Airport and Airway Improvement Act of 1981

(Reported to House from the Committee on Public Works and Transportation with amendment, H. Rept. 97-24 (Part II))

Airport and Airway Improvement Act of 1981 - Directs the Secretary of Transportation to publish biennially the status of the existing national airport system plan to provide for the development of public-use airports in the United States. Directs that such plan shall include the type and estimated cost of eligible airport development considered by the Secretary to be necessary to provide a safe and efficient system of public-use airports to anticipate and meet the needs of civil aeronautics, requirements in support of the national defense, and the needs of the Postal Service. Declares that such plan shall be known as the national plan of integrated airport systems.

Directs the Administrator of the Federal Aviation Administration to submit to the Congress, and revise and publish annually, a national airways system plan. Specifies that such plan shall set forth, for a ten- year period, the programs, facilities, and equipment considered by the Administrator to be necessary for a system of airways, air traffic services, and navigation aids which will meet the needs of: (1) civil aeronautics; (2) the national defense; and (3) air commerce safety. Sets forth additional information to be included in such plan. Directs the Secretary to report annually to Congress on the operations of such national airways system.

Directs the Department of Defense to make military airports and airport facilities available for civil use to the extent feasible. Directs the Secretary of Defense to submit to Congress an evaluation of the military airport system and a plan to make military airports and airport facilities available for civil use to the maximum extent feasible.

Authorizes the Secretary of Transportation to make grants from the Airport and Airway Trust Fund for airport development and planning in the form of project grants. Sets forth the aggregate funding level for such grants for fiscal years 1981 through 1983.

States that no obligation shall be incurred by the Secretary for airport development at a privately owned public-use airport unless the Secretary receives assurances that such airport will continue to function as a public-use airport during the economic life (no less than ten years) of any facility at such airport that was developed with Federal financial assistance under this Act.

Authorizes appropriations out of the Trust Fund for fiscal years 1981 through 1983 for: (1) the establishment of air navigation facilities (of which not less than 20 percent of the total amount appropriated shall be for the installation of guidance and safety equipment at commercial service and reliever airports); (2) airport research, engineering, and development, and demonstration projects; (3) training of State and local government employees to carry out the purposes of this Act; (4) costs of services provided under international agreements relating to the joint financing of air navigation services; and (5) costs incurred in operating and maintaining air navigation facilities in a safe and efficient condition. Limits expenditures for such services and facilities.

Requires notice to be given to the Speaker of the House, President of the Senate, and certain Congressional committees before funds are used for certain research and development projects.

Prohibits appropriations from the Trust Fund to carry out programs or activities, except as specified, under the Federal Aviation Act of 1958. Directs that amounts authorized shall remain available in the Trust Fund until appropriated for the purposes described. States that amounts transferred to the Trust Fund by the Airport and Airway Revenue Act of 1970 may not be appropriated for administrative expenses of the Department of Transportation.

Grants the Secretary the authority to obligate to an airport by grant agreement the unobligated balance of amounts that were apportioned in prior fiscal years and that remain available for approved airport development projects, in addition to amounts authorized for that fiscal year by this Act.

Directs the Administrator to submit budget information or legislative recommendations to specified Congressional officials and committees whenever he submits these to the Executive Branch.

Sets forth the method for apportioning the funds made available under this Act. Specifies conditions applicable to such apportionments for airports, including primary airports and reliever airports, integrated airport system planning, and airport noise compatibility planning.

Sets forth procedures for the submission of project grant airport development applications and requirements which must be satisfied for approval of such applications.

Requires a sponsor of an airport project to hold public hearings where the project grant application involves the location of an airport, an airport runway, or a major runway extension. States that such a grant shall not be made unless the Governor of the State in which the project is to be located certifies in writing to the Secretary that there is a reasonable assurance that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality implementation plans.

Permits the Secretary, in establishing priorities for the distribution of funds available under this Act, to give priority to approval of projects that are consistent with integrated airport system plans.

Authorizes the Secretary to approve standards (other than standards for safety of approaches) established by a State for airport development at public-use airports which are not primary airports.

Authorizes the Secretary, in connection with any project under this Act, to require the project sponsor to certify that all of the statutory and administrative requirements imposed by this Act will be observed.

States that the United States share of allowable project costs for a project approved under this Act shall be 80 percent of its cost. Establishes lower percentages for such projects under specified circumstances. Imposes upon the Secretary, as a condition precedent to approval of an airport development project contained in a project grant application submitted under this Act, the duty to receive written assurances that: (1) such airport will be available for public-use on fair, reasonable, equitable, and nondiscriminatory terms; (2) generally, no person providing aeronautical services to the public will have an exclusive right to use such airport; (3) such airport and related facilities will be suitably operated and maintained, with due regard to climatic and flood conditions; (4) the aerial approaches to such airport will be adequately cleared, protected, and hazard-free; (5) land in the immediate vicinity of such airport will be used for purposes compatible with airport operations; (6) such airport's facilities will be available for use by United States Government aircraft; (7) the airport operator or owner will furnish certain land, water, or estate therein to the Federal Government for use in connection with air traffic control, navigation, weather reporting, or communications activities related to air traffic control; (8) all project records will be kept in accordance with a standard accounting system; (9) the airport operator or owner will maintain a fee and rental structure for the facilities and services being provided to airport users which will make the airport as self-sustaining as possible; (10) such operator or owner will submit reports as requested by the Secretary; (11) the airport and all airport records will be available for the Secretary's inspection; and (12) such operator or owner who receives a grant for the purchase of land for noise compatibility purposes which is conditioned on the disposal of the acquired land at the earliest practicable time will use its best efforts to so dispose of such land.

Authorizes the Secretary to relieve a project sponsor from contractual obligations entered into under this Act, the Airport and Airway Development Act of 1970, or the Federal Airport Act, to provide free space in airport buildings to the Federal Government.

Directs the Secretary, upon approving a project grant application, to transmit an offer to the sponsors thereof to make a grant for the United States share of allowable project costs. Sets forth procedures for the execution of such agreements.

Directs the Secretary first to determine that the cost of an airport development or planning project is allowable before the United States pays from amounts appropriated to carry out the provisions of this Act. Sets forth criteria to be used in determining whether such costs are allowable.

Authorizes the Secretary to approve, as allowable costs of an airport development project, terminal development costs in nonrevenue producing public-use areas that are directly related to the movement of passengers and baggage.

Limits, under specified conditions, amounts to be obligated for project costs. Directs that the United States share of such costs shall not exceed 50 percent. Describes project costs not allowed under this Act. Authorizes the Secretary to determine, within certain parameters, the times and amounts in which payments shall be made under such agreements.

States that construction work on projects funded under this Act shall be subject to inspection and approval by the Secretary and shall be in accordance with regulations prescribed by the Secretary.

States that contracts in excess of $2,000 for such construction projects shall include provisions establishing minimum rates of wages to be predetermined by the Secretary of Labor in accordance with the Davis-Bacon Act.

Requires that construction contracts for airport development projects grant employment preferences to Vietnam and disabled veterans.

Directs the Secretary of Transportation, in the event that a public airport project will require the use of Federal lands, to request the head of the Federal agency or department controlling such lands to transfer the necessary property interest to the public agency sponsoring the project or owning or controlling the airport involved. Requires the head of such an agency or department to notify the Secretary within four months of its decision with respect to such a request. Exempts from such request lands under the administration of the National Park Service, units of the National Wildlife Refuge System or similar areas under the jurisdiction of the United States Fish and Wildlife Service, or within any national forest or Indian reservation.

Directs the Secretary to report annually to the Congress describing operations under this Act during the preceding fiscal year.

Sets forth criminal penalties for fraudulent acts committed with regard to projects under this Act.

Sets forth recordkeeping and auditing requirements with regard to projects under this Act.

Directs the Secretary to take affirmative action to assure that no person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any activity conducted with funds received from any grant made under this Act.

Repeals the provisions of the Airport and Airway Development Act of 1970.

Amends the Aviation Safety and Noise Abatement Act of 1979 to authorize the Secretary to incur obligations to make grants for airport noise compatibility planning. States that all of the provisions of this Act applicable to grants made herein shall be applicable to grants made under such Act.

Amends the Airport and Airway Development Act Amendments of 1976 to authorize $19,750,000 to be appropriated out of the Airport and Airway Trust Fund. Provides that no compensation shall be paid from such funds before the date which is 180 days after the date of enactment of the International Air Transportation Competition Act of 1979.

Directs the Secretary to determine the need for: (1) an airborne surveillance radar system for low level air traffic control at Tyrone, Pennsylvania; and (2) an air traffic control center in the region which includes central and western Pennsylvania and New York and northern Maryland. Directs the Secretary to report such findings to Congress within six months after the date of enactment of this Act.

Directs the Secretary to appoint a task force to study the problems of allocating the use of airport facilities and airspace.

Directs the Secretary, in consultation with the Secretary of Health and Human Services, to study and report to Congress on: (1) the effectiveness of airport emergency plans; and (2) the utility of mobile medical emergency facilities as an element of such plans.

Directs the Secretary of Transportation, beginning on the date of enactment of this Act and ending on September 30, 1983, to provide for the part-time operation of not more than 60 existing flight service stations operated by the Federal Aviation Administration. Permits the Secretary to close not more than five such stations before October 1, 1983, and to close additional stations if the service provided after such closing (provided by mechanical device or by contract with another party) is as good as or better than the service provided when the station was open.

Directs the Secretary to continue the Explosive Detection K-9 Team Training Program for the purpose of detecting explosives at airports and aboard aircraft. Authorizes appropriations for such program.

Authorizes the Secretary to release from certain restrictions specified properties owned by: (1) Gary, Indiana; and (2) the Greater Rockford, Illinois, Airport Authority.

Directs the Secretary to provide that commuter airlines serving smaller communities be given priority in being considered for specified aircraft purchase loan guarantee commitments. Terminates such authority on September 30, 1983.