto rico, and Hawaii.—An amount apportioned under paragraph (2) or (3) to Alaska, Puerto Rico, or Hawaii for airports in such State may be made available by the Secretary for any public airport in those respective jurisdictions. “(5) Use of state highway specifications.— “(A) In general.—The Secretary may permit the use of State highway specifications for airfield pavement construction using funds made available under this subsection at nonprimary airports with runways of 5,000 feet or shorter serving aircraft that do not exceed 60,000 pounds gross weight if the Secretary determines that— “(i) safety will not be negatively affected; and “(ii) the life of the pavement will not be shorter than it would be if constructed using Administration standards. “(B) Limitation.—An airport may not seek funds under this subchapter for runway rehabilitation or reconstruction 114 STAT. 70 of any such airfield pavement constructed using State highway specifications for a period of 10 years after construction is completed unless the Secretary determines that the rehabilitation or reconstruction is required for safety reasons. “(6) Integrated airport system planning.—Notwithstanding any other provision of this subsection, funds made available under this subsection may be used for integrated airport system planning that encompasses one or more primary airports.”. (d) Supplemental Apportionment for Alaska.—Section 47114(e) is amended— (1) in the subsection heading by striking “Alternative” and inserting “Supplemental”; (2) in paragraph (1)— (A) by striking “Instead of apportioning amounts for airports in Alaska under” and inserting “In general.—” Notwithstanding”; and (B) by striking “those airports” and inserting “airports in Alaska”; (3) in paragraph (2) by inserting “Authority for discretionary grants.—” before “This subsection”; (4) by striking paragraph (3) and inserting the following: “(3) Airports eligible for funds.—An amount apportioned under this subsection may be used for any public airport in Alaska. “(4) Special rule.—In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, the amount that may be apportioned for airports in Alaska under paragraph (1) shall be increased by doubling the amount that would otherwise be apportioned.”; and (5) by indenting paragraph (1) and aligning paragraph (1) (and its subparagraphs) and paragraph (2) with paragraphs (3) and (4) (as added by paragraph (4) of this subsection). (e) Grants for Airport Noise Compatibility Planning.—Section 47117(e)(1)(A) is amended by striking “31 percent” each place it appears and inserting “34 percent”. (f) Grants for Reliever Airports.—Section 47117(e)(1) is amended by adding at the end the following: “(C) In any fiscal year in which the total amount made available under section 48103 is $3,200,000,000 or more, at least two-thirds of 1 percent for grants to sponsors of reliever airports which have— “(i) more than 75,000 annual operations; “(ii a runway with a minimum usable landing distance of 5,000 feet; “(iii) a precision instrument landing procedure; “(iv) a minimum number of aircraft, to be determined by the Secretary, based at the airport; and “(v) been designated by the Secretary as a reliever airport to an airport with 20,000 hours of annual delays in commercial passenger aircraft takeoffs and landings.”. (g) Repeal of Apportionment Limitation on Commercial Service Airports in Alaska.—Section 47117 is amended by striking subsection (f) and by redesignating subsections (g) and (h) as subsections (f) and (g), respectively. 114 STAT. 71