[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 461 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 461
To ensure general aviation aircraft access to Federal land and to the
airspace over Federal land.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 12, 2007
Mr. Rehberg introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
Agriculture and Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To ensure general aviation aircraft access to Federal land and to the
airspace over Federal land.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Backcountry Landing Strip Access
Act''.
SEC. 2. FINDINGS.
Congress finds that--
(1) aircraft landing strips--
(A) serve an essential safety role as emergency
landing areas;
(B) provide access to people who would otherwise be
physically unable to enjoy national parks, national
forests, wilderness areas, and other Federal land;
(C) support State economies by providing efficient
access for visitors seeking recreational activities;
and
(D) serve an essential role in search and rescue,
forest and ecological management, research, wildlife
management, aerial mapping, firefighting, and disaster
relief; and
(2) the Secretary of the Interior and the Secretary of
Agriculture should--
(A) adopt a nationwide policy for governing
backcountry aviation issues relating to the management
of Federal land under the jurisdiction of the
Secretaries; and
(B) require regional managers to comply with the
policy adopted under subparagraph (A).
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Federal Aviation Administration.
(2) Aircraft landing strip.--The term ``aircraft landing
strip'' means an established aircraft landing strip located on
Federal land under the administrative jurisdiction of the
Secretary that is commonly known, and has been or is
consistently used, for aircraft landing and departure
activities.
(3) Permanently close.--The term ``permanently close''
means any closure, the duration of which is more than 90 days
in any calendar year.
(4) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of
the Secretary of the Interior, the Secretary of the
Interior; and
(B) with respect to land under the jurisdiction of
the Secretary of Agriculture, the Secretary of
Agriculture.
SEC. 4. PROCEDURE FOR CONSIDERATION OF ACTIONS AFFECTING CERTAIN
AIRCRAFT LANDING STRIPS.
(a) In General.--The Secretary shall not take any action that would
permanently close, restrict, or render or declare as unserviceable any
aircraft landing strip unless--
(1) the head of the aviation department of each State in
which the aircraft landing strip is located approves the
action;
(2) the Secretary publishes in the Federal Register notice
of the proposed action, including notice that the action would
permanently close, restrict, or render or declare as
unserviceable the aircraft landing strip;
(3) the Secretary provides for a 90-day public comment
period beginning on the date of publication of the notice under
paragraph (2); and
(4) the Secretary and the head of the aviation department
of each State in which the affected aircraft landing strip is
located have taken into consideration any comments received
during the comment period under paragraph (3).
(b) Policies.--
(1) Backcountry aviation policies.--Not later than 2 years
after the date of enactment of this Act, the Secretaries
shall--
(A) adopt a nationwide policy for governing
backcountry aviation issues relating to the management
of Federal land under the jurisdiction of the
Secretaries; and
(B) require regional managers to adhere to the
policy adopted under subparagraph (A).
(2) Requirements.--Any policy affecting air access to an
aircraft landing strip, including the policy adopted under
paragraph (1), shall not take effect unless the policy--
(A) states that the Administrator has the sole
authority to control aviation and airspace over the
United States; and
(B) seeks and considers comments from State
governments and the public.
(c) Maintenance of Airstrips.--
(1) In general.--To ensure that aircraft landing strips are
maintained in a manner that is consistent with the resource
values of any adjacent area, the Secretary shall consult with--
(A) the head of the aviation department of each
State in which an aircraft landing strip is located;
and
(B) any other interested parties.
(2) Cooperative agreements.--The Secretary may enter into
cooperative agreements with interested parties for the
maintenance of aircraft landing strips.
(d) Exchanges or Acquisitions.--There shall not be as a condition
of any Federal acquisition of, or exchange involving, private property
on which a landing strip is located--
(1) the closure or purposeful neglect of the landing strip;
or
(2) any other action that would restrict use or render any
landing strip unserviceable.
(e) Applicability.--Subsections (a), (b)(2), and (d) shall apply to
any action, policy, exchange, or acquisition, respectively, that is not
final on the date of enactment of this Act.
(f) Effect on Federal Aviation Administration Authority.--Nothing
in this Act affects the authority of the Administrator over aviation or
airspace.
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