Pub. L. 106-181, tit. I, subtit. C, sec. 151
TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED PROJECTS.
SEC. 151. TREATMENT OF CERTAIN FACILITIES AS AIRPORT-RELATED PROJECTS. Section 40117(a) is amended to read as follows: “(a) Definitions.—In this section, the following definitions apply: “(1) Airport, commercial service airport, and public agency.—The terms ‘airport’, ‘commercial service airport’, and ‘public agency’ have the meaning those terms have under section 47102. “(2) Eligible agency.—The term ‘eligible agency’ means a public agency that controls a commercial service airport. “(3) Eligible airport-related project.—The term ‘eligible airport-related project’ means any of the following projects: 114 STAT. 87 “(A) A project for airport development or airport planning under subchapter I of chapter 471. “(B) A project for terminal development described in section 47110(d). “(C) A project for airport noise capability planning under section 47505. “(D) A project to carry out noise compatibility measures eligible for assistance under section 47504, whether or not a program for those measures has been approved under section 47504. “(E) A project for constructing gates and related areas at which passengers board or exit aircraft. In the case of a project required to enable additional air service by an air carrier with less than 50 percent of the annual passenger boardings at an airport, the project for constructing gates and related areas may include structural foundations and floor systems, exterior building walls and load-bearing interior columns or walls, windows, door and roof systems, building utilities (including heating, air conditioning, ventilation, plumbing, and electrical service), and aircraft fueling facilities adjacent to the gate. “(4) Passenger facility fee.—The term ‘passenger facility fee’ means a fee imposed under this section. “(5) Passenger facility revenue.—The term ‘passenger facility revenue’ means revenue derived from a passenger facility fee.”.