49 U.S.C. § 47133: Restriction on use of revenues

the airport; the local airport system; or any other local facility that is owned or operated by the person or entity that owns or operates the airport that is directly and substantially related to the air transportation of passengers or property. Subsection (a) shall not apply if a provision enacted not later than September 2, 1982 , in a law controlling financing by the airport owner or operator, or a covenant or assurance in a debt obligation issued not later than September 2, 1982 , by the owner or operator, provides that the revenues, including local taxes on aviation fuel at public airports, from any of the facilities of the owner or operator, including the airport, be used to support not only the airport but also the general debt obligations or other facilities of the owner or operator. the sale is approved by the Secretary; funding is provided under this subchapter for any portion of the public sponsor’s acquisition of airport land; and an amount equal to the remaining unamortized portion of any airport improvement grant made to that airport for purposes other than land acquisition, amortized over a 20-year period, plus an amount equal to the Federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996 , is repaid to the Secretary by the private owner. Repayments referred to in paragraph (2)(C) shall be treated as a recovery of prior year obligations. Nothing in this section may be construed to prevent the use of a State tax on aviation fuel to support a State aviation program or the use of airport revenue on or off the airport for a noise mitigation purpose. Notwithstanding any other provision of law, the Administrator of the Federal Aviation Administration may declare certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport to be revenue greater than the amount needed to carry out the 5-year projected maintenance needs of the airport in order to comply with the applicable design and safety standards of the Administration. An airport sponsor that is in compliance with the conditions under subsection (c) may allocate revenue identified by the Administrator under subsection (a) for Federal, State, or local transportation infrastructure projects carried out by the airport sponsor or by a governing body within the geographical limits of the airport sponsor’s jurisdiction. includes the projected costs for the operation, maintenance, and capacity needs of the airport in order to comply with applicable design and safety standards of the Administration; and appropriately adjusts such costs to account for inflation; to waive all rights to receive entitlement funds or discretionary funds to be used at the airport under section 47114 or 47115 of title 49, United States Code, during the 5-year period of the capital improvement plan described in paragraph (1); to perpetually comply with sections 47107(b) and 47133 of such title, unless granted specific exceptions by the Administrator in accordance with this section; and to operate the airport as a public-use airport, unless the Administrator specifically grants a request to allow the airport to close; and complies with all grant assurance obligations in effect as of the date of the enactment of this Act [ Feb. 14, 2012 ] during the 20-year period beginning on the date of enactment of this Act. Not later than 90 days after receiving an airport sponsor’s application and requisite supporting documentation to declare that certain mineral revenue is not needed to carry out the 5-year capital improvement program at such airport, the Administrator shall determine whether the airport sponsor’s request should be granted. The Administrator may not unreasonably deny an application under this subsection. Not later than 90 days after the date of enactment of this Act, the Administrator shall promulgate regulations to carry out this section. In this section, the term ‘general aviation airport’ has the meaning given that term in section 47102 of title 49 , United States Code, as amended by this Act.”