§ 63-68. Limitations on State financial aid. - North Carolina Statutes

§63‑68.  Limitations on State financial aid.

Grants and loans of fundsauthorized by this Article shall be subject to the following conditions andlimitations:

(1)        Loans and grants maybe for such projects, activities, or facilities as would in general be eligiblefor approval by the Federal Aviation Administration or its successor agency oragencies with the exception that the requirement that the airport be publiclyowned shall not be applicable.  Further, airport terminal and security areas,seaplane bases, and heliports are also eligible for State financial aid.

(2)        Loans and grants ofState funds shall be limited to a maximum of fifty percent (50%) of thenonfederal share of the total cost of any project for which aid is requested,and shall be made only for the purpose of supplementing such other funds,public or private, as may be available from federal or local sources provided,however, using one hundred percent (100%) State funding in its discretion theDepartment of Transportation may purchase, install and maintain navigationalaids necessary for the safe, efficient use of airspace and may conduct otherprojects or programs to improve the safety and planning of the airtransportation system, including but not limited to, marking serviceable runwaysand taxiways.  Further, the Department of Transportation may contract out themaintenance and installation of state‑owned navigational aids whennecessary and may give or transfer such aids to the Federal AviationAdministration.

(3)        Loans and grants ofState funds shall be made from General Assembly appropriations specificallydesignated for aviation improvement, and from no other source.  The Departmentof Transportation may utilize the State Aviation Grant Funds to cover thedirect and indirect costs of administering airport grant projects, otherservices authorized by this Article including planning, and the costs ofservices provided by nonadministrative Department of Transportation divisionsor other State agencies in connection with these projects.

(4)        Notwithstanding theprovisions of this section or G.S. 63‑67, the Department ofTransportation may allow up to ten percent (10%) of State aviation grant fundsto be used for maintenance on General Aviation and Air Carrier Airports havinga Department of Transportation approved maintenance plan on a seventy‑fivepercent (75%) local – twenty‑five percent (25%) State basis.

(5)        Notwithstanding theprovisions of this section, the Department of Transportation may allow loansand grants of State funds up to eighty percent (80%) of the nonfederal share ofthe total cost of the development of new or unpaved publicly owned airportsidentified in the North Carolina Airport System Plan, provided that suchfunding shall be limited to land acquisition, site preparation, basic runway,taxiway, and apron system construction, together with associated lighting andnavigational aids, and construction of the primary airport access road. Electronic navigational aids, terminal buildings, access taxiways, and otheritems eligible for State airport aid at the rate of fifty percent (50%) of thenonfederal share of project cost shall not be eligible for the foregoing eightypercent (80%) State funding, even though constructed as part of the initialairport development.

(6)        Notwithstanding theprovisions of this section, the Department of Transportation may allow loansand grants of State funds up to ninety percent (90%) of the total cost of thedevelopment of new or unpaved publicly owned rural airports identified in theNorth Carolina Airport System Plan and receiving no federal funding.  SuchState funding shall be limited to land acquisition, site preparation, basicrunway, taxiway, and apron system construction, together with associatedlighting and navigational aids, and construction of the primary airport accessroad.

                  TheDepartment of Transportation shall develop rules and regulations to definerural airports. (1967, c. 1006, s. 1; 1969, c. 293; 1973, c. 1262, s.28; c. 1443, s. 3; 1975, c. 716, s. 3; 1977, 2nd Sess., c. 1219, s. 39.2; 1979,c. 148, ss. 3, 5; c. 149; 1981, c. 1117, ss. 1, 2; 1983, c. 319; 1983 (Reg.Sess., 1984), c. 1094; 1985, c. 782; 1989, c. 636; 1991, c. 430, s. 1.)