---
kind: "section"
citation: "49 U.S.C. § 47138"
title: "49"
title_heading: "Transportation"
number: "47138"
heading: "Pilot program for purchase of airport development rights"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/49/47138"
units:
  - "Subtitle VII — Aviation Programs"
  - "Part B — Airport Development and Noise"
  - "Chapter 471 — Airport Development"
  - "Subchapter I — Airport Improvement"
---

# §47138. Pilot program for purchase of airport development rights

- (a) **In General.—** The Secretary of Transportation shall establish a pilot program to support the purchase, by a [State](/usc/49/47102.md?p=27) or political subdivision of a [State](/usc/49/47102.md?p=27), of development rights associated with, or directly affecting the use of, privately owned public use [airports](/usc/49/40102.md?p=a-9) located in that [State](/usc/49/47102.md?p=27). Under the program, the Secretary may make a grant to a [State](/usc/49/47102.md?p=27) or political subdivision of a [State](/usc/49/47102.md?p=27) from funds apportioned under [section 47114](/usc/49/47114.md) for the purchase of such rights.
- (b) **Grant Requirements.—**
  - (1) **In general.—** The Secretary may not make a grant under [subsection (a)](#a) unless the grant is made—
    - (A) to enable the [State](/usc/49/47102.md?p=27) or political subdivision to purchase development rights in order to ensure that the [airport property](/usc/49/47301.md?p=1) will continue to be available for use as a [public airport](/usc/49/47102.md?p=21); and
    - (B) subject to a requirement that the [State](/usc/49/47102.md?p=27) or political subdivision acquire an easement or other appropriate covenant requiring that the [airport](/usc/49/40102.md?p=a-9) shall remain a public use [airport](/usc/49/40102.md?p=a-9) in perpetuity.
  - (2) **Matching requirement.—** The amount of a grant under the program may not exceed 90 percent of the costs of acquiring the development rights.
- (c) **Grant Standards.—** The Secretary shall prescribe standards for grants under [subsection (a)](#a), including—
  - (1) grant application and approval procedures; and
  - (2) requirements for the content of the instrument recording the purchase of the development rights.
- (d) **Release of Purchased Rights and Covenant.—** Any development rights purchased under the program shall remain the property of the [State](/usc/49/47102.md?p=27) or political subdivision unless the Secretary approves the transfer or disposal of the development rights after making a determination that the transfer or disposal of that right is in the public interest.
- (e) **Limitation.—** The Secretary may not make a grant under the pilot program for the purchase of development rights at more than 10 [airports](/usc/49/40102.md?p=a-9).

## Source credit

(Added Pub. L. 108–176, title I, § 152(a), Dec. 12, 2003, 117 Stat. 2506.)

## 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.