In subsection (a), before clause (1), the words “Except as provided in subsections (b) and (c) of this section” are substituted for “Except as otherwise provided in this chapter” because subsections (b) and (c) restate the only parts of the chapter that provide exceptions to the general rule stated in subsection (a). In clauses (1) and (2), the words “for a project” are substituted for “payable on account of any project contained in an approved project grant application submitted in accordance with this chapter” in 49 App.:2209(a) and “payable on account of any project contained in an approved project grant application” in 49 App.:2209(b) for consistency in this chapter and to eliminate unnecessary words. A project cost is allowable only if it is incurred under a grant agreement made under the chapter, and a grant agreement may be made only if the project grant application is approved. In clause (1), the words “number of passenger boardings” are substituted for “enplaning . . . of the . . . passengers enplaned” because of the definition of “passenger boardings” in section 47102 of the revised title.

In subsection (b), the words “If, under subsection (a) of this section, the Government’s share of allowable costs . . . is less than the share applied on June 30, 1975, under section 17(b) of the Airport and Airway Development Act of 1970” and “(3) the percentage necessary to increase the Government’s share to the percentage that applied on June 30, 1975, under section 17(b) of the Act” are substituted for 49 App.:2209(c) (last sentence) for clarity. The words “of the total of all lands therein” are omitted as surplus.

In subsection (c), the words “Notwithstanding subsections (a) and (b) of this section” are substituted for “Notwithstanding any other provision of this chapter” because subsections (a) and (b) are the only other parts of the chapter that specify the United States Government’s share of allowable project costs.

Section 17(b) of the Airport and Airway Development Act of 1970, referred to in subsec. (b), is section 17(b) of Pub. L. 91–258, which was classified to section 1717(b) of former Title 49, Transportation, prior to repeal by Pub. L. 97–248, title V, § 523(a), Sept. 3, 1982, 96 Stat. 695.

The date of enactment of this subsection, referred to in subsec. (g)(3)(B), is the date of enactment of Pub. L. 117–254, which was approved Dec. 20, 2022.

2024—Subsec. (h). Pub. L. 118–63 added subsec. (h).

2022—Subsec. (g). Pub. L. 117–254 added subsec. (g).

2018—Subsec. (a)(1). Pub. L. 115–254, § 134(1), substituted “medium or large hub airport;” for “primary airport having at least .25 percent of the total number of passenger boardings each year at all commercial service airports;”.

Subsec. (a)(5). Pub. L. 115–254, § 134(2), added par. (5) and struck out former par. (5) which read as follows: “for fiscal year 2002, 100 percent for a project described in section 47102(3)(J), 47102(3)(K), or 47102(3)(L).”

2017—Subsec. (c)(2). Pub. L. 115–31 amended par. (2) generally. Prior to amendment, text read as follows: “The Government’s share of allowable project costs determined under this subsection shall not exceed the lesser of 93.75 percent or the highest percentage Government share applicable to any project in any State under subsection (b), except that at a primary non-hub airport located in a State as set forth in paragraph (1) of this subsection that is within 15 miles of another State as set forth in paragraph (1) of this subsection, the Government’s share shall be an average of the Government share applicable to any project in each of the States.”

2014—Subsec. (c)(2). Pub. L. 113–235 inserted before period at end “, except that at a primary non-hub airport located in a State as set forth in paragraph (1) of this subsection that is within 15 miles of another State as set forth in paragraph (1) of this subsection, the Government’s share shall be an average of the Government share applicable to any project in each of the States”.

2012—Subsec. (a). Pub. L. 112–95, § 137(1), substituted “otherwise provided in this section” for “provided in subsection (b) or subsection (c) of this section” in introductory provisions.

Subsecs. (e), (f). Pub. L. 112–95, § 137(2), added subsecs. (e) and (f).

2003—Subsec. (a). Pub. L. 108–176, § 162(b), substituted “Except as provided in subsection (b) or subsection (c)” for “Except as provided in subsection (b)” in introductory provisions.

Subsec. (a)(4). Pub. L. 108–176, § 163, substituted “70 percent” for “40 percent”.

Subsecs. (c), (d). Pub. L. 108–176, § 162(a), added subsec. (c) and redesignated former subsec. (c) as (d).

2001—Subsec. (a)(5). Pub. L. 107–71 added par. (5).

2000—Subsec. (a)(2) to (4). Pub. L. 106–181 added par. (2) and redesignated former pars. (2) and (3) as (3) and (4), respectively.

1996—Subsec. (a)(3). Pub. L. 104–264, § 149(c), added par. (3).

Subsec. (c). Pub. L. 104–264, § 1211, added subsec. (c).

1994—Subsec. (a). Pub. L. 103–305, § 114(1), substituted “subsection (b)” for “subsections (b) and (c)”.

Subsec. (c). Pub. L. 103–305, § 114(2), struck out subsec. (c) which read as follows: “(c) Limitation.—Notwithstanding subsections (a) and (b) of this section, the Government’s share of project costs allowable under section 47110(d) of this title may not be more than 75 percent, except that the Government’s share shall be 85 percent for a project at a commercial service airport that does not have more than .05 percent of the total annual passenger boardings in the United States.”

Amendment by Pub. L. 108–176 applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as a note under section 106 of this title.

Amendment by Pub. L. 106–181 applicable only to fiscal years beginning after Sept. 30, 1999, see section 3 of Pub. L. 106–181, set out as a note under section 106 of this title.

Except as otherwise specifically provided, amendment by Pub. L. 104–264 applicable only to fiscal years beginning after Sept. 30, 1996, and not to be construed as affecting funds made available for a fiscal year ending before Oct. 1, 1996, see section 3 of Pub. L. 104–264, set out as a note under section 106 of this title.

Pub. L. 117–254, § 2(b), Dec. 20, 2022, 136 Stat. 2361, provided that: “Not later than 90 days after the date of enactment of this Act [Dec. 20, 2022], the Administrator of the Federal Aviation Administration shall conduct an outreach effort to make airports aware of the higher cost share authority established in section 47109(g) of title 49, United States Code, as added by subsection (a).”

Pub. L. 117–254, § 2(d), Dec. 20, 2022, 136 Stat. 2362, provided that: “The amendments made by this Act [amending this section] shall apply to amounts that first become available in fiscal year 2023 or thereafter.”

Pub. L. 108–176, title I, § 161, Dec. 12, 2003, 117 Stat. 2513, as amended by Pub. L. 110–190, § 4(c), Feb. 28, 2008, 122 Stat. 644; Pub. L. 110–253, § 3(c)(3), June 30, 2008, 122 Stat. 2418; Pub. L. 110–330, § 5(i), Sept. 30, 2008, 122 Stat. 3718; Pub. L. 111–12, § 5(h), Mar. 30, 2009, 123 Stat. 1458; Pub. L. 111–69, § 5(i), Oct. 1, 2009, 123 Stat. 2055; Pub. L. 111–116, § 5(h), Dec. 16, 2009, 123 Stat. 3032; Pub. L. 111–153, § 5(h), Mar. 31, 2010, 124 Stat. 1085; Pub. L. 111–161, § 5(h), Apr. 30, 2010, 124 Stat. 1127; Pub. L. 111–197, § 5(h), July 2, 2010, 124 Stat. 1354; Pub. L. 111–216, title I, § 104(h), Aug. 1, 2010, 124 Stat. 2350; Pub. L. 111–249, § 5(i), Sept. 30, 2010, 124 Stat. 2628; Pub. L. 111–329, § 5(h), Dec. 22, 2010, 124 Stat. 3567; Pub. L. 112–7, § 5(h), Mar. 31, 2011, 125 Stat. 32; Pub. L. 112–16, § 5(h), May 31, 2011, 125 Stat. 219; Pub. L. 112–21, § 5(h), June 29, 2011, 125 Stat. 234; Pub. L. 112–27, § 5(h), Aug. 5, 2011, 125 Stat. 271; Pub. L. 112–30, title II, § 205(i), Sept. 16, 2011, 125 Stat. 358; Pub. L. 112–91, § 5(i), Jan. 31, 2012, 126 Stat. 4, provided that: “Notwithstanding section 47109(a) of title 49, United States Code, the Government’s share of allowable project costs for a grant made in any of fiscal years 2009 through 2011, or in the portion of fiscal year 2012 ending before February 18, 2012, under chapter 471 of that title for a project described in paragraph (2) or (3) of that section shall be 95 percent.”

[Pub. L. 110–253, § 3(c)(3), which directed amendment of section 161 of Pub. L. 108–176, set out above, by substituting “fiscal year 2008.” for “fiscal year 2008 before July 1, 2008.”, was executed by substituting “fiscal year 2008,” for “fiscal year 2008 before July 1, 2008,” to reflect the probable intent of Congress.]