Outline

Last Updated: March 2nd, 2026

The Airport Law Cheat Sheet

It’s complicated

It goes without saying that commercial airports are extremely complex. In addition to hundreds of thousands of pages of law and regulations (they are different) covering safety and security, airports are not only major businesses, they also function like cities, with heavy environmental compliance requirements and a completely unique set of tax and funding requirements.

This page functions as our gateway. This is the simple version. Although it seems overwhelming, you may notice that there are only a few key (but massive) documents that drive everything most people care about. The rest is provided as an outline to show you the complete process.

For example, with the SAMP, you will mostly hear about ‘NEPA’ or ‘SEPA. But not realize that the FAA controls aspects that most people assume is ‘EPA’. And then out of nowhere, someone will mention ‘CEQ’ which creates most of those rules, or the PSRC which approves federal funding.

I. Noise & Land Use Compatibility

  • Aviation Safety & Noise Abatement Act (ASNA, 1979 / effective 1980)
    Foundation for standardized aircraft-noise metrics and land-use guidance; statutory basis for Part 150 NEM/NCP. faa.gov
  • 49 U.S.C. §§ 47501–47510 — Airport Noise & Capacity Act (ANCA, 1990)
    National noise policy; authority for airport noise programs and Stage 2 phase-out; underpins Parts 150 & 161. law.cornell.edu
  • 49 U.S.C. § 47502 — Noise Exposure Maps (1990)
    FAA-approved NEMs required for eligibility and planning. law.cornell.edu
  • 49 U.S.C. § 47504 — Noise Compatibility Programs (1990)
    Authorizes FAA approval of airport NCPs (sound insulation, land acquisition, etc.). law.cornell.edu
  • 14 CFR Part 150 — Airport Noise Compatibility Planning (1981)
    Implements ASNA; NEM/NCP procedures; Appendix A land-use table (DNL 65 dB context). ecfr.gov
  • 14 CFR Part 161 — Noise & Access Restrictions (1991)
    Process for new Stage 3 restrictions; seldom approved but central to “why not a curfew?” debates. ecfr.gov
  • Noise Monitoring & Enforcement Limits (49 U.S.C. § 47524 / 14 CFR Part 161; FAA enforces under § 47509) (1990–1991)
    Airports may log complaints/exceedances, but have no authority to fine operators; FAA retains aircraft-noise enforcement. law.cornell.edu

II. Airport Operations, Finance & Revenue Use

  • Airport & Airway Development Act (AADA, 1970)
    Created Airport & Airway Trust Fund and precursor federal airport grants. wikipedia.org
  • Airport Improvement Program (AIP) — Airport & Airway Improvement Act (1982)
    Primary federal airport grant program (planning & capital); consolidated earlier programs. faa.gov
  • Passenger Facility Charge (PFC) Program (1990; 14 CFR Part 158)
    Airports may collect up to $4.50 per enplaned passenger for FAA-approved projects; authorized by 49 U.S.C. § 40117. law.cornell.edu | ecfr.gov
  • Legacy Airport Aid — 14 CFR Part 152 (1970)
    Former AADA airport-aid rules; still cited for historic projects and recordkeeping. ecfr.gov
  • 49 U.S.C. § 40116 — Anti-Head Tax Act (1973)
    Bars state/local taxes on passengers or airline receipts; allows reasonable, nondiscriminatory user fees. uscode.house.gov
  • 49 U.S.C. § 47107 — Grant Assurances (current codification 1994; roots 1970/1982)
    Core sponsor obligations: open access, no unjust discrimination, compatible land use, no revenue diversion. law.cornell.edu
  • 49 U.S.C. § 47129 — Rates & Charges Disputes (1994)
    Procedure for airlines to challenge “unreasonable” airport fees. govinfo.gov
  • 49 U.S.C. § 47133 — Revenue-Use Restriction (1996)
    Airport revenues (incl. local aviation-fuel taxes) must fund airport purposes only. law.cornell.edu

  • FAA Policy Regarding Airport Rates & Charges (2008)
    This policy is the master plan for how airports are financed in cooperation with airlines. “Reasonable, nondiscriminatory” fee standards; cost-basis guidance. federalregister.gov
  • FAA Revenue-Use Policy (2013)
    Defines “airport revenue,” allowable uses, aviation-fuel-tax rules. federalregister.gov
  • FAA Order 5100.38 — AIP Handbook (2014)
    AIP eligibility, allowable costs, land acquisition, noise-mitigation procedures. faa.gov
  • FAA Grant Assurances — current version (2024)
    Standard sponsor obligations text incorporated into AIP grants. faa.gov

The Airport Revenue Structure & Funding Ecosystem

  • Aeronautical Revenues — Airline Fees & Leases
    Primary user-fee sources: landing fees, terminal and gate leases, apron/airfield charges, and FIS-area rents.
    Governed by 49 U.S.C. § 47107(a)(1) and the FAA’s Rates & Charges Policy (2008).
    At large-hub airports (e.g., Sea-Tac), these are structured under a Signatory Lease & Operating Agreement (SLOA) and operate on a cost-recovery basis.
  • Non-Aeronautical Revenues — Commercial Operations
    Parking, rental cars, ground transportation, concessions, terminal retail, advertising, fuel-flowage, utilities, and real-estate leases.
    Still classified as “airport revenue” under § 47133 and FAA’s Revenue-Use Policy (2013) — all must remain on-airport or used for airport purposes.
  • Federal & State Grant Programs
    • Airport Improvement Program (AIP) — 49 U.S.C. § 47101 et seq. (1982).
      Formula and discretionary grants for capital projects, planning, safety, and noise mitigation.
    • Passenger Facility Charge (PFC) — 49 U.S.C. § 40117 / 14 CFR Part 158 (1990).
      Locally imposed fee (up to $4.50 per enplanement) for FAA-approved projects; may back revenue bonds.
    • BIL / IIJA Airport Grants — Infrastructure Investment & Jobs Act (2021).
      New “Airport Infrastructure Grant (AIG)” and “Airport Terminal Program (ATP)” funds supplementing AIP.
    • VALE Program — 49 U.S.C. § 47139 (2004).
      Voluntary Airport Low Emissions grants for air-quality and sustainability projects.
    • State Aviation Grants — RCW 47.68 (Washington).
      Matching funds administered by WSDOT for smaller airports and safety improvements.
  • Bond & Debt Financing
    Airport revenue bonds, general airport revenue bonds (GARBs), and PFC-backed bonds (§ 40117(l)) finance major capital programs.
    All must comply with § 47133 restrictions—no revenue diversion outside the airport system.
  • Other Federal Sources (Specialized)
    TSA/DHS reimbursements (security facilities);
    EPA/FAA VALE sustainability grants;
    past CARES/ARPA pandemic relief;
    and limited indirect benefits from airline-side programs (EAS, SCASD).
    These are episodic, not permanent revenue sources.

III. Environmental & NEPA Compliance

  • EPA: Clean Air Act Title II – Emission Standards for Moving Sources
    Part B includes Aviation. Unlike roadways, states may not implement stricter standards for aircraft
  • National Environmental Policy Act (NEPA, 1969 / effective 1970)
    Requires EAs/EISs for major Federal actions; created CEQ. law.cornell.edu
  • FAA Order 1050.1F (2015) / 1050.1G (2025) — Environmental Impacts: Policies & Procedures
    FAA’s NEPA manual (CATEX/EA/EIS), extraordinary circumstances, documentation standards. faa.gov
  • FAA Order 5050.4B — NEPA Implementing Instructions for Airport Actions (2006)
    Airport-specific NEPA procedures (noise, air quality, cumulative impacts). faa.gov
  • EA → EIS Decision Logic (1050.1F ch. 3–5; 1050.1G ch. 4) — 2015 / 2025
    When to elevate: actions normally requiring EA/EIS; “extraordinary circumstances”; significance thresholds; reevaluation/supplement triggers. faa.gov

  • Legislative CATEX for PBN/NextGen Procedures (2012)
    FAA Modernization & Reform Act § 213 — limited CATEX for certain flight-procedure changes. congress.gov
  • DOT Order 5610.1D — USDOT NEPA Procedures (2025)
    Department-wide NEPA updates aligning modal agencies (incl. FAA). transportation.gov

IV. CEQ NEPA Framework

When Congress passed NEPA, there was no EPA. Lawmakers chose a small office in the White House under the control of the President, to coordinate environmental policy across all federal agencies, not a new regulator. NEPA’s Title II established the Council on Environmental Quality (CEQ). CEQ’s mission was to advise the President, ensure that agencies considered environmental impacts before making major decisions, and create uniform procedures for Environmental Assessments and Environmental Impact Statements. When the EPA later came into existence, it took on monitoring and enforcement of pollution, while CEQ retained responsibility for setting the government-wide NEPA process. CEQ defines how environmental review must be done, and agencies like the FAA or EPA apply those procedures within their own areas of authority.

  • CEQ Regulations — Government-wide NEPA Rules
    1978 original; 2020 modernization; 2022 Phase 1; 2023 Phase 2; changes/rescission activity in 2025. ceq.doe.gov
  • 40 C.F.R. § 1501.3 — Level of NEPA Review (1978; rev. 2020/2022/2025)
    Selecting CATEX vs EA vs EIS. ecfr.gov
  • 40 C.F.R. §§ 1501.9 & 1501.11 — Scope; Connected/Cumulative/Similar Actions (1978; rev. 2020/2022)
    Basis for bundling a multi-project program (e.g., SAMP) into a single EIS. ecfr.gov
  • 40 C.F.R. § 1501.12 — Tiering / Programmatic Review (1978; rev. 2020)
    Programmatic EIS with later tiered EAs/EISs. ecfr.gov
  • 40 C.F.R. §§ 1502.13–1502.14 — Purpose & Need; Alternatives (1978; rev. 2020/2022)
    Core of the EIS; frames SAMP alternatives. ecfr.gov
  • 40 C.F.R. § 1502.9 — Draft/Final & Supplemental Statements (1978; rev. 2020/2022)
    When a Supplemental EIS is required before a ROD. ecfr.gov
  • 40 C.F.R. § 1506.3 — Adoption (1978; rev. 2020/2022)
    Agency adoption of another agency’s EA/EIS with independent review. ecfr.gov
  • 40 C.F.R. § 1508.1 — Definitions (1978; rev. 2020/2022/2025)
    Core terms: “effects,” “significance,” “cumulative impacts.” ecfr.gov

V. Regional & Intergovernmental Planning Authorities

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