[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1786 Enrolled Bill (ENR)]


        S.1786

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
            the fourth day of January, two thousand and five


                                 An Act


 
 To authorize the Secretary of Transportation to make emergency airport 
 improvement project grants-in-aid under title 49, United States Code, 
  for repairs and costs related to damage from Hurricanes Katrina and 
                                  Rita.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EMERGENCY USE OF GRANTS-IN-AID FOR AIRPORT IMPROVEMENTS FOR 
              FISCAL YEARS 2005 AND 2006.

    (a) In General.--The Secretary of Transportation may make project 
grants under part B, subtitle VII, of title 49, United States Code, 
from amounts that remain unobligated after the date of enactment of 
this Act for fiscal years 2005 and 2006--
        (1) from apportioned funds under section 47114 of that title 
    apportioned to an airport described in subsection (b)(1) or to a 
    State in which such airport is located; or
        (2) from funds available for discretionary grants to such an 
    airport under section 47115 of such title.
    (b) Eligible Airports and Uses.--The Secretary may make grants 
under subsection (a) for--
        (1) emergency capital costs incurred by a public use airport in 
    Louisiana, Mississippi, Alabama, or Texas that is listed in the 
    Federal Aviation Administration's National Plan of Integrated 
    Airport Systems of repairing or replacing public use facilities 
    that have been damaged as a result of Hurricane Katrina or 
    Hurricane Rita; and
        (2) emergency operating costs incurred by an airport described 
    in paragraph (1) as a result of Hurricane Katrina or Hurricane 
    Rita.
    (c) Priorities.--In making grants authorized by subsection (a), the 
Secretary shall give priority to--
        (1) airport development within the meaning of section 47102 of 
    title 49, United States Code;
        (2) terminal development within the meaning of section 47110 of 
    that title;
        (3) repair or replacement of other public use airport 
    facilities; and
        (4) emergency operating costs incurred at public use airports 
    in Louisiana, Mississippi, Alabama, and Texas.
    (d) Modification of Certain Otherwise Applicable Requirements.--For 
purposes of any grant authorized by subsection (a)--
        (1) the Secretary may waive any otherwise applicable limitation 
    on, or requirement for, grants under section 47102, 47107(a)(17), 
    47110, or 47119 of title 49, United States Code, if the Secretary 
    determines that the waiver is necessary to respond, in as timely 
    and efficient a manner as possible, to the urgent needs of the 
    region damaged by Hurricane Katrina or Hurricane Rita;
        (2) the United States Government's share of allowable project 
    costs shall be 100 percent, notwithstanding the provisions of 
    section 47109 of that title;
        (3) any project funded by such a grant shall be deemed to be an 
    airport development project (within the meaning of section 47102 of 
    that title), except for the purpose of establishing priorities 
    under subsection (c) of this section among projects to be funded by 
    such grants; and
        (4) no project funded by such a grant may be considered, for 
    the purpose of any other provision of law, to be a major Federal 
    action significantly affecting the quality of the human 
    environment.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.