HR 6427 — Airport Regulatory Relief Act of 2025

changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 TITLE 49, UNITED STATES CODE

 * * * * * * *
SUBTITLE VII--AVIATION PROGRAMS

 * * * * * * *

PART B--AIRPORT DEVELOPMENT AND NOISE

 * * * * * * *

CHAPTER 471--AIRPORT DEVELOPMENT

 * * * * * * *

SUBCHAPTER I--AIRPORT IMPROVEMENT

 * * * * * * *

Sec. 47114. Apportionments

 (a) Definition.--In this section, ``amount subject to 
apportionment'' means the amount newly made available under 
section 48103 of this title for a fiscal year.
 (b) Apportionment Date.--On the first day of each fiscal 
year, the Secretary of Transportation shall apportion the 
amount subject to apportionment for that fiscal year as 
provided in this section.
 (c) Amounts Apportioned to Sponsors.--
 (1) Primary and commercial service airports.--
 (A) Primary airport apportionment.--The 
 Secretary shall apportion to the sponsor of 
 each primary airport for each fiscal year an 
 amount equal to--
 (i) $15.60 for each of the first 
 50,000 passenger boardings at the 
 airport during the prior calendar year;
 (ii) $10.40 for each of the next 
 50,000 passenger boardings at the 
 airport during the prior calendar year;
 (iii) $5.20 for each of the next 
 400,000 passenger boardings at the 
 airport during the prior calendar year;
 (iv) $1.30 for each of the next 
 500,000 passenger boardings at the 
 airport during the prior calendar year; 
 and
 (v) $1.00 for each additional 
 passenger boarding at the airport 
 during the prior calendar year.
 (B) Minimum and maximum apportionments.--Not 
 less than $1,300,000 nor more than $22,000,000 
 may be apportioned under subparagraph (A) to an 
 airport sponsor for a primary airport for each 
 fiscal year.
 (C) New airport.--Notwithstanding 
 subparagraph (A), the Secretary shall apportion 
 in the first fiscal year following the official 
 opening of a new airport with scheduled 
 passenger air transportation an amount equal to 
 $1,300,000 to the sponsor of such airport.
 (D) Nonprimary commercial service airport 
 apportionment.--
 (i) In general.--The Secretary shall 
 apportion to each commercial service 
 airport that is not a primary airport 
 an amount equal to--
 (I) $60 for each of the first 
 2,500 passenger boardings at 
 the airport during the prior 
 calendar year; and
 (II) $153.33 for each of the 
 next 7,499 passenger boardings 
 at the airport during the prior 
 calendar year.
 (ii) Applicability.--Paragraphs (4) 
 and (5) of subsection (d) shall apply 
 to funds apportioned under this 
 subparagraph.
 (E) Public airports with military use.--
 Notwithstanding any other provision of law, a 
 public airport shall be considered a primary 
 airport in each of fiscal years 2025 through 
 2028 for purposes of this chapter if such 
 airport was--
 (i) designated as a primary airport 
 in fiscal year 2017; and
 (ii) in use by an air reserve station 
 in the calendar year used to calculate 
 apportionments to airport sponsors in a 
 fiscal year.
 (F) Special rule for fiscal year 2024.--
 Notwithstanding any other provision of this 
 paragraph or the absence of scheduled passenger 
 service at an airport, the Secretary shall 
 apportion in fiscal year 2024 to the sponsor of 
 an airport an amount based on the number of 
 passenger boardings at the airport during 
 whichever of the following years that would 
 result in the highest apportioned amount under 
 this paragraph:
 (i) Calendar year 2018.
 (ii) Calendar year 2019.
 (iii) The prior full calendar year 
 prior to fiscal year 2024.
 (2) Cargo airports.--
 (A) Apportionment.--Subject to subparagraph (D), the 
 Secretary shall apportion an amount equal to 4 percent 
 of the amount subject to apportionment each fiscal year 
 to the sponsors of airports served by aircraft 
 providing air transportation of only cargo with a total 
 annual landed weight of more than 25,000,000 pounds.
 (B) Suballocation formula.--Any funds apportioned 
 under subparagraph (A) to sponsors of airports 
 described in subparagraph (A) shall be allocated among 
 those airports in the proportion that the total annual 
 landed weight of aircraft described in subparagraph (A) 
 landing at each of those airports bears to the total 
 annual landed weight of those aircraft landing at all 
 those airports.
 (C) Distribution to other airports.--Before 
 apportioning amounts to the sponsors of airports under 
 subparagraph (A) for a fiscal year, the Secretary may 
 set-aside a portion of such amounts for distribution to 
 the sponsors of other airports, selected by the 
 Secretary, that the Secretary finds will be served 
 primarily by aircraft providing air transportation of 
 only cargo.
 (D) Determination of landed weight.--Landed weight 
 under this paragraph is the landed weight of aircraft 
 landing at each airport described in subparagraph (A) 
 during the prior calendar year.
 (d) Amounts Apportioned for General Aviation Airports.--
 (1) Definitions.--In this subsection, the following 
 definitions apply:
 (A) Area.--The term ``area'' includes land 
 and water.
 (B) Population.--The term ``population'' 
 means the population stated in the latest 
 decennial census of the United States.
 (2) Apportionment.--In any fiscal year in which the 
 total amount made available under section 48103 is 
 $3,200,000,000 or more, rather than making an 
 apportionment under paragraph (2), the Secretary shall 
 apportion 25 percent of the amount subject to 
 apportionment for each fiscal year as follows:
 (A) To each airport, excluding commercial 
 service airports but including reliever 
 airports, in States the lesser of--
 (i) $150,000; or
 (ii) 1/5 of the most recently 
 published estimate of the 5-year costs 
 for airport improvement for the 
 airport, as listed in the national plan 
 of integrated airport systems developed 
 by the Federal Aviation Administration 
 under section 47103.
 (B) Any remaining amount to States as 
 follows:
 (i) 0.62 percent of the remaining 
 amount to Guam, American Samoa, the 
 Commonwealth of the Northern Mariana 
 Islands, and the Virgin Islands.
 (ii) Except as provided in paragraph 
 (4), 49.69 percent of the remaining 
 amount for airports, excluding 
 commercial service airports but 
 including reliever airports, in States 
 not named in clause (i) in the 
 proportion that the population of each 
 of those States bears to the total 
 population of all of those States.
 (iii) Except as provided in paragraph 
 (4), 49.69 percent of the remaining 
 amount for airports, excluding 
 commercial service airports but 
 including reliever airports, in States 
 not named in clause (i) in the 
 proportion that the area of each of 
 those States bears to the total area of 
 all of those States.
 (C) An airport that has previously been 
 listed as unclassified under the national plan 
 of integrated airport systems that has 
 reestablished the classified status of such 
 airport as of the date of apportionment shall 
 be eligible to accrue apportionment funds 
 pursuant to subparagraph (A) so long as such 
 airport retains such classified status.
 (3) Airports in noncontiguous states and 
 territories.--
 (A) Alaska, puerto rico, and hawaii.--An 
 amount apportioned under this subsection to 
 Alaska, Puerto Rico, or Hawaii for airports in 
 such State may be made available by the 
 Secretary for any public airport in those 
 respective jurisdictions.
 (B) Other territories.--An amount apportioned 
 under paragraph (2)(B)(i) may be made available 
 by the Secretary for any public-use airport in 
 Guam, American Samoa, the Northern Mariana 
 Islands, or the Virgin Islands if the Secretary 
 determines that there are insufficient 
 qualified grant applications for projects at 
 airports that are otherwise eligible for 
 funding under that paragraph. The Secretary 
 shall prioritize the use of such amounts in the 
 territory the amount was originally apportioned 
 in.
 [(4) Use of state highway specifications.--The 
 Secretary shall use the highway specifications of a 
 State for airfield pavement construction and 
 improvement using funds made available under this 
 subsection or subsection (c)(1)(D) at nonprimary 
 airports serving aircraft that do not exceed 60,000 
 pounds gross weight if--
 [(A) such State requests the use of such 
 specifications; and
 [(B) the Secretary determines that--
 [(i) safety will not be negatively 
 affected; and
 [(ii) the life of the pavement, with 
 necessary maintenance and upkeep, will 
 not be shorter than it would be if 
 constructed using Administration 
 standards.]
 (4) Use of state highway specifications.--
 (A) In general.--The Secretary shall use the 
 highway specifications of a State for airfield 
 pavement construction and improvement using 
 funds made available under this subsection or 
 subsection (c)(1)(D) at nonprimary airports 
 serving aircraft that do not exceed 60,000 
 pounds gross weight if--
 (i) such State provides notice to the 
 Secretary that nonprimary airports in 
 the State intend to use such highway 
 specifications; and
 (ii) the Secretary determines that 
 such specifications will not negatively 
 affect safety.
 (B) Deadline.--The Secretary shall make a 
 determination described in subparagraph (A)(ii) 
 not later than 6 months after a State provides 
 notice to the Secretary under subparagraph 
 (A)(i).
 (C) Extension.--If the Secretary determines 
 that the time provided under subparagraph (B) 
 is insufficient to make a determination, the 
 Secretary may extend the determination period 
 by 6 months, so long as the Secretary--
 (i) notifies the State that provided 
 notice pursuant to subparagraph (A)(i) 
 of the extension; and
 (ii) provides justification for the 
 extension to such State.
 (D) Additional extensions.--The Secretary may 
 authorize additional extensions under 
 subparagraph (C).
 (5) Integrated airport system planning.--
 Notwithstanding any other provision of this section, 
 funds made available under this subsection or 
 subsection (c)(1)(D) may be used for integrated airport 
 system planning that encompasses one or more primary 
 airports.
 (6) Eligibility to receive primary airport minimum 
 apportionment amount.--Notwithstanding any other 
 provision of this subsection, the Secretary may 
 apportion to an airport sponsor in a fiscal year an 
 amount equal to the minimum apportionment available 
 under subsection (c)(1)(B) if the Secretary finds that 
 the airport--
 (A) received scheduled or unscheduled air 
 service from a large certificated air carrier 
 (as defined in part 241 of title 14, Code of 
 Federal Regulations, or such other regulations 
 as may be issued by the Secretary under the 
 authority of section 41709) in the calendar 
 year used to calculate the apportionment; and
 (B) had more than 10,000 passenger boardings 
 in the calendar year used to calculate the 
 apportionment.
 (e) Supplemental Apportionment for Alaska.--
 (1) In general.--Notwithstanding subsections (c) and 
 (d) of this section, the Secretary may apportion 
 amounts for airports in Alaska in the way in which 
 amounts were apportioned in the fiscal year ending 
 September 30, 1980, under section 15(a) of the Act. 
 However, in apportioning amounts for a fiscal year 
 under this subsection, the Secretary shall apportion--
 (A) for each primary airport at least as much 
 as would be apportioned for the airport under 
 subsection (c)(1) of this section; and
 (B) a total amount at least equal to the 
 minimum amount required to be apportioned to 
 airports in Alaska in the fiscal year ending 
 September 30, 1980, under section 15(a)(3)(A) 
 of the Act.
 (2) Authority for discretionary grants.--This 
 subsection does not prohibit the Secretary from making 
 project grants for airports in Alaska from the 
 discretionary fund under section 47115 of this title.
 (3) Airports eligible for funds.--An amount 
 apportioned under this subsection may be used for any 
 public airport in Alaska.
 (4) Special rule.--In any fiscal year in which the 
 total amount made available under section 48103 is 
 $3,200,000,000 or more, the amount that may be 
 apportioned for airports in Alaska under paragraph (1) 
 shall be increased by doubling the amount that would 
 otherwise be apportioned.
 (f) Reducing Apportionments.--
 (1) In general.--Subject to paragraph (3), an amount 
 that would be apportioned under this section (except 
 subsection (c)(2)) in a fiscal year to the sponsor of a 
 medium or large hub airport for which a charge is 
 imposed in the fiscal year under section 40117 of this 
 title shall be reduced by an amount equal to--
 (A) in the case of a charge of $3.00 or 
 less--
 (i) except as provided in clause 
 (ii), 40 percent of the projected 
 revenues from the charge in the fiscal 
 year but not by more than 40 percent of 
 the amount that otherwise would be 
 apportioned under this section; or
 (ii) with respect to an airport in 
 Hawaii, 40 percent of the projected 
 revenues from the charge in the fiscal 
 year but not by more than 40 percent of 
 the excess of--
 (I) the amount that otherwise 
 would be apportioned under this 
 section; over
 (II) the amount equal to the 
 amount specified in subclause 
 (I) multiplied by the 
 percentage of the total 
 passenger boardings at the 
 applicable airport that are 
 comprised of interisland 
 passengers; and
 (B) in the case of a charge of more than 
 $3.00--
 (i) except as provided in clause 
 (ii), 60 percent of the projected 
 revenues from the charge in the fiscal 
 year but not by more than 60 percent of 
 the amount that otherwise would be 
 apportioned under this section; or
 (ii) with respect to an airport in 
 Hawaii, 60 percent of the projected 
 revenues from the charge in the fiscal 
 year but not by more than 60 percent of 
 the excess of--
 (I) the amount that otherwise 
 would be apportioned under this 
 section; over
 (II) the amount equal to the 
 amount specified in subclause 
 (I) multiplied by the 
 percentage of the total 
 passenger boardings at the 
 applicable airport that are 
 comprised of interisland 
 passengers.
 (2) Effective date of reduction.--
 (A) New charge collection.--A reduction in an 
 apportionment under paragraph (1) shall not 
 take effect until the first fiscal year 
 following the year in which the collection of 
 the charge imposed under section 40117 has 
 begun.
 (B) New categorization.--A reduction in an 
 apportionment under paragraph (1) shall only be 
 applied to an airport if such airport has been 
 designated as a medium or large hub airport for 
 3 consecutive years.
 (g) Supplemental Apportionment for Puerto Rico and United 
States Territories.--The Secretary shall apportion amounts for 
airports in Puerto Rico and all other United States territories 
in accordance with this section. This subsection does not 
prohibit the Secretary from making project grants for airports 
in Puerto Rico or other United States territories from the 
discretionary fund under section 47115.

 * * * * * * *