---
kind: "section"
citation: "49 U.S.C. § 44517"
title: "49"
title_heading: "Transportation"
number: "44517"
heading: "Program to permit cost sharing of air traffic modernization projects"
release: "119-102"
url: "https://uscodex.org/usc/49/44517"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part A — Air Commerce and Safety"
  - "Subpart iii — safety"
  - "Chapter 445 — Facilities, Personnel, and Research"
---

# §44517. Program to permit cost sharing of air traffic modernization projects

- (a) **In General.—** Subject to the requirements of this section, the Secretary may carry out a program under which the Secretary may make grants to [project sponsors](#e-2) for not more than 10 [eligible projects](#e-1) per fiscal year for the purpose of improving aviation safety and enhancing mobility of the Nation’s [air transportation](/usc/49/40102.md?p=a-5) system by encouraging non-Federal investment in critical air traffic control equipment and software.
- (b) **Federal Share.—** The Federal share of the cost of an [eligible project](#e-1) carried out under the program shall not exceed 33 percent. The non-Federal share of the cost of an [eligible project](#e-1) shall be provided from non-Federal sources, including revenues collected pursuant to [section 40117](/usc/49/40117.md).
- (c) **Limitation on Grant Amounts.—** No [eligible project](#e-1) may receive more than $5,000,000 in Federal funds under the program.
- (d) **Funding.—** The Secretary shall use amounts appropriated under [section 48101(a)](/usc/49/48101.md?p=a) to carry out the program.
- (e) **Definitions.—** In this section, the following definitions apply:
  - (1) **Eligible project.—** The term “eligible project” means a project to purchase equipment or software relating to the Nation’s [air traffic control system](/usc/49/40102.md?p=a-47) that is certified or approved by the Administrator of the Federal Aviation Administration and that promotes safety, efficiency, or mobility. Such projects may include—
    - (A) [airport](/usc/49/40102.md?p=a-9)-specific air traffic facilities and equipment, including local area augmentation systems, instrument landing systems, weather and wind shear detection equipment, and lighting improvements;
    - (B) automation tools to effect improvements in [airport](/usc/49/40102.md?p=a-9) capacity, including passive final approach spacing tools and traffic management advisory equipment; and
    - (C) equipment and software that enhance airspace control procedures or assist in en route surveillance, including oceanic and offshore flight tracking.
  - (2) **Project sponsor.—** The term “project sponsor” means any major user of the national airspace system, as determined by the Secretary, including a public-use [airport](/usc/49/40102.md?p=a-9) or a joint venture between a public-use [airport](/usc/49/40102.md?p=a-9) and one or more [air carriers](/usc/49/40102.md?p=a-2).
- (f) **Transfers of Equipment.—** Notwithstanding any other provision of law, and upon agreement by the Administrator, a [project sponsor](#e-2) may transfer, without consideration, to the Federal Aviation Administration, facilities, equipment, or automation tools, the purchase of which was assisted by a grant made under this section, if such facilities, equipment or tools meet Federal Aviation Administration operation and maintenance criteria.
- (g) **Guidelines.—** The Administrator shall issue advisory guidelines on the implementation of the program. The guidelines shall not be subject to administrative rulemaking requirements under subchapter II of [chapter 5](/usc/5/chptI-ch5.md) of title 5.

## Source credit

(Added Pub. L. 108–176, title I, § 183(a), Dec. 12, 2003, 117 Stat. 2516.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable only to fiscal years beginning after Sept. 30, 2003, except as otherwise specifically provided, see section 3 of Pub. L. 108–176, set out as an Effective Date of 2003 Amendment note under section 106 of this title.