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without regard to the State or States in which such projects are located. used in this subsection the term "population" means the population as shown by the latest decennial census of the United States and the term "area" includes both land and water.

Notification of Apportionment

(c) Upon making an apportionment as provided in subsection (b), the Administrator shall inform the executive head of each State, and any public agency which has requested such information, as to the sums apportioned to each State.

SUBMISSION AND APPROVAL OF PROJECTS

Submission

SEC. 6. (a) Any non-Federal public agency may submit to the Administrator a project application in such form, and containing such supporting information, as may be prescribed by the Administrator and setting forth in detail the airport development proposed to be undertaken. No project application shall propose airport development other than that included in the then current revision of the national airport plan formulated by the Administrator under this title, and all such proposed development shall be in accordance with standards established by the Administrator, including standards for site selection, airport lay-out, grading, drainage, seeding, paving, and lighting.

Approval

(b) All such projects shall be subject to the approval of the Administrator, which approval shall be given only if he is satisfied that the project will contribute to the accomplishment of the purposes of this title, that sufficient funds are available therefor, that the project will be completed without undue delay, and that all sponsorship requirements prescribed by or under the authority of this title have been or will be met.

Hearings

(c) Project applications shall be public documents in the office of the Administrator. Any public agency having a substantial interest in the disposition of any application by the Administrator may file with the Administrator a memorandum in support of or in opposition to such application; and any such agency shall be accorded a public hearing upon request.

PROJECT SPONSORSHIP

SEC. 7. As a condition precedent to his approval of a project under this title, the Administrator shall receive assurances, satisfactory to him, that—

(1) the airport to which the project relates will be available for public use on fair and reasonable terms and without unjust discrimination;

(2) such airport and all facilities thereon or connected therewith will be suitably operated and maintained;

(3) the aerial approaches to such airport will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards;

(4) all the facilities of such airport developed with Federal aid and all those usable for the landing and take-off of aircraft will be available to the United States for use by Government aircraft at all times without charge other than (a) a charge sufficient to defray the cost of repairing damage done by such aircraft, and (b) if the use by military or naval aircraft shall be substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining the facilities so used;

(5) all airport accounts and records will be kept in accordance with a standard system of accounting prescribed by the Administrator, after consultation with appropriate public agencies;

(6) the airport operator or owner will submit to the Administrator such annual or special airport financial and operations reports as the Administrator may reasonably request; and

(7) the airport and all airport records will be available to the Administrator's inspectors upon request.

To insure compliance with this section, the Administrator shall prescribe such project sponsorship requirements, consistent with the terms of this title, as he

may deem necesssary. Among other steps to insure such compliance the Administrator is authorized to enter into contracts with public agencies, on behalf of the United States, and such contracts shall be enforceable by decrees for specific performance.

GRANT AGREEMENTS

SEC. 8. Upon approving a project the Administrator shall transmit to the project sponsor an offer in behalf of the United States to pay such portion of the allowable project costs of said project (not to exceed 50 per centum) as he may deem appropriate for carrying out the provisions of this title. Any such offer shall be made upon such terms, and subject to such conditions, as the Administrator may deem necessary to meet the requirements of this title and the regulations prescribed thereunder. Fach such offer shall state a definite amount as the maximum obligation of the United States and shall stipulate the obligations to be assumed by the project sponsor. If and when any such offer is accepted in writing by the project sponsor to which it is made, such offer and acceptance shall comprise a grant agreement constituting an obligation of the United States. Unless and until such a grant agreement has been executed with respect to a project, the United States shall not pay, nor be obligated to pay, any portion of the project costs which have been or may be incurred in carrying out that project.

ALLOWABLE PROJECT COSTS

SEC. 9. Notwithstanding any other provision of this title, the United States shall not pay, or be obligated to pay, any portion of a project cost incurred in carrying out a project unless the Administrator has first determined that such cost is allowable. A project cost shall be allowable if

(1) it was incurred in accomplishing airport development in conformity with approved plans and specifications for an approved project and with the terms and conditions of the grant agreement entered into in connection with such project;

(2) it was incurred subsequent to the execution of the grant agreement with respect to the project, except that necessary costs of formulating the project, including those of field surveys and the preparation of plans and specifications may be allowable even though incurred prior to the execution of the grant agreement for such project, if incurred subsequent to the enactment of this title; and

(3) it is reasonable in amount, in the opinion of the Administrator: Provided, That if the Administrator determines that a project cost is unreasonable in amount, the amount which he determines would have been reasonable shall be an allowable project cost.

The Administrator is authorized to prescribe such regulations, including regulations with respect to the auditing of project costs, as he may deem necessary to effectuate the purposes of this section.

PAYMENTS

SEC. 10. The Administrator, after consultation with the project sponsor, shall determine at what times, and in what amounts, payments shall be made under this title. The aggregate of such payments at any time with respect to a particular project shall not exceed the United States share of the project costs of the airport development which has been performed in conformity with the approved plans and specifications for such project. Such payments shall be made to such official or officials or depository, authorized by law to receive public funds, as may be designated by the project sponsor entitled to such payments.

PERFORMANCE OF CONSTRUCTION WORK

SEC. 11. The construction work on any approved project shall be subject to inspection and approval by the Administrator and in accordance with regulations prescribed by him. Such regulations shall require such cost and progress reporting by the project sponsor as the Administrator shall deem necessary. No such regulation shall have the effect of altering any contract in connection with any project entered into without actual notice of the regulation.

ACQUISITION OF PROPERTY FOR PROJECT SPONSORS

SEC. 12. Whenever it is the opinion of the Administrator that any real or personal property or interest therein necessary in connection with a project cannot

be acquired by the project sponsor without undue expense or delay, the Administrator may, at the request of such sponsor ihstitute a proceeding for the condemnation of such property or interest therein in accordance with the provisions of the Act entitled "An Act to expedite the construction of public buildings and works outside of the District of Columbia by enabling possession and title of sites to be taken in advance of final judgment in proceedings for the acquisition thereof under the power of eminent domain", approved February 26, 1931 (U. S. C., 1940 edition, title 40, secs. 258a to 258e, inclusive), the entire cost of which acquisition shall be borne by the project sponsor. The court in which such condemnation proceeding is instituted shall have jurisdiction to determine whether the acquisition of the real property or interest therein, or easement through or other interest in air space, is necessary in connection with such project; and such court shall, for good cause shown, stay the taking of possession of such property, easement, or other interest until the court has determined whether such acquisition is necessary for such purpose; and if it is determined by such court that such acquisition is not necessary for such purpose, such condemnation proceeding shall be terminated and possession and title to the property, easement, or other interest involved shall revert to the original owner. In the determination of the compensation to be paid in any condemnation proceeding under this subsection, there shall be included not only the value of the property and facilities affected and the cost of any changes in or relocation of such property and facilities but also compensation for any loss occasioned in the operation thereof. When so acquired by the United States, such property or interest therein shall be conveyed to the project sponsor.

USE OF GOVERNMENT-OWNED LANDS

Requests for Use

SEC. 13. (a) Whenever the Administrator determines that use of any lands owned or controlled by the United States is reasonably necessary for carrying out a project under this title, or for the operation of any public airport, he shall file with the head of the department or agency having control of such lands a request that such property interest therein as he may deem necessary be conveyed to the public agency sponsoring the project in question or owning or controlling the airport. Such property interest may consist of the title or any other interest in property, including any leasehold or avigation or other easement or right-of-way.

Making of Conveyances

(b) If within a period of four months after such filing such department or agency head shall not have certified to the Administrator that the requested conveyance is contrary to the public interest or inconsistent with the needs of that department or agency, such department or agency head is hereby authorized and directed, with the approval of the President and the Attorney General of the United States, and without any. expense to the United Stats, to perform any acts and to execute any instruments necessary to make the conveyance requested; but each such conveyance shall be made on the condition that the property interest conveyed shall automatically revert to the United States in the event that the lands in question are not developed, or cease to be used, for airport purposes.

REPORTS TO CONGRESS

SEC. 14. On or before the first Monday in February of each year the Administrator shall make a report to the Congress describing his operations under this title during the preceding fiscal year, including detailed statements of the airport development accomplished, the status of each project undertaken, the allocation of appropriations, and itemized statement of expenditures and receipts, and setting forth his recommendations, if any, for legislation amending or supplementing this title.

FALSE STATEMENTS

SEC. 15. Any officer, agent, or employee of the United States, or any officer, agent, or employee of any public agency, or any person, association, firm, or corporation who shall knowingly make any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the costs thereof, in connection with the submission of plans, maps, specifications, contracts, or estimates of project costs for any project submitted to the Administrator for approval under this title or shall knowingly make any false

statement, false representation, or false report or claim for work or materials for any project approved by the Administrator under this title, or shail knowingly make any false statement or false representation in any report required to be made under this title, with the intent to defraud the United States shall, upon conviction thereof, be punished by imprisonment for not to exceed five years or by a fine of not to exceed $10,000, or by both such fine and imprisonment.

EXISTING AIRPORT PROGRAMS

SEC. 16. Nothing in this title shall affect the carrying out of the program for the development of public landing arcas necessary for national defense, authorized by the Department of Comtnerce Appropriation Act, 1915, or the program for the development of civil landing areas, authorized by the First Supplemental National Defense Appropriation Act, 1944, which programs shall be additional to the Federal-aid airport program authorized by this title.

REGULATIONS OF THE CIVIL AERONAUTICS BOARD

SEC. 17. The Administrator shall exercise the powers conferred upon him by this title in accordance with such general regulations as the Civil Aeronautics Board may prescribe.

TITLE II-AMENDMENTS TO EXISTING LAW RELATING TO AIR NAVIGATION FACILITIES

AMENDMENTS TO SECTION 302 OF CIVIL AERONAUTICS ACT OF 1938

SEC. 201. (a) Section 302 (a) of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

"General

"SEC. 302. (a) The Administrator is authorized, with the approval of the Board, to designate and establish such civil airways as may be required in the public interest. The Administrator is authorized, within the limits of available appropriations made by the Congress, (1) with the approval of the Board, to acquire, establish, and improve air-navigation facilities wherever necessary; (2) to operate and maintain such air-navigation facilities; (3) to chart civil airways and arrange for the publication of maps of such airways, utilizing the facilities and assistance of existing agencies of the Government so far as practicable; and (4) to provide necessaty facilities and personnel for the regulation and protection of air traffic: Provided, That nothing in this Act shall authorize the acquisition of an existing airport.'

(b) Section 302 (c) of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

"Acquisition and Disposal of Property

"(c) The Administrator, on behalf of the United States, is authorized, with the approval of the Board, where appropriate to carry out this section, (1) to accept any conditional or unconditional gift or donation of money or other property, real or personal, or of services; (2) within the limits of appropriations made available by the Congress for expenditure by the Administrator for such purposes, to acquire by purchase, condemnation, lease, or otherwise, real property or interests therein, including easements through or other interests in air space; and (3) to dispose of any real or personal property or interest therein, for adequate compensation, by sale, lease, or otherwise. Any such acquisition by condemnation may be made in accordance with the provisions of the Act entitled 'An Act to expedite the construction of public buildings and works outside of the District of Columbia by enabling possession and title of sites to be taken in advance of final judgment in proceedings for the acquisition thereof under the power of eminent domain,' approved February 26, 1931 (U. S. C., 1940 edition, title 40, secs. 258a to 258e, inclusive). The court in which any condemnation proceeding is instituted under authority of this subsection shall have jurisdiction to determine whether the acquisition of the real property or interest therein, or easement through or other interest in air space, is necessary for the establishment, construction, development, improvement, installation, alteration, repair, maintenance, or operation of any landing area or other air navigation facility; and if

it is determined by such court that such acquisition is not necessary for such purpose, such condemnation proceeding shall be terminated. In the case of a condemnation proceeding instituted under such Act of February 26, 1931, the court shall, for good cause shown, stay the taking of possession of such property, easement, or other interest until the court has determined whether such acquisition is necessary for such purpose; and if it is determined by such court that such acquisition is not necessary for such purpose, possession and title to the property, easement, or other interest involved shall, upon termination of the proceeding, revert to the original owner. In the determination of the compensation to be paid in any condemnation proceeding under this subsection, there shall be included not only the value of the property and facilities affected and the cost of any changes in or relocation of such property and facilities but also compensation for any loss occasioned in the operation thereof."

AMENDMENT TO SECTION 303 OF CIVIL AERONAUTICS ACT OF 1938

SEC. 202. (a) Section 303 of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

"FUNDS EXPENDED UNDER OTHER AUTHORITY

"Certification by Administrator

"SEC. 303. (a) No Federal funds, other than those expended by the Administrator, and those expended for military purposes, shall be expended for the acquisition, establishment, construction, development, improvement, installation, alteration, repair, maintenance, or operation of any airport or other air navigation facility, airport building, or other facility on or in connection with an airport, except upon written certification by the Administrator, with the approval of the Board, that such project is reasonably necessary in the interest of civil aeronautics or national defense and that the resulting facilities will be reasonably safe and adequate for present and prospective aeronautical use. In each case, it shall be the responsibility of the expending agency to apply to the Administrator for the certification required by this section, in accordance with such regulations as the Administrator may prescribe. The Administrator shall include in any such certification such terms and conditions as he deems necessary in order to insure that the facilities covered by such certification will be reasonably safe and adequate for present and prospective aeronautical use; and any such certification may be withdrawn by the Administrator, with the approval of the Board, at any time if he finds that any such term or condition is not being complied with.

"Restrictions on Granting of Exclusive Rights

"(b) No exclusive right shall be granted for the use of any civil airway designated or established under section 302. No exclusive right for the use of any airport or other air navigation facility upon or in connection with which Federal funds have been expended shall be granted to, or exercised by, any person other that the Government of the United States, unless the Administrator approves the granting of such right as necessary in the interest of safety in air navigation. No exclusive right the granting or exercise of which is so approved shall extend for more than two years (either originally or by renewals thereof) unless the action of the Administrator in approving the same is concurred in by the Board."

AMENDMENT TO SECTION 301 OF CIVIL AERONAUTICS ACT OF 1938

SEC. 203. Section 304 of the Civil Aeronautics Act of 1938, as amended, is hereby amended by striking out "Secretary of Agriculture" and inserting in lieu thereof "Chief of the Weather Bureau" and by striking out "air commerce" and inserting in licu thereof "air navigation".

AMENDMENTS TO ACT OF JUNE 20, 1874, AND ACT OF AUGUST 24, 1912

SEC. 204. (a) Section 5 of the Act of June 20, 1874, as amended (U. S. C., 1940 edition, title 31, sec. 713), is hereby amended by inserting after "rivers and harbors, lighthouses," the following: "air navigation facilities,".

(b) Section 7 of the Act of August 24, 1912, as amended (U. S. C., 1910 edition, title 31, sec. 718), is hereby amended by striking out "four" and inserting in lieu thereof "five", and by inserting after "lighthouses,' ," the following: “‘air navigation facilities,'

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