49 U.S.C. § 47504: Noise compatibility programs

consulting with public agencies and planning authorities in the area surrounding the airport, United States Government officials having local responsibility for the airport, and air carriers using the airport; and notice and an opportunity for a public hearing. establishing a preferential runway system; restricting the use of the airport by a type or class of aircraft because of the noise characteristics of the aircraft; constructing barriers and acoustical shielding and soundproofing public buildings; using flight procedures to control the operation of aircraft to reduce exposure of individuals to noise in the area surrounding the airport; and acquiring land, air rights, easements, development rights, and other interests to ensure that the property will be used in ways compatible with airport operations. does not place an unreasonable burden on interstate or foreign commerce; is reasonably consistent with achieving the goal of reducing noncompatible uses and preventing the introduction of additional noncompatible uses; and provides for necessary revisions because of a revised map submitted under section 47503(b) of this title . A program (except as the program is related to flight procedures referred to in subsection (a)(2)(D) of this section) is deemed to be approved if the Secretary does not act within the 180-day period. The Secretary shall submit any part of a program related to flight procedures referred to in subsection (a)(2)(D) of this section to the Administrator of the Federal Aviation Administration. The Administrator shall approve or disapprove that part of the program. The Secretary shall not approve in fiscal years 2004 through 2007 a program submitted under subsection (a) if the program requires the expenditure of funds made available under section 48103 for mitigation of aircraft noise less than 65 DNL. an airport operator submitting the program; and a unit of local government in the area surrounding the airport, if the Secretary decides the unit is able to carry out the project. if the airport operator received approval for a grant for a project to soundproof residential buildings pursuant to section 301(d)(4)(B) of the Airport and Airway Safety and Capacity Expansion Act of 1987; if the airport operator submits updated noise exposure contours, as required by the Secretary; and if the Secretary determines that the proposed projects are compatible with the purposes of this chapter; if the airport operator amended an existing local aircraft noise regulation during calendar year 1993 to increase the maximum permitted noise levels for scheduled air carrier aircraft as a direct result of implementation of revised aircraft noise departure procedures mandated for aircraft safety purposes by the Administrator of the Federal Aviation Administration for standardized application at airports served by scheduled air carriers; if the airport operator submits updated noise exposure contours, as required by the Secretary; and if the Secretary determines that the proposed projects are compatible with the purposes of this chapter; to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to carry out any part of a program developed before February 18, 1980 , or before implementing regulations were prescribed, if the Secretary decides the program is substantially consistent with reducing existing noncompatible uses and preventing the introduction of additional noncompatible uses and the purposes of this chapter will be furthered by promptly carrying out the program; to an airport operator and unit of local government referred to in paragraph (1)(A) or (1)(B) of this subsection to soundproof a building in the noise impact area surrounding the airport that is used primarily for educational or medical purposes and that the Secretary decides is adversely affected by airport noise; to an airport operator of a congested airport (as defined in section 47175) and a unit of local government referred to in paragraph (1)(B) of this subsection to carry out a project to mitigate noise in the area surrounding the airport if the project is included as a commitment in a record of decision of the Federal Aviation Administration for an airport capacity enhancement project (as defined in section 47175) even if that airport has not met the requirements of part 150 of title 14, Code of Federal Regulations; and replacement windows, doors, and the installation of through-the-wall air conditioning units; or a contribution of the equivalent costs to be used for reconstruction if reconstruction is the preferred local solution; is located at a school near the airport; and is included in a memorandum of agreement entered into before September 30, 2002 , even if the airport has not met the requirements of part 150 of title 14, Code of Federal Regulations, and only if the financial limitations of the memorandum are applied. An airport operator may agree to make a grant made under paragraph (1)(A) of this subsection available to a public agency in the area surrounding the airport if the Secretary decides the agency is able to carry out the project. 80 percent of the cost of the project; or the Government’s share that would apply if the amounts available for the project were made available under subchapter I of chapter 471 of this title for a project at the airport. section 47109(a) and (b) of this title; and any provision that the Secretary decides is inconsistent with, or unnecessary to carry out, this chapter. The Secretary may make a grant under this subsection for a project even if the purpose of the project is to mitigate the effect of noise primarily caused by military aircraft at an airport. The Government is not liable for damages from aviation noise because of action taken under this section. In accordance with subsection (c)(1), the Secretary may make a grant to an airport operator to assist in completing environmental review and assessment activities for proposals to implement flight procedures at such airport that have been approved as part of an airport noise compatibility program under subsection (b). The Administrator may accept funds from an airport operator, including funds provided to the operator under paragraph (1), to hire additional staff or obtain the services of consultants in order to facilitate the timely processing, review, and completion of environmental activities associated with proposals to implement flight procedures at such airport that have been approved as part of an airport noise compatibility program under subsection (b). shall be credited as offsetting collections to the account that finances the activities and services for which the funds are accepted; shall be available for expenditure only to pay the costs of activities and services for which the funds are accepted; and shall remain available until expended. In approving a project to acquire residential real property using financial assistance made available under this section or chapter 471, the Secretary shall ensure that the appraisal of the property to be acquired disregards any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project, other than that due to physical deterioration within the reasonable control of the owner.