109th CONGRESS
2d Session
H. R. 4970
To ensure general aviation aircraft access to Federal land and
to the airspace over Federal land.
IN THE HOUSE OF REPRESENTATIVES
March 15, 2006
Mr. OTTER (for himself, Mr. SIMPSON, Mr. HASTINGS of Washington, and Mr.
FLAKE) introduced the following bill; which was referred to the Committee
on 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.
(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.
(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).
(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.
END
