One Hundred Tenth Congress of the United States of America 2d SessionBegun and held at the City of Washington on Thursday, the third day of January, two thousand and eight S. 996 IN THE SENATE OF THE UNITED STATES AN ACT To amend title 49, United States Code, to expand passenger facility fee eligibility for certain noise compatibility projects.

1.

Expanded passenger facility fee eligibility for noise compatibility projects

Section 40117(b) of title 49, United States Code, is amended by adding at the end the following: (7)

Noise mitigation for certain schools

(A)

In general

In addition to the uses specified in paragraphs (1), (4), and (6), the Secretary may authorize a passenger facility fee imposed under paragraph (1) or (4) at a large hub airport that is the subject of an amended judgment and final order in condemnation filed on January 7, 1980, by the Superior Court of the State of California for the county of Los Angeles, to be used for a project to carry out noise mitigation for a building, or for the replacement of a relocatable building with a permanent building, in the noise impacted area surrounding the airport at which such building is used primarily for educational purposes, notwithstanding the air easement granted or any terms to the contrary in such judgment and final order, if— (i)the Secretary determines that the building is adversely affected by airport noise; (ii)the building is owned or chartered by the school district that was the plaintiff in case number 986,442 or 986,446, which was resolved by such judgment and final order; (iii)the project is for a school identified in 1 of the settlement agreements effective February 16, 2005, between the airport and each of the school districts; (iv)in the case of a project to replace a relocatable building with a permanent building, the eligible project costs are limited to the actual structural construction costs necessary to mitigate aircraft noise in instructional classrooms to an interior noise level meeting current standards of the Federal Aviation Administration; and (v)the project otherwise meets the requirements of this section for authorization of a passenger facility fee. (B)

Eligible project costs

In subparagraph (A)(iv), the term eligible project costs means the difference between the cost of standard school construction and the cost of construction necessary to mitigate classroom noise to the standards of the Federal Aviation Administration. .

Speaker of the House of Representatives Vice President of the United States and President of the Senate