Sec. 163. Limited regulation of non-federally sponsored property
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/bill/115/hr/302/eah/section-163A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Except as provided in subsection (b), the Secretary of Transportation may not directly or indirectly regulate— the acquisition, use, lease, encumbrance, transfer, or disposal of land by an airport owner or operator; any facility upon such land; or any portion of such land or facility. Subsection
(a)does not apply to— any regulation ensuring— the safe and efficient operation of aircraft or safety of people and property on the ground related to aircraft operations; that an airport owner or operator receives not less than fair market value in the context of a commercial transaction for the use, lease, encumbrance, transfer, or disposal of land, any facilities on such land, or any portion of such land or facilities; or that the airport pays not more than fair market value in the context of a commercial transaction for the acquisition of land or facilities on such land; any regulation imposed with respect to land or a facility acquired or modified using Federal funding; or any authority contained in— a Surplus Property Act instrument of transfer, or section 40117 of title 49, United States Code. Nothing in this section shall be construed to affect the applicability of sections 47107(b) or 47133 of title 49, United States Code, to revenues generated by the use, lease, encumbrance, transfer, or disposal of land under subsection (a), facilities upon such land, or any portion of such land or facilities. Section 47107(a)(16) of title 49, United States Code, is amended— by striking subparagraph
(B)and inserting the following: the Secretary will review and approve or disapprove only those portions of the plan (or any subsequent revision to the plan) that materially impact the safe and efficient operation of aircraft at, to, or from the airport or that would adversely affect the safety of people or property on the ground adjacent to the airport as a result of aircraft operations, or that adversely affect the value of prior Federal investments to a significant extent; ; in subparagraph (C), by striking if the alteration and all that follows through airport; and and inserting the following: unless the alteration— is outside the scope of the Secretary’s review and approval authority as set forth in subparagraph (B); or complies with the portions of the plan approved by the Secretary; and ; and in subparagraph (D), in the matter preceding clause (i), by striking when an alternation and all that follows through Secretary, will and inserting when an alteration in the airport or its facility is made that is within the scope of the Secretary’s review and approval authority as set forth in subparagraph (B), and does not conform with the portions of the plan approved by the Secretary, and the Secretary decides that the alteration adversely affects the safety, utility, or efficiency of aircraft operations, or of any property on or off the airport that is owned, leased, or financed by the Government, then the owner or operator will, if requested by the Secretary .