[United States Statutes at Large, Volume 122, 110th Congress, 2nd Session] [From the U.S. Government Printing Office, www.gpo.gov] 122 STAT. 3729 Public Law 110-337 110th Congress An Act To amend title 49, United States Code, to expand passenger facility fee eligibility for certain noise compatibility projects. [NOTE: Oct. 2, 2008 - [S. 996]] Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. EXPANDED PASSENGER FACILITY FEE ELIGIBILITY FOR NOISE COMPATIBILITY PROJECTS. Section 40117(b) of title 49, United States Code, is amended by adding at the end the following: ``(7) Noise mitigation for certain schools.-- ``(A) In general.--In addition to the uses specified in paragraphs (1), (4), and (6), the Secretary may authorize a passenger facility fee imposed under paragraph (1) or (4) at a large hub airport that is the subject of an amended judgment and final order in condemnation filed on January 7, 1980, by the Superior Court of the State of California for the county of Los Angeles, to be used for a project to carry out noise mitigation for a building, or for the replacement of a relocatable building with a permanent building, in the noise impacted area surrounding the airport at which such building is used primarily for educational purposes, notwithstanding the air easement granted or any terms to the contrary in such judgment and final order, if-- ``(i) the Secretary determines that the building is adversely affected by airport noise; ``(ii) the building is owned or chartered by the school district that was the plaintiff in case number 986,442 or 986,446, which was resolved by such judgment and final order; ``(iii) the project is for a school identified in 1 of the settlement agreements effective February 16, 2005, between the airport and each of the school districts; ``(iv) in the case of a project to replace a relocatable building with a permanent building, the eligible project costs are limited to the actual structural construction costs necessary to mitigate aircraft noise in instructional classrooms to an interior noise level meeting current standards of the Federal Aviation Administration; and ``(v) the project otherwise meets the requirements of this section for authorization of a passenger facility fee. [[Page 3730]] 122 STAT. 3730 ``(B) Eligible project costs.--In subparagraph (A)(iv), the term `eligible project costs' means the difference between the cost of standard school construction and the cost of construction necessary to mitigate classroom noise to the standards of the Federal Aviation Administration.''. Approved October 2, 2008. LEGISLATIVE HISTORY--S. 996: --------------------------------------------------------------------------- CONGRESSIONAL RECORD, Vol. 154 (2008): Feb. 28, considered and passed Senate. Sept. 17, considered and passed House.