[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 996 Referred in House (RFH)]







110th CONGRESS
  2d Session
                                 S. 996


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                    IN THE HOUSE OF REPRESENTATIVES

                             March 3, 2008

     Referred to the Committee on Transportation and Infrastructure

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                                 AN ACT


 
To amend title 49, United States Code, to expand passenger facility fee 
         eligibility for certain noise compatibility projects.

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

SECTION 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.''.

            Passed the Senate February 28, 2008.

            Attest:

                                                NANCY ERICKSON,

                                                             Secretary.