Federal · Title 49 — Transportation

49 U.S.C. § 41742: Essential air service authorization

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Out of the amounts received by the Federal Aviation Administration credited to the account established under section 45303 of this title or otherwise provided to the Administration, the sum of $50,000,000 for each fiscal year is authorized and shall be made available immediately for obligation and expenditure to carry out the essential air service program under this subchapter. In addition to amounts authorized under paragraph (1), there is authorized to be appropriated out of the Airport and Airway Trust Fund (established under section 9502 of the Internal Revenue Code of 1986) $348,544,000 for fiscal year 2024, $340,000,000 for fiscal year 2025, $342,000,000 for fiscal year 2026, $342,000,000 for fiscal year 2027, and $350,000,000 for fiscal year 2028 to carry out the essential air service program under this subchapter of which not more than $12,000,000 per fiscal year may be used for the marketing incentive program for communities and for State marketing assistance. In addition to amounts authorized under paragraphs (1) and (2), there are authorized to be appropriated such sums as may be necessary for the Secretary of Transportation to hire and employ 4 additional employees for the office responsible for carrying out the essential air service program. Notwithstanding any other provision of law, in any fiscal year in which funds credited to the account established under section 45303, including the funds derived from fees imposed under the authority contained in section 45301(a), exceed the $50,000,000 made available under subsection (a)(1), such funds shall be made available immediately for obligation and expenditure to carry out the essential air service program under this subchapter. The funds made available under this section shall remain available until expended. air service in rural areas is essential to a national and international transportation network; the rural air service infrastructure supports the safe operation of all air travel; rural air service creates economic benefits for all air carriers by making the national aviation system available to passengers from rural areas; rural air service has suffered since deregulation; provides essential airline access to rural and isolated rural communities throughout the Nation; is necessary for the economic growth and development of rural communities; is a critical component of the national and international transportation system of the United States; and has endured serious funding cuts in recent years; and a reliable source of funding must be established to maintain air service in rural areas and the essential air service program.”

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