49 U.S.C. § 47104: Project grant authority

To maintain a safe and efficient nationwide system of public-use airports that meets the present and future needs of civil aeronautics, the Secretary of Transportation may make project grants under this subchapter from the Airport and Airway Trust Fund. The Secretary may incur obligations to make grants from amounts made available under section 48103 of this title as soon as the amounts are apportioned under section 47114(c) and (d)(2) of this title. remaining available after that date under section 47117(b) of this title ; or recovered by the United States Government from grants made under this chapter if the amounts are obligated only for increases under section 47108(b)(2) and (3) of this title in the maximum amount of obligations of the Government for any other grant made under this title. in consultation with airport operators and other aviation stakeholders, a pilot program at public-use airports to construct and operate remote towers in order to assess their operational benefits; a selection process for participation in the pilot program; and a clear process for the safety and operational certification of the remote towers. Prior to the operational use of a remote tower under the pilot program established in subsection (a), the Administrator shall convene a safety risk management panel for the tower to address any safety issues with respect to the tower. The panels shall be created and utilized in a manner similar to that of the safety risk management panels previously convened for remote towers and shall take into account existing best practices and operational data from existing remote towers in the United States. In establishing the pilot program, the Administrator shall consult with operators of remote towers in the United States and foreign countries to design the pilot program in a manner that leverages as many safety and airspace efficiency benefits as possible. The operator of an airport seeking to participate in the pilot program shall submit to the Administrator an application that is in such form and contains such information as the Administrator may require. to the maximum extent practicable, ensure that at least 2 different vendors of remote tower systems participate; identify which air traffic control information and data will assist the Administrator in evaluating the feasibility, safety, costs, and benefits of remote towers; implement processes necessary to collect the information and data identified in subparagraph (B); develop criteria, in addition to considering possible selection criteria in paragraph (5), for the selection of airports that will best assist the Administrator in evaluating the feasibility, safety, costs, and benefits of remote towers, including the amount and variety of air traffic at an airport; and prioritize the selection of airports that can best demonstrate the capabilities and benefits of remote towers, including applicants proposing to operate multiple remote towers from a single facility. 1 nonhub airport; 3 airports that are not primary airports and that do not have existing air traffic control towers; 1 airport that participates in the Contract Tower Program; and 1 airport selected at the discretion of the Administrator. The Administrator shall clearly identify and collect air traffic control information and data from participating airports that will assist the Administrator in evaluating the feasibility, safety, costs, and benefits of remote towers. detailing any benefits, costs, or safety improvements associated with the use of the remote towers; and evaluating the feasibility of using remote towers, particularly in the Contract Tower Program, for airports without an air traffic control tower, to improve safety at airports with towers, or to reduce costs without impacting safety at airports with or without existing towers. Not later than 1 year after the date of enactment of this Act [ Oct. 5, 2018 ], the Administrator shall select airports for participation in the pilot program. The term ‘Contract Tower Program’ has the meaning given the term in section 47124(e) of title 49 , United States Code, as added by this Act. The term ‘remote tower’ means a remotely operated air navigation facility, including all necessary system components, that provides the functions and capabilities of an air traffic control tower whereby air traffic services are provided to operators at an airport from a location that may not be on or near the airport. The terms ‘nonhub airport’, ‘primary airport’, and ‘public-use airport’ have the meanings given such terms in section 47102 of title 49 , United States Code. This subsection, including the report required under paragraph (8), shall not be in effect after September 30, 2028 . Concurrent with the establishment of the process for safety and operational certification of remote towers under subsection (a)(1)(C), the Administrator shall establish a process to authorize the construction and commissioning of additional remote towers that are certificated under subsection (a)(1)(C) at other airports. For purposes of the pilot program under subsection (a), and after certificated remote towers are available under subsection (b), constructing a remote tower or acquiring and installing air traffic control, communications, or related equipment specifically for a remote tower shall be considered airport development (as defined in section 47102 of title 49 , United States Code) for purposes of subchapter I of chapter 471 of that title if the components are installed and used at the airport, except, as needed, for off-airport sensors installed on leased towers.” The Secretary of Transportation may carry out a pilot program involving not more than 6 projects in each fiscal year at public-use airports in accordance with this section. In carrying out the program, the Secretary may make grants to sponsors of public-use airports from funds apportioned under section 47117(e)(1)(A) of title 49 , United States Code. Amounts from a grant received by the sponsor of a public-use airport under the program shall be used for environmental mitigation projects that will measurably reduce or mitigate aviation impacts on noise, air quality, or water quality at the airport or within 5 miles of the airport. Notwithstanding any other provision of chapter 471 of title 49, United States Code, an environmental mitigation project approved under this section shall be treated as eligible for assistance under that chapter. will achieve the greatest reductions in aircraft noise, airport emissions, or airport water quality impacts either on an absolute basis or on a per dollar of funds expended basis; and will be implemented by an eligible consortium. The Federal share of the cost of a project carried out under the program shall be 50 percent. Not more than $2,500,000 may be made available by the Secretary in grants under the program for any single project. The Secretary may establish and publish information identifying best practices for reducing or mitigating aviation impacts on noise, air quality, and water quality at airports or in the vicinity of airports based on the projects carried out under the program. The program shall terminate on October 1, 2028 . Businesses incorporated in the United States. Public or private educational or research organizations located in the United States. Entities of State or local governments in the United States. Federal laboratories. introduces new environmental mitigation techniques or technologies that have been proven in laboratory demonstrations; proposes methods for efficient adaptation or integration of new concepts into airport operations; and practical to implement at or near multiple public-use airports; and capable of reducing noise, airport emissions, or water quality impacts in measurably significant amounts. The Administrator of the Federal Aviation Administration may accept funds from the Secretary of Defense to increase the authorized funding for this section by the amount of such transfer only to carry out projects designed for environmental mitigation at a site previously, but not currently, managed by the Department of Defense. If additional funds are made available by the Secretary of Defense under paragraph (1), the Administrator may increase the number of grantees under subsection (a).”