[110th Congress Public Law 337]
[From the U.S. Government Printing Office]

[DOCID: f:publ337.110]

[[Page 122 STAT. 3729]]

Public Law 110-337
110th Congress

                                 An Act

To amend title 49, United States Code, to expand passenger facility fee 
 eligibility for certain noise compatibility projects. <<NOTE: Oct. 2, 
                           2008 -  [S. 996]>> 

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

[[Page 122 STAT. 3730]]

                    ``(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.''.

    Approved October 2, 2008.


            Feb. 28, considered and passed Senate.
            Sept. 17, considered and passed House.